Revised Rules for Tutorship and Protective Supervision
Quebec (O.C. 17-2023)
January 22, 2023
On January 11, 2023 and Order in Council was made, on the recommendation of the Minister of Justice, that the Regulation to amend the Tariff of judicial fees in civil matters,
The Tariff of judicial fees in civil matters was amended by changing Section 15. Paragraph 4 was replaced with the definition of “tutorship to an absentee” which includes a minor or an adult, the emancipation of a minor, a protection mandate, or the temporary representation of an incapable adult. Additionally, the definition of “protective supervision of a person of full age” in paragraph 5 was replaced with “tutorship to an adult, a protection mandate, or the temporary representation of an incapable adult.”
According to Section 224 of the Courts of Justice Act (chapter T-16), the Government is responsible for determining the court costs and court office fees tariffs in non-criminal matters. Additionally, under sections 10 and 11 of the Regulations Act (chapter R-18.1), a draft regulation was published in Part 2 of the Gazette officielle du Québec on June 29, 2022 to amend the Tariff of judicial fees in civil matters, and it was announced that the government has the authority to enact it after 45 days from the date of publication.
The Tariff lays out the fees that must be paid for the filing, submission, or issuance of the pleadings or documents listed in the Tariff, regardless of the format in which they are filed, submitted, or issued. However, this Tariff does not cover applications and other pleadings filed, submitted, or issued under Title II of Book VI of the Code of Civil Procedure (chapter C-25.01) for the recovery of small claims.
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