O. Reg. 109/19: ADJUDICATIONS UNDER PART II.1 OF THE ACT
filed May 23, 2019 under Construction Act, R.S.O. 1990, c. C.30
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made under the
Construction Act
Made: May 2, 2019
Filed: May 23, 2019
Published on e-Laws: May 23, 2019
Printed in The Ontario Gazette: June 8, 2019
Amending O. Reg. 306/18
(ADJUDICATIONS UNDER PART II.1 OF THE ACT)
1. Paragraph 5 of subsection 3 (2) of Ontario Regulation 306/18 is revoked and the following substituted:
5. The individual pays to the Authority the required fees, costs or charges for training and qualification as an adjudicator.
2. Clause 4 (f) of the Regulation is revoked and the following substituted:
(f) pay to the Authority the required fees, costs or charges for training and qualification as an adjudicator; and
3. The heading before section 6 of the Regulation is amended by adding “and Powers” after “Duties”.
4. (1) Subsection 7 (1) of the Regulation is amended by striking out “subject to the approval of the Minister”.
(2) Subsections 7 (3) and (4) of the Regulation are revoked.
(3) Subsections 7 (5) and (6) of the Regulation are revoked and the following substituted:
(5) The Authority shall indicate on its website the effective date of every change it makes to the code of conduct, other than changes of a typographical or similar nature.
5. (1) Paragraph 1 of subsection 9 (1) of the Regulation is revoked and the following substituted:
1. Fees, costs or other charges set by the Authority under clause 13.3 (2) (a) of the Act.
(2) Subsection 9 (2) of the Regulation is amended by striking out “shall not charge a fee” and substituting “shall not require the payment of a fee, cost or other charge”.
(3) Section 9 of the Regulation is amended by adding the following subsection:
(2.1) Subsections (1) and (2) do not apply with respect to fees, costs or charges for the training of persons as adjudicators.
6. Clause 14 (1) (g) of the Regulation is amended by striking out “fees” and substituting “fees, costs or other charges”.
7. The Regulation is amended by adding the following section:
Administrative support
15.1 The Authority may provide administrative support services for the purpose of facilitating the conduct of adjudications.
8. The Regulation is amended by adding the following section:
Documents to adjudicator, party under s. 13.11 of the Act
16.1 (1) Unless the adjudicator directs otherwise, the documents required to be provided to the adjudicator or a party under section 13.11 of the Act shall be served on the adjudicator or party in a manner permitted under the rules of court for service of a document other than an originating process.
(2) The provision of documents by a party under clause 13.11 (b) of the Act is subject to the following requirements:
1. The documents shall be provided to the adjudicator together with the copy of the notice under clause 13.11 (a) of the Act.
2. The documents shall be provided to the other party or, in the case of a consolidated adjudication, to every other party, on the same day as they are provided to the adjudicator.
(3) As soon as possible after receiving all of the documents required to be provided to the adjudicator under section 13.11 of the Act, the adjudicator shall provide written confirmation to the parties of the date on which they were received.
9. Section 17 of the Regulation is revoked and the following substituted:
Response
17. (1) A party responding to a notice of adjudication shall provide copies of the response to the adjudicator, to the party who gave the notice of adjudication and, in the case of a consolidated adjudication, to every other party.
(2) Unless the adjudicator directs otherwise, the copies required to be provided to the adjudicator or a party under subsection (1) shall be served on the adjudicator or party in a manner permitted under the rules of court for service of a document other than an originating process.
(3) The response shall be provided no later than such day as the adjudicator may specify, but must be provided to the adjudicator and every other party on the same day.
10. Subsection 18 (2) of the Regulation is revoked and the following substituted:
(2) The contractor shall, as soon as possible after giving the last of the notices of consolidation under subsection (1), provide a copy of the notice in electronic format to the Authority.
11. Subsections 19 (4) and (5) of the Regulation are revoked and the following substituted:
(4) For the purposes of subsection 13.9 (4) of the Act, the reference to the day on which the notice of adjudication was given shall be read as a reference to,
(a) the day on which the parties to each of the adjudications agreed to the consolidation of the adjudications; or
(b) the last day of receipt by a party of a notice of consolidation given by the contractor under subsection 18 (1) of this Regulation.
(5) The requirement under section 13.11 of the Act, as modified by subsection 13.8 (3) of the Act, to provide documents to the adjudicator and to every other party applies with respect to each of the parties who gave the notice of adjudication in each adjudication being consolidated.
(6) For the purposes of subsections 13.13 (1) and 34 (10) of the Act, the day on which the documents required under section 13.11 of the Act are received by the adjudicator is the last day on which the adjudicator receives any such documents, as confirmed by the adjudicator in accordance with subsection 16.1 (3) of this Regulation.
12. (1) Clause 22 (1) (b) of the Regulation is amended by striking out “five days” and substituting “seven days”.
(2) Subsection 22 (2) of the Regulation is amended by adding “during the period referred to in clause (1) (b)” after “make such changes to the determination”.
13. (1) Subsection 24 (3) of the Regulation is amended by striking out “give” and substituting “provide”.
(2) Subsection 24 (6) of the Regulation is amended by striking out “give” and substituting “provide”.
Commencement
14. This Regulation comes into force on the later of the day subsection 62 (2) of the Construction Lien Amendment Act, 2017 comes into force and the day it is filed.