Adjudication decisions under the BCIPA are subject to judicial review under both Part 3 and Part 5 of the JRA. The BCIPA does not exclude the JRA by necessary implication, because the JRA provides a specific mechanism in s 18 for excluding legislation from its scope and the BCIPA does not utilise that mechanism. An adjudicator's decision is of an administrative rather than judicial character because it is interim, does not finally determine rights, and lacks the hallmarks of judicial process. However, issues not raised in the payment schedule or adjudication response cannot generally be raised for the first time on judicial review.
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