ODACC’s Duties and Powers

Section 13.3(1) of the Construction Act sets out ODACC’s duties, as follows:

13.3 (1) The Authority shall,

(a) develop and oversee programs for the training of persons as adjudicators;
(b) qualify persons who meet the prescribed requirements as adjudicators;
(c) establish and maintain a publicly available registry of adjudicators;
(d) appoint adjudicators for the purposes of subsection 13.9 (5); and
(e) perform any other duties of the Authority set out in this Part or that may be prescribed for the purposes of this Part.

Section 13.3(2) of the Construction Act sets out ODACC’s powers, as follows:

13.3 (2) The Authority may,

(a) subject to the regulations, set fees, costs or other charges related to the administration of adjudication under this Part, including fees, costs or charges for the training and qualification of persons as adjudicators or for the appointment of adjudicators, and require their payment; and
(b) exercise any other power of the Authority set out in this Part or that may be prescribed for the purposes of this Part.

Further duties and powers of ODACC are listed in sections 6 through 15.1 of Ontario Regulation 306/18. These additional duties and powers relate to:

• The Adjudicator Registry;
• The Adjudicators’ Code of Conduct;
• Training programs for Adjudicators;
• The Schedule of Fees;
• Complaints regarding Adjudicators;
• Educational materials;
• ODACC’s annual reports;
• Accessibility; and
• The administration of adjudications.