Customer Service
1.877.ESA.SAFE / 1.877.372.7233

ESA Forms & Documents: Filing An Appeal

In this section you will find the forms and information about the required documents for filing a Notice of Appeal.

A person named in an ESA Order or Notice of Proposal may file an appeal with the Director of Appeals within 15 days of issuance.

Please Note: Individuals seeking to appeal a Review of an ESA Order are encouraged to speak with the Senior Inspector or Technical Advisor before filing an appeal.

Although it is not required, an appellant has the option to have a lawyer or agent represent them through the appeals process and/or during the hearing of their appeal before the Review Panel.

The appeals process is not a forum that handles questions or concerns from the public regarding the services offered by ESA, including examinations and technical inquiries. Should you have any questions, please feel free to contact us.

If you would like to file an appeal, please consult the Step-by-Step Guide to Appeal before doing so.

 

REQUIRED DOCUMENTS & INFORMATION

NOTICE OF APPEAL FORM

Please note that the process for appealing Orders is separate from the process to appeal Notice of Proposals.

Notice of Appeal/Request for Review – Step 1

In Step 1 of the Appeals Process, an appellant will select one of two application forms.

ORDERSNOTICE OF PROPOSALS - LICENSING
CHECKLIST CHECKLIST

Notice of Appeal, Request for Review of ESA Order

This form is used when filing an appeal within 15 days of receiving an ESA Order. Orders issued under the Ontario Electrical Safety Code, the Product Safety Regulation, or under the Electrical Distribution Safety Regulation include, but are not limited to:

  • Disconnection order
  • Order related to unapproved products
  • Non-compliance orders with the Electricity Distribution Safety Regulation
  • Refusal to grant a connection authorization
  • Findings on plans
  • Refusal to approve plans

As of July 3, 2018, ESA has added an escalation process to provide both stakeholders and ESA more time to discuss issues when they arise. Defect Notices are no longer considered appealable orders after this date.

The process before July 3, 2018 provided only 15 days for the person to whom the defect was issued to decide whether or not they wanted to appeal the defect.  The escalation process provides a more practical approach that focuses on resolving the issue. The escalation process gives the person to whom the defect was issued an opportunity to discuss the issue first with the Inspector, Senior Inspector, Technical Advisor and General Manager to attempt to resolve the issue.  If the matter cannot be resolved, the General Manager will issue an Order for the defect to be remedied or the person to whom the defect was issued can request an Order to be issued. This Order can be appealed.  The escalation process is currently used to successfully resolve contentious matters.  This change acknowledges that effort and also provides more time for resolution.

Any defects issued prior to July 3, 2018 will follow the former process.

The appeals process does not involve any matters that fall under ESA’s complaint process (e.g. complaint regarding ESA’s process for inspection, inspector behaviour, ACP status, etc.)

When filing a Notice of Appeal, Request for Review of ESA Order, the following documents must be included in the submission package:

  • A Notice of Appeal, Request for Review of ESA Order form, with all sections complete and signed within 15 days of an Order being issued or the succeeding 15 days of the non-issuance of an Order;
  • A copy of the Order or Request for an Order to be reviewed; and
  • Your written submission and all supporting documentation

Notice of Appeal (Request for Review) before the Director of Licensing

This form is used when filing an appeal within 15 days of being served a Licensing Notice of Proposal or Notices issued under Part VIII of the Electricity Act, 1998, which include, but are not limited to:

  • Notice of Proposals
    • Refusing to Grant a Licence
    • Refusing to Renew a Licence
    • Suspending a Licence
    • Revoking a Licence
    • Granting a Licence subject to Restrictions, Limitations or Conditions
    • Renewing a Licence subject to Restrictions, Limitations or Conditions
  • Notices
    • Provisional Refusal to Renew a Licence (due to immediate threat to public safety or the safety of any person)
    • Provisional Suspension of a Licence (due to immediate threat to public safety or the safety of any person)

When filing a Notice of Appeal (Request for Review) before the Director of Licensing, the following documents must be included in the submission package:

  • A Notice of Appeal before the Director of Licensing form, with all sections complete and signed within 15 days of being served a Licensing Notice;
  • A copy of the Licensing Notice(s) (i.e. Notice of Proposal) being appealed; and
  • Your written submission and all supporting documentation

 

Notice of Appeal before the Review Panel – Step 2

In Step 2 of the Appeals Process, an applicant will select one of 2 application forms.

ORDERSNOTICE OF PROPOSALS - LICENSING
CHECKLIST CHECKLIST

These forms are used when the appellant chooses to appeal the Director’s Decision from the hearing in Step 1. The appellant may file a Notice of Appeal before the Review Panel with ESA’s Director of Appeals within 15 days of receiving the Director’s decision.

When filing either a Notice of Appeal (of ESA Order) before the Review Panel or a Notice of Appeal (of Director of Licensing’s Decision) before the Review Panel the following documents must be included in the submission package:

  • A Notice of Appeal before the Review Panel form, with all sections complete, signed and submitted within 15 days or receiving the Director’s decision (Step 1);
  • A copy of the Notice, Notice of Proposal or Order being appealed;
  • A copy of the “Director’s Decision Regarding Notice of Appeal;”
  • Payment of $113 including HST (non-refundable filing fee), payable to the "Electrical Safety Authority"

 

DISCLOSURE DOCUMENTS

The Director of Appeals will require Notice and Consent from all parties to confirm their participation. Please note, this is required to confirm the date and time a hearing will be held.

The Director of Appeals will also request that all parties provide disclosure to the other party.  Examples include correspondence, emails, recordings, reports, expert statements etc.

  • Please note:  evidence presented during a hearing must be included as part of the disclosure.  Disclosure must include the statements from any witnesses upon which you will rely on to make more or less probable the existence or non-existence of a fact or situation that must be proved.

Please note: The Director or the Director of Licensing requests disclosure documents during the hearing in Step 1 of the appeals process for the purposes of holding a hearing and rendering a decision.

During a hearing before the review panel (step 2), all parties to the appeal shall make disclosure to the other party, at least 5 days before the scheduled hearing.

Disclosure needs to be provided to the Director of Appeals at least 5 full days (holidays and weekends not included) before the scheduled hearing before the Review Panel.  A full set of disclosure will be required for:

  • Review Panel (3 copies);
  • Legal Counsel of the Director of Licensing (1 copy); and
  • Director of Licensing (1 copy).

The Director of Appeals will provide all parties with copies of the disclosure.

 

WRITTEN SUBMISSION

A written submission requires the party named in an Order, Notice, Notice of Proposal or Director’s Decision to provide the reasons why they are filing an appeal and any information about their situation.

 

SUPPORTING DOCUMENTATION

A person named in an Order, Notice or Notice of Proposal may choose to submit supporting documentation when they file their Notice of Appeal.

Supporting documentation is any information that supports the reasons the party is filing an appeal and the situation described in their written submission.

 

TIME EXTENSION REQUEST

A person named in an ESA Order, Notice, Notice of Proposal or Director’s Decision may request in writing to the Director or Review Panel for an extension of time.

The Director, Director of Licensing or Review Panel may grant the extension if they are satisfied that there are reasonable grounds for applying for the extension and that there are apparent grounds for granting the extension, and may give directions, as appropriate.

Time extensions can be requested for:

  • Filing a Notice of Appeal (related to an ESA Order or Licensing Notice or Notice of Proposal);
  • Appealing a Director’s decision by filing a Notice of Appeal before the Review Panel;