Administrative fees

Under the General and International Arbitration Regulations, a $1,000.00 cheque must be included with the notice of arbitration submitted to the Centre. Said amount is not refundable but is deductible from the total amount of arbitration expenses.

Administrative Fees of the Center: No charge for services related to the opening of the file and associated services, particularly those relating to the study, the evaluation and the material organization of the file, including the preliminary discussions with the parties concerning the choice(s) of arbitrator(s), as well as registry, filing and treasury services.

Arbitrators’ fees: The arbitrator(s) fees are established on an hourly basis and before the first hour.

1. The centre's administrative fees

$600.00 including $200.00 for opening the file. This amount is payable by the plaintiff and must be included with the notice of arbitration; it is not refundable but deductible from the plaintiff's share of arbitration expenses (Section 69 of the General Commercial Arbitration Rules).

2. Arbitrator's fees

$900.00 to $2,000.00 excluding travel and subsistence allowances.

3. Related fees (when applicable)

Facilities rental, fax charges, postal costs, etc.

4. Special fees

Postponement of hearing

This fee is payable by the party who, after having agreed to proceed at a given date, asks to postpone the hearing.

The fees amount to three (3) hours at the stated hourly rate of the arbitrator(s) before the first hour.

Fee for extending the hearing or referring the case to the Centre's General Arbitration Rules

This fee is payable to the Centre prior to a supplementary hearing day. It does not include the fees incurred for facilities rental nor the arbitrator's fees.

The fee amounts to $275.00 per party.

5. Sharing of arbitration costs

In equal shares, between the parties (Section 69 of the General Commercial Arbitration Rules), excluding special fees.

Reminder of Section 123 of the Regulation:

“Arbitration fees are shared equally between the manager and the contractor where the latter is the plaintiff.
Where the plaintiff is the beneficiary, those fees are charged to the manager, unless the beneficiary fails to obtain a favorable decision on any of the elements of his claim, in which case the arbitrator shall split the costs.”

1. ARBITRATOR'S FEES AND EXPENSES

1.1 Fees of the arbitrator

1.1.1 Hourly rate: $225.00

1.1 2. Fees

1.1.2.1 The arbitrator is entitled to fees at the rate set out in section 2.1.1 for each hour of an arbitration session, and, subject to section 1.1.2.4, for each hour of preparation for the hearing, deliberation and writing of the decision. 

1.1.2.2 The arbitrator is entitled to a minimum fee for each day of hearing of 3 hours at the rate set forth in 1.1.1. In the event of postponement of the date of the hearing at the request of a party, less than 30 days before the date of the hearing agreed upon by the parties to the dispute, the arbitrator shall be entitled to 3 hours of fees at the rate fixed by Article 1.1.1.

1.1.2.3 The arbitrator is also entitled to fees at the rate set out in 1.1.1 for each hour of a pre-hearing conference with the parties.

1.1.2.4 The arbitrator is entitled to fees at the rate set out in section 1.1.1 for the preparation of the hearing, the deliberation and the writing of the decision for a maximum of 14 hours for one day of hearing, 22 hours for 2 days of hearing, and where there are 3 or more days of hearing, 22 hours for the first 2 days and 5 hours for each subsequent day. 

1.1.2.5 By way of indemnity, in the event of withdrawal of the arbitration claim, with or without settlement, less than 30 days prior to the date of the hearing agreed upon by the parties to the dispute, the appointed arbitrator shall be entitled to 3 hours of fees at the rates set out in section 1.1.1 where the withdrawal is recorded in an arbitration award. Where the withdrawal is not recorded in an arbitration award, the arbitrator shall be entitled to one hour's fee at the rate set out in section 1.1.1.  

1.2 Travel Expenses 

An arbitrator's travel and living expenses shall be reimbursed in accordance with the Travel Expense Directive for Persons Engaged on a Fee Basis by Public Bodies issued by Treasury Board (T.B. 212379 dated March 26, 2013 as amended by T.B. 214163 dated September 30, 2014) and its subsequent amendments. 

Notwithstanding this directive, the arbitrator is not entitled to any allowance or travel or living expenses for distances of less than 80 km from the home port. 

An arbitrator is entitled to a travel allowance when performing his or her duties outside of an 80 km radius from the home port. The amount of this allowance corresponds to the amount obtained by multiplying the hourly rate of $135 by the number of hours required to travel to and from the arbitration site by the fastest means of transportation. 

1.3 Recusal or Revocation 

No fees or expenses may be claimed for cases where the mandate of an arbitrator is revoked under section 113 of the Regulation respecting the guarantee plan for new residential buildings, or where the arbitrator is challenged.  

However, in the case of a known reason for recusal invoked late by the parties, or in the case of an impediment of the arbitrator for a serious and valid reason, the fees and expenses incurred shall be shared by the arbitrator in accordance with section 123 of the Regulation respecting the guarantee plan for new residential buildings. 

Where there is no challenge or removal of the arbitrator, the fees and expenses incurred in considering the application for challenge shall be shared in the decision on the merits. 

1.4 Arbitrator's Account 

The arbitrator shall submit to the arbitration body a detailed account of fees and expenses together with supporting documents enabling the verification of their validity for each day on which fees, expenses, allowances or indemnities are claimed. 

2. PROVISION FOR COSTS

The following minimum rules apply when the arbitration body requests an advance on its costs under section 2 or the arbitrator's fees under section 1:

• The advance payment is based on the number of hearing days scheduled and may not exceed the maximum fee for 2 hearing days; 
• If the Plaintiff is the contractor, the provision is payable in equal shares between the contractor and the manager;
• The sums are kept in a trust account;
• Following a decision, the sums remitted over and above are reimbursed;
• In any case, the Centre cannot hold back the decision.​

3. INFORMATION FOR PARTIES

The parties are duly informed, at the time of the arbitration request, of all fees, disbursements and allocations pertaining to the request (including those regarding travelling costs, provisions for costs and, if the case may be, the withdrawal of the recourse and the case of recusation), as well as the sections of the By-Law pertaining to the partition of the costs.

4. NOTE FROM THE CENTRE

• If the Plaintiff is the beneficiary: no provision for costs is requested;
• If the Plaintiff is the contractor: they transmit to the Centre, at the same time as their arbitration request, the estimated value of its claim. This estimate is not binding on the Centre or the arbitrator.

5. Indexation 

The hourly rate indicated in section 1.1.1 and that in the third paragraph of section 1.2 are indexed annually, on January 1st of each year, according to the percentage increase in the average of the Consumer Price Index in Canada, published by Statistics Canada pursuant to the Statistics Act (R.S.C. 1985, c. S-19), for the 12 months of the preceding year in relation to the 12 months of the year prior to the latter. 

If the amounts so indexed include decimals, the amount shall be increased to the nearest dollar if the decimals are equal to or greater than 50; if the decimals are less than 50, the amount shall be reduced to the nearest dollar. 

The Régie du bâtiment calculates the indexation and transmits the indexed amounts to the arbitration bodies. 

Notwithstanding the first paragraph, such fees and allowances shall not be indexed where, in the preceding year, they have been fixed or increased otherwise than pursuant to this section. 

5. Date of application 

The present fee schedule applies to all new applications for arbitration submitted on or after July 1^st , 2022.