T-15.01, r. 6 - Tariff of costs exigible by the Administrative Housing Tribunal

À jour au 31 août 2020

Ce document a valeur officielle.

chapter T-15.01, r. 6

Tariff of costs exigible by the Administrative Housing Tribunal

Act respecting the Administrative Housing Tribunal

(chapter T-15.01, s. 108, 1st par., subpar. 4).

The costs prescribed in the Tariff have been indexed as of 1 November 2019 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 24 August 2019, page 543. (s. 1)

The former alphanumerical designation of this Tariff was chapter R-8.1, r. 6.

O.C. 519-97; S.Q. 2019, c. 28, ss. 74 and 158.

DIVISION I COSTS EXIGIBLE BY THE ADMINISTRATIVE HOUSING TRIBUNAL

1. For the filing of the proceedings below, the costs exigible are established as follows:

(1)  $78 for an application other than the applications referred to in paragraphs 2 and 3;

(2)  for an application for a ruling on a change in a lease, for the fixing, revision or a decrease of rent, for contesting an adjustment or re-establishment of rent, for the review of a decision of the court or for an application including a decrease in rent:

$49, where the rent is $350 or less;

$60, where the rent is more than $350 but not more than $600;

$78, where the rent is more than $600;

(3)  $193 for an application for authorization to convert an immovable to divided co-ownership, to which $193 shall be added per dwelling starting with the second dwelling;

(4)  $40 for replacing on the roll a case struck off the roll or for an application to reopen a hearing.

O.C. 519-97, s. 1; S.Q. 2019, c. 28, s. 109.

2. From 1997, the costs provided for in section 1 shall be indexed on 1 November of each year on the basis of the rate of variation in the general Consumer Price Index for Canada, as determined by Statistics Canada under the Statistics Act (R.S.C. 1985, c. S-19), calculated on the basis of the average of the indexes for the preceding 12 months.

The indexed amounts shall be reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they shall be increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50.

The Administrative Housing Tribunal shall inform the public of the annual indexing calculated under this section. It shall do so through the Gazette officielle du Québec and, where the Tribunal considers it appropriate, by any other means.

O.C. 519-97, s. 2.

3. The costs provided for in section 1 are payable upon the filing of the proceeding, in cash, by certified cheque, by postal money order or by another instrument of payment providing the same guarantees, made out to the Minister of Finance.

O.C. 519-97, s. 3.

4. Any person who proves that he receives financial support under a last resort financial assistance program provided for in the Individual and Family Assistance Act (chapter A-13.1.1) shall be exempted from paying costs.

O.C. 519-97, s. 4.

5. The Tribunal shall reimburse the costs paid for filing where it grants:

(1)  an application for the correction of a decision;

(2)  an application for revocation of a decision made under the second paragraph of section 89 of the Act respecting the Administrative Housing Tribunal (chapter T-15.01).

O.C. 519-97, s. 5; I.N. 2016-01-01 (NCCP).

6. Costs of 3.8% shall be exigible and shall be collected by the Tribunal at the time of deposit, from the rents deposited at its office.

O.C. 519-97, s. 6.

DIVISION II COSTS EXIGIBLE FOR NOTIFICATION OR SERVICE OF CERTAIN PROCEEDINGS

I.N. 2016-01-01 (NCCP).

7. Pursuant to section 79.1 of the Act respecting the Administrative Housing Tribunal (chapter T-15.01), the costs incurred by the applicant for notification or service of a proceeding to or on each party may be adjudged up to

(1)  the rate set by the Special Services and Fees Regulations (C.R.C., c. 1296), for notification by registered mail;

(2)  the fees provided for in the Tariff of fees of court bailiffs (chapter H-4.1, r. 13.1), excluding transportation expenses, for service by a bailiff;

(3)  an amount of $7, for any other mode of notification.

In addition to the costs provided for in the first paragraph, where a new service proves to be necessary, the costs incurred may be adjudged up to the fees provided for in the Tariff of fees of court bailiffs, including transportation expenses.

In addition to the costs provided for in the first paragraph, where a special mode of notification is authorized by the Tribunal, the costs incurred may be adjudged up to an amount of $100.

O.C. 519-97, s. 7; O.C. 516-2011, s. 1; I.N. 2016-01-01 (NCCP).

8. This Regulation replaces the Regulation respecting fees payable to the Régie du logement (O.C. 630-82, 82-03-17).

O.C. 519-97, s. 8.

9. (Omitted).

O.C. 519-97, s. 9.

REFERENCES

O.C. 519-97, 1997 G.O. 2, 1813

O.C. 516-2011, 2011 G.O. 2, 1239

S.Q. 2019, c. 28, ss. 74, 109 and 158