Selecting an Adjudicator
Adjudicator Registry
CanDACC is responsible for certifying Adjudicators and for maintaining a publicly accessible list of Adjudicators, including their qualifications (s. 4 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution)). Only Adjudicators listed in the Adjudicator Registry are permitted to conduct adjudications and make Determinations under the Federal Prompt Payment for Construction Work Act. To obtain a list of certified Adjudicators, please visit the Adjudicator Registry available here: Adjudicator Registry.
For each Adjudicator, the Adjudicator Registry lists:
- Contact information;
- Geographical areas where the Adjudicator agrees to travel without travel time or disbursement charges;
- Education;
- Profession(s);
- Professional bodies in which the Adjudicator is a member in good standing;
- Years of experience;
- Language(s) spoken;
- The hourly rate at which the Adjudicator will conduct CanDACC adjudications;
- The fixed fee rates for which the Adjudicator is willing to conduct CanDACC adjudications. For further information on fixed fee rates, please refer to: Schedule of Fees;
- A biography detailing areas of expertise in the construction industry; and
- The period of validity of the Adjudicator’s certificate.
FAQ: Can certified Adjudicators conduct adjudications without notifying CanDACC?
No. All certified Adjudicators must notify CanDACC of all the adjudications they conduct. All adjudications that are commenced under the Federal Prompt Payment for Construction Work Act must proceed through CanDACC.
How to Appoint an Adjudicator
There are two ways that an Adjudicator may be appointed to determine a dispute: the Parties may jointly appoint the Adjudicator or either Party may request that CanDACC appoint the Adjudicator.
1) To jointly appoint an Adjudicator, the Parties must communicate in writing with the Adjudicator within four days after the day on which the Notice of Adjudication is received. The Adjudicator then has four days after the day on which the request for adjudication is received to consent or refuse to act as Adjudicator. If the Adjudicator refuses to adjudicate, the Parties may jointly reach out to a second Adjudicator (ss. 13 and 14 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) and s. 17(1) of the Federal Prompt Payment for Construction Work Act); or
2) Either Party may request, in writing, that CanDACC appoint an Adjudicator. CanDACC must appoint an adjudicator within five days after the day on which the appointment request is received (s. 15 of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) and s. 17(2) of the Federal Prompt Payment for Construction Work Act).
Below is an outline of the Adjudicator selection process.
Step 1: Claimant Proposes an Adjudicator in the Notice of Adjudication
On the Notice of Adjudication, the Claimant must indicate the name of a proposed Adjudicator from the CanDACC Adjudicator Registry to conduct the adjudication.
Step 2: Respondent’s Response to Claimant’s Proposed Adjudicator
When the Respondent reads the Notice of Adjudication, the Respondent will see the name of the Claimant’s proposed Adjudicator. In the Respondent’s Adjudicator Selection Form through CanDACC’s Custom System, the Respondent may select one of the following three options:
1.The Respondent may agree to select the Claimant’s proposed Adjudicator.
The Respondent would then indicate in its Respondent’s Adjudicator Selection Form that it accepts the Claimant’s proposed Adjudicator. The proposed Adjudicator will then receive an email asking the Adjudicator whether they consent to conduct the adjudication. Further details about obtaining an Adjudicator’s consent are outlined below at: Obtaining an Adjudicator’s Consent;
2. The Respondent may propose a different Adjudicator.
If the Respondent proposes a different Adjudicator than the Claimant had proposed, the Parties will engage in the Adjudicator Selection Process through CanDACC’s Custom system, as outlined below; or
3. The Respondent may ask CanDACC to appoint the Adjudicator.
If the Respondent asks CanDACC to appoint an Adjudicator, CanDACC will appoint an Adjudicator within five days after the day on which the appointment request is received (as required by s. 15(2) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution)). Further details about CanDACC’s appointment process are outlined below at: CanDACC Appointed Adjudicator.
Step 3: Adjudicator Selection Process
If the Respondent proposes a different Adjudicator than the one proposed by the Claimant, the Claimant will receive an email asking the Claimant to log in to CanDACC’s Custom System to see the name of the Respondent’s proposed Adjudicator. The Claimant will respond in one of three ways:
1.“I agree to the Adjudicator suggested by the Respondent to conduct the adjudication.”
- If the Claimant agrees to select the Adjudicator proposed by the Respondent, the proposed Adjudicator will receive an email asking the Adjudicator whether they consent to conduct the adjudication. Further details about obtaining an Adjudicator’s consents are outlined below at: Obtaining an Adjudicator’s Consent.
2. “I would like to suggest a different Adjudicator to conduct the adjudication.”
- If the Claimant wants to suggest a different Adjudicator from the one proposed by the Respondent (and different from the one originally proposed by the Claimant), the Claimant will be able to select an Adjudicator from a drop-down list on the Adjudicator Selection page. After the Claimant clicks the “Submit” button, the Respondent will receive an email asking the Respondent to log in to CanDACC’s Custom System to view the name of the proposed Adjudicator. The Respondent will have access to the Adjudicator Selection page and will be able to select one of the three options that was previously available to the Claimant.
