Hometime

Hometime · Alberta legislation

MHHS Minimum Housing and Health Standards

MHHS · Prompt Payment and Construction Lien Act

Part 5 — Dispute Adjudication

33.6 Hearing and determination by adjudicator

Current to 2025-04-01 · Official PDF

(1) Subject to subsections (2) and (3), an adjudicator may
hear a dispute regarding any matter prescribed under this Part.
(2) An adjudicator may refer any matter to the court if the
adjudicator does not have the jurisdiction to hear the matter or
where, in the opinion of the adjudicator, the court is the more
appropriate forum for hearing the matter.
(3) An adjudicator may refuse to hear a dispute if, in the opinion of
the adjudicator, the dispute is frivolous or vexatious.
(4) The adjudicator shall issue a written notice of determination
accompanied by the adjudicator's order, if any, concerning the
matter.
(5) The determination of a matter by the adjudicator is binding on
the parties to the adjudication, except where
(a) the court directs otherwise,
(b) an arbitrator has been appointed by the parties under the
Arbitration Act and the arbitrator has made an award in
respect of the matter, or
(c) the parties have entered i nto a written agreement that
resolves the matter.
(d) repealed 2024 c20 s2.
(6) Except in the case of an application for judicial review under
section 33.7, nothing in this Part restricts the authority of the court
or an arbitrator to consider the merits of a matter determined by an
adjudicator.
2020 c30 s17;2024 c20 s2