Province of Alberta
PROVINCIAL COURT ACT
PROVINCIAL COURT FEES AND
COSTS REGULATION
Alberta Regulation 18/1991
With amendments up to and including Alberta Regulation 76/2015
Office Consolidation
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(Consolidated up to 76/2015)
ALBERTA REGULATION 18/91
Provincial Court Act
PROVINCIAL COURT FEES AND COSTS REGULATION
Table of Contents
Civil Division
1
1.1
1.2
2
Fees payable
Waiver of fees
Witness fees
Costs payable between parties
Criminal Division and Family
and Youth Division
3
3.01
Fees payable
Waiver of fees
All Divisions
3.1
3.2
3.3
4
5
Fee exemption: peace officers
Fee exemption: Justice Canada
Waiver of fees
Repeal
Coming into force
Civil Division
Fees payable
1 The fees payable to the clerk of the Court are as follows:
(a) for the issuance of a civil claim
(i) for claims of $7500 or less
$100.00;
(ii) for claims exceeding $7500
$200.00;
(a.1) for filing a dispute note without a counterclaim
$25.00;
(a.2) for filing a dispute note with a counterclaim,
(i) for counterclaims of $7500 or less
$75.00;
Section 1.1
PROVINCIAL COURT FEES AND COSTS REGULATION
(ii) for counterclaims exceeding $7500
AR 18/91
$125.00;
(a.3) for filing a third party claim
$50.00;
(a.4) for filing an application in the
course of an action or proceeding
$50.00;
(b) for filing a Notice of Application
under Part 5 of the Residential
Tenancies Act, including the preparation
of any order granted by the Court
(i) for claims of $7500 or less
$100.00;
(ii) for claims exceeding $7500
$200.00;
(c) for each search of a name, including
the inspection of one file
$10.00;
(d) for each inspection of a file
$10.00;
(e) for each certification of a document
$10.00;
(e.1) for certification of one copy of a
document at time of filing document
(f) for a copy of a document, per page
(g) for each transcript and for each
additional copy of a transcript of
a court proceeding
no charge;
$1.00;
as specified
in Schedule
B to the
Alberta Rules
of Court
(AR 124/2010).
AR 18/91 s1;220/93;47/2002;216/2002;164/2010;71/2015
Waiver of fees
1.1 The clerk of the Court may waive the whole fee or part of the
fee payable under section 1(a) to (b) by an individual who the
clerk, applying the guidelines (if any) established by the Minister
of Justice and Solicitor General, considers is unable to pay that fee.
AR 216/2002 s3;71/2015;76/2015
Witness fees
1.2(1) The prescribed fee payable to a witness served a notice to
attend a hearing is as follows:
(a) for a non-expert witness, per day
$10.00;
(b) for an expert witness, per day
$20.00.
2
Section 2
AR 18/91
PROVINCIAL COURT FEES AND COSTS REGULATION
(2) The expense payable to a witness for transportation to attend a
hearing is as follows:
(a) subject to clause (b), using
a private motor vehicle,
the amount set out
in section 15 of
the Public Service
Subsistence, Travel
and Moving Expenses
Regulation;
(b) if in a judge’s opinion public
transportation can be used on a
timely basis and an amount should
not be paid under clause (a),
the actual
cost of public
transportation.
