This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is for your personal use and may not be copied for the purposes of resale in this or any other form.
Fees and Allowances Under Part I and II of the Act
determined under subsection 2(1) of the
Costs and Fees Act
R.S.N.S. 1989, c. 104
Fees and Allowances incorporated in accordance with
Section 15 of Chapter 3 of the Acts of 2004, the Financial Measures (2004) Act
as amended up to O.I.C. 2008-176 (March 31, 2008, effective April 1, 2008), N.S. Reg. 149/2008
[This consolidation combines the former Schedules to Parts I and II of the Costs and Fees Act, as amended, as they existed immediately before March 30, 2007, and all current amendments filed after that date.]
Table of Contents
Fees and Allowances under Part I of the Act
Fees to be taken at the Department of Justice
Fees to be taken at the Department of Justice
Fees to be taken at the Department of Natural Resources
2. Supreme Court and Court of Appeal
Form 1 - Waiver of Fees Application
Fees to be taken by a Commissioner of the Supreme Court
Fees to be Taken by the Taxing Master
Fees to be Paid to an Appraiser
Arbitrator’s Fees under Order of Court
Fees of a Judge of the Supreme Court* acting within the
district for which the Judge is appointedTariff B-1: Tariff of Fees for Solicitor’s Services Allowable to a Party
Entitled to Costs in an Uncontested Proceeding for Foreclosure, or
Tariff C: Tariff of fees for Solicitor’s Services Allowable to a Party
Entitled to Costs in a Proceeding which is Discontinued or Settled
Tariff D: Tariff of Disbursements Allowable to a Party Entitled to Costs
3. Trial Division of the Supreme Court* (in matrimonial matters)
Fees of Commissioners on Examination of Witnesses
Fees of Solicitor and Counsel in County Court*
6. City Civil Court of the City of Sydney
7. Fees to be taken under the Summary Proceedings Act
For a Judge of the Provincial Court
7A. Fees to be taken by an Administrative Justice of the Peace
9. Fees for Registrar of Deeds
10. Fees of Jailer or Keeper of Lock-up House
12. Fees under the Collection Act
13. Fees under the Indigent Debtors Act
Fees and Allowances under Part II of the Act
1. Fees of Prothonotary and Clerk* of the County Court* and Clerk of the Crown
Form C: Certificate Verifying Witness’ Fees
Fees and Allowances under Part I of the Act
Fees to be taken at the Department of Justice
For services in respect of application for conveyance, transfer,
assignment or payment pursuant to Part VII of the Corporations Miscellaneous
Provisions Act.............up to $1000 as determined in each case by the Governor in Council.
Headings and text incorporated into regulations: S.N.S. 2004, c. 3, S. 15.
Fees to be taken at the Department of Justice
(1) For every instrument under the hand of the Lieutenant Governor
and the Great Seal of the Province.........................................................................$17.38
(2) For every instrument under the hand of the Lieutenant Governor
and the seal-at-arms...............................................................................................$23.18
(3) For every instrument or certificate under the hand and seal of the
Provincial Secretary...............................................................................................$23.18
(4) For registering diploma............................................................................................$5.79
(5) For registering or filing any other document or making a record of any
fact by law authorized or required to be recorded by the Attorney General...............$3.47
(6) For copies of any papers in the Attorney General’s office, per folio..........................$0.17
(7) For searching books or documents in the Attorney General’s office.........................$0.35
(8) For search on request by mail..................................................................................$0.58
(9) For commission for prothonotary, sheriff, registrar of deeds,
registrar of probate, each........................................................................................$11.59
(10) For commission for coroner.....................................................................................$5.79
(11) For commission for notary public..........................................................................$23.18
(12) For appointment for a term of five years of commissioner to
administer oaths, et cetera, within the Province....................................................$115.90
The Minister of Justice may waive the fee where the appointee is an employee of the Province, the Government of Canada, a city, an incorporated town or a municipality of a county or district; an officer or employee of a society incorporated under the Societies Act; a member of an elected council of an Indian band within the meaning of subsection 2(1) of the Indian Act (Canada); or a member of a council of a city, an incorporated town or a municipality of a county or district who undertakes not to charge a fee for services rendered.
