ARCHIVED - Telecom Public Notice CRTC 2002-5

Telecom Public Notice CRTC 2002-5

Ottawa, 7 November 2002

New procedure for Telecom costs awards

In this public notice, the Commission announces that it will generally proceed to fix the costs to be paid as part of the costs award process, thereby dispensing with the follow-up taxation process. Accordingly, it will only proceed with the taxation process in exceptional circumstances.

1.

Pursuant to subsection 56(1) of the Telecommunications Act (the Act), the Commission has the power to award costs of, and incidental to, proceedings before it and may either fix the amount of the costs or direct that the costs be taxed.

2.

Until 1998, the Commission did not fix the amount of the costs concurrently with the awarding of the costs. Rather, in costs orders, the Commission would order that the amount of the costs be determined through a follow-up taxation process.

3.

However, in New Procedure for Telecom Costs Awards, Telecom Public Notice CRTC 98-11, 15 May 1998 (Public Notice 98-11), the Commission announced that it was prepared, in appropriate circumstances, to fix the costs to be paid as part of the costs awards process, thereby dispensing with a follow-up taxation process.

4.

In Public Notice 98-11, the Commission stated that the determination of whether it was appropriate to proceed immediately to fixing the amount of costs would largely depend on the specific circumstances of a given costs application. The Commission noted that the relevant circumstances included, but were not limited to, such matters as the complexity of the issues, the length and the nature of the proceeding, the amount claimed and the position of potential costs respondents.

5.

The Commission notes that, following the issuance of Public Notice 98-11, most costs applications have requested that the Commission fix the amount of costs. The Commission also notes that, generally, potential costs respondents have not objected to such requests. Furthermore, the Commission has approved almost all such requests.

6.

The Commission considers that the process of fixing costs immediately in costs awards is a more efficient process because it permits the quantum of costs awarded to be determined more expeditiously and reduces the administrative burden on the Commission and the parties involved.

7.

The Commission further notes that the fixing of costs allows potential respondents to make representations on the costs being claimed to the same extent as during a separate, follow-up taxation process.

8.

In light of the above, the Commission considers that the more streamlined approach set out in Public Notice 98-11 should be extended to costs awards generally. Accordingly, the Commission hereby announces that it will, in general, fix the costs to be paid as part of the costs awards process and will, therefore, proceed with the taxation process only in exceptional circumstances.

9.

The Commission notes that potential costs respondents will continue to be able to make representations on whether it is appropriate to dispense with the taxation process with respect to a given application. The Commission will consider any such representations prior to making a determination on this issue.

Procedure

10.

Applicants must continue to file costs applications in the manner provided for in the CRTC Telecommunications Rules of Procedure (the Rules). Applicants are reminded that they must continue to address the three criteria for awards of costs set out in subsection 44(1) of the Rules. Applicants are also reminded that they must clearly identify the proposed costs respondents and serve a copy of the application on those respondents.

11.

Applicants must file, with their costs application, all the information necessary for the Commission to fix their costs. To this end, applicants are expected to use, as appropriate, Forms I to V of the Commission's Legal Directorate's Revised Guidelines for the Taxation of Costs, dated 15 May 1998.

Secretary General

This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca