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Disputing ESA Licensing Notices

This Guide is for Master Electricians or Electrical Contractors or persons applying for authorization, who do not agree with an ESA Notice of Proposal (or Provisional Notice in some urgent cases) to refuse, suspend, revoke or impose conditions on their authorization. You can apply to the Director of Reviews and Appeals for a Director’s Hearing, which will give you an opportunity to dispute the Notice. This section will give you detailed information about the process.

TIP: If you are asking for a Director’s Hearing of the Notice, it can be helpful to first contact the Director of Licencing and/or ESA Licensing department. Some disputes can be settled with a more informal discussion or exchange of information, and the Director’s Hearing may not be needed. But please remember you still must deliver any Application for Director’s Review before the 15-day deadline – see below.

 

Here are some examples of the kind of Notices that you can dispute by making an application for a Director’s Hearing:

  • 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)

 

There are 4 steps to the Director’s Hearing:

steps for director's hearing

 Flowchart

 

(i) Timing of the Application

The Applicant must Deliver to the Reviews and Appeals Office an Application for Director’s Hearing no later than 15 days after receiving the ESA Notice being disputed. (see Rules 6.2 and 6.3)

The Applicant may make a written request for an extension of time. The ESA Director of Reviews and Appeals may grant the extension if the Director is satisfied that there are reasonable grounds for applying for the extension and that there are apparent grounds supporting the Application. 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.

 

(ii) Content of the Application

Application for Director’s Hearing form

The following items must be included in the application package that you deliver to the ESA Reviews and Appeals Office:

  • An Application for Director’s Hearing form, with all sections complete and signed;
  • A copy of the Notice of Proposal or Notice of Provisional Suspension/Refusal to Renew being disputed;
  • all supporting documentation; and
  • the Applicant’s reasons for disagreeing with the ESA, and the arguments to support the decision that the Applicant wants the Director of Reviews and Appeals to make.

(see Rule 6.4)

 

(iii) Hearing before the Director

After receiving the application for Director’s Hearing, the ESA Reviews and Appeals Office will deliver a Notice of Director’s Hearing to the Parties (this is the Applicant and the ESA Director of Licensing who is proposing to take action against the Applicant). This Notice will set out the written hearing process, including the timing for receiving more information, evidence and arguments from the Parties.

The Director of Reviews and Appeals may ask either Party to give more details, information or documents, if that is needed for a better understanding of the issues in the Case (this is called “disclosure – see Rule 4.1). The Director will review all the information and arguments from the Parties and make a decision.

If a Party is does not agree with the Director’s decision in the Director’s Hearing, they may appeal that decision to the Review Panel. Please see the Step-by-Step Guide for Appeals to the Review Panel.

 

For more information, please visit the following web pages:

  1. Review and Appeal Processes: Step-by-Step Guides
  2. ESA Rules of Procedures for Reviews and Appeals – the Rules provide guidance and predictability to help everyone in these processes
  3. Regulations, Electrical Safety Code, and other Legislation
  4. ESA Directors, Review Panel Roster, and the Reviews and Appeals Office
  5. Review Panel Decisions are some cases that have been heard by the Review Panel in the past
  6. FAQs