PROVINCIAL COURT FEES AND COSTS REGULATION

Transcription

1 Province of Alberta PROVINCIAL COURT ACT PROVINCIAL COURT FEES AND COSTS REGULATION Alberta Regulation 18/1991 With amendments up to and including Alberta Regulation 76/2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park Plaza Avenue Edmonton, AB T5K 2P7 Phone: Fax: [email protected] Shop on-line at

2 Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

3 (Consolidated up to 76/2015) ALBERTA REGULATION 18/91 Provincial Court Act PROVINCIAL COURT FEES AND COSTS REGULATION Table of Contents Civil Division 1 Fees payable 1.1 Waiver of fees 1.2 Witness fees 2 Costs payable between parties Criminal Division and Family and Youth Division 3 Fees payable 3.01 Waiver of fees All Divisions 3.1 Fee exemption: peace officers 3.2 Fee exemption: Justice Canada 3.3 Waiver of fees 4 Repeal 5 Coming into force Civil Division Fees payable 1 The fees payable to the clerk of the Court are as follows: (a) for the issuance of a civil claim (i) for claims of $7500 or less $100.00; (ii) for claims exceeding $7500 $200.00; (a.1) for filing a dispute note without a counterclaim $25.00; (a.2) for filing a dispute note with a counterclaim, (i) for counterclaims of $7500 or less $75.00;

4 Section 1.1 PROVINCIAL COURT FEES AND COSTS REGULATION AR 18/91 (ii) for counterclaims exceeding $7500 $125.00; (a.3) for filing a third party claim $50.00; (a.4) for filing an application in the course of an action or proceeding $50.00; (b) for filing a Notice of Application under Part 5 of the Residential Tenancies Act, including the preparation of any order granted by the Court (i) for claims of $7500 or less $100.00; (ii) for claims exceeding $7500 $200.00; (c) for each search of a name, including the inspection of one file $10.00; (d) for each inspection of a file $10.00; (e) for each certification of a document $10.00; (e.1) for certification of one copy of a document at time of filing document no charge; (f) for a copy of a document, per page $1.00; (g) for each transcript and for each additional copy of a transcript of a court proceeding as specified in Schedule B to the Alberta Rules of Court (AR 124/2010). AR 18/91 s1;220/93;47/2002;216/2002;164/2010;71/2015 Waiver of fees 1.1 The clerk of the Court may waive the whole fee or part of the fee payable under section 1(a) to (b) by an individual who the clerk, applying the guidelines (if any) established by the Minister of Justice and Solicitor General, considers is unable to pay that fee. AR 216/2002 s3;71/2015;76/2015 Witness fees 1.2(1) The prescribed fee payable to a witness served a notice to attend a hearing is as follows: (a) for a non-expert witness, per day $10.00; (b) for an expert witness, per day $

5 Section 2 PROVINCIAL COURT FEES AND COSTS REGULATION AR 18/91 (2) The expense payable to a witness for transportation to attend a hearing is as follows: (a) subject to clause (b), using a private motor vehicle, (b) if in a judge s opinion public transportation can be used on a timely basis and an amount should not be paid under clause (a), the amount set out in section 15 of the Public Service Subsistence, Travel and Moving Expenses Regulation; the actual cost of public transportation. AR 139/2008 s2 Costs payable between parties 2 The costs payable as between parties are as follows: (a) - (d) repealed AR 71/2015 s1; (d.1) for fees paid to the clerk under section 1(a) to (d), the amount of the fees actually paid; (e) for service of a civil claim (i) by a private process server (ii) by a method of mailing as designated in the Provincial Court Act (iii) as directed by the Court (f) for conducting a search of any registry maintained by the Government of Canada, the Government of Alberta or a local authority the actual cost to a maximum of $50.00; the actual cost; as fixed by the judge; the actual cost; (g) repealed AR 216/2002 s4; (h) for the prescribed fee paid to a witness to attend a hearing (i) for a non-expert witness, per day $10.00; 3

