Marginal note:Complaints about proposed fees

• 4.1 (1) A regulating authority that receives a complaint about a proposed user fee within the period set out in a notice issued by that authority must

  • (a) try to resolve the complaint; and

  • (b) give the complainant notice in writing of proposed measures for its resolution.

• Marginal note:Referral of complaint to panel

  (2) If the complaint is not resolved to the complainant’s satisfaction within 30 days after the expiry of the period set out in the notice, the complainant may request in writing that the regulating authority refer the complaint to an independent advisory panel.

• Marginal note:Selection of panel members

  (3) Within 40 days after the expiry of the period set out in the notice, the regulating authority and the complainant must each select one member to sit on the panel and those members must select a third member.

• Marginal note:Joining complaints

  (4) The regulating authority may decide, for reasons of economy and efficiency, that two or more complaints about a particular proposal be dealt with by the same panel. In that case, the panel member to be selected by the complainants is selected by a majority vote.

• Marginal note:Mandate of panel

  (5) The panel must, within 30 days after all members have been selected, send a report in writing of its findings and recommendations for resolving the dispute to the regulating authority and the complainant.

• Marginal note:Power to award costs

  (6) Subject to subsection (7), the panel has the power to award costs of the proceedings, including the cost of the fees and expenses of panel members.

• Marginal note:Exception

  (7) If, in the opinion of the panel, a complaint is frivolous or vexatious, the complainant bears all the costs.

• Marginal note:Debt due to Her Majesty

  (8) Costs payable by the complainant become a debt due to Her Majesty and may be recovered as such in any court of competent jurisdiction.

Marginal note:Review and report

5. The Committee may review a proposal for a user fee referred to it pursuant to subsection 4(4) and submit to the Senate or the House of Commons, as the case may be, a report containing its recommendation as to the appropriate user fee, subject to the provisions of section 5.1.

Marginal note:Reduction of user fee

5.1 Where a regulating authority’s performance in a particular fiscal year in respect of a user fee does not meet the standards established by it for that fiscal year by a percentage greater than ten per cent, the user fee shall be reduced by a percentage equivalent to the unachieved performance, to a maximum of fifty per cent of the user fee. The reduced user fee applies from the day on which the annual report for the fiscal year is tabled under subsection 7(1) until the day on which the next annual report is tabled.