The PPCLA legislation and regulation uses the terms “days” and “calendar days” to outline the adjudication process. Note that under the legislation “Calendar days” excludes weekends and most recognized holidays. The 11-step process below only uses the word “days”, noting that in most cases (but not all), this refers to working days. A notable exception is Regulation 26(1) [Step 4] where ARCANA(AB) believes that the legislated intent is 30 straight days – i.e. including weekends and holidays. For added clarity, refer to the legislation. https://kings-printer.alberta.ca/570.cfm?frm_isbn=9780779861354&search_by=link
Timing – within 4 days of the delivery of the Notice of Adjudication, at which time the Admin fee must be paid if applicable based on the tier. For the payment of Admin Fee, please contact: arcana@adralberta.com
Step 1 – Commencement
Action – The Applicant delivers a Notice of Adjudication to the Respondent and the Nominating Authority in the required form.
Includes a brief description of the dispute being submitted to for adjudication, details of the preferred adjudicator and the redress sought (usually expressed to include a dollar value).
Step 2 – Select an Adjudicator (or not)
The parties are encouraged to communicate with one another during this four-day period and, where possible, mutually agree on the appointment of an Adjudicator. To support this process, the parties are encouraged to identify and exclude any Adjudicators who may have a conflict of interest or who may otherwise be less suitable for the dispute in question. Similarly, any party may communicate its preferences regarding the appointment of an Adjudicator.
Direct written or verbal communications between a single party and a potential Adjudicator are not encouraged, as such communications may compromise the Adjudicator’s independence or impartiality. If a party initiates direct written communication with a potential Adjudicator before an appointment is made, all other parties to the dispute must be copied into the correspondence.
In all circumstances, the Nominating Authority will confirm the availability, suitability, and willingness of the Adjudicator before appointing.
Step 3 – Appointment by the NA
Action – The Nominating Authority appoints either the Adjudicator agreed to by the parties, or an Adjudicator who the Nominating Authority deems qualified to adjudicate the dispute between the parties, and notifies the parties of the appointment.
The adjudicator may issue directions to the parties at this stage regarding the conduct of the adjudication. Such directions may also be issued during the course of the adjudication process (see Step 6 below).
Timing – within 7 days of Step 2.
Step 4 – Submission of Materials by Applicant
Action – The Applicant must deliver to the Adjudicator and the Respondent, the following materials:
•The Notice of Adjudication;
•A copy of the contract or subcontract, as the case may be; and
•Copies of all documents that the Applicant intends to rely on to prove its claim.
While submitting the documents, please take care of the number of pages outlined in the notes of the fee schedule.
The documents should include a brief summary of the basis for the Applicant’s claim.
ARCANA (AB) uses SharePoint as a secure platform for the transmission and storage of documents.
Timing – within 5 days of the appointment of the Adjudicator under Step 3, or such other time as may be directed by the Adjudicator.
This starts the 30-day clock i.e. the timeframe within which the adjudicator must make a determination of the dispute, unless extensions are granted
Step 5 – Submission of Materials by Respondent
Action – The Respondent must deliver to the Adjudicator, and the Applicant, its response which should include the following materials:
•A brief description of the basis upon which the Respondent disputes the Applicant’s claim; and
•Copies of all documents that the Respondent intends to rely on to dispute the Applicant’s claim.
Timing – within 12 days of receipt of the Applicant’s materials under Step 4, or such other time as may be directed by the Adjudicator.
Step 6 – Adjudicator’s Notifications/Directions
Action – At the Adjudicator’s discretion, the Adjudicator may issue directions to, or seek clarifications from, the parties to the dispute.
The Adjudicator shall also give notice to the parties that the Adjudicator has in its possession all the documents and information required to make a determination.
This is where a site visit, hearing or expert witness could be directed.
Timing – In Adjudicator’s discretion
Step 7 – Determination and Order
Action – The Adjudicator delivers to the parties and to the Nominating Authority their written determination of the dispute and a corresponding formal Order.
Timing – within 30 days of receipt of the materials from the Applicant under Step 4.
The Adjudicator may extend this timeline (or any deadline) by up to 10-day increments if necessary or by agreement.
In accordance with section 13(3) of the PPCLA Regulation 23/2022 dated February 25, 2022, when making their Determination and Order regarding the cost and other charges related to the adjudication, ARCANA adjudicators shall be limited to the following:
a. Admin fee paid by the parties to ARCANA(AB): and
b. Fees and disbursements charged by the Adjudicator to the parties including any costs incurred by the Adjudicator arising from any of the powers exercised in accordance with section 25(1) of the PPCLA Regulation.
Step 8 – Corrections
Timing – within 4 days after Determination is made the parties to the adjudication must seek a correction of any typographical error in the Order.
This process is only intended to correct mistakes such as spelling, typing or formatting errors and does not allow the substance of the decision to be challenged or changed.
Step 9 – NA Certification
Action – The Nominating Authority certifies the Order and sends a copy of the Order to the parties.
Timing – within 7 days of the Nominating Authority’s receipt of the determination and Order under Step 7.
Step 10 – Enforcement
Action – The party seeking enforcement of the Order may file the Order with the Clerk of the Court.
When filed with the Clerk of the Court, the Order has the same legal effect as an Order of the Court.
Timing – If unpaid, 30 days after the delivery of the certified determination and Order of the Adjudicator from the NA under Step 9.
OR – Judicial Review is requested within this same 30 days.
Step 11 – Notification of Enforcement
Action – Party seeking enforcement of the Adjudicator’s Order delivers to the other party written notice of the registration of the Order with the Clerk of the Court.
Timing – within 10 days of the registration of the Order under Step 10.