AR 139/2008 s2
Costs payable between parties
2 The costs payable as between parties are as follows:
(a) - (d) repealed AR 71/2015 s1;
(d.1) for fees paid to the clerk under section 1(a) to (d), the
amount of the fees actually paid;
(e) for service of a civil claim
(i) by a private process server
(ii) by a method of mailing as
designated in the Provincial
Court Act
(iii) as directed by the Court
(f) for conducting a search of
any registry maintained by
the Government of Canada, the
Government of Alberta or a
local authority
the actual cost
to a maximum of
$50.00;
the actual cost;
as fixed by
the judge;
the actual cost;
(g) repealed AR 216/2002 s4;
(h) for the prescribed fee paid to a witness to attend a hearing
(i) for a non-expert witness, per day
3
$10.00;
Section 2
AR 18/91
PROVINCIAL COURT FEES AND COSTS REGULATION
(ii) for an expert witness, per day
$20.00;
(i) for the expense paid to a witness for transportation to
attend a hearing
(i) subject to subclause (ii), using
a private motor vehicle,
the amount set out
in section 15 of
the Public Service
Subsistence, Travel
and Moving Expenses
Regulation;
(ii) if in a judge’s opinion public
transportation can be used on a
timely basis and an amount should
not be paid under subclause (i),
the actual
cost of public
transportation;
(j) repealed AR 216/2002 s4;
(k) in respect of a default judgment entered
by the clerk under section 40(1) of the
Provincial Court Act, the costs shall be
the actual costs in an amount not exceeding
the following:
(i), (ii) repealed AR 71/2015 s1;
(ii.1) for fees paid to the clerk under section 1(a) to (c), the
amount of the fees actually paid;
(iii) for service of a civil claim
(A) by a private process
server
(B) by a method of mailing
as designated in the
Provincial Court Act
(C) as directed by the Court
(iv) for conducting a search of
any registry maintained by
the Government of Canada,
4
the actual cost
to a maximum of
$50.00;
the actual cost;
as fixed by
the judge;
Section 3
PROVINCIAL COURT FEES AND COSTS REGULATION
the Government of Alberta
or a local authority
AR 18/91
the actual cost;
(l) on an application or hearing, payment for additional
classes of costs not otherwise specified in clauses (a) to
(k) may be awarded, in the judge’s discretion.
AR 18/91 s2;220/93;251/2001;216/2002;139/2008;71/2015
Criminal Division and Family
and Youth Division
Fees payable
3 The fees payable to the clerk of the Court are as follows:
(a) for filing a claim under the Family Law
Act or an application under the Extra-provincial
Enforcement of Custody Orders Act
$50.00;
(a.1) for each search of a name, including
the inspection of one file
$10.00;
(b) for each inspection of a file
$10.00;
(c) for a copy of a document, per page
$1.00;
(d) for each certification of a document
$10.00.
(e) repealed AR 220/93 s4.
AR 18/91 s3;220/93;71/2015
Waiver of fees
3.01 The clerk of the Court may waive the whole fee or part of
the fee payable under section 3(a) by an individual who the clerk,
applying the guidelines, if any, established by the Minister of
Justice and Solicitor General, considers is unable to pay that fee.
AR 76/2015 s1
All Divisions
Fee exemption: peace officers
3.1(1) In this section, “peace officer” means
(a) a member of the Royal Canadian Mounted Police,
(b) a member of a municipal police service within the
meaning of the Police Act,
(c) a special constable within the meaning of the Police Act,
5
Section 3.2
AR 18/91
PROVINCIAL COURT FEES AND COSTS REGULATION
(d) a person whose legal functions include written
authorization to issue violation tickets under Part 2 or 3,
or both, of the Provincial Offences Procedure Act, or
(e) a person appointed under the regulations under the
National Defence Act (Canada) for the purposes of section
156 of that Act.
(2) Notwithstanding anything in this Regulation, fees for the
search of a name, the inspection of a file or a copy or the
certification of a document are not payable by a peace officer when
the service in question is required in the execution or discharge of
the peace officer’s duties.
AR 216/2002 s5
Fee exemption: Justice Canada
3.2 Notwithstanding anything in this Regulation, fees for the
search of a name, the inspection of a file or a copy or the
certification of a document are not payable by an employee of the
Department of Justice (Canada) when the service in question is
required for the recovery of amounts owing under offences under
Acts of the Parliament of Canada.
AR 91/2003 s2
Waiver of fees
3.3(1) In this section,
(a) “certificate” means a Legal Aid Certificate issued by the
Legal Aid Society of Alberta;
(b) “document” means any document that may be filed or
issued for which a fee is payable under section 1(a) to (b)
or section 3(a).
(2) If requested to file or issue a document, the clerk of the Court
must waive the fee otherwise payable if presented with a subsisting
certificate issued in respect of the person for whom the document is
to be filed or issued.
AR76/2015 s1
Repeal
4 The Small Claims Division of the Provincial Court Tariff of
Fees Regulation (Alta. Reg. 145/80) is repealed.
AR 18/91 s4
Coming into force
5 This Regulation comes into force on February 1, 1991.
AR 18/91 s5
6
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