Reviews And Appeals Process
What can I Request a Review for?
You can Request a Review of an ESA Order.
Orders issued by the Electrical Safety Authority under section 113.11 of the Electricity Act, 1998; the Ontario Electrical Safety Code; the Electrical Distribution Safety Regulation (O. Reg 22/04); or the Electrical Product Safety Regulation (O. Reg 438/07).
- Disconnection orders
- Orders related to unapproved products
- Non-compliance Orders with the Electricity Distribution Safety Regulation
- Non-compliance Orders with the Product Safety Regulation
- Refusals to grant a connection authorization
- Orders to comply issued under the Electricity Act, 1998.
What can I Request a Hearing for?
You can Request a Hearing for a Notice of Proposal or a Notice of provisional refusal or suspension made on a licence.
Notices of Proposal and Notices made on licenses or licensing applications, issued under Part VIII of the Electricity Act, 1998, and O.Reg 570/05 for the Licensing of Electrical Contractors and Master Electricians. This includes:
- Notices of proposal to refuse to grant a licence;
- Notices of proposal to refuse to renew a licence;
- Notices of proposal to suspend a licence;
- Notices of proposal to revoke a licence;
- Notices of proposal to grant a licence subject to restrictions, limitations or conditions;
- Notices of provisional refusal to renew a licence (due to immediate threat to public safety or the safety of any person); and
- Notices of provisional suspension of a licence (due to immediate threat to public safety or the safety of any person).
What can I appeal?
You can appeal the Decision of the Director of Reviews and Appeals or the Review Panel.
- The decision the Director of Reviews and Appeals renders after a review or hearing is appealable to the Review Panel.
- The decision of the Review Panel is appealable to the Divisional Court.
You cannot appeal the following:
- Any matter regarding a formal expression of dissatisfaction about the standard of service, action or lack of action by or on behalf of ESA, where ESA requires action (these are complaints)
- Continuous Safety Services contract
- Authorized Contract Program suspensions
- Refusal to write a licensing examination
- Fees associated with inspections
- A notice of deficiency or defect
Who can file an appeal?
Any person named in:
- A Notice, Notice of Proposal issued by the Director of Licensing; or
- An Order issued by ESA
- An ESA Statutory Director, if they dispute the decision of the Director of Appeals and Reviews
- The Director of Appeals and Reviews if they dispute the decision of the Review Panel
- Any a person who applies to the ESA in writing for an order and the ESA does not issue the order within 15 days of the application.
How do I file a Request or an Appeal?
You must submit an Application for Review, an Application for Hearing or a Notice of Appeal together with the required documents to the ESA’s Reviews and Appeals Office at:
Reviews and Appeals Office
Electrical Safety Authority
155A Matheson Blvd West
Mississauga, ON L5R 3L5
To assist in a speedy response, please provide a daytime telephone number, your current address, email address and fax number (if available) where you can receive documents from the Reviews and Appeals Office.
Are there fees for a Review, Hearing or Appeal?
There is no filing fee to submit an Application for Review or an Application for a Hearing. There is a non-refundable filing fee of $113 (with HST) for a Notice of Appeal before the Review Panel. You can pay this fee by cheque or money order made payable to the Electrical Safety Authority. To pay by Credit Card please contact the ESA’s Customer Service Centre at 1 (877) ESA-SAFE (372-7233). Remember to provide Customer Service Representative with your appeal number.
You are also responsible for your own costs in presenting your case, such as legal, expert or witness fees and travel costs.
What are the steps in the Reviews and Appeals process?
ESA has a 3-Step Reviews and Appeals process. You must complete each step before proceeding to the next:
- Step 1 – Review or Hearing before the Director of Reviews and Appeals
- Step 2 – Appeal before the Review Panel
- Step 3 – Appeal to Divisional Court
Note that before initiating the Reviews and Appeals process, we recommend that you try to resolve the matter by contacting the General Manager or Director who issued the Order or Notice.
A mandatory Pre-Hearing Conference will be scheduled when an appeal before the Review Panel is filed. The Pre-Hearing Conference allows the parties to discuss the scope of the hearing before it takes place. This helps in planning the hearing so it can run efficiently.
You complete and submit a form to ESA for each step of the Reviews and Appeals process. If you choose to file for a Review or a Hearing or an Appeal, you must provide all correspondence you have had with ESA to try to resolve the matter, a timeline of events and a list of reasons that support your case. While it is not required, you may also have legal counsel represent you through the process.
Get more information on the Reviews and Appeals Process, including a Step-by-Step Guide and required forms/documentation.
How do I request a time extension?
You can request a time extension by contacting the Reviews and Appeals Office and filing the required form. An extension will only be granted if the Director of Reviews and Appeals is satisfied there are reasonable grounds for it. They may also give some directions as appropriate. Time extensions can be requested for:
- Filing a Request for Review or a Request for a Hearing before the Director
- Filing a Notice of Appeal before the Review Panel.
Have more questions?
If you can’t find the answer to your question on esasafe.com, contact the Reviews and Appeals Office at (90)712-5673 or via email at ESA.Appeals@electricalsafety.on.ca