B.C. Reg. 169/2009
O.C. 303/2009
Deposited July 7, 2009
effective July 1, 2010

Court Rules Act

Supreme Court Family Rules

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 92/2013, July 1, 2013]

Point in Time

Appendix C — Fees

Schedule 1

[am. B.C. Regs. 119/2010, ss. 46 to 48; 95/2011, Sch. B, ss. 22 and 23; 27/2013, Sch. 2, s. 16; 65/2013, Sch. B, s. 8; 68/2013.]

Fees Payable to the Crown

(Unless otherwise provided by statute)

Definitions

1  In this Schedule:

"Item" means an Item in the table to this Schedule;

"qualified mediator" means a person who is

(a) a member of the Family Roster of Mediate BC Society,

(b) a Family Mediation Canada Certified Family Mediator, or

(c) a person designated by the Ministry of Justice as a Family Justice Counsellor.

Amount payable

2  (1) Subject to subsection (2), for any Item, there must be paid to the government

(a) the fee shown in the table to this Schedule as being applicable to that Item, or

(b) if Part 1 of the table to this Schedule is amended under section 2 (4) of Schedule 4 of this Appendix C, the fee shown as being applicable to that Item in the table most recently published under section 2 (3) (b) of Schedule 4.

(2) A person filing a notice of family claim or a response to family claim need not pay the fee applicable to that filing if, at the time of filing, the person provides to the registry a certificate of mediation in Form F100 indicating that the mediator is a qualified mediator and,

(a) if the filing party is a named claimant, that that party or that party's representative engaged in mediation with one or more of the named respondents or a representative for one or more of the named respondents,

(b) if the filing party is a named respondent, that that party or that party's representative engaged in mediation with one or more of the named claimants or a representative for one or more of the named claimants, or

(c) that the mediator determined that it was not appropriate for the parties to engage in mediation and so advised those parties.

Electronic filing fee

3  (1) In addition to any other fees payable under this Schedule, a further fee of $7.00 must be paid for transmitting a document package to a registry through the electronic filing service of Court Services Online.

(2) For the purposes of this provision, a "document package" is any document or, if a group of documents is transmitted at one time in relation to the same court file, that group of documents.

Fees Applicable to the Supreme Court
Item Description Fee

($)
Commencing proceedings
1 Subject to section 2 (2) of this Schedule, for commencing a family law case in the Supreme Court that is not an appeal under Rule 22-7 (8) 200
2 For filing a counterclaim 200
Responding to proceedings
3 Subject to section 2 (2) of this Schedule, for filing a response to family claim or a response to counterclaim 25
 
Application filings
4 For filing any one of the following:

    (a)  a notice of application;

    (b)  an appointment for a hearing before a registrar or a special referee but not including a hearing, inquiry or reference under the Court Order Enforcement Act;

    (c)  a requisition for a desk order

80
5 For setting a matter for hearing for which a fee is not payable under this Schedule

No fee is payable under this item to set a matter for hearing by notice of hearing of petition, notice of hearing of appeal or notice of hearing of stated case
80
Other filings
6 For filing a notice of judicial case conference 80
7 For filing a notice of trial 200
7.1 For filing a written agreement under Rule 2-1, whether or not that filing starts a family law case 30
7.2 For filing a determination of a parenting coordinator under Rule 2-1.1 30
 
Hearings
8 For resetting a trial or hearing 200
9 For each day spent in whole or in part at a hearing, unless the attendance on that day is for reasons for decision only, payable by the party who files the notice of application, appointment or other document by which the hearing was set, unless the court orders payment by another party For the first 3 days: 0

For each of the 4th to 10th days: 500



For each day over 10: 800
10 For each day spent in whole or in part at trial, unless the attendance on that day is for judgment only, payable by the party who files the notice of trial, unless the court orders payment by another party For the first 3 days: 0

For each of the 4th to 10th days: 500



For each day over 10: 800
 
Room Rentals
11 For rental of examination for discovery room 100 per day
 
Execution
12 For filing a caveat, a citation, a garnishing order, a writ of execution or a subpoena to debtor 80
 
