Dispute Resolution Fees Regulations, J-4.3 Reg 1

1 DISPUTE RESOLUTION FEES J-4.3 REG 1 The Dispute Resolution Fees Regulations being Chapter J-4.3 Reg 1 (effective October 1, 2019). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 J-4.3 REG 1 DISPUTE RESOLUTION FEES Table of Contents 1 Title 6 Other fees 2 Definitions 7 No fees payable 3 Fees prescribed 8 Waiver of fees in certain circumstances 4 Fees respecting family law mediation 9 RRS c D-18.2 Reg 3 repealed 5 Court-ordered mediation 10 Coming into force 3 DISPUTE RESOLUTION FEES J-4.3 REG 1 CHAPTER J-4.3 REG 1 The Justice and Attorney General Act Title 1 These regulations may be cited as The Dispute Resolution Fees Regulations. Definitions 2 In these regulations: “Act” means The Justice and Attorney General Act; “family law mediation” means a mediation respecting or in relation to a family law proceeding or a matter that would qualify as a family law proceeding if the matter was before the Court of Queen’s Bench; “family law proceeding” means a family law proceeding as defined in The Queen’s Bench Act, 1998; “manager” means the manager appointed pursuant to section 14.1 of the Act. 20 Sep 2019 c J-4.3 Reg 1 s2. Fees prescribed 3 Unless a fee is otherwise required by any other Act or regulation or any rule of court, the amount of the fee to be charged for mediation services provided pursuant to subsection 14.1(1) of the Act is the amount set out in these regulations. 20 Sep 2019 c J-4.3 Reg 1 s3. Fees respecting family law mediation 4(1) Subject to subsections (4) and (5), the amount of the fee for family law mediation is determined in accordance with Table 1 of the Appendix. (2) Subject to subsections (4) and (5), the fee mentioned in subsection (1) is to be shared by the parties in any manner agreed to by the parties. (3) If the parties to a family law mediation cannot agree on the manner in which to share a fee pursuant to subsection (2), the parties may refer the matter to the manager for assistance in determining the appropriate manner in which to share the fee. (4) If both parties to a family law mediation are represented by The Saskatchewan Legal Aid Commission, The Saskatchewan Legal Aid Commission shall pay the following amounts on behalf of each party: (a) $350 for an initial mediation session; (b) $175 for each subsequent mediation session. 4 J-4.3 REG 1 DISPUTE RESOLUTION FEES (5) If one party to a family law mediation is represented by The Saskatchewan Legal Aid Commission: (a) The Saskatchewan Legal Aid Commission shall pay the following amounts on behalf of that party: (i) $350 for an initial mediation session; (ii) $175 for each subsequent mediation session; and (b) the other party shall pay one half of the amount determined pursuant to subsection (1). (6) The fees mentioned in subsections (1), (4) and (5) are payable by the parties before the start of the mediation session. 20 Sep 2019 c J-4.3 Reg 1 s4. Court-ordered mediation 5(1) If the Court of Queen’s Bench orders parties to attend mediation, the parties shall pay mediation fees in accordance with the order of the Court. (2) If the order mentioned in subsection (1) is silent with respect to fees for mediation, the parties are not required to pay any fee for mediation pursuant to the order. (3) The fees mentioned in subsection (1) are payable by the parties before the start of the mediation session. 20 Sep 2019 c J-4.3 Reg 1 s5. Other fees 6(1) The amount of the fee to be charged for training or facilitation or any other mediation service that is not specified in these regulations is $150 per hour per mediator. (2) The fees mentioned in subsection (1) are to be paid equally by the parties unless the parties otherwise agree. 20 Sep 2019 c J-4.3 Reg 1 s6. No fees payable 7 Notwithstanding any other provision of these regulations, no fee is payable pursuant to these regulations by either party in a mediation if: (a) a judge orders the preparation of a report for the assistance of the court respecting the custody of, access to or welfare of the children pursuant to section 97 of The Queen’s Bench Act, 1998; (b) in an order granting access to a child, a judge requires supervision of the access pursuant to section 26 of The Children’s Law Act, 1997; 5 DISPUTE RESOLUTION FEES J-4.3 REG 1 (c) the parties in a proceeding that is not a family law proceeding participate in mediation as required by sections 42 to 44 of The Queen’s Bench Act, 1998; (d) the parties participate in mediation pursuant to The Saskatchewan Farm Security Act; (e) the parties participate in mediation pursuant to The Expropriation Procedure Act. 20 Sep 2019 c J-4.3 Reg 1 s7. Waiver of fees in certain circumstances 8 Notwithstanding any other provision of these regulations, the manager may waive or reduce the amount of the fee payable by a party in a mediation, or approve a payment plan for a party, if the manager is satisfied that: (a) the following circumstances exist: (i) the party is an individual; (ii) the party has a low income; (iii) the fee would prevent the party from obtaining mediation; or (b) the party is unable to pay the fee as a result of exceptional or unusual events or circumstances affecting the party or a member of the party’s household, including but not limited to the following: (i) recent loss of employment; (ii) illness or medical expenses; (iii) personal emergencies. 20 Sep 2019 c J-4.3 Reg 1 s8. RRS c D-18.2 Reg 3 repealed 9 The Mediation Services Fees Regulations, 1994 are repealed. 20 Sep 2019 c J-4.3 Reg 1 s9. Coming into force 10(1) Subject to subsection (2), these regulations come into force on October 1, 2019. (2) If these regulations are filed with the Registrar of Regulations after October 1, 2019, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 20 Sep 2019 c J-4.3 Reg 1 s10. 6 J-4.3 REG 1 DISPUTE RESOLUTION FEES Appendix TABLE 1 [Subsection 4(1)] Family Law Mediation Fees Combined Income Total Fee for Initial Total Fee for Subsequent Item of Parties ($) Mediation Session Mediation Sessions ($) ($) 1 Under 35,000 200 100 2 35,001 - 70,000 400 200 3 70,001 - 100,000 700 350 4 100,001 - 150,000 1,200 600 5 Over 150,000 1,700 850 20 Sep 2019 c J-4.3 Reg 1 s2. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2019