O. Reg. 363/13: APPEALS

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Line Fences Act

ONTARIO REGULATION 363/13

APPEALS

Consolidation Period: From January 1, 2014 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Appeals division

1. The appeals division, which includes all lands in Ontario, is continued. O. Reg. 363/13, s. 1.

Notices to referee

2. Notices to be given to the referee of the appeals division may be served at the address set out on the website of the Ministry or of the Government of Ontario. O. Reg. 363/13, s. 2.

Initiation of an appeal fee

3. (1) The fee payable to the clerk of a municipality upon the initiation of an appeal under subsection 10 (1) of the Act is,

(a) $300, for the calendar year that begins on January 1, 2014 and ends on December 31, 2014; and

(b) the amount determined in accordance with subsections (2), (3) and (4), on and after January 1, 2015. O. Reg. 363/13, s. 3 (1).

(2) On and after January 1, 2015, the initiation of an appeal fee for a calendar year is the fee determined on January 1 of the previous calendar year adjusted by the percentage change from year to year in the Consumer Price Index for Ontario (All-Items) as reported monthly by Statistics Canada under the authority of the Statistics Act (Canada), averaged over the 12-month period that ends on September 30 of the previous calendar year. O. Reg. 363/13, s. 3 (2).

(3) If an amount of the initiation of an appeal fee as adjusted under subsection (2) is not a multiple of one dollar, it shall be rounded to the nearest multiple of one dollar or, if the amount is equidistant between two consecutive whole dollar amounts, to the higher dollar amount. O. Reg. 363/13, s. 3 (3).

(4) Despite subsection (2), if the percentage change results in a negative amount, the initiation of an appeal fee for the calendar year shall remain at the same level as for the previous calendar year. O. Reg. 363/13, s. 3 (4).

Remuneration

4. The remuneration to be paid for services performed under the Act shall be as follows:

1. In the case of the referee,

i. $491 for each day, where more than three hours is spent in the conduct of an appeal, or

ii. $245.50 for each day, where three hours or less is spent in the conduct of an appeal.

2. In the case of the deputy referee,

i. $398 for each day, where more than three hours is spent in the conduct of an appeal, or

ii. $199 for each day, where three hours or less is spent in the conduct of an appeal. O. Reg. 363/13, s. 4.

Items to be included in costs

5. The following items may be included when determining the costs of proceedings under clause 8 (1) (e) and subsections 12 (2), 13 (8) and 14 (1) of the Act:

1. Fees of the fence viewers.

2. Administrative fees in respect of the proceedings as fixed by a by-law of the municipality passed under subsection 17 (1) of the Act.

3. In the case of a proceeding under section 8 of the Act, the fees payable to a land surveyor employed under subsection 8 (5) of the Act. O. Reg. 363/13, s. 5.

6. Omitted (revokes other Regulations). O. Reg. 363/13, s. 6.

7. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 363/13, s. 7.

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