What is the legal test used to determine whether an arbitrator has jurisdiction to enforce an order or enforce compliance?

With respect to the second step, the nature of the question the arbitrators are called upon to decide is such that it would ordinarily be considered to be a judicial function. However, there are distinguishing aspects in the legislation similar to those relied upon by Lambert J.A. in Pepita v. Doukas. For example, by s. 42 an arbitrator may conduct a hearing in the manner he considers necessary, is not bound by legal precedent and may receive and accept evidence or information he considers appropriate whether or not it would be admissible in a court. As well, he does not have the power to enforce compliance with his own orders as the legislation provides that this be done by filing in an appropriate court registry.