(13) For commission for person appointed commissioner abroad....................................$8.68
(14) For commission for administrative justice of the peace........................................$115.90
(15) For commission for provincial constable................................................................$11.59
(16) For commission for judge of the Supreme Court acting
within the district for which the judge is appointed..................................................$5.79
(17) For commission for Queen’s Counsel..................................................................$289.76
(18) For examining and passing upon application of a company to
have its suretyship bonds authorized......................................................................$11.59
(19) For order in council authorizing such bonds...........................................................$57.95
(20) For examining and passing upon application of a loan company
as a safe company for investment of trust funds.....................................................$11.59
(21) For order in council sanctioning such investment...................................................$57.95
(22) For examining and passing upon application of a trust company
to be accepted by Supreme Court for certain purposes............................................$11.59
(23) For order in council approving of such company....................................................$57.95
(24) For examining and passing upon application of trust company
to hold sinking funds under the Municipal Affairs Act............................................$11.59
(25) For order in council appointing trust company to hold sinking fund accounts ......$57.95
(26) For order in council approving by-law of any company save such
as relate solely to educational, charitable or religious purposes.................................$5.79
Items (1)-(26) replaced: O.I.C. 2008-176, N.S. Reg. 149/2008.
Fees to be taken at the Department of Natural Resources
(1) For every search.......................................................................................$32.65 per hour
(2) Copy of any grant....................................................................................................$6.53
(3) For copy of a plan attached to a grant, such reasonable sum
as the Minister approves, not less than.....................................................................$6.53
(4) For every copy of, or portion of, or an entire general plan of a county, such
reasonable sum as the Minister approves, not less than............................................$6.53
(5) Copies of other documents, per folio.......................................................................$1.09
(6) For every certificate under the hand and seal of the Minister
or Registrar of Crown Lands....................................................................................$6.53
(7) Treasure Trove
(a) license fee..................................................................................................$544.15
(b) transfer fee...................................................................................................$11.59
(c) ratification fee................................................................................................$5.79
(8) Beach aggregate removal (up to 103 yards).............................................................$21.77
Items (1)-(7) replaced: O.I.C. 2008-176, N.S. Reg. 149/2008.
Item (8) repealed: O.I.C. 2004-138, N.S. Reg. 58/2004; added: O.I.C. 2007-160, N.S. Reg. 93/2007; amended: O.I.C. 2008-176, N.S. Reg. 149/2008.
Items (9)-(10) repealed: O.I.C. 2004-138, N.S. Reg. 58/2004.
Items (1)-(12) under the heading “Mines and Energy” repealed: O.I.C. 2007-160, N.S. Reg. 93/2007.
