Resolution 2012-8 of the Real Estate Council of Alberta

WHEREAS by Section 11 of the Real Estate Act, the Real Estate Council of Alberta has the authority to make bylaws; 

At its meeting on October 17, 2012 Council passed a motion to amend Section 28 of the Bylaws to read:

“Recovery of Costs from Industry Members
28(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:

  1. Investigation costs

(i)  investigators’ costs at a minimum of $40 per hour to maximum of $80 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 costs not to exceed $250 per hour; and
(v)  other miscellaneous costs.

  1. Hearing and appeal costs

(i)  investigators’ costs at a minimum of $40 per hour to a maximum of $80 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;
(iii) transcript production;
(iv) 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 costs not to exceed $250 per hour;
(vi) adjournment costs; and
(vii) other miscellaneous costs.

28(2)   Upon the complainant providing notice in writing of an appeal under section 40(4) of the Act, the complainant shall post security for costs with the Council in the amount of $500.

28(3)   Subject to a panel’s discretion, the following Guide to Costs may apply:

ITEM

Column 1

Column 2

Column 3

Column 4

Column 5

Total fine or penalty

$0 - $4,999

$5,000 - $9,999

$10,000 - $29,999

$30,000 - $69,999

Over $70,000

Costs for fully Contested Hearing, including Administrative Penalty Appeal

$0 - $2,000

$0 - $2,500

$0 - $5,000

$0 - $7,500

$0 - $10,000

Costs for Hearing and Administrative Penalty Appeal with Agreed Statement of Facts

$0 - $1,500

$0 - $2,000

$0 - $4,500

$0 - $7,000

$0 - $9,500

Costs for Hearing and Administrative Penalty Appeal with Agreed Statement of Facts and Admission of Conduct Deserving of Sanction

$0 - $1,000

$0 - $1,500

$0 - $4,000

$0 - $6,500

$0 - $9,000

Costs for Hearing and Administrative Penalty Appeal with Agreed Statement of Facts, Admission of Conduct Deserving of Sanction and Agreement on Sanctions

$0 - $750

$0 - $1,250

$0 - $1,750

$0 - $2,250

$0 - $2,750

Costs for Consent Agreement

$0 - $500

$0 - $1,000

$0 - $1,500

$0 - $2,000

$0 - $2,500

28(4) The following factors may be considered by a panel in determining any cost order:

  1. the degree of cooperation by the industry member;
  2. the result of the matter and degree of success;
  3. the importance of the issues;
  4. the complexity of the issues;
  5. the necessity of incurring the expenses;
  6. the reasonable anticipation of the case outcome;
  7. the reasonable anticipation for the need to incur the expenses;
  8. the financial circumstances of the industry member and any financial impacts experienced to date by the industry member; and
  9. any other matter related to an order reasonable and proper costs as determined appropriate by the panel.”

 

 

 

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