3. “I request CanDACC to appoint an Adjudicator to conduct the adjudication.”
- If the Claimant requests that CanDACC appoint an Adjudicator, CanDACC will then appoint an Adjudicator within five days (as required by s. 15(2) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution)). Further details about CanDACC’s appointment process are outlined below at: CanDACC Appointed Adjudicator.
Appointment of an Adjudicator
The Parties may jointly appoint the Adjudicator or, if the Parties cannot jointly appoint an adjudicator, either Party may request that CanDACC appoint an Adjudicator. The Adjudicator Selection page will be available to the Parties within the first four days after the Respondent is provided with the Notice of Adjudication. If CanDACC receives a request to appoint the Adjudicator, it will make the appointment within five days, as required by s. 15(2) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution). Further details about CanDACC’s appointment process are outlined below. In either circumstance, whether the Parties jointly appoint an Adjudicator or an Adjudicator is appointed by CanDACC, both Parties will be required to consent to the terms of the Adjudication Agreement.
Adjudicator Appointment if the Respondent Does Not Submit a Respondent’s Adjudicator Selection Form
If the Respondent does not submit a Respondent’s Adjudicator Selection Form through CanDACC’s Custom System within four days of being provided with the Notice of Adjudication, either Party may request, in writing, that CanDACC appoint an Adjudicator.
CanDACC will then appoint an Adjudicator within five days of the request, as required by s. 15(2) of the Federal Prompt Payment for Construction Work Regulations (Dispute Resolution). Further details about CanDACC’s appointment process are outlined below at: CanDACC Appointed Adjudicator.
FAQ: Will CanDACC appoint the Claimant’s proposed Adjudicator if the Respondent does not submit a Respondent’s Adjudicator Selection Form?
No. CanDACC will not appoint the Claimant’s proposed Adjudicator if the Respondent does not submit a Respondent’s Adjudicator Selection Form. CanDACC will appoint an Adjudicator in accordance with the rules outlined below at: CanDACC Appointed Adjudicator.
FAQ: If the Respondent does not complete a Respondent’s Adjudicator Selection Form, but the Parties agree on an Adjudicator, will CanDACC appoint the Adjudicator that the Parties selected?
Yes. If the Respondent does not complete the Respondent’s Adjudicator Selection Form, but the Parties agree on an Adjudicator, CanDACC will appoint the Adjudicator that the Parties selected provided the Adjudicator has no conflict of interest and consents to being appointed. Both Parties should email CanDACC at support@candacc.ca indicating that they agree on an Adjudicator and that CanDACC will then invite the Adjudicator to the adjudication.
FAQ: What happens if the Parties do not agree on an Adjudicator and neither Party asks CanDACC to appoint an Adjudicator?
If 30 days have passed since the Notice of Adjudication was received and there has been no agreement on an Adjudicator and neither Party has asked CanDACC to appoint an Adjudicator, CanDACC will close the adjudication file.
Obtaining an Adjudicator’s Consent to Conduct the Adjudication
After the Parties agree on an Adjudicator, the Adjudicator will receive an email requesting that the Adjudicator consent or refuse to conduct the adjudication.
If the Adjudicator consents to conduct the adjudication, the Parties will receive an email advising them that the Adjudicator has consented to conduct the adjudication. If the Parties log in to CanDACC’s Custom System, they will be able to view the Adjudicator’s contact details on the “Adjudicator” tab.
If the Adjudicator does not consent to conduct the adjudication, both Parties will be notified via email and the Parties may jointly appoint a second Adjudicator or either Party may request that CanDACC appoint an Adjudicator.
CanDACC Appointed Adjudicator
If CanDACC is asked to appoint an Adjudicator, CanDACC will appoint an Adjudicator within five days after the day on which the appointment request is received. Within two days after the day on which the Adjudicator consents to adjudicate, CanDACC will inform the Parties of the date of that Adjudicator’s consent to their appointment, as well as the Adjudicator’s contact information.
CanDACC will consider the following factors when appointing an adjudicator:
- matching the issue in dispute with the expertise of the Adjudicator
- the amount in dispute and fee charges by the Adjudicator (to have the Adjudication Fee be proportionate to the amount in dispute);
- the availability of the Adjudicator; and
- any other appropriate factor (e.g. language, whether the adjudicator has a conflict of interest, etc.).
FAQ: Will CanDACC consider the Parties’ list of preferred Adjudicators when making appointments?
No. CanDACC will not consider the Parties’ preferences when appointing an Adjudicator.
FAQ: If the Parties agree on an Adjudicator after they have asked CanDACC to make an appointment but before the appointment is made, will CanDACC appoint that Adjudicator?
Yes. If all of the Parties agree on one Adjudicator and CanDACC has not yet appointed an Adjudicator, all the Parties may contact CanDACC at support@candacc.ca to request that CanDACC appoint that Adjudicator and CanDACC will appoint that Adjudicator.
FAQ: If the Parties agree on a different Adjudicator after CanDACC has appointed an Adjudicator, who will be the Adjudicator?
If the Parties agree on a different Adjudicator after CanDACC has already appointed an Adjudicator, the Adjudicator appointed by CanDACC will be the Adjudicator.
