The Court Services Fees Act
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This version is current as of September 30, 2022.
It has been in effect since February 1, 2022.

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C.C.S.M. c. C297

The Court Services Fees Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1

In this Act

"court" means

(a) the Court of Appeal,

(b) His Majesty's Court of King's Bench for Manitoba, and

(c) the Provincial Court; (« tribunal »)

"court official" means a government employee who provides services in relation to a proceeding; (« fonctionnaire de justice »)

"prescribed" means prescribed in the regulations; (« prescrit »)

"proceeding" means any action or proceeding in a court, whether civil or criminal, including any proceedings by way of or for a prerogative writ; (« instance »)

"proper officer" means

(a) in respect of The Court of Appeal, the registrar thereof,

(b) in respect of His Majesty's Court of King's Bench for Manitoba, the registrar hereof or a deputy registrar thereof, and

(c) in respect of the Provincial Court, a clerk thereof; (« auxiliaire compétent »)

"third party" means a person who is not a government employee. (« tiers »)

S.M. 1999, c. 11, s. 3; S.M. 2020, c. 21, s. 45; S.M. 2021, c. 40, s. 17.

1.1

[Repealed]

S.M. 1999, c. 11, s. 4; S.M. 2020, c. 21, s. 46.

Fees

2

A party to a proceeding must pay the prescribed fee for any filing, process or service taken or required in the proceeding.

S.M. 1990-91, c. 12, s. 12; S.M. 2021, c. 40, s. 18.

Payment to proper officer

3(1)

The fee payable for a filing, process or service related to a proceeding that is provided by a court official must be paid to the proper officer of the court.

Payment to third party

3(2)

The fee payable for a service related to a proceeding that is provided by a third party must be paid to the third party.

S.M. 2021, c. 40, s. 18.

4

[Repealed]

S.M. 1999, c. 11, s. 5; S.M. 2020, c. 21, s. 47; S.M. 2021, c. 40, s. 19.

Recovery of unpaid fee by government

5(1)

Where a fee required to be paid to a proper officer of a court is not paid, the government may recover the fee in a court of competent jurisdiction as a debt due to the government.

Recovery of fee by other persons

5(2)

Where a fee required to be paid to a person other than the proper officer of the court is not paid, that person may recover the fee in a court of competent jurisdiction as a debt due to him.

Onus of proof of payment

5(3)

The onus of proving that a fee has been paid is on the person alleging that it has been paid.

S.M. 1999, c. 11, s. 6; S.M. 2020, c. 21, s. 48.

Proper officers are revenue officers

6(1)

For the purposes of collecting and accounting for fees, the proper officer of a court is a revenue officer within the meaning of The Financial Administration Act.

6(2)

[Repealed] S.M. 1999, c. 11, s. 7.

S.M. 1999, c. 11, s. 7; S.M. 2020, c. 21, s. 49.

7(1)

[Repealed] S.M. 2021, c. 40, s. 19.

7(2)

[Repealed] S.M. 1990-91, c. 12, s. 12.

S.M. 1990-91, c. 12, s. 12; S.M. 2021, c. 40, s. 19.

Fees to be taxable

8(1)

The fees paid under this Act by any party to a proceeding shall be taxed and allowed to him as part of any bill of costs taxable between party and party in the same manner as any other disbursements would be.

Fees taxable where Crown a party

8(2)

Notwithstanding that the Crown has paid no fees fixed under this Act, where the Crown is a party to any proceeding and costs are allowed to the Crown, the fees fixed under this Act that the Crown would have had to pay if it were not the Crown shall be taxed and allowed to the Crown as part of any bill of costs taxable between party and party in the same manner as any other disbursements would be.

9

[Repealed]

S.M. 1997, c. 52, s. 10.

Regulations

10

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith and every regulation made under and in accordance with the authority granted by this section has the force of law and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) prescribing fees to be paid for any matter, process or service taken or required by a person in a proceeding in a court;

(b) respecting the manner of and procedures for accounting and dealing with fees paid to a proper officer of a court under this Act;

(c) respecting the manner in which fees payable to a proper officer may be paid;

(d) [repealed] S.M. 2021, c. 40, s. 20;

(e) prescribing the fees payable to obtain copies of court documents, access court files and obtain information respecting court proceedings;

(f) defining any word used but not defined in this Act;

(g) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

S.M. 1999, c. 11, s. 8; S.M. 2020, c. 21, s. 49; S.M. 2021, c. 40, s. 20.

C.C.S.M. reference

11

This Act may be referred to as chapter C297 of the Continuing Consolidation of the Statutes of Manitoba.

S.M. 2020, c. 21, s. 50.

SCHEDULE

[Repealed]

S.M. 1999, c. 11, s. 9; S.M. 2005, c. 40, s. 43 and 44; S.M. 2020, c. 21, s. 51.