79Seeking approvals regarding counsel rates

79  Seeking approvals regarding counsel rates

 (1) If an engaging entity seeks an approval mentioned in section 75, it must:

 (a) request that approval as far as possible in advance of the scheduled date for the delivery of a brief to counsel; and

 (b) direct the request to OLSC.

 (2) In deciding a request to pay counsel above a rate specified in section 75, the following factors will be taken into account:

 (a) the special expertise or skill of the counsel who is proposed to be engaged;

 (b) the availability of counsel generally to appear in the matter;

 (c) the probable total cost of counsel’s fees in the matter;

 (d) the specific request of an engaging entity that a particular person be engaged and the reasons for that preference;

 (e) the importance of the matter, including any special sensitivity;

 (f) the normal market daily rate at which the relevant counsel is briefed.

 (3) If:

 (a) an engaging entity has obtained an approval to pay a daily rate in excess of a limit in subsection 75(1); and

 (b) the approval describes that rate as a “one‑off” rate;

the entity must, if it seeks to pay that rate to the same counsel in a subsequent case, seek a further approval in accordance with this section.