Frequently Used Terms
“Act” means the Federal Prompt Payment for Construction Work Act, S.C. 2019, c. 29, s. 387, as amended.
“Adjudicator” means an individual designated as an adjudicator by the Adjudicator Authority.
“Adjudicator Registry” means the directory of Adjudicators maintained by CanDACC.
“Adjudicator Authority” means the entity, designated under the Act, responsible for the designation of adjudicators, operating as the Canada Dispute Adjudication for Construction Contracts (“CanDACC”).
“Adjudicator Registry” means the publicly accessible list of Adjudicators maintained by CanDACC.
“CanDACC” means Canada Dispute Adjudication for Construction Contracts and is the Adjudicator Authority for the purposes of the Act.
“CanDACC Custom System” means the technology platform used by CanDACC to provide CanDACC services pursuant to the Act and Regulations.
“CanDACC Determination Guidelines” are the directions issued by CanDACC for the writing of Determinations for adjudications with the purpose of establishing clarity and consistency.
“Capital Repair” means any repair intended to extend the normal useful life or to improve the value or productivity of any real property or immovable, but does not include maintenance or repair work performed to prevent the normal deterioration or to maintain the normal, functional state of the real property or immovable.
“Certificate” means the certificate of qualification to adjudicate issued to an individual by CanDACC after the individual has met the eligibility and training requirements as set out by CanDACC, the Act, and the Regulations, has completed the Adjudicator evaluation, and been approved by CanDACC to be granted a Certificate.
“Claimant” means a Party to a contract or subcontract who refers a dispute to adjudication by giving a Notice of Adjudication to another Party.
“Code” means the CanDACC Adjudicators’ Code of Conduct.
“Confidential Information” means any information acquired by the Adjudicator in the course of or for the purposes of the adjudication process, whether or not it is identified as confidential, and whether recorded or not, and however fixed, stored, expressed or embodied, including, but not limited to, the names and contact information of the Parties, the facts of the dispute, and information relating to the dispute. Confidential information does not include information that is otherwise publicly available.
“Conflict of Interest” means a situation where an Adjudicator has a real or perceived interest, pecuniary or non-pecuniary, direct or indirect, sufficient to appear to influence the objective exercise of the Adjudicator’s duties. Conflicts of Interest include prior or current connections to the Parties, perceived or actual, and prior or current involvement in the matter. A real or perceived interest of an Adjudicator’s spouse, child, parent, or other close relative or person who is closely connected with the Adjudicator is considered the equivalent of an Adjudicator’s interest for the purpose of this definition.
“Consolidated Adjudication” means an adjudication in which related disputes are adjudicated together by a single Adjudicator.
“Construction Project” means one or more of the following elements required by a contract between a Contractor and His Majesty or a Service Provider:
a) The addition, alteration or capital repair to, or restoration of, any Federal Real Property or Federal Immovable;
b) The construction, erection or installation on any Federal Real Property or Federal Immovable, including installation of equipment that is essential to the normal or intended use of the Federal Real Property or Federal Immovable; or
c) The complete or partial demolition or removal of any Federal Real Property or Federal Immovable.
“Construction Work” means the supply of materials or services, including the rental of equipment, for the purposes of a Construction Project located in Canada.
“Contractor” means a party to a contract with His Majesty or a Service Provider under which that party is to perform construction work, but does not include such a party if they are the lessor or lessee of the real property or immovable to which the construction work relates.
“Determination” is the Adjudicator’s written award with reasons.
“Fees” are defined and set out in the Schedule of Fees.
“Federal Immovable” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act, that being: an immovable belonging to His Majesty, including an immovable of which His Majesty has the power to dispose.
“Federal Real Property” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act, that being: any real property belonging to His Majesty, including any real property of which His Majesty has the power to dispose.
“Harassment” includes, but is not limited to, engaging in a course of vexatious or unwanted comment or conduct that is known or ought reasonably to be known to be unwanted.
“Losses” mean liabilities, costs, damages and expenses (including legal, expert and consulting fees).
“Notice of Adjudication” means a written notice provided by a Claimant to a Respondent informing them that a dispute is to be determined by an Adjudicator.
“Page” means a sheet of letter-sized paper using 12-point font, double-spaced, with normal margins, containing either written text or up to four photographs, or a combination of written text and photographs.
“Party” means the Claimant or the Respondent in an adjudication proceeding.
“Parties” means the Claimant and the Respondent(s) in an adjudication proceeding.
“Pre-designed Adjudication Processes” are the two pre-designed adjudication processes, each with a set of predefined adjudication rules to be followed during the adjudication process if so ordered by the Adjudicator.
“Proper Invoice” means an invoice submitted under subsection 9(1) of the Act that meets the requirements under the Act as well as any other requirements set out in the contract between the contractor and His Majesty or a service provider that do not conflict with the requirements of the Act. In addition to meeting any requirements under the Act or set in the contract, a proper invoice must include the following information:
(a) the date of the invoice and the name, street and mailing address, telephone number and email address of the contractor that performed the construction work;
(b) the period during which the materials or services were supplied;
(c) the contract number or other authorization under which the materials or services were supplied;
(d) a description, including the quantity, if applicable, of the materials or services supplied;
(e) the amount payable for the services or materials supplied and the payment terms; and
(f) the name, title, street and mailing address, telephone number and email address of the person to which payment must be made.
“Regulations” means all Regulations promulgated under the Act, including the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) and Federal Prompt Payment for Construction Work Regulations (Criteria, Time Limits, Interest and Circumstances).
“Representative” means legal counsel for, or an authorized representative of, a Party.
“Respondent” means a Party to a contract or subcontract who receives a Notice of Adjudication from a Claimant.
“Service Provider” means a party to a contract with His Majesty under which that party is to provide His Majesty with services related to Federal Real Property or a Federal Immovable and may, for the purposes of fulfilling its obligations under that contract, enter into a contract with a person for the carrying out of a Construction Project, but does not include a party to such a contract if they are the lessor or lessee of the Federal Real Property or Federal Immovable.
“Social Media” means publicly available, third-party hosted, interactive web technologies used to produce, post and interact through text, images, video, and audio to inform, share, promote, collaborate, or network.
“Subcontractor” means
a) a party to a contract with a Contractor under which that party is to perform Construction Work; and
b) a party to a contract with any person – other than His Majesty, a Service Provider or the Contractor – under which that party is to perform Construction Work for the purposes of the same Construction Project for which the Construction Work referred to in paragraph (a) is to be performed.
Where appropriate, words importing the singular include the plural.
The references to a contract in the definitions of Contractor, Service Provider, and Subcontractor do not include a contract under which a party is to perform Construction Work as an employee.
