s.17.1 — Costs

17.1 (1) Subject to subsection (2), a tribunal may, in the circumstances set out in rules made under subsection (4), order a party to pay all or part of another party’s costs in a proceeding. (2) A tribunal shall not make an order to pay costs under this section unless, (a)  the conduct or course of conduct of a party has been unreasonable, frivolous or vexatious or a party has acted in bad faith; and (b)  the tribunal has made rules under subsection (4). (3) The amount of the costs ordered under this section shall be determined in accordance with the rules made under subsection (4). (4) A tribunal may make rules with respect to, (a)  the ordering of costs; (b)  the circumstances in which costs may be ordered; and (c)  the amount of costs or the manner in which the amount of costs is to be determined. (5) Subsections 25.1 (3), (4), (5) and (6) apply with respect to rules made under subsection (4). (6) Despite section 32, nothing in this section shall prevent a tribunal from ordering a party to pay all or part of another party’s costs in a proceeding in circumstances other than those set out in, and without complying with, subsections (1) to (3) if the tribunal makes the order in accordance with the provisions of an Act that are in force on February 14, 2000. (7) Despite sections 5.1, 5.2 and 5.2.1, submissions for a costs order, whether under subsection (1) or under an authority referred to in subsection (6), shall be made by way of written or electronic documents, unless a party satisfies the tribunal that to do so is likely to cause the party significant prejudice. (8), (9) Repealed: