Ontario’s Construction Act, R.S.O. 1990, c. C. 30, (the “Act”) was recently amended to establish an interim adjudication regime for construction contract disputes in Ontario. As a result, there are opportunities for qualified individuals to act as adjudicators for construction adjudications.
Ontario Dispute Adjudication for Construction Contracts (“ODACC”) has been appointed as the Authorized Nominating Authority (the “ANA”) under the Act. As the ANA for construction adjudication in Ontario, ODACC is responsible for overseeing and administering the statutory adjudication regime. ODACC has designed a number of processes and procedures to govern and assist adjudicators and to manage adjudications under this regime. ODACC is also responsible for developing and providing this training program and on-going training for people who are interested in becoming adjudicators under the Act. Finally, ODACC is responsible for evaluating interested applicants for the role of adjudicator under the Act.
The Construction Adjudication and ODACC Orientation Program (the “Program”) has an online component and a two-day in-person component. The Program has been designed to provide participants with:
- Information regarding the scope and purpose of interim adjudication under the Act;
- An understanding of the types of disputes that can and cannot be adjudicated;
- An understanding of the role of the adjudicator under the Act;
- Information regarding the practical aspects of the adjudication process (such as timelines);
- Guidance on managing the adjudication process;
- An understanding of the Adjudicators’ Code of Conduct;
- Information regarding the fee structure for adjudications;
- An overview of the process by which ODACC will appoint adjudicators if the parties have failed to select an adjudicator;
- An introduction to the secure electronic system that ODACC adjudicators will be required to use; and
- Guidance to help adjudicators avoid common mistakes that might lead to breaches of the Adjudicators Code of Conduct or determinations being overturned on judicial review.
Who Should Attend?
This Program is designed for anyone interested in becoming an adjudicator for construction contract disputes or for anyone who simply wishes to know more about the new interim adjudication regime.
- Learn more about the new adjudication regime;
- Learn how to function effectively as an adjudicator;
- Learn more about the processes and fees associated with the new regime; and
- Meet the requirements for training to become a construction adjudicator.*
* Please note that the Construction Adjudication and ODACC Orientation Program is not a substitute for the 10 years of construction experience that adjudicator applicants must have to be qualified to apply for a certificate of qualification to adjudicate for ODACC.
Space is limited
The ODACC in-person training is limited to 40 people for each session. Registrations are confirmed when payment is received. Courses will be filled on a first-come, first-served basis. We regret that we cannot hold a reservation in a training program pending payment.
Adjudicator Application Process
All 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 criteria as set out in the Regulations (details of which can be found at https://odacc.ca/en/adjudicators/certification-process/).
For more information about ODACC and the application process to become an ODACC adjudicator, please contact ODACC at firstname.lastname@example.org.