R-15.1, r. 1 - Regulation respecting arbitration relating to the surplus assets of supplemental pension plans

Schedule Disposition versions

2012-09-01

SCHEDULE I

(ss. 5 and 7)

ARBITRATION COSTS – ARBITRATORS’ FEES – PROVISIONS FOR COSTS

DIVISION I

ARBITRATION COSTS

Services                                   Rate

(1) for opening a file                     $2,000

(2) for the pre-trial conference           0.3% of the amount
                                           in dispute, up to
                                           $8,000

(3) for hearings                           0.3% of the amount
                                           in dispute, up to
                                           $10,000

(4) for services related to an             $1,000
application for correction or
interpretation or an additional
application referred to in
section 243.15 of the Act

The services related to the opening of a file extend to related services, in particular to the study, assessment and material organization of the file, including preliminary discussions with the parties for the efficient operation of the file, the preparation of timetables and information to the parties. The costs related to those services are owing upon receipt of the application for arbitration by the arbitration body.

The services related to the pre-trial conference extend to related services, in particular to the appointment of arbitrators, the verification of their independence and the confirmation of their appointment, as well as to the setting up of the file, its management and its transmission to the arbitrators. The costs related to those services are owing upon the determination of the date of the pre-trial conference.

The services related to hearings extend to all other services to the closing of a file. The costs related to those services are owing upon the fixing of the date of the first hearing.

The services related to an application for correction or interpretation or an additional application referred to in section 243.15 of the Act mean all related services, from the reopening of a file to the preparation of the fees account; the costs related to those services are owing upon receipt of the application by the arbitration body.

DIVISION II

ARBITRATORS’ FEES

$150 an hour per arbitrator

DIVISION III

PROVISION FOR COSTS

The provision for costs consists in

(1) a provision of $1,000 for the costs incurred by the arbitration body;

(2) a provision of $2,000 for the remuneration of services of the arbitration body related to the opening of the file;

(3) a provision equal to 55% of the amount of the remuneration of the arbitration body established in accordance with this rate for the services related to the pre-trial conference and hearings; and

(4) a provision for the arbitrators’ fees that is established as follows:

Amount in Dispute Provision

(1) $50,000 or less $1,500 per arbitrator;

(2) $50,001 to $200,000 $3,000 per arbitrator;

(3) $200,001 to $1,000,000 $4,500 per arbitrator;

(4) $1,000,001 to $10,000,000 $6,000 per arbitrator;

(5) $10,000,001 or more $7,500 per arbitrator.

O.C. 1894-93, Sch. I; O.C. 944-2002, ss. 5 and 6.