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Disputing ESA Orders

If you do not agree with an ESA Order about electrical safety made against you, you can ask the ESA to change that Order. You can apply to the Director of Reviews and Appeals to review your case and cancel or change the ESA Order. This section will give you detailed information about the process.

Application for Director’s Review

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

There are 4 steps to the Director’s Review:

steps for director's review

Flowchart

 

(i) Timing of the Application

The Applicant must Deliver to the Reviews and Appeals Office an Application for Director’s Review no later than 15 days after receiving the ESA Order being disputed. (see Rule 5.2; note Rule 5.3 with different rules time limits for disputing the ESA’s failure to make an ESA Order)

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 Review form

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

  • Application for Director’s Review form, with all sections complete and signed;
  • A copy of the ESA Order being disputed or the Applicant’s Application for an ESA Order that the ESA failed to make;
  • all supporting documents or evidence; 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 5.5)

 

(iii) Stay of the ESA Order

An Application for Director’s Review of an ESA Order will automatically stay that ESA Order, which means that the ESA Order will not be enforced until after the Review and any Review Panel Appeal is finished (see Rule 5.8). But the Director of Reviews and Appeals may decide to lift (remove) the stay of an ESA Order if this is necessary in the interest of public safety (see Rule 5.9).

 

(iv) Director’s Review and Decision

After receiving the application for Director’s Review, the ESA Reviews and Appeals Office will deliver a Notice of Director’s Review to the Parties (this is the Applicant and the ESA General Manager or Director who made or failed to make the ESA Order that is in dispute). This Notice will set out the written review 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.

The Director of Reviews and Appeals may decide to refer the Case to the Review Panel for a Hearing; or the Director may decide to confirm, change or cancel the ESA Order, or make whatever other decision that the Director considers to be appropriate.

If a Party does not agree with the Director’s decision in the Director’s Review, 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