S-33, r. 1 - Tariff of fees for the recording and transcription of depositions of witnesses

À jour au 22 octobre 2020

Ce document a valeur officielle.

chapter S-33, r. 1

Tariff of fees for the recording and transcription of depositions of witnesses

Stenographers’ Act

(chapter S-33, s. 4).

Courts of Justice Act

(chapter T-16, s. 224).

The fees prescribed in the Tariff have been indexed and rounded as of 1 January 2020 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 28 December 2019, page 869. (s. 10)

O.C. 239-2006; I.N. 2019-01-01.

1. This Tariff applies to the recording of depositions by a stenographer in stenotypy, stenography or by means of a device known by the name “stenomask”. It also applies to the recording of depositions by means of sound only or sound and picture recording apparatus where the recording is done by a stenographer.

The Tariff also applies to the transcription of depositions recorded as described in the first paragraph and to depositions recorded by means of sound only or sound and picture recording apparatus supplied by the Ministère de la Justice.

O.C. 239-2006, s. 1.

2. A stenographer is entitled to fees of $85.25 per hour for the recording of depositions. The fees are calculated taking into account any period of time during which the stenographer remains available to record depositions. Any fractions of an hour are calculated in proportion to a full hour. In all cases, a stenographer is entitled to the minimum fees equal to the fees payable for 1 hour.

O.C. 239-2006, s. 2; O.C. 996-2020, s. 1.

3. Depositions must be transcribed as provided in Schedule I.

O.C. 239-2006, s. 3.

4. Subject to sections 5 and 6, a stenographer is entitled to fees of $3.80 per page for the transcription of depositions in the case of an ordinary witness and $4.30 per page in the case of an expert witness. In all cases, a stenographer is entitled to minimum fees of $20.75.

The fees for the transcription of depositions of expert witnesses apply to the transcription of pleadings, the judge’s charges to the jury and judgments.

O.C. 239-2006, s. 4; O.C. 996-2020, s. 2.

5. Subject to section 6, a stenographer is entitled to fees of $4.80 per page for the transcription of depositions when the recording is done by means of sound only or sound and picture recording apparatus supplied by the Ministère de la Justice in the case of an ordinary witness and $5.20 per page in the case of an expert witness.

The fees for the transcription of depositions of expert witnesses apply to the transcription of depositions of witnesses assisted by an interpreter and to the transcription of pleadings, the judge’s charges to the jury and judgments.

Where a stenographer must listen to a recording filed before the court for the transcription, the stenographer is also entitled to fees of $85.25 per hour in proportion to the duration of the recording. The duration is calculated on the basis of the minutes of the hearing.

O.C. 239-2006, s. 5; O.C. 996-2020, s. 3.

6. When a transcription is required within 5 working days, a stenographer is entitled to one and one-half times the amount of fees provided for in section 4 or 5, as the case may be.

When a transcription is required within 24 hours of the recording of depositions, a stenographer is entitled to twice the amount of fees provided for in section 4 or 5, as the case may be.

O.C. 239-2006, s. 6.

7. A stenographer is entitled to fees of $2.50 for the preparation of each of the following when they are required:

(1)  a title page;

(2)  a table of contents;

(3)  a list of exhibits;

(4)  a list of witnesses;

(5)  a list of objections; and

(6)  a list of commitments.

O.C. 239-2006, s. 7; O.C. 996-2020, s. 4.

8. A person who pays transcription fees may obtain a copy of the transcription, in addition to the original, at a cost of $0.40 per page. The person may also obtain a copy of the transcription in an information technology-based medium at a cost of $15 per unit.

Any other person may obtain a copy of a transcription at a cost of $18.30 plus $0.75 per page beginning with the twenty-sixth page. On payment of the cost, the person may also obtain a copy of the transcription in an information technology-based medium at a cost of $15 per unit.

O.C. 239-2006, s. 8; O.C. 996-2020, s. 5.

9. Nothing in this Tariff prevents an agreement between a stenographer and the party retaining the services of the stenographer that relates to travel expenses, the retaining of services or any services not referred to in this Tariff. The amounts paid to stenographers pursuant to such an agreement cannot, however, be claimed from the opposing party.

O.C. 239-2006, s. 9; I.N. 2016-01-01 (NCCP).

10. When depositions are recorded by means of sound only or sound and picture recording apparatus supplied by the Ministère de la Justice, the court office fees payable for a recording extract, including the technological medium, are $9.25 and $0.35 per minute beginning with the 26th minute of recording. The duration is calculated on the basis of the minutes of the hearing.

O.C. 239-2006, s. 10; O.C. 996-2020, s. 6.

11. (Revoked).

O.C. 239-2006, s. 11; O.C. 996-2020, s. 7.

12. This Tariff replaces the Regulation respecting the tariff of fees for the taking down and transcription of depositions of witnesses (O.C. 2253-83, 83-11-01).

O.C. 239-2006, s. 12.

13. (Omitted).

O.C. 239-2006, s. 13.

SCHEDULE I

(s. 3)

DESCRIPTION OF A STANDARD PAGE OF TRANSCRIPTION

(1) The transcription of depositions must be on Bond quality paper measuring 21.5 cm x 28 cm and weighing 60 or 75 g per square metre.

(2) Only one side of the sheet is to be used.

(3) A standard page of transcription must have one margin on the left-hand side measuring approximately 44 mm and one margin on the right-hand side measuring approximately 16 mm denoted by a vertical line and 25 double-spaced lines numbered consecutively in the left-hand or right-hand margin.

(4) The transcription of depositions must start at the right of the left-hand side vertical line and extend for 14 cm except for the last line of the deposition or where the meaning calls for a new line.

(5) A line of text is made up of words in 12-point type corresponding to “Courier” or “Courier New” type or the equivalent.

(6) The record number and the date of the examination are to be written in the space between the upper left corner of the page and the first line.

The name of the person examined is to be written in the space between the upper right corner of the page and the first line. Under the name of the person examined, the stenographer must specify whether it is an examination, a re-examination or a cross-examination and write the name of the examining party.

The pages are to be numbered consecutively. The page number must appear in the space before the first line or after the last line of the transcription.

(7) Questions are to be preceded by the letter Q and answers by the letter A.

O.C. 239-2006, Sch. I.

TRANSITIONAL

2020

(O.C. 996-2020) SECTION 8. The fees and costs provided for in sections 4, 5, 7 and 8 of the Tariff, as amended by sections 2 to 5 of this Regulation, apply to transcriptions requested as of 22 October 2020.

REFERENCES

O.C. 239-2006, 2006 G.O. 2, 1234

O.C. 996-2020, 2020 G.O. 2, 2791