Arbitration to provide for apportionment
 113. (1) This section applies with respect to an arbitration referred to in clause 111 (b).  O. Reg. 367/11, s. 113 (1). (2) The following apply with respect to the commencement of an arbitration: 1. If the parties have an agreement referred to in clause 111 (a), a party may commence an arbitration if, i. a notice of termination has been given in accordance with the agreement, or ii. the agreement will expire within 12 months. 2. If an arbitration award referred to in clause 111 (b) is in effect, a party may commence a new arbitration if the arbitration award has been in effect for at least two years. 3. A party may commence an arbitration under paragraph 1 or 2 by serving a notice on the other parties. 4. The parties are deemed to have commenced an arbitration on the day that an agreement referred to in clause 111 (a) is terminated or expires unless, i. the parties have entered into another agreement referred to in clause 111 (a), or ii. one of the parties has already commenced an arbitration under paragraph 1.  O. Reg. 367/11, s. 113 (2). (3) An arbitration is governed by the Arbitration Act, 1991, subject to the following rules: 1. The parties may jointly appoint a single arbitrator on or after the day the arbitration is commenced. 2. If the parties are entitled to appoint an arbitrator jointly but have not done so, the Superior Court of Justice may make the appointment on a party’s application under section 10 of the Arbitration Act, 1991. 3. The arbitrator shall make a final award that disposes of the issue within three months after being appointed. 4. The date by which the arbitrator is required to make a final award shall not be extended by a court, despite section 39 of the Arbitration Act, 1991.  However, that date may be extended by agreement of the parties. 5. The final award may be effective with respect to a period before it is made but if it does the final award must provide for a monetary reconciliation among the parties with respect to that period. 6. A party may appeal the final award to the Superior Court of Justice only on a question of law, with leave, which the court shall grant only if it is satisfied that the conditions in clauses 45 (1) (a) and (b) of the Arbitration Act, 1991 are met.  No appeal lies on a question of fact or of mixed law and fact, despite any agreement by the parties. 7. At any time during the arbitration, the parties may enter into an agreement referred to in clause 111 (a) that includes an agreement apportioning the costs of the arbitration among the parties, in which case the arbitration terminates. 8. The parties may, at any time, amend the final award by agreement or replace the award with an agreement referred to in clause 111 (a).  O. Reg. 367/11, s. 113 (3). (4) If the arbitration award will be replacing an agreement referred to in clause 111 (a) the following apply in addition to the rules set out in subsection (3): 1. If the agreement is still in effect when the final award is made, the award shall take effect when the agreement expires or is terminated. 2. If the agreement expires or is terminated before the final award is made, the agreement is deemed to continue in effect until the award is made and the award must provide for a monetary reconciliation among the parties with respect to the period during which the agreement is deemed to continue in effect.  O. Reg. 367/11, s. 113 (4). (5) If the arbitration award will be replacing a previous arbitration award referred to in clause 111 (b) the following applies in addition to the rules set out in subsection (3): 1. The final award shall take effect on the later of, i. the day that is three years after the effective date of the previous award, and ii. the day the notice commencing the arbitration was served, if that day was the first day of the month or, if not, the first day of the month after the day the notice was served.  O. Reg. 367/11, s. 113 (5). (6) The following apply if an arbitration referred to in clause 111 (b) and one or more arbitrations described in subsection (7) are commenced and the arbitrations involve the same parties but no arbitrator has yet been appointed: 1. One arbitrator shall be appointed for all the arbitrations. 2. The arbitrations shall be held as one arbitration. 3. The arbitration is governed by the Arbitration Act, 1991, subject to the rules set out in subsections (3), (4) and (5) which shall apply, with necessary modifications, with respect to the part of the arbitration dealing with the apportionment of the service manager’s housing costs.  O. Reg. 367/11, s. 113 (6). (7) The arbitrations referred to in subsection (6) are arbitrations, under the following Acts, to apportion costs: 1. The Ambulance Act. 2. The Child Care and Early Years Act, 2014. 3. The Ontario Disability Support Program Act, 1997. 4. The Ontario Works Act, 1997.  O. Reg. 367/11, s. 113 (7); O. Reg. 150/16, s. 3.