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O. Reg. 508/10: Sheriffs - Fees

filed December 16, 2010 under Administration of Justice Act, R.S.O. 1990, c. A.6

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ontario regulation 508/10

made under the

administration of justice act

Made: December 1, 2010
Filed: December 16, 2010
Published on e-Laws: December 17, 2010
Printed in The Ontario Gazette: January 1, 2011

Amending O. Reg. 294/92

(Sheriffs — Fees)

1. (1) Paragraphs 8 and 9 of subsection 1 (1) of Ontario Regulation 294/92 are revoked and the following substituted:

 

8.

For a search for writs, per name searched

11.00 before November 2, 2015 and, on and after that date, the amount determined under subsection (4)

9.

For each report showing the details of a writ, lien or order or for a copy of a writ, lien or order

6.00 before November 2, 2015 and, on and after that date, the amount determined under subsection (4), to a maximum fee of $60.00 for each name searched before November 2, 2015 and, on and after that date, to a maximum fee of the amount determined under subsection (5)

(2) Section 1 of the Regulation is amended by adding the following subsections:

(3) In subsections (4) to (8),

“actual fee” means, for a specified year, the fee that is payable on the annual effective date in the specified year;

“actual maximum fee” means, for a specified year, the maximum fee that is payable on the annual effective date in the specified year;

“annual effective date” means the first Monday in November;

“Consumer Price Index” means the Consumer Price Index for Canada, all-items, not seasonally adjusted (2002=100), as published by Statistics Canada in Table 5 of The Consumer Price Index (Catalogue no. 62-001-X).

(4) For the purposes of paragraphs 8 and 9 of subsection (1), the following is the amount of the fee that is payable on and after November 2, 2015:

1. The fee payable on and after November 2, 2015 and before the annual effective date in 2016 is the amount determined in accordance with the following rules:

i. Calculate the notional fee for 2015 using the formula,

in which,

“A” is the actual fee payable for 2014, and

“B” is the indexation factor for 2015, as determined in accordance with subsection (6).

ii. Choose the amount that is the higher of the notional fee for 2015 and the actual fee for 2014.

iii. The amount chosen, as rounded to the nearest multiple of five cents, is the amount of the fee payable on and after November 2, 2015 and before the annual effective date in 2016.

2. The fee payable on and after the annual effective date in a specified year after 2015 and before the annual effective date in the following year is the amount determined in accordance with the following rules:

i. Calculate the notional fee for the year using the formula,

in which,

“C” is the notional fee for the preceding year, and

“D” is the indexation factor for the specified year, as determined in accordance with subsection (7).

ii. Choose the amount that is the higher of the notional fee for the year and the actual fee for the preceding year.

iii. The amount chosen, as rounded to the nearest multiple of five cents, is the amount of the fee payable on and after the annual effective date in the specified year and before the annual effective date in the following year.

(5) For the purposes of paragraph 9 of subsection (1), the applicable maximum fee payable on and after November 2, 2015 is determined in accordance with the rules set out in subsection (4), with necessary modifications, to be read as if each reference to “fee”, “notional fee” or “actual fee” in that subsection were a reference to “maximum fee”, “notional maximum fee” or “actual maximum fee”, respectively.

(6) The indexation factor for 2015 is the percentage, rounded to the nearest one-thousandth, that is calculated using the formula,

in which,

  “E” is the Consumer Price Index percentage change, for June 2011, from the corresponding month of the previous year,

“F” is the Consumer Price Index percentage change, for June 2012, from the corresponding month of the previous year,

  “G” is the Consumer Price Index percentage change, for June 2013, from the corresponding month of the previous year,

  “H” is the Consumer Price Index percentage change, for June 2014, from the corresponding month of the previous year, and

“J” is the Consumer Price Index percentage change, for June 2015, from the corresponding month of the previous year.

(7) The indexation factor for a specified year after 2015 is the Consumer Price Index percentage change, for June of the specified year, from the corresponding month of the previous year.

(8) A reference in subsection (6) or (7) to the Consumer Price Index percentage change, for a month, from the corresponding month of the previous year is a reference to the percentage change published by Statistics Canada in Table 5 of The Consumer Price Index (Catalogue no. 62-001-X).

2. This Regulation comes into force on the day it is filed.