Ontario Dispute Adjudication for Construction Contracts (“ODACC”) is the Authorized Nominating Authority (the “Authority” or “ANA”) under the Construction Act, R.S.O. 1990, c. C.30, as recently amended (the “Act”) that administers and oversees the adjudication of construction disputes in the province of Ontario. The Act, together with Ontario Regulation 306/18 (the “Regulations”), establishes a dispute adjudication regime for construction contract disputes in Ontario, which came into force on October 1, 2019. Under this statutory adjudication regime, Parties of payment disputes related to a construction contract may refer such payment disputes to third party Adjudicators for expedited determination. A Determination in a Party’s favour should ultimately result in payment to that Party by the other Party. Adjudicators hold certificates of qualification to adjudicate issued by ODACC.
All adjudications that are commenced under the Act must proceed through ODACC. “A party to a contract or subcontract who gives a notice of adjudication under subsection 13.7 (1) of the Act shall, on the same day, provide a copy of the notice in electronic format to the Authority” (s. 16 of the Regulations). After the Adjudicator makes his Determination, ODACC will provide a Certified Determination to the Parties seven days following the making of the Determination (s. 22.(1)(b) of the Regulations).
For further information, please visit the links below:
The Construction Act, R.S.O. 1990 c. C.30 can be found here: https://www.ontario.ca/laws/statute/90c30#BK43
Ontario Regulation 306/18: can be found here: https://www.ontario.ca/laws/regulation/180306#BK21