C-25.01 - Code of Civil Procedure

Section 570 Disposition versions

2024-03-28

570. The Government, by regulation, may establish

(1)  a tariff of court costs and fees for the filing or presentation of applications and pleadings under this Title and for the execution of judgments, as well as a tariff of professional fees payable to bailiffs by debtors;

(1.1)  rules specifying, notwithstanding the principles of Title I of Book I and of Book VII, the cases where mediation is mandatory and where arbitration is offered to the parties as well as the other terms and conditions applicable to mediation or arbitration including, in the latter case, those relating to the parties’ consent to resort to it;

(1.2)  which bodies, persons or associations may certify mediators or arbitrators, the conditions with which they must comply in order to do so, as well as the conditions mediators or arbitrators must satisfy to be certified;

(2)  a tariff of professional fees payable to certified mediators or arbitrators, and the maximum number of sessions for which a mediator or an arbitrator may be paid fees in relation to the same application; and

(3)  special rules and obligations with which certified mediators or arbitrators must comply in the exercise of their functions, as well as the sanctions applicable for non-compliance.

Mediation cannot be mandatory where one of the parties files with the court office a certificate confirming that they have gone to an assistance organization for persons who are victims that is recognized by the Minister of Justice for help as a person who is a victim of domestic or sexual violence on the part of the other party. That certificate is confidential.

The Minister of Justice determines, by order published in the Gazette officielle du Québec, the districts in which mediation is mandatory and those in which arbitration is offered to the parties.

2014, c. 1, a. 570; 2023, c. 3, s. 16; 2024, c. 7, s. 11.

2023-11-23

570. The Government, by regulation, may establish

(1)  a tariff of court costs and fees for the filing or presentation of applications and pleadings under this Title and for the execution of judgments, as well as a tariff of professional fees payable to bailiffs by debtors;

(1.1)  rules specifying any matters and districts in which mediation is, notwithstanding the principles of Title I of Book I and of Book VII, mandatory and in which arbitration is offered to the parties as well as the other terms and conditions applicable to mediation or arbitration including, in the latter case, those relating to the parties’ consent to resort to it;

(1.2)  which bodies, persons or associations may certify mediators or arbitrators, the conditions with which they must comply in order to do so, as well as the conditions mediators or arbitrators must satisfy to be certified;

(2)  a tariff of professional fees payable to certified mediators or arbitrators, and the maximum number of sessions for which a mediator or an arbitrator may be paid fees in relation to the same application; and

(3)  special rules and obligations with which certified mediators or arbitrators must comply in the exercise of their functions, as well as the sanctions applicable for non-compliance.

Mediation cannot be mandatory where one of the parties files with the court office a certificate confirming that they have gone to an assistance organization for persons who are victims that is recognized by the Minister of Justice for help as a person who is a victim of domestic or sexual violence on the part of the other party. That certificate is confidential.

2014, c. 1, a. 570; 2023, c. 3, s. 16.

2016-01-01

570. The Government, by regulation, may establish

(1)  a tariff of court costs and fees for the filing or presentation of applications and pleadings under this Title and for the execution of judgments, as well as a tariff of professional fees payable to bailiffs by debtors;

(2)  a tariff of professional fees payable to certified mediators by the mediation service, and the maximum number of sessions for which a mediator may be paid fees in relation to the same application; and

(3)  special rules and obligations with which certified mediators must comply in the exercise of their functions, as well as the sanctions applicable for non-compliance.

2014, c. 1, a. 570.