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Part II .

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Tariffs of Costs Regulations

made under clause 66(

c) of the

Expropriation Act

R.S.N.S. 1989, c. 156

O.I.C. 2019-161 (effective June 4, 2019), N.S. Reg. 78/2019

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Application of regulations

Applicable tariffs

Scale of costs

Value amount for scales

Setting number of hours within range

Partial days

Expenses and disbursements

Schedule A: Tariffs

Tariff 1—Real Estate Appraisal Expert Costs

Tariff 2—Other Expert Costs

Citation

1 These regulations may be cited as the Tariffs of Costs Regulations .

Definitions

2 In these regulations,

“Act” means the Expropriation Act ;

“decision-maker” means the Board or the Court;

“tariff” means a tariff of costs set out in

Schedule A: Tariffs or as set out in Tariff

“Tariff A” means “Tariff A: Tariff of Fees for Solicitor’s Services Allowable to a

Party Entitled to Costs on a Decision or Order in a Proceeding” set by the Costs

and Fees Committee under the Costs and Fees Act .

Application of regulations

(1) Subject to subsection (2), these regulations apply to costs payable under the Act

that were incurred on or after the date these regulations come into force.

(2) These regulations do not apply to any matters that were before the Board before the

date these regulations come into force.

Applicable tariffs

4 Costs payable under the Act must be assessed in accordance with the following tariffs:

(

a) for legal costs, Tariff A;

(

b) for real estate appraisal expert costs, Tariff 1;

(

c) for all other expert costs, Tariff 2.

Scale of costs

(1) The scales under which costs are assessed are as follows:

(

a) Scale 1, for matters of less than ordinary difficulty or importance;

(

b) Scale 2, for matters of ordinary difficulty or importance;

(

c) Scale 3, for matters of more than ordinary difficulty or importance.

(2) When fixing the appropriate scale under which costs will be assessed, the

decision-maker must consider all of the following:

(

a) whether the case involved a difficult issue of law, fact or construction;

(

b) whether a difficult appraisal issue is involved;

(

c) whether an issue is of importance to a class or body of persons, or is of

general interest;

(

d) whether the result of the proceeding before the decision-maker effectively

determines the rights and obligations as between the parties, beyond the

relief that was granted or denied.

(3) If the parties to a proceeding have agreed on a settlement amount but have not

agreed to costs, costs must be assessed under Scale 2.

Value amount for scales

6 The value allowed on an assessment of costs for each scale is as set out in the applicable

tariff.

Setting number of hours within range

(1) If a tariff sets a minimum and maximum number of hours, the decision-maker may

set the number of hours within the range in accordance with all of the following:

(

a) the minimum number of hours, for matters upon which little time should

ordinarily have been spent;

(

b) the middle of the range is for matters which should ordinarily require an

average amount of time;

(

c) the maximum number of units is reserved for matters upon which a great

deal of time was required.

(2) In setting the number of hours under subsection (1), the decision-maker must

consider all of the following:

(

a) the complexity of the issue;

(

b) the uniqueness of the issue;

(

c) any additional unusual circumstances.

Partial days

8 If an item in a tariff provides for an amount for each day, but the actual time spent was

(

a) less than 2.5 hours, only half of the amount set for the day is allowed; or

(

b) more than 5 hours, the amount allowed for the day must be increased by

half of the amount set for the day.

Expenses and disbursements

(1) In addition to the costs allowed under these regulations, a reasonable amount for

expenses and disbursements is also permitted if the expenses and disbursements

were necessarily and properly incurred in the conduct of the proceeding before the

decision-maker.

(2) Reasonable travelling and subsistence expenses must be allowed as a

disbursement.

________________________________________________________________

Schedule A: Tariffs

Tariff 1—Real Estate Appraisal Expert Costs

In this tariff, the value allowed for each scale is:

Scale

Amount Per Hour

Scale 1

$137.50

Scale 2

$175.00

Scale 3

$212.50

Item

Description

Hours (Min/Max)

Scale 1

Scale 2

Scale 3

Min

Max

Min

Max

Min

Max

Instructions

Correspondence, conferences, instructions or

meetings with claimant and counsel relating to

expropriation proceeding, whether before or after

commencement of proceeding, for which provision

is not made elsewhere in this tariff

Inspection and research

Inspect and research subject property

Market research, including all necessary

attendances

Inspection of comparable properties

Analysis and report preparation

Analysis of data and preparation of report(

s) Hearing

Preparation for hearing for each day of necessary

attendance

Attendance at hearing, interim motion or

application in proceeding, for each day of necessary

attendance

Travel for necessary attendance at hearing,

application, examination or other analogous

proceeding if held more than 40 km from place

where appraiser carries on business, for each day of

travel

Tariff 2—Other Expert Costs

In this tariff, the value allowed for each scale is:

Scale

Amount Per Hour

Scale 1

$137.50

Scale 2

$175.00

Scale 3

$212.50

Item

Description

Hours (Min/Max)

Scale 1

Scale 2

Scale 3

Min

Max

Min

Max

Min

Max

Instructions

Correspondence, conferences, instructions or

meetings with claimant and counsel relating to

expropriation proceeding, whether before or after

commencement of proceeding, for which provision

is not made elsewhere in this tariff

Research

Inspect and research

Analysis and report preparation

Analysis of data and preparation of a report(

s) Hearing

Preparation for hearing for each day of necessary

attendance

Attendance at hearing, interim motion or

application in proceeding, for each day of necessary

attendance

Travel for necessary attendance at hearing,

application, examination or other analogous

proceeding if held more than 40 km from place

where expert carries on business, for each day of

travel

Legislative History

Reference Tables

Tariffs of Costs Regulations

N.S.

Reg.

78/2019

Expropriation Act

Note: The information in these tables does not form

part of the regulations and is compiled by the Office of the Registrar of

Regulations for reference only.

Source Law

The current consolidation of the Tariffs of Costs Regulations made under the Expropriation Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

78/2019

Jun 4, 2019

date specified

Jun 21, 2019

The following regulations are not yet in force and are not

included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.