Determinations

The Adjudicator will render a written Determination with reasons within 20 days after the day on which the Respondent’s statement of facts it intends to rely and copies of any material it wishes the Adjudicator to consider (the “Response to Notice of Adjudication”) are received or, if there is no Response to Notice of Adjudication, within 20 days after the day on which the Respondent’s Response to Notice of Adjudication was to be provided, pursuant to s. 22(1) and 23 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution).

FAQ: Does CanDACC have a template form of Determinations?

Yes, CanDACC has a template form of Determinations. The template will be shared with certified Adjudicators.

Effect of Determination

A Determination is binding on the Parties to the dispute unless the Parties come to a written agreement otherwise, or the Determination is set aside by a court order or arbitral award (s. 18(2) of the Federal Prompt Payment for Construction Work Act).

Downloading the Determination

The Adjudicator will share the Determination with the Parties electronically through the “Determination” tab on CanDACC’s Custom System. Once the Determination is completed, the Parties will receive an email advising them that the Determination is available on CanDACC’s Custom System. The Determination can be downloaded from the Determination tab by clicking on the link that appears in the box called “Determination”.

Extending the Deadline to Make a Determination

The Due Date may be extended for up to five days by the Adjudicator, or for a longer period with the consent of all Parties and the Adjudicator, in accordance with s. 22(2) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution).

To request a Due Date extension (a “Request”), the Adjudicator must click on the “Request Determination Extension” button below the name of the adjudication on CanDACC’s Custom System. This button will be available after the Claimant submits its documents.

If a Request for a Due Date extension for longer than five days is submitted, the Parties and the Adjudicator will receive an email asking them to respond to the Request. If everyone agrees to the Request, the Due Date will be extended by the number of days that was indicated in the Request. If the Request is rejected, another Request may be submitted through CanDACC’s Custom System.

Certified Determinations

A certified Determination is a certified copy of the Determination that a Party can file in court to enforce the Determination as if it were an order of the court. Section 19 of the Federal Prompt Payment for Construction Work Act states:

19 (1) If a party that is to pay for construction work under its contract is ordered by the adjudicator to make a payment, the party must make the payment no later than the 10th day after the day on which it received the adjudicator’s determination, or within any other time limit set out in the determination.

(2) If the party that is ordered to make the payment fails to do so within the applicable time limit, the party that is to be paid may

(a) suspend further construction work without this constituting a breach of the terms of its contract; and

(b) file in the Federal Court or a superior court of a province, as the case may be, a certified copy of the adjudicator’s determination within two years after the day on which that determination was received.

(3) On the certified copy being filed, the determination becomes and may be enforced as an order of the Federal Court or superior court of a province, as the case may be.

CanDACC will provide a certified Determination to the Parties, through the Determination tab on CanDACC’s Custom System, within five days after the day on which a Determination is made in accordance with s. 25 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution). The Parties will receive an email once the certified Determination is available on CanDACC’s Custom System. The certified Determination can be downloaded from the Determination tab by clicking on the link that appears in the box called “Certified Determination”.

Certification Fee

Pursuant to ss. 25 and 26(2)(b) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution), CanDACC will provide a certified copy of the Determination to the Parties. The fee charged by CanDACC for the certification (the “Certification Fee”) will be as follows:

$0 where the amount claimed in the Notice of Adjudication is less than $50,000; and
$100 (plus applicable taxes), where the amount claimed in the Notice of Adjudication is $50,000 or more.

Only one Certification Fee is payable for each Determination and the Parties to the adjudication will split the Certification Fee equally, unless the Adjudicator orders otherwise.

There will be no additional cost for certifying Determinations that are amended pursuant to s. 26 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution).

Correcting Determinations

Adjudicators can make changes to a Determination to correct typographical or similar errors. Corrections to Determinations must be made no later than five days after the day on which the Determination is provided to the Parties.

If a Party would like to suggest a correction to the Adjudicator, that Party can message the Adjudicator through CanDACC’s Custom System, as outlined here: Sending Messages to the Adjudicator.

If a Determination is corrected, the corrected version will be made available on the Documents tab of CanDACC’s Custom System. For further information on the Documents tab, please refer to the following link: Supporting Documents. CanDACC will provide a certified copy of the corrected Determination within five days after the making of the change.

For further information on correcting Determinations, please refer to s. 26 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution).