Certification Process
Adjudicator Application Process
Do you have 10 years or more experience in the construction industry and an interest in dispute resolution? Consider applying to become a certified CanDACC Adjudicator. Anyone who wants to adjudicate construction disputes under the Federal Prompt Payment for Construction Work Act (the “Act”) must be a CanDACC-certified Adjudicator.
No, all disputes referred to adjudication under the Act must be heard by a certified CanDACC Adjudicator.
No, all adjudications under the Act must proceed through CanDACC. Pursuant to the Code of Conduct, Adjudicators must share the full fee for all construction adjudications conducted pursuant to the Act with CanDACC, whether the Adjudicator is appointed by CanDACC or selected directly by the Parties.
Eligibility Criteria
To be eligible to receive a Certificate to adjudicate, a potential adjudicator must meet the criteria as set out in s. 5 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution), which states:
5 An individual must meet the following eligibility criteria in order to be designated as an adjudicator:
(a) they must be an accredited member in good standing with the Adjudicator Authority;
(b) they must have at least 10 years of relevant working experience in the construction industry;
(c) they must not have been convicted of an indictable offence in Canada or of a comparable offence outside of Canada;
(d) they must not be an undischarged bankrupt; and
(e) they must have the appropriate level of security clearance to address the dispute.
CanDACC is required to develop and provide initial training and continuing education for all Adjudicators and ensure that all Adjudicators meet all eligibility and criteria set out in s. 4 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution).
CanDACC has developed a training program in partnership with the Stitt Feld Handy Group. There is an online and live component (offered virtually) to the training program (the “Program”). Adjudicator applicants must complete both the online and in-person training components before applying for certification. For more information and to register for the Program, please visit the following link: https://sfhgroup.com/candacc-program/.
CanDACC is also responsible for issuing, renewing, suspending, or cancelling certifications for Adjudicators.
For information on certification process fees visit the following link: Fees Payable by Adjudicator.
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, general contractor, arbitrator, or lawyer. Applicants will be required to present a letter of reference from someone who can attest to the applicant’s construction experience.
Adjudicator Training Program
CanDACC is responsible for training Adjudicators and has developed a training program in partnership with the Stitt Feld Handy Group. The training program is called the Construction Adjudication and CanDACC Orientation Program (the “Program”). There is an online and live interactive component (offered virtually) to the Program. The online component can take between two to six hours to complete. The in-person component takes place over two full days. Those who wish to apply for certification must complete both the online and live interactive training components before applying for certification. All training in adjudication is helpful but no alternative training or experience can alleviate the requirement to complete the Program. For more information and to register for the Program, please visit the following link: https://sfhgroup.com/candacc-program/.
Submitting Applications for Certification
After completing the Program, adjudicator applicants may apply to CanDACC for certification. CanDACC will not accept any applications from adjudicator applicants before they have completed the Program (both the online and live interactive components). In order to apply, an adjudicator applicant should email CanDACC at authority@candacc.ca stating the date that the adjudicator applicant completed the in-person training Program and that they would like to receive an application package. The adjudicator applicant will receive two documents: an application package and evaluation questions. Details on both documents are set out below. The completed documents should be submitted to authority@candacc.ca.
The Application Package will ask adjudicator applicants for the following information:
· Contact details.
· The hourly rate at which the adjudicator applicant would like to conduct adjudications. Each Adjudicator sets their hourly rate at one of the following: $150/hour, $300/hour, $450/hour, $600/hour, or $750/hour. Once certified, Adjudicators will be able to modify their hourly rates.
· The fixed fee rates for which the adjudicator applicant is willing to conduct adjudications. The adjudicator applicant can select all, none, or one of the fixed fee rates ($2,000 or $4,000). For more information on fixed fees please see: Schedule of Fees.
· The languages in which the adjudicator applicant is able to adjudicate.
· The number of years of relevant working experience in the construction industry.
· The adjudicator applicant’s construction experience.
· The adjudicator applicant’s experience as a neutral in adjudications or arbitrations.
· The adjudicator applicant’s experience as a party in adjudications or arbitrations.
· The geographical areas that the adjudicator applicant is willing to adjudicate in without charging for travel time or disbursements.
· Payment of $250 plus applicable taxes for the Qualification Examination Fee.
· The Adjudicator Declarations, which include but are not limited to, assertions that the adjudicator applicant:
· is eligible to be a certified Adjudicator as set out in s. 5 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution);
· agrees to comply with the Code of Conduct, a copy of which can be found here: Code of Conduct; and
· will obtain the requisite insurance. All certified adjudicators must have Errors and Omissions insurance for their work as an adjudicator of at least $5 million per occurrence and in the aggregate.
· A resume that provides details about the adjudicator applicant’s ten 10 years (minimum) of relevant working experience in the construction industry. The resume should be in paragraph form and should not be longer than two pages.
· A letter of reference from someone who can attest to the adjudicator applicant’s construction experience.
Answering evaluation questions is mandatory for all applicants who wish to be certified as CanDACC Adjudicators. Adjudicator applicants will be asked to, among other things, answer test questions, and draft sample determinations. CanDACC will assess the responses to determine, among other things, whether the adjudicator applicant is able to write clear, concise Determinations based on the evidence presented to them.
Results of Application for Certification
CanDACC will review all applications and determine which adjudicator applicants receive a Certificate. CanDACC’s decision will be based on the applicant’s qualifications, the demand for adjudication services, and the answers to the Evaluation Questions.
Some applicants will be approved to be added to the Registry if and when the demand for adjudication requires CanDACC to increase the size of the Adjudicator Registry. These applicants will be placed on a waiting list. If and when an applicant is moved from the waiting list to the Adjudicator Registry, the applicant will be notified. CanDACC will not be able to estimate when an applicant on the waiting list will be placed on the Adjudicator Registry. If the need for Adjudicators increases, CanDACC will decide which adjudicator applicants to add to the Adjudicator Registry based on CanDACC’s responsibility to maintain a suitable Registry (as opposed to the order in which the applications were received or approved).
Adjudicator Appointment and Certification
Certified Adjudicators will be notified via email once they are added to the Registry. Once certified, Adjudicators will have to:
· Create an online profile on CanDACC’s Custom System. Their profile will be displayed in the public Adjudicator Registry and be accessible to Parties and their Representatives who search for Adjudicators;
· Send CanDACC confirmation of their Errors and Omissions insurance; and
· Participate in yearly continuing training programs. Further details will be made available here: Continuing Training Programs.
Further details about the above steps will be communicated to Adjudicators via email.
FAQs
No. The Program is mandatory for all applicants who wish to be certified as CanDACC Adjudicators. No alternative training or experience can alleviate the requirement to complete the Program.
Adjudicator applicants may submit applications at any time after completing the Program.
CanDACC will certify as many applicants as are needed to meet the needs of the adjudication program. There is no pre-determined number.
No, there is no cap on the number of Adjudicators on the Adjudicator Registry.
Not everyone who applies will get on the Adjudicator Registry. Adjudicator applicants must answer test questions and draft sample Determinations (among other things). CanDACC assesses the responses to determine, among other things, whether adjudicator applicants are able to write clear, concise Determinations based on the evidence presented to them and to what degree they meet the other requirements for eligibility.
The disputing Parties can appoint the Adjudicator of their choice (presumably based on the Adjudicator’s background and billing rates) if they can agree on an Adjudicator. If the Parties cannot agree on an Adjudicator, an Adjudicator will be appointed by CanDACC. For information on the Adjudicator selection process please see: Selecting an Adjudicator.
Yes. The disputing Parties can select the Adjudicator of their choice (presumably based on their background and billing rates). If the Parties cannot agree on an Adjudicator, an Adjudicator will be appointed by CanDACC. For information on the Adjudicator selection process please see: Selecting an Adjudicator. It is possible a certified Adjudicator will never be appointed to adjudicate.
CanDACC does not know how many adjudications will occur pursuant to the Act each year.
No. Adjudicators will not be employed by CanDACC. Adjudicators will be independent contractors.
Yes. CanDACC expects that most (if not all) of the Adjudicators will have other work.
CanDACC will attempt to collect retainers from the Parties and will pay the adjudicators on the 15th of the month after the conclusion of the adjudication or after the fees are received, whichever is later.
Yes. Adjudicators will be able to modify their hourly rates and change their decisions about which fixed fee rates to accept for adjudications.
Certified Adjudicators must obtain Errors and Omissions insurance for their work as adjudicators of at least $5 million per occurrence and in the aggregate. This level of coverage is the market norm for individuals conducting arbitrations.
Yes. Adjudicators who also plan on being involved in CanDACC cases in a capacity other than as an Adjudicator (i.e. as a representative, lawyer, expert, or advisor) will be listed on the Adjudicator Registry and may be appointed by the Parties, but CanDACC will not appoint them to cases where the Parties do not agree on an Adjudicator. The reason is that Parties should not be placed in a position where someone on the other side of an adjudication in one case could be appointed as their Adjudicator in a future case (even if there is no conflict of interest).
