ESA Review Panel Roster
Roles and Responsibilities of the Review Panel Roster
Ontario Regulation 187/09 establishes a process to accept and hear appeals related to the issuance of licensing Decisions rendered by the Director of Licensing and Orders issued by Statutory Directors pertaining to Part VIII of the Electricity Act and associated regulations (including: the Ontario Electrical Safety Code ("OESC"), the Electrical Distribution Safety Regulation (O. Reg. 22/04), and the Product Safety Regulation (O. Reg.438/07)
Following the passage of the Appeals regulation, the ESA established a transparent appeals process that can be utilized by those subject to ESA Orders or Licensing decisions. Those who have been issued a Notice of Proposal by the Director of Licensing and Certification may file an appeal to review the decision. Individuals who have received an Order or Notice of Defect issued by the Authority also have the ability to request a review of the Order or Notice of Defect.
Brief Overview of the Review Panel Roster Function
The Review Panel Roster is an independent panel of cross-sector, industry and external representatives reflective of areas in product safety, licensing and certification, utilities, standards, and the Ontario Electrical Safety Code.
In order to establish a Review Panel, a Notice of Appeal before the Review Panel must be filed with the ESA’s Director of Appeals. Once established, a Review Panel would hear matters related to the decision(s) made by a Director regarding a Notice of Proposal or an Order issued by ESA.
Members of the Review Panel are responsible for hearing appeals filed pursuant to the Safety and Consumer Statutes Administration Act and associated Regulation 187/09 regarding decisions rendered by ESA’s Statutory Directors.
When the Director of Appeals receives a Notice of Hearing before the Review Panel in Step 2of the appeals process, he/she will select up to three members from the roster who are able to participate in a hearing. The Review Panel must be established and a Hearing set within 25 days of a complete application being filed with the Director of Appeals.
Please note: When a Review of an ESA Order before the Review Panel has been granted by the Director of Appeals, a ‘stay’ is put on the Order under review pending the outcome of the review, with the exception of points (1) and (2) below. The Review Panel, upon receiving the Request for Review, may require compliance with the Order that is under review without a hearing:
- Where there is an immediate threat to public safety or the safety of any person; and
- Will require the electrical installation that is under review, not to be concealed or rendered inaccessible until it conforms to the Electrical Safety Code or Electrical Distribution Safety Regulation.
Composition of the Review Panel Roster
Depending on the nature of the appeal, every effort is made to ensure that at least one panel member is a representative from that particular area that is being appealed. Based on similar principles from the Canadian Standards Association model code, when nominations are reviewed, ESA makes every effort to ensure that the Review Panel Roster is made up of a variety of backgrounds and has a balanced representation of members from areas in product safety, licensing and certification, utilities, standards and the Ontario Electrical Safety Code.
Members of the Review Panel Roster are not ESA employees, but are respected members from various industries that help shape a culture of safety within Ontario.
A specified number of Review Panel Roster members will consist of representatives of organizations and individuals that include:
- Electrical contractors
- Representatives of local distribution companies
- Retired ESA employees (inspectors/operations/regulatory affairs) who have not been actively employed with ESA for a minimum of 5 years
- Master electricians, and Certified electrical technicians or technologists (CET)
- Standards organizations
- Product certification representatives
- Contracting company owners
- Professional engineers
- Members of professional organizations that relate to the electricity sector
- Members of the Regulatory community
- Individuals with relevant knowledge and expertise
MEMBERS OF THE REVIEW PANEL ROSTER
Current Review Panel Members
|Tim Pope||C.E.T., Code & Standards, CSA|
|Gary Rygus||Industry Representative Director, Retail Council of Canada|
|Joan Pajunen||Consumer Representative|
|Robert G. (Bob) Lake||P. Eng., Electrical Utilities|
|Michel Bourassa||Code & Standards Representative Director, Standards Council of Canada|
|Ted Whitworth||Consumer Representative|
|Shelly Cunningham||P. Eng., Electrical Utilities|
|Robert (Bob) Brownie||Electrical Contractor|
|Klass Degroot||Regulatory Sector, Electrical Utilities|
|Mel Fruitman||Manufacturers Representative|
|Michael Allsop||Journeyman Electrician|
|William (Bill) Schwartz||C.E.T., Electrical Utilities|
|Doug Geralde||Code & Standards Representative Director, Canadian Standards Association|
|David Cowling||Johnstone and Cowling, LLP - Counsel for the Review Panel|
|Patrick Simon||Johnstone and Cowling, LLP - Counsel for the Review Panel|
Past Review Panel Members
|Wasim Hassan||P. Eng., Consultant, Electrical Utilities, Electrical Inspection, Municipal Government|
|Frank Zechner||P. Eng., L.L.B., Regulatory Sector|
|Elizabeth Sproule||Regulatory Sector Adjudicator, Licence Appeal Tribunal|
|Carl Kropp||P. Eng., Electrical Utilities|
|Robert Nelson||C&M, Master Electrician – CSA, former Electrical Inspector|
|Roy Hicks||P. Eng., Consultant & Retired Electrical Inspection Manager|
|Reg Macdonald||Electrical Contractor – OEL|
|Gary M. Beer||CET & Arbitrator, Electrical Contractor, ECAO|
|Les Stoch||P.Eng., Consultant & Retired Chief Inspector|
|Romano Sironi||P.Eng., Toronto Hydro|
|Warren Beacom||Industrial Electrician, CEO metering company, Private Sector|