News release

Amendments to Acts Concerning Probate, Court Costs

Justice

Justice Minister Michael Baker has introduced amendments to two acts dealing with probate and court costs.

The changes to the Probate Act are response to a Supreme Court of Canada decision October 1998 in what is known as the Eurig case. The court ruled it is unconstitutional for a province to levy probate fees through regulation. It also ruled that such fees are a direct tax that must have legislative approval.

The amendments introduced today would validate the collection of probate fees charged in the past 17 years, and mean that the levy will be identified as a tax rather than a fee.

The amendments do not increase the amounts charged nor do they put in place new charges.

Revenues generated from the collection of the probate tax are significant and help to defray the cost of administering justice.

The amendments are in line with those implemented in other jurisdictions, including Newfoundland, New Brunswick, Ontario, Alberta, Saskatchewan and British Columbia, in response to the Supreme Court ruling.

The legislation must be amended by Oct. 29 to meet the timeframe imposed by a decision in a similar case brought before the Supreme Court of Nova Scotia.

The Costs and Fees Act is also being amended, to remove the existing fee schedule and outdated provisions dealing with the collection of fees by a variety of court officials.