Documents
13 For taking or swearing an affidavit for use in the court unless

    (a)  the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government, or

    (b)  provision is made elsewhere for a fee for that service

40
14 For a search of a record, other than

    (a)  an electronic search conducted from outside the registry, or

    (b)  a search of a record of a proceeding by

      (i)  a party to that proceeding,

      (ii)  a party's lawyer, or

      (iii)  an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding

8
15 For returning by mail, fax or electronic mail the results of a search of a record, the aggregate of the following:

(a) fee for returning the results

(b) cost per page faxed


10

1
16 For accessing, without purchase, from outside the registry, including, without limitation, viewing, printing or downloading, any document that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query 6
17 For accessing any document referred to in Item 16 and purchasing that document 10
18 For copies, per page 1
19 For

    (a) a certified copy of a document

(i) for 10 pages or less

(ii) for each additional page over 10 pages, per page

     (b) issuing a certificate of judgment

    (c) issuing a certificate of pending litigation or other certificate not otherwise provided for, other than a certificate in Form F36

    (d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page




40

6

40

40

4
20 For returning by mail or by fax a confirmation of filing or rejection of a document submitted by fax to a registry 10

Despite anything in this Schedule, if, after consultation with the Chief Justice, the Crown enters into an agreement with a person under which the person is authorized to access one or both of registry records and specified registry services and is exempted from payment of any or all of the fees provided under Items 14, 15, 16, 17 and 18 for such access, the person may, on payment of any fee required under the agreement and on compliance with any other terms and conditions imposed by the agreement, access, during the term of the agreement, the registry records and registry services to which the agreement applies without payment of the fees from which the person is exempted under the agreement.

Schedule 2

[am. B.C. Reg. 119/2010, s. 49.]

Fees Payable to the Sheriff

Item   $
1 For service

    (a)  receiving, filing, serving on one person and returning any process together with an affidavit of service or attempted service

    (b)  each additional party served at the same address

    (c)  each additional party served not at the same address


100

20



30
2 For arrest or execution on goods and chattels

    (a)  for every arrest, execution or similar writ or order

    (b)  for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved

    (c)  as commission on the sum realized, or on the sum settled for, as the case may be, net of disbursements properly incurred

      (i)  if that net sum is $10 000 or less

      (ii)  if that net sum is more than $10 000 but is less than $100 000





      (iii)  if that net sum is $100 000 or over





(d) the amount of the commission payable under paragraph (c) must be reduced by 50% if an auctioneer, broker or other individual sells the goods and chattels for the sheriff and receives a fee or commission for doing so



120

75







10%

$1 000 plus 2 1/2% on the amount in excess of $10 000

$3 250 plus 1% on the amount in excess of $100 000
3 For lien and recovery actions

    (a)  executing a lien other than a repairer's lien or for recovering specific property other than land if the execution or recovery is accomplished in whole or in part

    (b)  attending, investigating, inventorying, cataloguing, taking possession, per hour for each sheriff involved



175





75
4 For sale or possession of land

    (a)  for executing an order for sale or possession of land, in part or in whole

    (b)  for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved

    (c)  as commission on the sum realized, or on the sum settled for, as the case may be, net of disbursements properly incurred

      (i)  if that net sum is $10 000 or less

      (ii)  if that net sum is more than $10 000 but is less than $100 0000





      (iii)  if that net sum is $100 000 or over


150



60







10%

$1 000 plus 2 1/2% on the amount in excess of $10 000

$3 250 plus 1% on the amount in excess of $100 000
5 For arrest of ships

    (a)  for every warrant or order to arrest a ship, including release

    (b)  for attending, investigating, inventorying, cataloguing, taking and maintaining possession, preparing for sale, per hour for each sheriff involved



175

75
6 For a search made by a sheriff including the certificate of result 10
7 For taking or swearing an affidavit for use in the court unless the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government 30
8 In respect of each of the foregoing items except item 1, the sheriff must be paid 50¢ for each kilometre traveled  
9 For each of the foregoing items, all disbursements properly incurred  

Schedule 3

Fees Payable to Witnesses

In all cases in which a witness is required to attend an examination, hearing or trial, the following daily witness fees and fees for travel, meals and preparation are payable, and must, unless otherwise ordered, be tendered in advance by the party requiring the attendance of the witness:

Daily witness fee

1  (1) For any witness, other than a party or a present officer, director or partner of a party to a proceeding, for each day or part of a day, a daily witness fee of $20.