2. Supreme Court and Court of Appeal
(1) (a) Issuing and filing all documents pertaining to an action or application
commenced in the Supreme Court other than a divorce action or an action
for custody, access or support in the Family Division, and including a
counterclaim, cross-claim or third party action............................................$190.45
(b) Despite item (1)(a), filing a defence to an action commenced
in the Supreme Court other than a divorce action or action for
custody, access or support in the Family Division or a defence
filed in conjunction with a counterclaim or cross-claim.................................$87.06
(c) Despite item (1)(a), entering and filing an interlocutory notice or interim
application in the Supreme Court, including the Supreme Court
(Family Division) in an action for custody, access or support........................$57.68
(d) Issuing and filing all documents that commence a proceeding
pursuant to the Maintenance and Custody Act...............................................$38.09
(2) Entering and filing a notice of appeal or an application to extend the
time to file a notice of appeal to the Supreme Court of Nova Scotia,
including an objection to a Family Court Report..................................................$127.33
(3) Entering and filing a notice of appeal or an application to extend the
time to file a notice of appeal to the Nova Scotia Court of Appeal
or the Supreme Court of Canada..........................................................................$190.45
(4) Preparing a judgment and execution order to enforce a compensation
or restitution order.................................................................................................$38.09
(5) Setting down or scheduling a matter for trial without a jury before
the Supreme Court other than a divorce action or any proceeding
in the Supreme Court (Family Division)..............................................................$255.75
(6) Setting down or scheduling a matter for trial with a jury before the
Supreme Court....................................................................................................$380.90
(7) Obtaining a settlement conference prior to setting down or scheduling
a matter for trial before the Supreme Court other than a divorce action
or any proceeding in the Supreme Court (Family Division)..................................$116.45
(8) (a) Where a settlement conference has been held prior to the
setting down or scheduling of the matter for trial without
a jury before the Supreme Court, and the matter is not settled,
setting down or scheduling the matter for trial.............................................$139.30
(b) Where a settlement conference has been held prior to
the setting down or scheduling of the matter for trial with a
a jury before the Supreme Court, and the matter is not settled,
setting down or scheduling the matter for trial.............................................$266.63
(c) Where a settlement conference is held after the matter has been set
down or scheduled for trial with or without a jury before the Supreme
Court, and the matter is settled and a consent dismissal order is filed
with the Court within 30 days of the settlement conference, $101.90
shall be reimbursed to the party who filed the notice of trial.
(9) (a) Requesting an adjournment of a hearing to a new date in the Nova Scotia
Court of Appeal within the 30-day period preceding the date on
which that hearing was scheduled to be heard.............................................$255.75
(b) Requesting an adjournment of a trial to a new date in the
Supreme Court of Nova Scotia within the 90-day period
preceding the date on which that trial was scheduled to be
heard other than a divorce action or any proceeding in the
Supreme Court (Family Division)...............................................................$255.75
(10) In lieu of all fees for duties pertaining to the Controverted Elections Act..............$318.87
(11) In lieu of fees for discovery hearings or a hearing in aid of an execution
order .....................................................................................................................$76.18
(12) Copies of any document made, per page..................................................................$0.63
(13) Certifying any document on file, not including copy charge...................................$12.79
(no charge for one certified copy requested at the time of filing the document)
(14) (a) Filing and entry of all other documents in the Supreme Court,
except a contingency fee agreement, that do not commence an
action other than a divorce action or proceeding in the Supreme
Court (Family Division)................................................................................$29.11
(b) Filing and entry of a contingency fee agreement............................................$11.59
(15) Issuing and filing all documents pertaining to an action for divorce
or matrimonial cause (includes $10.00 fee to Government of Canada
