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Who is Involved?

Who is involved in the review or appeal process?

This section provides general information about those involved in the review and appeal processes. The ESA has a number of Statutory Directors who are given power under the legislation to make certain decisions. The ESA also has an independent Review Panel to hear appeals from those ESA decisions.

 

STATUTORY DIRECTORS – FIRST LEVEL DECISIONS

Directors are appointed by the ESA under subsection 113.1 of the Electricity Act and 9(1) of the Safety and Consumer Statutes Administration Act, 1996, as applicable. Certain Directors make decisions or take action to enforce the electrical standards in the legislation. These Directors are responsible for the ESA Orders about electrical safety or the ESA Notices of Proposal (or Provisional Notice in some urgent cases) to refuse, suspend, revoke or impose conditions on an authorization required to perform electrical work or operate an electrical contracting business.

Director of Contractor Licensing
The Statutory Director, under Part VIII, s. 113.3 (1) of the Electricity Act, 1998, issues Notices of Proposal or Notice of Provisional Suspension or Notice of Provisional Refusal to Renew of the licence, under authority of section 113 of the Electricity Act and Ontario Regulation 570/05 (Licencing of Electrical Contractors and Master Electricians).

Director, Codes and Standards
The Provincial Code Engineer is appointed as a Statutory Director and may issue Orders related to compliance with the Ontario Electrical Safety Code.

Director of Powerline Safety
The Statutory Director may issue an Order related to compliance with the Ontario Electrical Distribution Safety Regulation (O. Reg. 22/04)

Director, Product Safety
The Statutory Director may issue Orders related to compliance with the Ontario Product Safety Regulation (O. Reg. 438/07).

 

STATUTORY DIRECTORS – REVIEWS AND APPEALS

Director of Reviews and Appeals
The Director of Reviews and Appeals is appointed by ESA to conduct Director’s Reviews of disputed ESA Orders or to conduct Director’s Hearings for disputed ESA Notices, as described here. The Director of Reviews and Appeals will use a written process to hear from both the Applicant and the ESA staff who made the Order or Notice being disputed. The Director of Reviews and Appeals will then make a fair, independent and efficient decision. This decision can be appealed to the ESA Review Panel.

Director of Review Panel Appointments
The Director of Review Panel Appointments is appointed by ESA to be responsible for the appointment and administration of the Review Panel Roster, and the ESA Reviews and Appeals Office. This Director acts independently from the other Statutory Directors, to ensure that the Review Panel’s appeal process is independent.

 

REVIEW PANEL

The Review Panel is assigned from a roster of expert members who have a duty to act independently from the ESA when adjudicating these appeals. A Review Panel hears and decides the appeal in a manner that is fair, accessible and efficient.

ESA Review Panel Roster (Effective April 1, 2019)

The Electrical Safety Authority (ESA) has appointed the following members to the ESA Review Panel Roster.

 Industry Members

Andrew Bloomfield, P. Eng., M.E., MBA

Electrical Utilities/Distribution

George Matai, P. Eng., M.E.

Electrical Utilities/Distribution

David Wilkinson, P. Eng., MBA

Electrical Utilities/Distribution

Darren Desrosiers, P. Eng.

Electrical Utilities/Distribution

Patrick Griffin, M.E.

Electrical Utilities/Distribution

Lee Lawrence, M.E.

Contractor Licensing, Occupational Health & Safety

Michael Mankulich, M.E.

Contractor Licensing, OESC

Jeff Dunn, M.E.

Contractor Licensing, OESC

Rainer Arocena, P. Eng., PMP., M.E.

Contractor Licensing

Ralph Van Haeren

Contractor Licensing, OESC, Utilities/Distribution

 

Public Presiding Members

Ellen Pekilis, LLB

Governance, Regulatory, Product Safety, Adjudication

Paul Sommerville, LLB

Regulatory, Administrative Law, Adjudication, Energy Sector

Reena Goyal, JD, LLM

Energy and Infrastructure Law, Regulatory, Dispute Resolution 

John O’Kane, LLB

Administrative Law, Adjudication, Agri-sector

Emad Elsayed, Ph.D., M. Eng., P. Eng.

Energy, Electricity and Natural Gas Sectors, Adjudication

 

These Review Panel Roster members have been appointed to take over from the current Roster members whose term expires on Sept. 29, 2019. An overlap between the outgoing and upcoming Rosters will ensure a smooth transition and exchange of expertise for the services provided by the Review Panel Roster. Learn more about outgoing Roster. 

View biographies of the individual Review Panel Roster members (Effective Apr. 1, 2019)

 

Members of the Review Panel Rosterare respected professionals from various sectors that help shape a culture of safety and effective regulation within Ontario. The Review Panel Roster consists of individuals with adjudicative experience as well as members with expertise in relevant industries regulated by ESA, including product safety, licensing and certification, utilities, standards, and the Ontario Electrical Safety Code.

More information about the appeal process

 

REVIEWS AND APPEALS OFFICE

The ESA Reviews and Appeals Office provides administrative support to the Director of Reviews and Appeals, and also to the Review Panel. The ESA has a small number of cases, and the staff support is provided by the Manager of Reviews and Appeals. For appeals to the Review Panel, the Coordinator reports to the Director of Review Panel Appointments.

The Coordinator may be contacted at esa.appeals@electricalsafety.on.ca

 

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 - You are here now
  5. Review Panel Decisions are some cases that have been heard by the Review Panel in the past
  6. FAQs