H-4.1, r. 13.1 - Tariff of fees of court bailiffs

Section 33 Disposition versions

2023-12-28

33. In connection with a seizure pertaining to movable property, a bailiff is entitled to a fee of

(a)  $83.25 when the fees are exigible from a natural person and $85.50 when they are exigible from a legal person for drawing up the minutes of seizure of movable property that the bailiff executed.

The bailiff is also entitled to hourly fees for any period after the first hour the bailiff is present on the premises of the seizure and to travelling fees to travel to the place where the property to be seized is kept, if the place is different from the place the notice of execution is served on the debtor;

(b)  $41 when the fees are exigible from a natural person and $42.25 when they are exigible from a legal person for drawing up the minutes of a nulla bona;

(c)  $27.75 when the fees are exigible from a natural person and $28.50 when they are exigible from a legal person if the bailiff receives from the debtor full payment of the sums owed, including fees for execution, in a single payment after the filing with the court office of the notice of execution of a seizure but before its execution;

(d)  $41 when the fees are exigible from a natural person and $42.25 when they are exigible from a legal person for the publication in the sales register of a notice of sale pertaining to movable property.

Where the published notice pertains to more than 10 properties or lots of movable property, the bailiff is entitled to an additional fee of $1.40 when the fees are exigible from a natural person and $1.45 when they are exigible from a legal person for each excess property or lot of movable property published in the register;

(e)  $13.30 when the fees are exigible from a natural person and $13.70 when they are exigible from a legal person for the publication in the sales register of a subsequent notice of sale, required under a provision of the Code of Civil Procedure (chapter C-25.01), pertaining to movable property;

(e.1)  $13.30 when the fees are exigible from a natural person and $13.70 when they are exigible from a legal person for the publication of the certificate provided for in article 3069 of the Civil Code;

(f)  $83.25 when the fees are exigible from a natural person and $85.50 when they are exigible from a legal person for the sale of movable property, whether it is by agreement, through a call for tenders or by auction.

Where the sale is through a call for tenders, the bailiff is entitled to hourly fees to allow all tenderers to ascertain the condition of the property to be sold, for a maximum of 3 hours.

The bailiff is also entitled to travelling fees to travel to the location of the property to be sold;

(g)  $27.75 when the fees are exigible from a natural person and $28.50 when they are exigible from a legal person if, although at the location, the bailiff was not able to sell the movable property;

(h)  $21.10 when the fees are exigible from a natural person and $21.70 when they are exigible from a legal person for drawing up a contract of sale of the movable property;

(i)  $41 when the fees are exigible from a natural person and $42.25 when they are exigible from a legal person for filing the bailiff’s report with the court office following the seizure of movable property;

(j)  $27.75 when the fees are exigible from a natural person and $28.50 when they are exigible from a legal person for preparing a collocation scheme and distributing the proceeds of the sale of movable property.

Where the number of persons entitled to the proceeds of the sale exceeds 2 persons, the bailiff is entitled to an additional fee of $21.10 when the fees are exigible from a natural person and $21.70 when they are exigible from a legal person for each additional person;

(k)  $13.30 when the fees are exigible from a natural person and $13.70 when they are exigible from a legal person for search in the register of personal and movable real rights;

(l)  $27.75 when the fees are exigible from a natural person and $28.50 when they are exigible from a legal person for a decision made at the request of a debtor to replace property seized.

The bailiff who must travel to the location to verify the replacement property is also entitled to travelling fees;

(m)  $27.75 when the fees are exigible from a natural person and $28.50 when they are exigible from a legal person for a decision made on the replacement of the custodian of seized property;

(n)  $68.75 when the fees are exigible from a natural person and $70.75 when they are exigible from a legal person for the examination of the property before entrusting it to a new custodian and for drawing up a report ascertaining the state or condition of the property.

The bailiff is also entitled to travelling fees;

(o)  $103 when the fees are exigible from a natural person and $106 when they are exigible from a legal person for the sale of movable property that is perishable, likely to depreciate rapidly or expensive to preserve;

(p)  $21.10 when the fees are exigible from a natural person and $21.70 when they are exigible from a legal person to dispose of property that cannot be sold and whose owner refuses to take possession of the property.

O.C. 1096-2015, s. 33; O.C. 136-2019, s. 10; O.C. 1734-2023, s. 22.

2019-03-21

33. In connection with a seizure pertaining to movable property, a bailiff is entitled to a fee of

(a)  $75 for drawing up the minutes of seizure of movable property that the bailiff executed.

