BC Small Claims Court Fee Waiver — How to Apply If You Can't Afford Filing Fees

Filing a small claim in BC Provincial Court costs $156 for claims over $3,000, plus a $7 CSO e-filing fee if you file online. For someone struggling financially — the same person who often has the strongest reason to pursue a debt — those fees can feel like a locked door. But there is a key: the Exemption Order (Fee Waiver) under Small Claims Rule 20.

Who Qualifies

Under Rule 20(1), any party who cannot pay statutory court fees without undue financial hardship may apply for a fee waiver. The court considers your complete financial picture: household income, assets, debts, and essential living expenses.

The test is whether paying the statutory fees would cause undue financial hardship in your circumstances.

How to Apply

1. Complete a Statement of Finances. This form (sometimes referenced as Form 20) requires you to disclose:

• Your monthly income from all sources (employment, disability benefits, pensions, child support)
• Your monthly essential expenses (rent/mortgage, food, utilities, transportation, medical)
• Your assets (bank accounts, vehicles, property — and their values)
• Your debts and liabilities

Be thorough and honest. The judge or registrar reviewing your application will look for consistency between your stated income and your stated expenses. Under-reporting income or over-reporting expenses undermines your credibility.

2. File the application at the court registry. Submit the Statement of Finances along with your fee waiver application at the registry where you are filing (or have filed) your claim. If you have not yet filed your Notice of Claim, you can submit the fee waiver application at the same time.

3. A judge or registrar decides. If approved, the Exemption Order waives the statutory court fees for your case.

What the Fee Waiver Covers

An approved fee waiver covers:

• The Notice of Claim filing fee ($100 or $156 depending on claim value)
• The $7 CSO e-filing transaction fee (if filing online)
• Other statutory court fees that arise during the case (application fees, summons fees)

What It Does NOT Cover

A fee waiver does not eliminate every cost associated with your case:

• Private process server fees — if you hire someone to serve documents, that is a private expense
• Expert witness fees — hiring a professional to write a report or testify
• Witness attendance money — the conduct money you must tender when serving a Summons to Witness (Form 5)
• Adverse cost awards — if you lose, the judge can still order you to pay the other party's disbursements (filing fees, photocopying, service costs)

The fee waiver removes the court's own charges. It does not make the entire litigation free.

If You Are Filing Online Through CSO

An approved Exemption Order waives the $7 CSO transaction fee. If your application is still pending, ask the registry or CSO how to submit your filing and have the exemption applied before paying.

If Your Claim Is at the CRT

If your claim is $5,000 or less, it generally falls under the Civil Resolution Tribunal (CRT). Rule 20 applies to Provincial Court proceedings; check the CRT's current fees and fee-relief process if your claim belongs there.

Practical Advice

Apply for the fee waiver before you file your claim if possible. It is simpler to have the waiver in place before submitting your Notice of Claim than to seek a refund of fees already paid.

Keep copies of everything you submit — the Statement of Finances, any supporting documents (pay stubs, benefit statements, bank statements), and the Exemption Order itself if granted. You may need to show the order again at later stages of your case.

For a complete walkthrough of filing and pursuing a BC Provincial Court small claim — including all the forms, fees, and deadlines — the BC Provincial Court Small Claims Guide covers the process from start to finish.

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