H-4.1, r. 14 - Tariff of fees and transportation expenses of bailiffs

Full text
SCHEDULE 1
(ss. 1, 3, 4, 5, 7, 7.2, 7.3, 11.1, 11.2, 15, 15.1, 16.1, 16.2, 21 and 22)
TARIFF OF FEES OF BAILIFFS
CHAPTER I
SERVICE
DIVISION I
SERVICE OF PROCEEDINGS
Class 1 Class 2

1. Service of a proceeding introducing a suit, stamped $8 $21
by the office of the competent court or bearing the seal
of the court, and opening the record, whether the
proceedings are commenced by writ, motion, joint factum
or any other deed introducing a suit.

2. Service of a subpoena, notice of hearing, notice of $8 $8
convocation or summons to a juror.

3. Service of a motion or judgment in a matter of $8
tutorship or curatorship, of an order of convocation, a
motion or judgment concerning the rectification of
registers of civil status or proceeding related to any
other non-contentious matter.

4. (Revoked).

5. Service of a proceeding on an advocate in his $8 $8
capacity as attorney.

6. Service of a proceeding related to a record opened $8 $8
by the proceeding introducing a suit and not specifically
provided for in this Tariff.
DIVISION II
SERVICE OF NOTICES, STEPS OR DOCUMENTS
7. Service of a notice, act or document not specifically $8 $8
provided for in this Tariff.
CHAPTER II
RETURNS
8. The drawing-up:

(a) in matters of service, of minutes for absence, for $6 $6
steps taken or for authorization to use a special mode
of service;

(b) in matters of execution, of minutes for absence, $12 $12
for steps taken or for authorization to use a special
mode of execution;

(c) the copy of a certificate of service intended for $6 $6
the registrar for registration in the land register.

9. The drawing-up:

(a) of an affidavit required to support minutes; $6 $6

(b) of a report following receipt of an opposition or $6 $6
notice to stay pursuant to a statute or court order.
CHAPTER III
EXECUTION
DIVISION I
EXECUTION ON A PERSON
10. The execution of a judgment or an order for $46 $72
the performance of any physical act to move a specific
person.

10.1 The acquisition of a warrant for entry in a $12 $12
dwelling.
DIVISION II
EXECUTION OF PROPERTY
§1. Seizure
11. (1) Demand for payment:

(a) not followed by seizure or sale of movable $36 $53
property;

(b) not followed by seizure or sale of immovable $23 $40
property.

(2) Seizure or verification. $46 $72

(3) Nulla bona report in respect of seizable $36 $53
property, including the demand for payment.

(4) Operations respecting the installation and removal
of a device used to immobilize a motor vehicle:

(a) for the execution of a first writ; $146 $146

(b) for any additional writ:

i. execution; $46 $46

ii. service. $8 $8

(5) Operations respecting the immobilization and, not
less than 24 hours after that operation, the towing
away of a motor vehicle:

(a) for the execution of a first writ; $212 $212

(b) for any additional writ:

i. execution; $46 $46

ii. service. $8 $8

(6) Operations respecting the immediate towing away of
a motor vehicle:

(a) for the execution of a first writ; $173 $173

(b) for any additional writ:

i. execution; $46 $46

ii. service. $8 $8

12. (1) The removal of property seized. $10 $20

(2) The opening of doors with or without the $10 $20
removal of property seized.

(3) The placing under lock and key with or without $10 $20
the opening of doors.

(4) the acquisition by the registrar of a certified $29 $29
statement of the rights granted by the debtor and
registered in the register of personal and movable
real rights.

13. (1) Receipt of security upon seizure and deposit $10 $20
with the court.

(2) The application for the appointment of a new $10 $20
guardian provided for in the second paragraph
of article 587 of the Code of Civil Procedure
(chapter C-25).

14. Drawing-up:

(a) of each notice of sale subsequent to the notice $7 $9
forming part of the minutes of seizure in execution or
the notice of sale referred to in article 588 or 592.3
of the Code of Civil Procedure;

(b) of a notice to the first seizing officer provided $7 $9
for in the third paragraph of article 587 of the Code of
Civil Procedure;

(c) of a notice provided for in article 617 of the $7 $9
Code of Civil Procedure or of an attestation provided
for in article 623 of the Code of Civil Procedure;

(d) of a prior notice under article 565 of the Code $7 $9
of Procedure.
§2. Writ possession and sequestration
15. (1) Execution of a writ of possession. $67 $67

(2) Execution of a sequestration of a movable $67 $67
or immovable.

(3) (Paragraph revoked).
§3. Evidence
15.1 For the taking of an official report. $79 $79
CHAPTER IV
SALE
16. The drawing up of public notices to be published in $10 $10
newspapers or to be posted in accordance with the law,
including deposit with the sheriff but excluding
transportation.