for processing the registration of divorce forms)...................................................$254.66
(16) Despite item (15), issuing and filing an answer or other document in
defence in a divorce proceeding or matrimonial cause except a
counter-petition or counterclaim............................................................................$63.94
(17) Despite item (15), issuing and filing an answer and counter-petition
or defence and counterclaim in a divorce proceeding or
matrimonial cause................................................................................................$127.33
(17A) (a) Issuing a self-help guide for applying for divorce (divorce kit)......................$21.77
(b) Issuing a self-help guide for applying for variation
(variation kit)................................................................................................$21.77
(18) (a) For mediation in the Supreme Court (Family Division), except in relation to protection actions under the Children and Family Services Act, all parties shall pay hourly fees in accordance with the number of their dependants and income as follows:
Gross Income
Fees per Hour per Party Based on Number of
Dependants Including Self
1
2
3
4
5 or more
up to $20 000
no fee
no fee
no fee
no fee
no fee
$20 001-$23 000
$6.37
no fee
no fee
no fee
no fee
$23 001-$26 000
$12.79
$6.37
no fee
no fee
no fee
$26 001-$29 000
$19.05
$12.79
$6.37
no fee
no fee
$29 001-$32 000
$25.58
$19.05
$12.79
$6.37
no fee
$32 001-$35 000
$31.83
$25.58
$19.05
$12.79
$6.37
$35 001-$38 000
$38.37
$31.83
$25.58
$19.05
$12.79
$38 001-$41 000
$44.62
$38.37
$31.83
$25.58
$19.05
$41 001-$44 000
$51.15
$44.62
$38.37
$31.83
$25.58
$44 001-$47 000
$63.94
$51.15
$44.62
$38.37
$31.83
$47 001-$50 000
$76.72
$63.94
$51.15
$44.62
$38.37
$50 001-$53 000
$89.24
$76.72
$63.94
$51.15
$44.62
$53 001-$56 000
$102.30
$89.24
$76.72
$63.94
$51.15
$56 001-$59 000
$102.30
$102.30
$89.24
$76.72
$63.94
$59 001-$62 000
$102.30
$102.30
$102.30
$89.24
$76.72
$62 001-$65 000
$102.30
$102.30
$102.30
$102.30
$89.24
$65 001 and up
$102.30
$102.30
$102.30
$102.30
$102.30
(b) The fees set out in item (18)(a) are payable in advance and apply to each party for each hour of mediation.
(c) In determining the fees payable pursuant to items (18)(a) and (b),
(i) “each party” refers to the parties directly involved in the mediation but does not include anyone who accompanies a party for advice or support,
(ii) “income” shall be determined in the manner set out in Section 16 of the Federal Child Support Guidelines made pursuant to the Divorce Act (Canada),
(iii) “number of dependants” includes the party and any children supported or partially supported by that party and any other person for whom the party is financially responsible; children supported or partially supported by both parents may be counted as dependants by both parents.
(d) Where the total amount of the hourly fees for mediation payable by all parties pursuant to items (18)(a) and (b) exceeds the actual hourly cost of mediation, the fees shall be pro-rated based on the parties’ incomes.
(e) The Court may order one party to pay part or all of the mediation fees attributable to another party where, in the determination of the Court, to order otherwise would cause serious financial hardship to that other party or for any other appropriate reason.
(19) (a) For the research for and preparation of a Court ordered custody/access assessment report in the Supreme Court, Family Court or Supreme Court (Family Division), except in relation to protection actions under the Children and Family Services Act or the Adult Protection Act or assessments under the Youth Criminal Justice Act (Canada), all parties shall pay fees in accordance with their income as follows:
Income
Deposit
Percentage of Cost
of Report Payable
Up to $20 000
0
0%
$20 001-$25 000
$56.01
5.80%
$25 001-$30 000
$112.09
11.59%
$30 001-$35 000
$168.14
17.39%
$35 001-$40 000
$224.18
23.18%
$40 001-$45 000
$336.27
34.77%
$45 001-$50 000
$448.36
46.36%
$50 001-$55 000
$560.45
57.95%
$55 001-$60 000
$672.54
81.13%
$60 001-$65 000
$952.77
98.52%
$65 001-over $65 001
$1120.90
100%
(b) The fees set out in item (19)(a) apply to each party and are payable as follows:
(i) the applicable deposit set out in item (19)(a) upon the Court ordering an assessment report, and
(ii) the amount of the applicable percentage of the cost of the assessment report set out in item (19)(a) upon completion of the report, less the applicable deposit.
(c) In determining the fees payable pursuant to items (19)(a) and (b),
(i) “each party” refers to the parties directly involved in the Court application for which the assessment report is being prepared,
(ii) “income” shall be determined in the manner set out in Section 16 of the Federal Child Support Guidelines made pursuant to the Divorce Act (Canada).
(d) Where the total amount of the fees for an assessment report payable by all parties pursuant to items (19)(a) and (b) exceeds the actual cost of the assessment report, the fees shall be pro-rated based on the parties’ incomes.
