The applicant and the other party to the contract, hereafter “the Parties”, retain the professional services of the Adjudicator who is to render a decision on the referred dispute.
2. APPLICABLE TERMS AND CONDITIONS
Any terms and conditions determined by Order of the Chair of the Conseil du trésor form an integral part of these terms and conditions.
The Adjudicator is to personally perform the mandate entrusted by the Parties and to act at all times in a neutral and impartial manner.
4. CONFLICT OF INTEREST
The Adjudicator must undertake to avoid any situation of conflict of interest likely to affect the performance of the mandate. If such a situation arises, the Adjudicator must so inform the Parties and the Parties may indicate to the Adjudicator how to remedy the conflict of interest or they may provide the Adjudicator with a signed notice terminating the adjudication.
5. WITHDRAWAL BY THE ADJUDICATOR
An Adjudicator who is unable to continue the adjudication must so inform the Parties without delay so that they may choose another Adjudicator. Once that person has been chosen by the parties or, failing that, has been appointed by the Institut de médiation et d’arbitrage du Québec, the withdrawing Adjudicator is to send the entire file as soon as possible to the succeeding Adjudicator in the manner they agree upon.
The Adjudicator is remunerated at the hourly rate publi-shed in the Registry of Adjudicators maintained by the Institut de médiation et d’arbitrage du Québec.
The Adjudicator is entitled to fees for the actual time devoted to the adjudication, namely examination of the file and preparation of the decision and, if applicable, for the holding of sessions in the presence of the Parties, including session preparation.
The Adjudicator’s travelling time is remunerated at half the hourly rate referred to in the first paragraph if the distance travelled exceeds a 90-km radius from the Adjudicator’s home base.
The Adjudicator is entitled to be reimbursed for expenses that include, among others, travel, accommodation and meal expenses, at the rate and on the terms set out in the Directive concernant les frais de déplacement des personnes engagées à honoraires par des organismes publics (C.T. 212379, 2013-03-26), posted in French on the following website:
The actual expense of other disbursements necessary to conduct the adjudication are reimbursed on presentation of adequate vouchers.
7. TERMS OF PAYMENT
An invoice for fees and expenses must be sent to the Parties by the Adjudicator. It must be sufficiently detailed to allow the Parties to verify, for each day, the validity of the fees or expenses claimed. Vouchers for any expenses claimed must be sent with the invoice.
Payment is made to the Adjudicator personally or to the order of the firm within which he or she works, in keeping with the written instructions given to the Parties by the Adjudicator. The Adjudicator must also, as applicable, provide his or her Social Insurance Number or the business number entered in the enterprise register as well as the appropriate tax information.
The Adjudicator is not entitled to compensation if one of the Parties totally withdraws from the adjudication and in so doing, terminates the adjudication.
9. ADJUDICATOR’S LIABILITY
Unless there is an intentional or gross fault on the part of the Adjudicator, he or she will incur no liability for material damage sustained by any of the Parties as a consequence of the Adjudicator’s decision.
IF ONE OF THE PARTIES IS A PUBLIC BODY:
10. AUDIT The invoices for fees produced in the course of performing this mandate may be audited by the Comptroller of Finance who, for the purpose, has all the powers provided for in the Act respecting public inquiry commissions (chapter C-37) and, more specifically, the power to take cognizance and examine all registers and documents the Comptroller considers relevant to the audit. 11. REVENU QUÉBEC CERTIFICATE In accordance with sections 50.1 and 50.3 of the Regulation respecting certain service contracts of public bodies (chapter C-65.1, r. 4), the Adjudicator, if in business, or the firm with which the Adjudicator is related, must hold a certificate from Revenu Québec. A copy of the certificate must be sent without delay to the public body. 12. COMING INTO FORCE
These terms and conditions come into force on the date on which an Adjudicator is chosen by the Parties or is appointed by the Institut de médiation et d’arbitrage du Québec.