17. Judicial sale:

(a) movable, including the demand for payment; $46 $79

(b) immovable, including the demand for payment. $86 $86

17.1 The certificate of sale, where the property sold $23 $23
was charged with a hypothec.

18. Fee to the Société de l’assurance automobile du $18 $18
Québec to issue a new registration certificate including
transportation where the distance between the place of
sale and the Société is less than 8 km.
CHAPTER V
MISCELLANEOUS
19. Cash bids including service. $33 $60

19.1 Drawing up of a scheme of collocation. $46 $46

Apportioning of the proceeds of the sale. $23 $23

19.2 Certification of the authenticity of copy of $3 $3
the minutes of seizure and of a notice of sale
or a scheme of collocation.

20. (a) Transportation fees per kilometre travelled; $0,63/km $0,63/km

(b) Transportation expenses are set at $0.86 per
kilometer.

Those expenses are modified each time that the
compensation provided for in subparagraph b of
paragraph 1 of section 11 of the Directive concernant
les frais de déplacement des personnes engagées à
honoraires par des organismes publics (C.T. 212379
dated 26 March 2013) is modified. The transportation
expenses are then increased or reduced, as the case
may be, by an amount equal to twice the difference
between the new amount of compensation and the previous
amount.

The Minister of Justice is to publish the amount of the
modified expenses in Part 1 of the Gazette officielle du
Québec
and may ensure wider publicity by any other means.

21. The bailiff’s witness where required by law. $14 $14
per hour per hour
22. (Revoked).

23. (1) In the cases specified in Chapter II $58 $58
and IV, the bailiff is entitled to the fees per hour per hour
prescribed for the tariff per hour, starting from
the second hour, and each fraction of an additional
hour is calculated in proportion to the complete hour.

(2) In the cases specified in Chapter I, where the $58 $58
delays for prescription, the distance or circumstances per hour per hour
require, the bailiff is entitled to the fees
prescribed for the tariff per hour, starting from the
second half-hour of waiting but not exceeding the charge
for an hour and a half, and each fraction of an hour is
calculated in proportion to the complete hour.

24. Certification of the authenticity of the copy $10 $10
of the facsimile of a document sent by fax.
R.R.Q., 1981, c. H-4, r. 3, Sch. 1; O.C. 572-82, s. 1; O.C. 1895-82, s. 3; O.C. 372-84, s. 2; O.C. 819-87, s. 3; O.C. 110-90, s. 2; O.C. 1414-91, ss. 13 to 34; O.C. 915-99, ss. 13 to 38; O.C. 693-2003, s. 1; O.C. 937-2004, s. 1; O.C. 15-2010, ss. 3 and 4; O.C. 570-2014, s. 2.
This Schedule applies only to acts performed after 1 July 1987. It does not apply to an act commenced before 1 July 1987, even if it was completed afterwards.
SCHEDULE 1
(ss. 1, 3, 4, 5, 7, 7.2, 7.3, 11.1, 11.2, 15, 15.1, 16.1, 16.2, 21 and 22)
TARIFF OF FEES OF BAILIFFS
CHAPTER I
SERVICE
DIVISION I
SERVICE OF PROCEEDINGS
Class 1 Class 2

1. Service of a proceeding introducing a suit, stamped $8 $21
by the office of the competent court or bearing the seal
of the court, and opening the record, whether the
proceedings are commenced by writ, motion, joint factum
or any other deed introducing a suit.

2. Service of a subpoena, notice of hearing, notice of $8 $8
convocation or summons to a juror.

3. Service of a motion or judgment in a matter of $8
tutorship or curatorship, of an order of convocation, a
motion or judgment concerning the rectification of
registers of civil status or proceeding related to any
other non-contentious matter.

4. (Revoked).

5. Service of a proceeding on an advocate in his $8 $8
capacity as attorney.

6. Service of a proceeding related to a record opened $8 $8
by the proceeding introducing a suit and not specifically
provided for in this Tariff.
DIVISION II
SERVICE OF NOTICES, STEPS OR DOCUMENTS
7. Service of a notice, act or document not specifically $8 $8
provided for in this Tariff.
CHAPTER II
RETURNS
8. The drawing-up:

(a) in matters of service, of minutes for absence, for $6 $6
steps taken or for authorization to use a special mode
of service;

(b) in matters of execution, of minutes for absence, $12 $12
for steps taken or for authorization to use a special
mode of execution;

(c) the copy of a certificate of service intended for $6 $6
the registrar for registration in the land register.

9. The drawing-up:

(a) of an affidavit required to support minutes; $6 $6

(b) of a report following receipt of an opposition or $6 $6
notice to stay pursuant to a statute or court order.
CHAPTER III
EXECUTION
DIVISION I
EXECUTION ON A PERSON
10. The execution of a judgment or an order for $46 $72
the performance of any physical act to move a specific
person.

10.1 The acquisition of a warrant for entry in a $12 $12
dwelling.
DIVISION II
EXECUTION OF PROPERTY
§1. Seizure
11. (1) Demand for payment:

(a) not followed by seizure or sale of movable $36 $53
property;

(b) not followed by seizure or sale of immovable $23 $40
property.

