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The Law Fees Act
This is an unofficial archived version of The Law Fees Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. L80

The Law 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) Her Majesty's Court of Queen's Bench for Manitoba, and

(c) the Provincial Court; ("tribunal")

"fee" means a prescribed fee payable under this Act; ("frais")

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

"proceeding" means any action or proceeding in a court, whether civil or criminal, including any proceedings by wav 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 Her Majesty's Court of Queen's Bench for Manitoba, the registrar thereof or a deputy registrar thereof, and

(c) in respect of the Provincial Court, a clerk thereof. ("auxiliaire compétent")

Payment of fees required.

2(1)

Every person taking a proceeding in a court or being a party to a proceeding in a court shall, for any matter, process or service taken or required by him in the court in respect of the proceeding, pay the fee prescribed for that matter, process or service.

Fees not payable by Crown.

2(2)

No fees are payable by the Crown or by a minister of the Crown in any proceeding in a court to or in which the Crown or the minister, in his capacity as minister, is a party or is concerned.

Fees payable to proper officer.

3(1)

Unless otherwise provided in the regulation prescribing the fee, every fee payable under this Act in respect of a proceeding in a court shall be paid to the proper officer of the court for the use of Her Majesty in right of the province.

Responsibility of proper officers.

3(2)

The proper officers of the courts are responsible for requiring the payment of all prescribed fees for any matter, process or service in proceedings in the court.

Manner of payment.

4

All fees payable under this Act shall be paid in cash or in a manner prescribed.

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.

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.

Taking fees for own use.

6(2)

Except as provided in this Act or the regulations, no officer or clerk of a court shall take for his own use or benefit, directly or indirectly, any fee paid under this Act.

Fees for special examiner.

7(1)

Where an examination is taken by a special examiner who is not a member of the civil service, he may retain the fee for taking the examination for his own use.

Fees for transcripts.

7(2)

A court reporter may retain for his own use the prescribed fees for copies of a transcript of proceedings or evidence.

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.

Proceedings in forma pauperis exempt from fees.

9

Where a person has obtained a certificate to take, defend or be a party to a proceeding in forma pauperis in any court of the province, this Act does not apply to or require the payment of a fee by him in respect of any matter, process or service in respect of the proceeding.

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) prescribing the manner in which fees not paid in cash may be paid:

(d) providing for the payment of a fee prescribed in the regulation to a person other than the proper officer of a court who has provided a service to a party to a proceeding in the court.