1. Tariff Costs may awarded at the discretion of a panel. If awarded, Tariff Costs must be awarded in accordance with this annex.
2. Only a successful person in a panel Proceeding, or an Appellant or Respondent in an appellate Proceeding, is entitled to an award of Tariff Costs.
3. A person, Appellant or Respondent may submit a statement of costs incurred in the Proceeding at the conclusion of the panel hearing.
4. In determining whether to award Tariff Costs, the panel shall consider the conduct of the person, Appellant or Respondent during the panel Proceeding.
5. In determining the amount of Tariff Costs to be awarded, the panel shall consider the statement of costs submitted by the person, Appellant or Respondent and, as well, the reasonableness of the costs based on the complexity of the complaint and the duration of the Proceeding.
6. In no event shall Tariff Costs exceed the following amounts:
(a) counsel or agent’s fees relating to preparation for the hearing, to a maximum of: $13,613;
(b) counsel or agent’s fees related to attendance at the hearing for each of the first five days, to a maximum per day of: $2,178.00; and thereafter for each day up to 10 days, to a maximum per day of: $1,634;
(c) reasonable fees and disbursements of experts, to a maximum of: $13,613.00;
(d) reasonable charges for postage, courier services and disbursements, including travel expenses.
7. The maximum allowable amounts set out in paragraph 5 above are valid for Tariff Costs awarded in the calendar year in which the Effective Date falls. Beginning in the following calendar year and in each calendar year thereafter, the Secretariat will increase such amounts by that percentage by which the Consumer Price Index (published by Statistics Canada) has increased between January 1 and December 31 of the previous calendar year. If there has been no increase or if there has been a decrease in that period, the amounts will remain the same for the following calendar year.