(2) Seizure or verification. $46 $72

(3) Nulla bona report in respect of seizable $36 $53
property, including the demand for payment.

(4) Operations respecting the installation and removal
of a device used to immobilize a motor vehicle:

(a) for the execution of a first writ; $146 $146

(b) for any additional writ:

i. execution; $46 $46

ii. service. $8 $8

(5) Operations respecting the immobilization and, not
less than 24 hours after that operation, the towing
away of a motor vehicle:

(a) for the execution of a first writ; $212 $212

(b) for any additional writ:

i. execution; $46 $46

ii. service. $8 $8

(6) Operations respecting the immediate towing away of
a motor vehicle:

(a) for the execution of a first writ; $173 $173

(b) for any additional writ:

i. execution; $46 $46

ii. service. $8 $8

12. (1) The removal of property seized. $10 $20

(2) The opening of doors with or without the $10 $20
removal of property seized.

(3) The placing under lock and key with or without $10 $20
the opening of doors.

(4) the acquisition by the registrar of a certified $29 $29
statement of the rights granted by the debtor and
registered in the register of personal and movable
real rights.

13. (1) Receipt of security upon seizure and deposit $10 $20
with the court.

(2) The application for the appointment of a new $10 $20
guardian provided for in the second paragraph
of article 587 of the Code of Civil Procedure
(chapter C-25).

14. Drawing-up:

(a) of each notice of sale subsequent to the notice $7 $9
forming part of the minutes of seizure in execution or
the notice of sale referred to in article 588 or 592.3
of the Code of Civil Procedure;

(b) of a notice to the first seizing officer provided $7 $9
for in the third paragraph of article 587 of the Code of
Civil Procedure;

(c) of a notice provided for in article 617 of the $7 $9
Code of Civil Procedure or of an attestation provided
for in article 623 of the Code of Civil Procedure;

(d) of a prior notice under article 565 of the Code $7 $9
of Procedure.
§2. Writ possession and sequestration
15. (1) Execution of a writ of possession. $67 $67

(2) Execution of a sequestration of a movable $67 $67
or immovable.

(3) (Paragraph revoked).
§3. Evidence
15.1 For the taking of an official report. $79 $79
CHAPTER IV
SALE
16. The drawing up of public notices to be published in $10 $10
newspapers or to be posted in accordance with the law,
including deposit with the sheriff but excluding
transportation.

17. Judicial sale:

(a) movable, including the demand for payment; $46 $79

(b) immovable, including the demand for payment. $86 $86

17.1 The certificate of sale, where the property sold $23 $23
was charged with a hypothec.

18. Fee to the Société de l’assurance automobile du $18 $18
Québec to issue a new registration certificate including
transportation where the distance between the place of
sale and the Société is less than 8 km.
CHAPTER V
MISCELLANEOUS
19. Cash bids including service. $33 $60

19.1 Drawing up of a scheme of collocation. $46 $46

Apportioning of the proceeds of the sale. $23 $23

19.2 Certification of the authenticity of copy of $3 $3
the minutes of seizure and of a notice of sale
or a scheme of collocation.

20. (a) Transportation fees per kilometre travelled; $0,63/km $0,63/km

(b) Transportation expenses are equal to double the
amount prescribed per kilometre travelled as compensation
for the use of a personal automobile under the Directive
concernant les frais de déplacement des personnes engagées
à honoraires par des organismes publics (C.T. 212379; 2013-03-26)

21. The bailiff’s witness where required by law. $14 $14
per hour per hour
22. (Revoked).

23. (1) In the cases specified in Chapter II $58 $58
and IV, the bailiff is entitled to the fees per hour per hour
prescribed for the tariff per hour, starting from
the second hour, and each fraction of an additional
hour is calculated in proportion to the complete hour.

(2) In the cases specified in Chapter I, where the $58 $58
delays for prescription, the distance or circumstances per hour per hour
require, the bailiff is entitled to the fees
prescribed for the tariff per hour, starting from the
second half-hour of waiting but not exceeding the charge
for an hour and a half, and each fraction of an hour is
calculated in proportion to the complete hour.

24. Certification of the authenticity of the copy $10 $10
of the facsimile of a document sent by fax.
R.R.Q., 1981, c. H-4, r. 3, Sch. 1; O.C. 572-82, s. 1; O.C. 1895-82, s. 3; O.C. 372-84, s. 2; O.C. 819-87, s. 3; O.C. 110-90, s. 2; O.C. 1414-91, ss. 13 to 34; O.C. 915-99, ss. 13 to 38; O.C. 693-2003, s. 1; O.C. 937-2004, s. 1; O.C. 15-2010, ss. 3 and 4.
This Schedule applies only to acts performed after 1 July 1987. It does not apply to an act commenced before 1 July 1987, even if it was completed afterwards.