WHEREAS pursuant to section 11(j) of the Real Estate Act, S.A., c. R-4.5, as amended (the “Act”), the Real Estate Council of Alberta (the “Council”) has the power, duty and responsibility to make bylaws respecting costs that may be ordered under section 40(4), 43(2) and awarded under section 50(5) of the Act and the amount of those costs;
AND WHEREAS pursuant to section 39(1)(a) of the Act, the executive director may direct that no further action be taken on a complaint which is determined to be frivolous and vexatious;
AND WHEREAS pursuant to section 84(1) of the Act, Council has the sole authority to amend the bylaws;
THEREFORE BE IT RESOLVED THAT:
Bylaw 30 shall be deleted from the Bylaws and replaced in its entirety with the following:
30(1)Where a complainant is ordered to pay costs under section 40(4) of the Act or an industry member is ordered to pay costs under section 43(2) of the Act or costs are awarded pursuant to section 50(5) of the Act, the costs payable shall be determined in accordance with the following:
(a) Investigation costs
(i) investigators’ salaries at a minimum of $20 per hour to a maximum of $50 per hour;
(ii) general investigation costs including but not limited to disbursements, expert reports and travel costs in accordance with Council policy guidelines;
(iii) transcript production including but not limited to interview transcripts;
(iv) legal fees not to exceed $250 per hour; and
(v) other miscellaneous costs.
(b) Hearing and Appeal costs
(i) investigators’ salaries at a minimum of $20 per hour to a maximum of $50 per hour;
(ii) general hearing and appeal costs including but not limited to disbursements, process service charges, conduct money, expert reports, travel expenses including but not limited to witnesses and council representatives in accordance with Council policy guidelines, expert witness fees to a maximum of $1,000 per diem per expert witness;
(iii) transcript production;
(v) hearing or appeal administration costs including but not limited to location rental, hearing secretary salary to a maximum of $15 per hour, honoraria of hearing panel members;
(v) legal fees not to exceed $250 per hour;
(vi) adjournment costs; and
(vii) other miscellaneous costs.
(2)Upon the complainant providing notice in writing of an appeal under section 40(4) of the Act of the executive director’s direction that no further action be taken on a complaint due to his determination that the complaint is frivolous or vexatious, the complainant shall post security for costs with the Council in the amount of $500.
DATED at Edmonton, Alberta this 16th day of July, 1997.
