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Procurement Ombudsman Regulations (SOR/2008-143)

Regulations are current to 2021-02-15 and last amended on 2017-12-14. Previous Versions

Performance of the Duties and Functions of the Procurement Ombudsman (continued)

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

Footnote * 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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