Review Panel Appeals

If you don't agree with the decision in a Director’s Review, a Director’s Hearing or an Administrative Penalty Order, you may appeal the decision to the Review Panel.

There are five steps to an Appeal before the Review Panel:

  1. Director's decision served to the party
  2. Party submits Notice of Appeal to the Reviews and Appeals Office
  3. (If applicable) The Review Panel conducts a case conference
  4. Review Panel conducts hearing
  5. Review Panel's decision served to the Appellant.

Click here for a more detailed flowchart outlining the process for Appeals before the Review Panel

 

Pay attention to the following areas of the appeal:

Timing of Notice of Appeal

You must deliver your Notice of Appeal form to the Reviews and Appeals Office no later than 15 days after receiving the Director’s decision. (See Rule 9.1). The 15-day period should be counted by excluding the first day and including the last day and, if the period expires on a day that is not a business day, the expiry shall be treated as expiring on the next day that is a business day.  

BE ADVISED: Any reference to “days” means calendar days and “business day” means a day when the Reviews and Appeals office is open for business, and does not include Saturday, Sunday or Statutory Holidays.

If you wish to file an appeal with the Review Panel please submit either:

If you require more time to appeal or wish to commence with an appeal to the Review Panel after the expiration of the 15 day appeal period, you must submit a Request for an Extension of Time with a Notice of Appeal form. If you wish to request for an extension of time to the Review Panel, please submit either:

If you do require additional time to appeal, it is recommended that you submit the required forms within the 15 day appeal period. This will guarantee that an appeal will be commenced.

Furthermore, the Review Panel is responsible for granting an extension of time to appeal. If the Review Panel determines that you have not sufficiently demonstrated apparent grounds for granting an extension of time to appeal, they may reject the request. Thus causing ESA to reject your appeal if you have not submitted a notice of appeal within the 15 day appeal period. 

Content of the Notice of Appeal

The appeal package you deliver to the ESA Reviews and Appeals Office must include the following (see Rule 9.2):

  • A Notice of Appeal form, with all sections completed and signed. Include your reasons for appealing.
  • A copy of the decision of the Director of Reviews and Appeals or the Administrative Penalty Order you are appealing.
  • A copy of the Application for Director’s Review or Application for Director’s Hearing involved in your appeal. Include all attachments.
  • Payment of $113 (non-refundable filing fee, including HST). Payment can be made by cheque or money order payable to the "Electrical Safety Authority.” or by credit card by contacting the ESA’s Customer Service Centre at 1-877-372-7233.

Review Panel Proceedings and Decision

After receiving your Notice of Appeal, the ESA Reviews and Appeals Office will deliver a Notice that the Case has been started with details about the process. (See Rule 9.5.)

The Reviews and Appeals Office may review the Notice of Appeal to make sure it is complete, that it is not too late to appeal, and that you have paid the fee. (See Rule 11.1.)

The Director of Review Panel Appointments will assign one or more members from the Review Panel Roster to be the Review Panel. This panel will have the power to decide the Case.

You can hire a lawyer or licensed paralegal to represent you in the appeal. Or, you can choose to represent yourself. The Review Panel will try to make the process understandable and accessible. But be aware that issues about evidence, procedure and the law sometimes can be hard to understand or manage.

Disclosure

The Review Panel may ask for more details, information or documents to better understand the issues in the case. This is called “disclosure.” (See Rule 12.1.)

To ensure a fair and efficient process, each “Party” must disclose to the other Party any evidence that they may be relying on or using in the case, and information about any witnesses. (See Rules 12.2 and 12.3.) The two parties in an appeal are You (as the “appellant”) and the ESA General Manager/Director who made the ESA Order, Administrative Penalty Order or the ESA Director of Licencing who made the Notice you are disputing.

A Party must deliver their disclosure to the other Party and to the ESA Reviews and Appeals Office no later than 14 days before the first date of the Hearing. The Review Panel or the ESA Reviews and Appeals Office may decide to change this timing. (see Rule 12.4)

If there is an in-person hearing, each Party must deliver three paper copies to the Reviews and Appeals Office and one paper copy to the other Party. (See Rule 12.5.)

If you don't follow the requirements for disclosure of your evidence or witness information, you may not use that evidence, or call your witness to give evidence, unless allowed by the Review Panel. (See Rule 12.7.)

Case Conferences

To better manage Cases, there may be some processes before any formal Hearing starts. You may receive a notice to participate in a Case Conference, which is a meeting of the Parties that is not a Hearing.

A Case Conference will discuss the issues, evidence, time deadlines, and processes in your Case. There may be discussions to see if the Parties can agree to resolve all or part of the Case without a full Hearing.

The Case Conference aims to help the Parties understand the case better and try to resolve, if possible. It also helps prepare the Parties and Review Panel to have a fair, efficient and accessible Hearing.

A Case Conference will usually take place by video or web conferencing. The Review Panel or person assigned to conduct the Case Conference may choose another way. (See Rule 13.)

Hearings

Review Panel Hearings will not always mean everyone coming to a Hearing Room. The Hearing may take place by telephone conference call, or video or web conferencing. Some Hearings may be done by exchange of written documents and arguments.

Typically most Review Panel Hearings take place remotely with most proceedings, including pre-hearings, case conferences and motions, being conducted by videoconference, or where determined to be appropriate by the Review Panel, teleconference and/or in writing. The Review Panel may consist of one to three members and, in some cases, the Review Panel will have legal counsel attend Hearings to consult if needed. For more information regarding remote proceedings please refer to the ESA Review Panel Remote Proceedings Guideline. 

NOTE: Following the Review Panel rendering a decision, any information related to the Review Panels decision will be published on ESA website.

Hearing Procedure

  1. Each Party gives an opening statement (optional). This is an opportunity to give the Review Panel a short summary of the evidence and arguments. This can help the Review Panel prepare to deal with your witnesses and arguments in a more focused way.
  2. As the Appellant, you present your evidence first. This involves introducing documents or witnesses. You should already have delivered these documents or witness information as part of your “Disclosure."
    All witnesses make a legal promise to tell the truth (the witness is “affirmed”). The Party who called the witness will ask questions. The other Party will then have a chance to ask questions (called cross-examination). The Review Panel may also have some questions.
    After you have presented all your documents and witnesses, the other Party has a turn. In the appeal about an ESA order or an Administrative Penalty Order, the other Party is the ESA General Manager/Director who made the Order. In an appeal about a Notice, the other Party is the ESA Director of Licensing. A lawyer from the ESA represents the ESA.
  3. After presenting all the evidence, the Parties give their closing arguments. You as Appellant go first.

After the Hearing

After the Hearing, the Review Panel members meet to discuss the case, make a decision and write reasons for their decision. After finalizing the decision, the ESA Reviews and Appeals Office will deliver it to the Parties.

After all Parties have received the decision, the ESA will post the decision on the Review Panel Decisions section of the ESA website.

Appeal to Divisional Court

Any Party to an Appeal before the Review Panel may appeal the Panel's decision by filing an appeal with the Ontario Superior Court (Divisional Court). For more information on how to do this, visit the Ontario Superior Court of Justice website.

The law only allows an appeal to Divisional Court if the reason for the appeal involves a question of law, or a question that is a mix of law and fact.

For more information: