Upcoming Call for Applications – Authorized Nominating Authority under the Construction Act – RESPONSES DUE APRIL 5, 2019

The upcoming Call for Applications will identify a candidate to be designated to act as the Authority by the Minister in accordance with section 13.2 of the Act and section 2 of the Regulations.Some of the key services the Authority must provide include: 

• developing and overseeing training programs for adjudicators;
• qualifying persons who meet the prescribed requirements as adjudicators;
• appointing adjudicators to conduct adjudications;
• establishing a code of conduct for adjudicators; and
• publishing an annual report containing aggregated information regarding adjudication in Ontario.

The setup, administration of adjudication and the operational costs of the Authority are to be entirely self-funded. The Act provides that the Authority may, subject to the Regulations, set fees, costs or other charges related to the administration of adjudication, including fees, costs or charges for the training and qualification of persons as adjudicators or for the appointment of adjudicators, and require their payment.

The application process will be administered on an arm’s-length basis by Ernst and Young (“EY”) acting as independent due diligence provider, responsible for intake, review, verification, clarification, and assessment of applications in accordance with criteria specified in the application form. Having received and evaluated the applications, EY will provide an impartial recommendation to the Minister as to which applicant is best qualified according to the criteria.

The Ministry has retained Dentons Canada LLP to act as independent fairness reviewer for the Authority selection process.

The Call for Applications will be posted online on March 15, 2019. Interested parties may register as Applicants before the Call for Applications is posted by contacting the Application Administrator by e-mail at ANAapplication@ca.ey.com.

Only registered applicants will be provided access to download and respond to the Call for Applications.The Ministry encourages recipients of this communication to forward it to other parties that may have an interest in responding to the Call for Applications. Joint applications from multiple entities will be accepted.

Ministry of the Attorney General 
www.ontario.ca/attorneygeneral