Amendments to the Construction Act

24 July 2019


The Authorized Nominating Authority ("ANA") under amendments to the Construction Act ("Act") coming into force for contracts entered into or procured after October 1, 2019 has been designated to ADR Chambers Inc.

A link to the government announcement can be found here.

We have long suspected that the government would not create a separate new body to form the ANA but rather rely upon an experienced alternative dispute resolution provider such as ADR Chambers Inc.

As described in the government announcement, ADR Chambers Inc. acting as the authority will provide:

  1. A website to enable parties to learn about adjudication;
  2. Oversee training programs for adjudicators;
  3. Qualify individuals who meet the prescribed requirements as adjudicators;
  4. Maintain the fee schedule, code of conduct and complaints procedure for adjudication;
  5. Appoint adjudicators where parties cannot agree to same; and
  6. Publish educational materials regarding the adjudication process.

Gowling WLG welcomes this news. We have a dedicated website to the changes to the Construction Act and reforms to construction legislation across the country. We are excited to continue working with ADR Chambers Inc. now acting as the authority in serving the needs of the construction industry.

Full details of adjudication, its impact and process ease can be found in several articles already posted to our website.

Gowling WLG will be once again hosting our annual Adjudication Workshop on September 26, 2019 on the new Ontario adjudication rules coming in October, drawing on experience from counsel who currently practice adjudications as both counsel and adjudicator, as well as outside adjudicators. Stay tuned for more details or visit our website for registration.

Gowling WLG has also developed a rapid response team to assist clients in adjudication so that they can be prepared for the sweeping dispute resolution changes to come in Ontario October 1, 2019.

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