Procurement Ombudsman Regulations (SOR/2008-143)

Alternative Dispute Resolution Process

• 23 (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 ^*24 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.

• Return to footnote ^*[Note: Regulations in force May 5, 2008, see SI/2008-52.]