Jurisdiction and Powers
CanDACC will not administratively decide whether a matter was properly referred to adjudication. A Claimant may commence an adjudication and, as part of the adjudication process, request that the Adjudicator determine whether the Adjudicator has jurisdiction to decide the issue. A Respondent may also ask an Adjudicator to decide whether the Adjudicator has jurisdiction to decide the issue. An Adjudicator can make a determination regarding whether they have jurisdiction or not.
Disputes that can be Referred to Adjudication
Section 16(1) of the Federal Prompt Payment for Construction Work Act states that “if a contractor or subcontractor has not been fully paid for its construction work within the time limit for payment provided under this Act or, when applicable, the shorter time limit set out in its contract, that contractor or subcontractor may obtain from an Adjudicator a determination respecting any dispute over the non-payment by the party that is to pay it under the contract.”
Relationship between the Act, the Dispute Resolution Regulation, CanDACC Adjudicators’ Code of Conduct, and Contractual Provisions Pertaining to Adjudication
An adjudication must be conducted in accordance with the Federal Prompt Payment for Construction Work Act, the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution), CanDACC Adjudicators’ Code of Conduct, and any additional adjudication procedures that may be set out in the Parties’ contract.
Powers, Duties and Functions of Adjudicators
Pursuant to s. 6(1) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution), the Adjudicator has the following powers, duties and functions:
a) determine matters in the dispute in an impartial and independent manner;
b) not have any conflicts of interest in the dispute or with the parties;
c) ascertain the relevant facts and law;
d) issue directions respecting the scheduling of the conduct of the adjudication;
e) issue directions respecting any restrictions on the length of written or oral submissions;
f) request that any party provide any documents supporting or supplementing the notice of adjudication;
g) meet and question any of the parties and their representatives;
h) on consent of the parties and subject to any third- party consents, make any site visits or inspections;
i) on consent of the parties and subject to any third- party consents, carry out any tests or experiments;
j) on consent of the parties, appoint any experts or assessors necessary to better determine any fact or issue in the dispute;
k) draw inferences based on the conduct of the parties prior to and during the adjudication; and
l) issue any other directions so as to promote the expeditious resolution of the adjudication.
If a Party does not comply with any request or direction issued by the Adjudicator, the Adjudicator may continue the adjudication in the absence of that Party and make a decision on
the basis of any available information or evidence (s. 6(2) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution)).
