Procurement Ombudsman Regulations (SOR/2008-143)

Regulations are current to 2016-01-25 and last amended on 2008-05-05. Previous Versions

Alternative Dispute Resolution Process

  •  (1) If a party to a contract requests an alternative dispute resolution process under paragraph 22.1(3)(d) of the Act with respect to a dispute on the interpretation or application of a contract’s terms and conditions, the Procurement Ombudsman shall ask the other parties if they agree to participate in such a process and to bear the costs of that process, within 10 working days after the request, and permit those parties 10 working days to respond to his or her request.

  • (2) The Procurement Ombudsman shall receive a request that is in writing and includes

    • (a) the names of the parties to the contract;

    • (b) a copy of the contract; and

    • (c) a brief summary of the facts in issue.

  • (3) Within 10 working days after receiving the last of the other parties’ responses,

    • (a) if all parties agree, the Procurement Ombudsman shall submit to the parties a proposal for an alternative dispute resolution process; and

    • (b) if the parties do not agree, the Procurement Ombudsman shall notify the party who made the request that the request cannot be granted.

Coming into Force

 These Regulations come into force on the day on which section 307 of the Federal Accountability Act, chapter 9 of the Statutes of Canada, 2006, comes into force, but if it is after that day, they come into force on the day on which they are registered.

 
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