Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
B.C. Reg. 168/2009
O.C. 302/2009
Deposited July 7, 2009
effective July 1, 2010
This consolidation is current to July 18, 2017.
Link to Point in Time

Court Rules Act

Supreme Court Civil Rules

[includes amendments up to B.C. Reg. 3/2016, July 1, 2016]

Appendix C — Fees

Schedule 1

[am. B.C. Regs. 119/2010, Sch. A, ss. 56 and 57; 65/2013, Sch. A, s. 7; 149/2013, s.17; 90/2014, Sch. 1, s. 3.]

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
ItemDescriptionFee
($)
Commencing proceedings
1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8), an application under section 66, 67, 70, 77 or 85 of the Legal Profession Act or under Rule 20-6 (3)
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
2For filing a counterclaim or a third party notice200
 
Responding to proceedings
3Subject to section 2 (2) of this Schedule, for filing a response to civil claim, a response to counterclaim or a response to third party notice25
 
Application filings
4For 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, including a requisition filed under Rule 20-6 (3); 
 (d) a requisition for a default judgment 
5For 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
6For filing a notice of case planning conference80
7For filing a notice of trial200
 
Hearings
8For resetting a trial or hearing200
9For 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 partyFor the first 3 days: 0
For each of the 4th to 10th days: 500
For each day over 10: 800
10For 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 partyFor the first 3 days: 0
For each of the 4th to 10th days: 500
For each day over 10: 800
 
Room rentals
11For rental of examination for discovery room100 per day
 
Execution
12For filing a notice of dispute, a garnishing order, a writ of execution or a subpoena to debtor80
 
Documents
13For taking or swearing an affidavit for use in the court unless40
(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 
14For a search of a record, other than8
(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 
15For 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 results10
(b) cost per page faxed1
16For 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 query6
17For accessing any document referred to in Item 16 and purchasing that document10
18For copies, per page1
19For 
(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 judgment40
(c) issuing a certificate of pending litigation or other certificate not otherwise provided for40
(d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page4
20For returning by mail or by fax a confirmation of filing or rejection of a document submitted by fax to a registry10

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

ItemDescriptionFee
($)
1For service 
 (a) receiving, filing, serving on one person and returning any process together with an affidavit of service or attempted service100
 (b) each additional party served at the same address20
 (c) each additional party served not at the same address30
2Non-refundable deposit for civil jury trial1 000
3For arrest or execution on goods and chattels 
 (a) for every arrest, execution or similar writ or order120
 (b) for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved75
 (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 less10%
 (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 
4For 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 part175
 (b) attending, investigating, inventorying, cataloguing, taking possession, per hour for each sheriff involved75
5For sale or possession of land 
 (a) for executing an order for sale or possession of land, in part or in whole150
 (b) for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved60
 (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 less10%
 (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
6For arrest of ships 
 (a) for every warrant or order to arrest a ship, including release175
 (b) for attending, investigating, inventorying, cataloguing, taking and maintaining possession, preparing for sale, per hour for each sheriff involved75
7For a search made by a sheriff including the certificate of result10
8For 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 government30
9In respect of each of the foregoing items except Item 1, the sheriff must be paid 50¢ for each km traveled 
10For 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; 149/2013, s. 17; 90/2014, Sch. 1, s. 3.]

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.

ItemDescriptionFee
($)
Commencing proceedings
1Subject to section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8), an application under section 66, 67, 70, 77 or 85 of the Legal Profession Act or under Rule 20-6 (3)
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
2For filing a counterclaim or a third party notice200
 
Responding to proceedings
3Subject to section 2 (2) of Schedule 1, for filing a response to civil claim, a response to counterclaim or a response to third party notice25
 
Application filings
4For 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, including a requisition filed under Rule 20-6 (3); 
 (d) a requisition for a default judgment 
5For 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
6For filing a notice of case planning conference80
7For filing a notice of trial200
 
Hearings
8For resetting a trial or hearing200
9For 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 partyFor the first 3 days: 0
For each of the 4th to 10th days: 500
For each day over 10: 800
10For 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 partyFor the first 3 days: 0
For each of the 4th to 10th days: 500
For each day over 10: 800
 
Room rentals
11For rental of examination for discovery room100 per day
 
Execution
12For filing a notice of dispute, a garnishing order, a writ of execution or a subpoena to debtor80
 
Documents
13For taking or swearing an affidavit for use in the court unless40
 (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 
14For a search of a record, other than8
 (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 
15For 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 results10
(b) cost per page faxed1
16For 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 query6
17For accessing any document referred to in Item 16 and purchasing that document10
18For copies, per page1
19For 
(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 judgment40
(c) issuing a certificate of pending litigation or other certificate not otherwise provided for40
(d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page4
20For returning by mail or by fax a confirmation of filing or rejection of a document submitted by fax to a registry10

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.

[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 20 | Parts 21 to 24 | Part 25 | Appendix A | Appendix A.1 | Appendix B | Appendix C