B.C. Reg. 168/2009
O.C. 302/2009
Deposited July 7, 2009
effective July 1, 2010

Court Rules Act

Supreme Court Civil 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, Sch. A, ss. 56 and 57; 65/2013, Sch. A, s. 7.]

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.

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 civil claim or a response to civil 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 124 indicating,

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

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

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 proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66, 67, 70, 85 or 77 of the Legal Profession Act

No fee is payable under this item to file for and obtain a grant of probate or administration if a person dies leaving an estate that does not exceed $25 000 in value
200
2 For filing a counterclaim or a third party notice 200
 
Responding to proceedings
3 Subject to section 2 (2) of this Schedule, for filing a response to civil claim, a response to counterclaim or a response to third party notice 25
 
Application filings
4 For filing any one of the following: 80
  (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;  
  (d) a requisition for a default judgment  
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 case planning conference 80
7 For filing a notice of trial 200
 
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 40
(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  
14 For a search of a record, other than 8
(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  
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 10
(b) cost per page faxed 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


40

6
(b) issuing a certificate of judgment 40
(c) issuing a certificate of pending litigation or other certificate not otherwise provided for 40
(d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page 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, Sch. A, s. 58.]

Fees Payable to the Sheriff

Item Description Fee

($)
1 For service  
  (a) receiving, filing, serving on one person and returning any process together with an affidavit of service or attempted service 100
  (b) each additional party served at the same address 20
  (c) each additional party served not at the same address 30
2 Non-refundable deposit for civil jury trial 1 000
3 For arrest or execution on goods and chattels  
  (a) for every arrest, execution or similar writ or order 120
  (b) for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved 75
  (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 10%
  (ii) if that net sum is more than $10 000 but is less than $100 000 $1 000 plus 2 1/2% on the amount in excess of $10 000
  (iii) if that net sum is $100 000 or over $3 250 plus 1% on the amount in excess of $100 000
  (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
4 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 175
  (b) attending, investigating, inventorying, cataloguing, taking possession, per hour for each sheriff involved 75
5 For sale or possession of land  
  (a) for executing an order for sale or possession of land, in part or in whole 150
  (b) for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved 60
  (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 10%
  (ii) if that net sum is more than $10 000 but is less than $100 0000 $1 000 plus 2 1/2% on the amount in excess of $10 000
  (iii) if that net sum is $100 000 or over $3 250 plus 1% on the amount in excess of $100 000
6 For arrest of ships  
  (a) for every warrant or order to arrest a ship, including release 175
  (b) for attending, investigating, inventorying, cataloguing, taking and maintaining possession, preparing for sale, per hour for each sheriff involved 75
7 For a search made by a sheriff including the certificate of result 10
8 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
9 In respect of each of the foregoing items except item 1, the sheriff must be paid 50¢ for each kilometre traveled  
10 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, Sch. A, ss. 57 and 59; 65/2013, Sch. A, s. 7.]

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 this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under section 66, 67, 70, 85 or 77 of the Legal Profession Act

No fee is payable under this item to file for and obtain a grant of probate or administration if a person dies leaving an estate that does not exceed $25 000 in value
200
2 For filing a counterclaim or a third party notice 200
 
Responding to proceedings
3 Subject to section 2 (2) of Schedule 1, for filing a response to civil claim, a response to counterclaim or a response to third party notice 25
 
Application filings
4 For filing any one of the following: 80
  (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;  
  (d) a requisition for a default judgment  
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 case planning conference 80
7 For filing a notice of trial 200
 
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 40
  (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  
14 For a search of a record, other than 8
  (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  
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 10
(b) cost per page faxed 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


40

6
(b) issuing a certificate of judgment 40
(c) issuing a certificate of pending litigation or other certificate not otherwise provided for 40
(d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page 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]

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