(2) A witness who is a party or a present officer, director or partner of a party to the proceeding is not entitled to a daily witness fee.

Travel

2  (1) For any witness, if the examination, hearing or trial is held at a place

(a) within 200 km by road (including any ferry route within the Provincial road system) of where the witness resides, 30¢ per km each way by road between his or her residence and the place of examination, hearing or trial; but no travel allowance will be made if the distance by road between that residence and the place of examination, hearing or trial is less than 8 km., or

(b) more than 200 km from where the witness resides, the minimum return air fare by scheduled airline plus 30¢ per km each way from his or her residence to the departure airport and from the arrival airport to the place of examination, hearing or trial.

(2) The allowance described in subsection (1) (a) includes ferry fares and road tolls.

Allowances

3  For any witness, a reasonable allowance for meal expenses made necessary by the witness' attendance, and if the witness resides elsewhere than the place of examination, hearing or trial and is required to remain overnight, a reasonable allowance for overnight accommodation.

Preparation

4  For any witness other than a party or a present officer, director or partner of a party to a proceeding, a reasonable sum must be allowed for the time employed and expenses incurred by the witness in preparing to give evidence, when that preparation is necessary.

Schedule 4

[am. B.C. Regs. 119/2010, ss. 48 and 50; 95/2011, Sch. B, s. 23; 65/2013, Sch. B, s. 8; 68/2013.]

Fee Calculations

Definitions

1  In this Schedule:

"actual fee", in relation to an Item, means the actual fee applicable to that Item determined under section 2;

"base CPI" means the number recorded as the "All-items Index" for British Columbia for April 2010 in the publication prepared for April 2010 under the Statistics Act by the director;

"base fee", in relation to an Item, means the fee shown in the table to this Schedule as being applicable to that Item;

"current CPI", in relation to any year in which a calculation of actual fees is to be made under section 2, means the number recorded as the "All-items Index" for British Columbia for April of that year in the publication prepared for that year under the Statistics Act by the director;

"director" has the same meaning as in the Statistics Act;

"Item" means an Item in the table to this Schedule.

Calculation of actual fee

2  (1) Until Part 1 of the table to Schedule 1 is amended under this section, the actual fee applicable to an Item is the fee shown for that Item in the table to this Schedule.

(2) In 2012, and in every second year after that, the actual fee applicable to an Item must be recalculated as follows:

(a) a preliminary fee must be determined for the Item in accordance with the following formula:

preliminary fee = base fee X (current CPI/base CPI):

(b) the actual fee applicable to the Item is the preliminary fee determined for that Item under paragraph (a) rounded as follows:

(i)   if the base fee applicable to the Item is less than or equal to $10, the actual fee applicable to the Item is the preliminary fee for the Item rounded to the nearest $1;

(ii)   if the base fee applicable to the Item is greater than $10 but less than $100, the actual fee applicable to the Item is the preliminary fee for the Item rounded to the nearest $5;

(iii)   if the base fee applicable to the Item is $100 or more, the actual fee applicable to the Item is the preliminary fee for the Item rounded to the nearest $10.

(3) If, as a result of the recalculation referred to in subsection (2), there is a change to the actual fee applicable to one or more Items, the minister may notify the Registrar of Regulations of that change and the Registrar of Regulations may

(a) amend Part 1 of the table to Schedule 1 to reflect the change of which notice was given under this subsection, and

(b) publish in Part 2 of the Gazette the amended table.

