Frequently Asked Questions
1. What can be reviewed or appealed?
If you do not agree with an ESA Order or an ESA Notice against you, the following processes are available:
- Director’s Reviews involve asking the ESA Director of Reviews and Appeals to review an ESA Order about electrical safety, or to review the ESA’s failure to make an Order requested by the Applicant. (Sections A and B of the Rules apply).
- Director’s Hearings involve asking the ESA Director of Reviews and Appeals to change the ESA’s Notice of Proposal (or Provisional Notice in some urgent cases) to refuse, suspend, revoke or impose conditions on an authorization. (Sections A and C of the Rules apply).
- Appeals to the Review Panel can be made after a decision by the Director of Reviews and Appeals. (Section A and D of the Rules apply).
2. What kind of ESA Orders can be disputed by applying for a Director’s Review?
Orders issued by the Electrical Safety Authority (ESA) 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) – this includes, but is not limited to:
- 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
- Defect Notices (issued before July 3, 2018) – click here for more information
3. What kind of ESA Notices can be disputed by applying for a Director’s Hearing?
Notices of Proposal and Noticesmade on licenses or licensing applications, issued under Part VIII of the Electricity Act, 1998, and specifically O. Reg 570/05 for the Licensing of Electrical Contractors and Master Electricians, which include, but are not limited to:
- Notices of proposal refusing to grant a licence
- Notices of proposal refusing to renew a licence
- Notices of proposal suspending a licence
- Notices of proposal revoking a licence
- Notices of proposal to grant a licence subject to restrictions, limitations or conditions
- Notices of proposal for renewing 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)
- Notices of provisional suspension of a licence (due to immediate threat to public safety or the safety of any person)
4. What kind of appeals can be made to the Review Panel?
Decisions made by the Director of Reviews and Appeals after a Director’s Review or a Director’s Hearing.
5. What cannot be reviewed or appealed?
You cannot ask for a review or appeal of the following:
- Defect Notices
- Notices of Violation
- Any matter regarding the standard of service, the inspection process, or any action or lack of action by or on behalf of ESA, where action is required by ESA - these are called complaints, which may be handled in a separate internal process
- Continuous Safety Services contracts
- Authorized Contract Program suspensions
- Refusal to write a licensing examination
- Fees associated with inspections
6. Who can ask for a Director’s Review or Director’s Hearing?
A person who is named in the ESA Order or ESA Notice as the person the Order or Notice is made against.
7. How can a review or appeal be filed?
A person who wishes to ask for a Director’s Review of an ESA Order or a Director’s Hearing for an ESA Notice, or appeal to the Review Panel, should deliver the required documents to the ESA Reviews and Appeals Office at the following address:
Electrical Safety Authority
Reviews and Appeals Office
155A Matheson Blvd West
Mississauga, ON L5R 3L5
Please see below for the Step-by-Step Guide for each process. These Guides have more detailed information, and the links to the Application or Appeal forms you need.
- Director’s Reviews (ESA Orders)
- Director’s Hearings (ESA Licensing Notices)
- Review Panel Appeals
Please include a daytime telephone number, your current full address and an email address or a fax number where you can receive documents from the Reviews and Appeals Office and the other Party (the ESA Director or General Manager who was involved in making the ESA Order or Notice being disputed).
8. What are the fees for a review or appeal?
There is no fee for making an Application for a Director’s Review or Director’s Hearing (the first step to dispute an Order or Notice). After the Director of Reviews and Appeals has made a decision on the review, if you wish to appeal to the Review Panel, there is a non-refundable filing fee of $113 (includes HST) . This fee can be paid by Visa, MasterCard, American Express, or a certified cheque or money order made payable to the Electrical Safety Authority.
The Appellant is also responsible for their own costs in presenting their case. These costs may include a legal representative, expert or witness fees, travel costs, etc. Please note that the Review Panel also has the power to order costs against either Party for reasonable expenses related to the use of the Review Panel processes or other costs related to unreasonable or improper conduct (see Rule 23).
9. How do I request a time extension?
Generally, there is a 15-day time limit for delivering documents to ask for a review or appeal (check the legislation and the Rules of Procedure for more details). A Party may make a written request for an extension of time. For the Application for Director’s Review or Director’s Hearing, the ESA Director of Reviews and Appeals will decide if an extension of time should be granted. For the Notice of Appeal, the Review Panel will decide. The extension may be granted if there are reasonable grounds for applying for the extension and there are apparent grounds supporting the Application or Appeal. Your request should be detailed enough to clearly explain why you are late and why you have a good case to argue if you are given that chance.
For more information, please visit the following web pages:
- Review and Appeal Processes: Step-by-Step Guides