6 Section 2 PROVINCIAL COURT FEES AND COSTS REGULATION AR 18/91 (ii) for an expert witness, per day $20.00; (i) for the expense paid to a witness for transportation to attend a hearing (i) subject to subclause (ii), using a private motor vehicle, the amount set out in section 15 of the Public Service Subsistence, Travel and Moving Expenses Regulation; (ii) if in a judge s opinion public transportation can be used on a timely basis and an amount should not be paid under subclause (i), the actual cost of public transportation; (j) repealed AR 216/2002 s4; (k) in respect of a default judgment entered by the clerk under section 40(1) of the Provincial Court Act, the costs shall be the actual costs in an amount not exceeding the following: (i), (ii) repealed AR 71/2015 s1; (ii.1) for fees paid to the clerk under section 1(a) to (c), the amount of the fees actually paid; (iii) for service of a civil claim (A) by a private process server (B) by a method of mailing as designated in the Provincial Court Act (C) as directed by the Court the actual cost to a maximum of $50.00; the actual cost; as fixed by the judge; (iv) for conducting a search of any registry maintained by the Government of Canada, 4

7 Section 3 PROVINCIAL COURT FEES AND COSTS REGULATION AR 18/91 the Government of Alberta or a local authority the actual cost; (l) on an application or hearing, payment for additional classes of costs not otherwise specified in clauses (a) to (k) may be awarded, in the judge s discretion. AR 18/91 s2;220/93;251/2001;216/2002;139/2008;71/2015 Criminal Division and Family and Youth Division Fees payable 3 The fees payable to the clerk of the Court are as follows: (a) for filing a claim under the Family Law Act or an application under the Extra-provincial Enforcement of Custody Orders Act $50.00; (a.1) for each search of a name, including the inspection of one file $10.00; (b) for each inspection of a file $10.00; (c) for a copy of a document, per page $1.00; (d) for each certification of a document $ (e) repealed AR 220/93 s4. AR 18/91 s3;220/93;71/2015 Waiver of fees 3.01 The clerk of the Court may waive the whole fee or part of the fee payable under section 3(a) by an individual who the clerk, applying the guidelines, if any, established by the Minister of Justice and Solicitor General, considers is unable to pay that fee. AR 76/2015 s1 All Divisions Fee exemption: peace officers 3.1(1) In this section, peace officer means (a) a member of the Royal Canadian Mounted Police, (b) a member of a municipal police service within the meaning of the Police Act, (c) a special constable within the meaning of the Police Act, 5

8 Section 3.2 PROVINCIAL COURT FEES AND COSTS REGULATION AR 18/91 (d) a person whose legal functions include written authorization to issue violation tickets under Part 2 or 3, or both, of the Provincial Offences Procedure Act, or (e) a person appointed under the regulations under the National Defence Act (Canada) for the purposes of section 156 of that Act. (2) Notwithstanding anything in this Regulation, fees for the search of a name, the inspection of a file or a copy or the certification of a document are not payable by a peace officer when the service in question is required in the execution or discharge of the peace officer s duties. AR 216/2002 s5 Fee exemption: Justice Canada 3.2 Notwithstanding anything in this Regulation, fees for the search of a name, the inspection of a file or a copy or the certification of a document are not payable by an employee of the Department of Justice (Canada) when the service in question is required for the recovery of amounts owing under offences under Acts of the Parliament of Canada. AR 91/2003 s2 Waiver of fees 3.3(1) In this section, (a) certificate means a Legal Aid Certificate issued by the Legal Aid Society of Alberta; (b) document means any document that may be filed or issued for which a fee is payable under section 1(a) to (b) or section 3(a). (2) If requested to file or issue a document, the clerk of the Court must waive the fee otherwise payable if presented with a subsisting certificate issued in respect of the person for whom the document is to be filed or issued. AR76/2015 s1 Repeal 4 The Small Claims Division of the Provincial Court Tariff of Fees Regulation (Alta. Reg. 145/80) is repealed. AR 18/91 s4 Coming into force 5 This Regulation comes into force on February 1, AR 18/91 s5 6

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