B.C. Reg. 261/93
O.C. 1030/93
Deposited July 30, 1993
effective October 1, 1993

Court Rules Act; Small Claims Act

Small Claims 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. 27/2013, March 18, 2013]

Point in Time

Schedule A

[en. B.C. Reg. 74/98; am. B.C. Regs. 10/2003, s. 2; 172/2003, s. 8; 458/2004; 459/2004; 285/2005; 371/2008.]

Fees

You must pay these amounts for the following services:

Registry Services $
1 For filing a notice of claim

(a) for claims up to and including $3 000

(b) for claims over $3 000


100

156
2 For filing a reply, unless the defendant has agreed to pay all of the claim

(a) for claims up to and including $3 000

(b) for claims over $3 000


26

50
3 For filing a counterclaim or a revised reply containing a new counterclaim

(a) for counterclaims up to and including $3 000

(b) for counterclaims over $3 000


100

156
4 For filing a third party notice 25
5 For filing an application for a default order 25
5.1 For returning confirmation of acceptance or refusal of a filing transmitted to a fax filing pilot project registry by fax, by mail or fax 10
5.2 For filing a request for judgment or for dismissal 25
5.3 For filing an application for a mediation compensation order 25
6 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, or

(ii) the party's solicitor
8
6.1 For returning by mail, fax or electronic mail the results of a search of an existing case, the aggregate of the following:

(a) fee for returning the results

(b) cost per page faxed or mailed


10

1
6.2 For accessing from outside the registry, including, without limitation, viewing, printing or downloading, any record 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
7 For copies, per page 1
8 For a certified copy of a record

(a) for 10 pages or less

(b) for each additional page over 10 pages


21

6
9 For a certificate of judgment or any other certificate 30
10 For filing a certified copy of an order

(a) from another registry of the court, except for a Restitution Order made under the Criminal Code

(b) of an arbitrator under the Residential Tenancy Act


21

21
11 For taking or swearing an affidavit for use in the court, except for taking or swearing an affidavit in the course of a person's duties as a peace officer or as an agent or officer of British Columbia or an affidavit of non-compliance under Rule 7 (20)

31
12 For filing the records required for the issue of a garnishing order 40
13 Repealed. [B.C. Reg. 10/2003, s. 2 (c).]  
14 For resetting a trial or hearing with less than 30 days' notice before the date of the proceeding as set on the trial list, unless the matter must be reset due to the unavailability of a judge 100
Sheriff Services
15 For personal service by the sheriff

(a) for receiving, filing, personally serving one person, and returning the document together with a certificate or affidavit of service or attempted service

(b) for each additional person served at the same address

(c) for each additional person served not at the same address


100



20

30
16 For

(a) receiving, filing, serving one person by registered mail and returning the document together with a certificate of service or attempted service

(b) each additional person served by registered mail at the same address




20

10
17 For enforcing orders for seizure and sale

(a) for each 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, after deducting disbursements properly incurred

(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


70

55

10%
18 In lien and recovery actions,

(a) for enforcing a lien other than a repairer's lien, or for recovering goods, if the enforcement or recovery is completely or partly accomplished

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


75

55
19 In respect of items 17 and 18, for each kilometre travelled 0.50
20 For a search, including a certificate of result 5
21 For taking or swearing an affidavit for use in the court, except for taking or swearing an affidavit in the course of a person's duties as a peace officer or as an agent or officer of British Columbia 30
22 All disbursements properly incurred to carry out items 15 to 21  

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. 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.

Despite anything in this Schedule, if, after consultation with the Chief Judge, 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 6, 6.1, 6.2 and 7 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.

Contents  |  Rules 1 to 5  |  Rules 6 to 10.1  |  Rules 11 to 15  |  Rules 16 to 22  |  Schedule A  |  Schedule B  |  Schedules C, D and E