The bailiff is also entitled to hourly fees for any period after the first hour the bailiff is present on the premises of the seizure and to travelling fees to travel to the place where the property to be seized is kept, if the place is different from the place the notice of execution is served on the debtor;

(b)  $37 for drawing up the minutes of a nulla bona;

(c)  $25 if the bailiff receives from the debtor full payment of the sums owed, including fees for execution, in a single payment after the filing with the court office of the notice of execution of a seizure but before its execution;

(d)  $37 for the publication in the sales register of a notice of sale pertaining to movable property.

Where the published notice pertains to more than 10 properties or lots of movable property, the bailiff is entitled to an additional fee of $1.25 for each excess property or lot of movable property published in the register;

(e)  $12 for the publication in the sales register of a subsequent notice of sale, required under a provision of the Code of Civil Procedure (chapter C-25.01), pertaining to movable property;

(e.1)  $12 for the publication of the certificate provided for in article 3069 of the Civil Code;

(f)  $75 for the sale of movable property, whether it is by agreement, through a call for tenders or by auction.

Where the sale is through a call for tenders, the bailiff is entitled to hourly fees to allow all tenderers to ascertain the condition of the property to be sold, for a maximum of 3 hours.

The bailiff is also entitled to travelling fees to travel to the location of the property to be sold;

(g)  $25 if, although at the location, the bailiff was not able to sell the movable property;

(h)  $19 for drawing up a contract of sale of the movable property;

(i)  $37 for filing the bailiff’s report with the court office following the seizure of movable property;

(j)  $25 for preparing a collocation scheme and distributing the proceeds of the sale of movable property.

Where the number of persons entitled to the proceeds of the sale exceeds 2 persons, the bailiff is entitled to an additional fee of $19 for each additional person;

(k)  $12 for search in the register of personal and movable real rights;

(l)  $25 for a decision made at the request of a debtor to replace property seized.

The bailiff who must travel to the location to verify the replacement property is also entitled to travelling fees;

(m)  $25 for a decision made on the replacement of the custodian of seized property;

(n)  $62 for the examination of the property before entrusting it to a new custodian and for drawing up a report ascertaining the state or condition of the property.

The bailiff is also entitled to travelling fees;

(o)  $93 for the sale of movable property that is perishable, likely to depreciate rapidly or expensive to preserve;

(p)  $19 to dispose of property that cannot be sold and whose owner refuses to take possession of the property.

O.C. 1096-2015, s. 33; O.C. 136-2019, s. 10.

2016-01-01

33. In connection with a seizure pertaining to movable property, a bailiff is entitled to a fee of

(a)  $75 for drawing up the minutes of seizure of movable property that the bailiff executed.

The bailiff is also entitled to hourly fees for any period after the first hour the bailiff is present on the premises of the seizure and to travelling fees to travel to the place where the property to be seized is kept, if the place is different from the place the notice of execution is served on the debtor;

(b)  $37 for drawing up the minutes of a nulla bona;

(c)  $25 if the bailiff receives from the debtor full payment of the sums owed, including fees for execution, in a single payment after the filing with the court office of the notice of execution of a seizure but before its execution;

(d)  $37 for the publication in the sales register of a notice of sale pertaining to movable property.

Where the published notice pertains to more than 10 properties or lots of movable property, the bailiff is entitled to an additional fee of $1.25 for each excess property or lot of movable property published in the register;

(e)  $12 for the publication in the sales register of a subsequent notice of sale, required under a provision of the Code of Civil Procedure (chapter C-25.01), pertaining to movable property;

(f)  $75 for the sale of movable property, whether it is by agreement, through a call for tenders or by auction.

Where the sale is through a call for tenders, the bailiff is entitled to hourly fees to allow all tenderers to ascertain the condition of the property to be sold, for a maximum of 3 hours.

The bailiff is also entitled to travelling fees to travel to the location of the property to be sold;

(g)  $25 if, although at the location, the bailiff was not able to sell the movable property;

(h)  $19 for drawing up a contract of sale of the movable property;

(i)  $37 for filing the bailiff’s report with the court office following the seizure of movable property;

(j)  $25 for preparing a collocation scheme and distributing the proceeds of the sale of movable property.

Where the number of persons entitled to the proceeds of the sale exceeds 2 persons, the bailiff is entitled to an additional fee of $19 for each additional person;

(k)  $12 for search in the register of personal and movable real rights;

(l)  $25 for a decision made at the request of a debtor to replace property seized.

The bailiff who must travel to the location to verify the replacement property is also entitled to travelling fees;

(m)  $25 for a decision made on the replacement of the custodian of seized property;

(n)  $62 for the examination of the property before entrusting it to a new custodian and for drawing up a report ascertaining the state or condition of the property.

The bailiff is also entitled to travelling fees;

(o)  $93 for the sale of movable property that is perishable, likely to depreciate rapidly or expensive to preserve;

(p)  $19 to dispose of property that cannot be sold and whose owner refuses to take possession of the property.

O.C. 1096-2015, s. 33.