Director's Reviews (Disputing ESA Orders)
NOTE: These reviews do not apply to Administrative Penalty Orders. The Appeal of Administrative Penalty Orders are heard before ESAs Review Panel. Visit Review Panel Appeals for more information.
If you don't agree with an ESA Order about electrical safety made against you, you can ask ESA to change it. Apply to the Director of Reviews and Appeals to review your case, and cancel or change the ESA Order.
TIP: If you want a Director’s Review of an ESA Order, first try contacting the General Manager who issued the Order. You might be able to resolve the dispute with a more informal discussion or exchange of information. But you must still be sure to deliver your Application before the 15-day deadline – see below.
There are four steps to the Director’s Review:
- ESA Order Issued to party
- Party submits Application for Director's Review to the Reviews and Appeals Office.
- Director reviews Order.
- Director's decision served to the Applicant.
Timing of the Application
You must deliver an Application for Director’s Review with the Reviews and Appeals Office no later than 15 days after you receive the ESA Order in dispute. (See Rule 5.2. Note Rule 5.3 has different time limits for disputing the ESA’s failure to make an ESA Order.)
You may make a written request to the Director of Reviews and Appeals for more time. Please contact the Reviews and Appeals Office for more information on how to request more time. You will need to provide enough details to explain why you need more time and why you would have a good Case.
Content of the Application
The application package you deliver to the ESA Reviews and Appeals Office must include the following (see Rule 5.5):
- An Application for Director’s Review form, with all sections complete and signed.
- A copy of the ESA Order in dispute, or your application for an ESA Order that the ESA failed to make.
- All supporting documents or evidence.
- Your reasons for disagreeing with the ESA. Include the arguments to support the decision you want.
Stay of the ESA Order
Your Application for Director's Review of an ESA Order will automatically "stay" that ESA Order. This means the ESA will not enforce the Order until after the Director's Review and/or Review Panel Appeal finishes. (See Rule 5.8). The Director may remove the stay of an ESA Order in the interest of public safety. (See Rule 5.9).
Director's Review and Decision
After receiving the Application for Director's Review, the ESA Reviews and Appeals Office will deliver a Notice of Director's Review. This goes to the two "Parties", which are you and the ESA General Manager or Director who made or failed to make the ESA Order in dispute. The Notice will set out the written review process. This includes the timing for receiving more information, evidence and arguments from the Parties.
The Director of Reviews and Appeals may ask for more details, information or documents to better understand the issues. This is called "disclosure" – see Rule 4.1. The Director will review all the information and arguments from you and the ESA Party, and then make a decision.
The Director may refer the case to the Review Panel for a Hearing. Or, the Director may decide to confirm, change or cancel the ESA Order, or make whatever other decision the Director considers appropriate.
If you do not agree with the Director's decision in the Director's Review, you may appeal it to the Review Panel. The ESA Party may also appeal if they do not agree with the Director's decision.
For more information:
- Review and Appeal Processes: Step-by-Step Guides
- Disputing ESA Orders (Director’s Review) - you are here now
- Disputing ESA Licensing Notices (Director’s Hearing)
- Disputing Director of Reviews and Appeals Decisions or Administrative Penalty Orders (Review Panel Appeals)
- ESA Rules of Procedures for Reviews and Appeals. The Rules provide guidance and predictability to help everyone in these processes.
- Regulations, Electrical Safety Code, and other legislation
- ESA Directors, Review Panel Roster, and the Reviews and Appeals Office
- Review Panel Decisions. These past cases have been heard by the Review Panel.