(4) On the date that is 7 days after the date on which an amended table is published under subsection (3) (b) in Part 2 of the Gazette, Part 1 of the table to Schedule 1 is amended accordingly.

Item Description Fee

($)
Commencing proceedings
1 Subject to section 2 (2) of Schedule 1, for commencing a family law case in the Supreme Court that is not an appeal under Rule 22-7 (8) 200
2 For filing a counterclaim 200
Responding to proceedings
3 Subject to section 2 (2) of Schedule 1, for filing a response to family claim or a response to counterclaim 25
 
Application filings
4 For filing any one of the following:

    (a)  a notice of application;

    (b) an appointment for a hearing before a registrar or a special referee but not including a hearing, inquiry or reference under the Court Order Enforcement Act;  

    (c)  a requisition for a desk order

80
5 For setting a matter for hearing for which a fee is not payable under this Schedule

No fee is payable under this item to set a matter for hearing by notice of hearing of petition, notice of hearing of appeal or notice of hearing of stated case
80
Other filings
6 For filing a notice of judicial case conference 80
7 For filing a notice of trial 200
7.1 For filing a written agreement under Rule 2-1, whether or not that filing starts a family law case 30
7.2 For filing a determination of a parenting coordinator under Rule 2-1.1 30
 
Hearings
8 For resetting a trial or hearing 200
9 For each day spent in whole or in part at a hearing, unless the attendance on that day is for reasons for decision only, payable by the party who files the notice of application, appointment or other document by which the hearing was set, unless the court orders payment by another party For the first 3 days: 0

For each of the 4th to 10th days: 500



For each day over 10: 800
10 For each day spent in whole or in part at trial, unless the attendance on that day is for judgment only, payable by the party who files the notice of trial, unless the court orders payment by another party For the first 3 days: 0

For each of the 4th to 10th days: 500



For each day over 10: 800
 
Room Rentals
11 For rental of examination for discovery room 100 per day
 
Execution
12 For filing a caveat, a citation, a garnishing order, a writ of execution or a subpoena to debtor 80
 
Documents
13 For taking or swearing an affidavit for use in the court unless

    (a)  the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government, or

    (b)  provision is made elsewhere for a fee for that service

40
14 For a search of a record, other than

    (a)  an electronic search conducted from outside the registry, or

    (b)  a search of a record of a proceeding by

      (i)  a party to that proceeding,

      (ii)  a party's lawyer, or

      (iii)  an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding

8
15 For returning by mail, fax or electronic mail the results of a search of a record, the aggregate of the following:

(a) fee for returning the results

(b) cost per page faxed


10

1
16 For accessing, without purchase, from outside the registry, including, without limitation, viewing, printing or downloading, any document that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query 6
17 For accessing any document referred to in Item 16 and purchasing that document 10
18 For copies, per page 1
19 For

    (a) a certified copy of a document

 (i) for 10 pages or less

 (ii) for each additional page over 10 pages, per page

    (b) issuing a certificate of judgment

    (c) issuing a certificate of pending litigation or other certificate not otherwise provided for, other than a certificate in Form F36

    (d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page




40

6

40

40

4
20 For returning by mail or by fax a confirmation of filing or rejection of a document submitted by fax to a registry 10

Despite anything in this Schedule, if, after consultation with the Chief Justice, the Crown enters into an agreement with a person under which the person is authorized to access one or both of registry records and specified registry services and is exempted from payment of any or all of the fees provided under Items 14, 15, 16, 17 and 18 for such access, the person may, on payment of any fee required under the agreement and on compliance with any other terms and conditions imposed by the agreement, access, during the term of the agreement, the registry records and registry services to which the agreement applies without payment of the fees from which the person is exempted under the agreement.

Note: this regulation replaces B.C. Reg. 221/90.

[Provisions relevant to the enactment of this regulation: Court Rules Act, R.S.B.C. 1996, c. 80, section 1]

Contents  |  Parts 1 to 9  |  Parts 10 to 14  |  Parts 15 to 23  |  Appendix A  |  Appendix B  |  Appendix C