(e) The Court may order one party to pay part or all of the cost of an assessment report attributable to another party where, in the determination of the Court, to order otherwise would cause serious financial hardship to that other party or for any other appropriate reason.
(20) Searching a file, including a telephone search, except bulk-rate searches
(free to parties to the action or their solicitors).........................................................$6.95
(21) Despite item (20), searching a file, if an agreement has been entered into
with the Department of Justice for bulk-rate search fees...........................................$1.16
(22) Purchasing a tape of proceedings heard in any court, per tape.................................$19.71
(23) (a) For transcript of a preliminary hearing held in any court,
per page..........................................................................................................$4.06
(b) For transcript of an oral decision in any court, per page (no charge
for one copy to the parties to the action or their solicitors)...............................$4.06
(c) For transcript of a matter in any court, per page..............................................$4.06
(d) For copies of transcripts prepared pursuant to items (23)(a), (b) or
(c), per page....................................................................................................$0.63
(24) (a) For administering an oath by a commissioner of oaths or a notary
public, per document....................................................................................$17.39
(b) For certifying documents by a notary public, per document...........................$17.39
(25) Where an applicant meets the financial eligibility criteria set out in item (26) and completes an application in Form 1, the clerk of the court shall waive the court filing fees in items (1), (2), (3), (5), (6), (7), (8), (15) except the $10.00 Government of Canada fee for processing the registration of divorce forms, (16), (17) and (22) and the following shall be provided free of charge:
(a) a maximum of 25 photocopies,
(b) a maximum of 3 court file searches, and
(c) the administration of an oath for an affidavit relating to the
deponent’s court action.
(26) Where an applicant has the following number of dependants and the applicant’s income is less than or equal to the following amounts, the applicant meets the financial eligibility criteria required to have the court fees set out in item (25) waived:
Monthly Income and Number of Dependants
One adult
$1067.00
Two adults
$1424.00
and 1 child
$1416.00
and 1 child
$1708.00
and 2 children
$1700.00
and 2 children
$1932.00
and 3 children
$1924.00
and 3 children
$2156.00
and 4 children
$2148.00
and 4 children
$2380.00
and 5 children
$2372.00
and 5 children
$2604.00
and 6 children
$2596.00
and 6 children
$2828.00
and 7 children
$2820.00
and 7 children
$3052.00
(27) An applicant shall attach proof of income in the form of a current pay stub, a current benefit stub, a copy of the applicant’s most recent income tax return or a copy of the applicant’s most recent notice of assessment to the application form for the waiver of fees set out in item (25).
(28) Where an applicant is in receipt of no income, the applicant shall attach to the application form for the waiver of fees set out in item (25) a letter signed by the applicant’s medical doctor, priest or other official confirming that the applicant is in receipt of no income and is not surviving from any savings.
(29) Where applicable, the fees set out under the heading “2. Supreme Court and Court of Appeal” in this Schedule are payable in the Family Court, Provincial Court or in any proceeding before a justice of the peace.
(30) A fee or charge set out in an item under the heading “2. Supreme Court and Court of Appeal” in this Schedule prevails over any conflicting fee or charge prescribed in any enactment for a search or service set out in an item under the heading “2. Supreme Court and Court of Appeal” in this Schedule.
Items (1)-(30) replaced: O.I.C. 2008-176, N.S. Reg. 149/2008.
Waiver of Fees Application
Please print in BLOCK LETTERS:
Last name: _____________________________________________
Mailing address: _________________________ Apt # _________
City or town/province: ______________ postal code: __________
Telephones: Home: _______ Work: _______ Msg: ___________
Given names: _________________
Date of birth: _________________
(mm/dd/yr)
Age: ___________
☐ Male
☐ Female
☐ Employed
☐ Unemployed
☐ Unable to work
☐ Student/training
☐ Not married ☐ Married
☐ Common law ☐ Separated
☐ Divorced ☐ Widowed
I apply to have the following court filing fees waived: ____________________________________________