REVISED STATUTES, 1989
1 This Act may be cited as the Costs and Fees Act. R.S., c. 104, s. 1.
2 (1) The Governor in Council may determine, by regulation, fees and allowances for the departments, officials or persons set out below in respect of services provided by those departments, officials or persons, except party and party costs, or in respect of other related services or any combination of services:
(1A) The Governor in Council may make regulations respecting the waiver or reduction of any fee or allowance otherwise payable pursuant to subsection (1) or the regulations, including, without restricting the generality of the foregoing, regulations prescribing the circumstances under which the fee or allowance may be waived and designating a person or a class of persons who may waive or reduce the fee or allowance.
(3) Party and party costs in respect of the services mentioned in the regulations, or in respect of other related services or any combination of services, shall be determined by the Costs and Fees Committee.
(5) The party and party costs determined pursuant to subsection (3) are subject to the approval of the Attorney General and shall come into force and be effective upon publication in the Royal Gazette or at such other time subsequent to publication as the Costs and Fees Committee may determine. R.S., c. 104, s. 2; 2001, c. 42, s. 1; 2004, c. 3, s. 6.
3 Every person taking any other or greater fee or allowance shall, for each offence, forfeit to the person aggrieved forty dollars, which sum, with such excessive fee or allowance, may be recovered by him in an action of debt. R.S., c. 104, s. 3.
5 The fees taken at any of the departments of the Government shall be paid into the Consolidated Fund of the Province and shall be accounted for in the annual account of such department. R.S., c. 104, s. 5.
6 Every prothonotary, clerk of the Crown, sheriff, county court clerk, registrar of deeds and registrar of probate shall on the first day of each month pay over to the Attorney General for the use of the Province all fees that are paid to him under the regulations and under any other Act of the Legislature in virtue of his office during the preceding month except
7 Every prothonotary, clerk of the Crown, county court clerk, registrar of deeds and registrar of probate shall make such return or returns at such time or times and verified in such manner as the Attorney General from time to time requires for the purpose of giving full effect to the provisions of this Act or any of the provisions. R.S., c. 104, s. 7.
8 If any prothonotary, clerk of the Crown, sheriff, county court clerk, registrar of deeds or registrar of probate makes default in complying with any of the requirements of this Act, he shall be liable to a penalty not exceeding one thousand dollars. R.S., c. 104, s. 8.
9 The amount of any fees required to be paid over to the Attorney General as aforesaid shall be recoverable with full costs as a debt due to Her Majesty in right of the Province from the person required as aforesaid to pay over such fees. R.S., c. 104, s. 9.
11 No fees shall be taken by any registrar of deeds for searches made by the officers of any city, town or municipality for city, town or municipal purposes and no fees shall be taken by any registrar of probate for searches made by, or for documents filed by, the officers of any city, town or municipality for city, town or municipal purposes. R.S., c. 104, s. 11.
12 The Governor in Council may from time to time designate some other member of the Executive Council in the place and stead of the Attorney General mentioned in Sections 6, 7, 9 and 10 and upon such designation being made, all returns and payments required to be made under the provisions of said Sections shall be to such member of the Executive Council. R.S., c. 104, s. 12.
15 (1) Every constable receiving or entitled to receive any salary or other remuneration in that capacity from any source whatsoever, including the Crown in right of the Province, or otherwise, shall, for executing or, when due diligence has been used, for attempting to execute process or warrants of commitment in case of a person charged with an indictable offence, be allowed such reasonable disbursements as the prosecuting officer having cognizance of the case deems proper.
(2) Every other constable shall, for executing or, when due diligence has been used, for attempting to execute process or warrants of commitment in case of a person charged with an indictable offence, be allowed the fees in that behalf, prescribed in the regulations or in lieu of those fees, he may be allowed such reasonable disbursements and such sum for each day necessarily spent by him in executing or so attempting to execute such process or warrant of commitment as the prosecuting officer having cognizance of the case deems proper. R.S., c. 104, s. 15; 2004, c. 3, s. 8.
16 (1) Every person who attends before a justice of the peace, a judge of the provincial court, county court judge's criminal court or the Supreme Court as a witness for the prosecution in respect of an indictable offence shall be allowed the fees prescribed in the regulations for his travel and actual attendance.
(b) a sum not exceeding the amount by which the expenses necessarily and reasonably incurred by such person for such attendance, exceeds the fees and allowances payable to such person under this Part.
(3) All sums directed by the presiding judge to be paid pursuant to the provisions of subsection (2) shall be paid out of the Consolidated Fund of the Province. R.S., c. 104, s. 16; 2004, c. 3, s. 9; revision corrected 1999.
17 The presiding judge may, in his discretion, direct that any duly qualified medical practitioner who has given medical testimony for the prosecution be entitled to a fee or allowance in addition to the ordinary witness fees prescribed in the regulations and the amount of such additional fee or allowance shall be fixed by the judge. R.S., c. 104, s. 17; 2004, c. 3, s. 10.
18 If a witness is a poor man who is obliged to attend a sitting of any court on recognizance or subpoena, the court or judge may direct that such person shall be paid, in addition to such fees, such allowance as the court or judge, after examining such poor person on oath, thinks reasonable for his time, trouble and expense as a witness. R.S., c. 104, s. 18.
(2) Such fees shall be paid by Her Majesty in right of the Province on the production of a certificate from the prosecuting officer certifying that an interpreter was necessary in the matter, and that the amount certified for such fees is reasonable and proper in the circumstances. R.S., c. 104, s. 20; 1994-95, c. 7, s. 19.
25 The certificate shall state that there was reasonable ground for instituting the proceedings, that the witness was a material and necessary witness for the prosecution, and that he attended expressly to give evidence in the same. R.S., c. 104, s. 25; 2004, c. 3, s. 13.
26 Before signing such certificate an affidavit may be required from any such prosecutor or witness, stating the facts required to be stated in such certificate, or he may be examined on oath in respect to such facts. R.S., c. 104, s. 26.