ADR Chambers is the Authorized Nominating Authority (the “ANA”) in Ontario. The role of the ANA is set out in the Construction Act, R.S.O. 1990, c. C.30, as amended (the “Act”) and the Ontario Regulation 306/18 (the “Regulations”). The ANA administers a fast and cost-effective adjudication regime for payment disputes in construction contracts. The ANA will be known as Ontario Dispute Adjudication for Construction Contracts (“ODACC”) and its services will be available across Ontario.
The Act and Regulations establish a dispute adjudication regime for construction contract disputes in Ontario. ODACC will commence operation on October 1, 2019. Parties to construction contracts may refer payment disputes to ODACC adjudicators for expedited determinations. ODACC oversees and administers the statutory adjudication regime.
Key goals of ODACC include:
- Proportionality in the conduct of an adjudication, and the desire to avoid excess expense (that is, the cost of the process should be proportionate to the amount in dispute);
- Civility, procedural fairness, competence, and integrity in the conduct of adjudications; and
- Ensuring that the duties performed within the adjudication processes are exercised consistently, impartially, and efficiently.
More information on the adjudication regime can be obtained from the following link: ODACC website.
Adjudicator Application Process
ODACC invites individuals to apply to become ODACC adjudicators. Adjudicators for ODACC must hold a valid certificate of qualification to adjudicate (a “Certificate”) issued by ODACC.
To be eligible to hold a Certificate, an adjudicator applicant must meet the following criteria:
- Declare that he or she is not an undischarged bankrupt and has not been convicted of an indictable offence in Canada or of a comparable offence outside of Canada;
- Demonstrate to ODACC that the adjudicator applicant has at least 10 years of relevant working experience in the construction industry. Examples of relevant working experience in the construction industry may include experience working in the industry as an accountant, architect, engineer, quantity surveyor, project manager, arbitrator, or lawyer;
- Declare that he or she will abide by the requirements for holders of the Certificate set out in section 4 of the Regulations, which include:
- Successful completion of the training programs and continuing training programs offered by ODACC;
- Compliance with the ODACC Adjudicators’ Code of Conduct;
- Providing proof of eligibility to hold a Certificate on ODACC’s request;
- Immediately notifying ODACC if he or she ceases to be eligible to hold a Certificate;
- Maintaining any records required by ODACC and reporting the information contained in the records to ODACC, on ODACC’s request;
- Paying ODACC the required fees, costs or charges for training and qualification as an adjudicator; and
- Declare that he or she will comply with the Act and Regulations, and with any further direction or requirements of ODACC.
Adjudicator applicants must complete the following two-step application process:
Step 1 – Construction Adjudication and ODACC Orientation Program
Every adjudicator applicant must complete the orientation program offered by ODACC. All training in adjudication is helpful but no other alternative training or experience can alleviate the requirement to complete ODACC orientation program. For more information and to register for the program, please click on the following link: https://sfhgroup.com/odacc-program/.
Step 2 – Evaluation Process for Adjudicator Applicants
Adjudicator applicants must complete the ODACC online quality evaluation process and may be required to submit a video to demonstrate their ability to conduct adjudications.
After the completion of the evaluation process, the adjudicator applicant must provide ODACC with a completed Adjudicator Application Form, Adjudicator Declarations, and a resume that provides details about the adjudicator applicants’ 10 years (at least) of relevant working experience in the construction industry. Examples of relevant working experience in the construction industry may include experience working in the industry as an accountant, architect, engineer, quantity surveyor, project manager, arbitrator, or lawyer. The application must also include a letter of reference confirming the adjudicator applicant’s experience in the construction industry.
The Adjudication Application Form can be found by clicking on the following link: Adjudicator Application Form. The form and accompanying documents must be submitted to firstname.lastname@example.org. ODACC will then review all applications and determine which applicants are entitled to receive a Certificate. Determinations will be made based on qualifications, need, and the results of the evaluation process.
For more information about ODACC and the application process to become an ODACC adjudicator, please contact ODACC at email@example.com.