O. Reg. 122/06: APPEAL OF DIRECTOR'S DECISION ON LICENCES UNDER PART VIII OF THE ELECTRICITY ACT, 1998Skip to content
Safety and Consumer Statutes Administration Act, 1996
Loi de 1996 sur l’application de certaines lois traitant de sécurité et de services aux consommateurs
ONTARIO REGULATION 122/06
APPEAL OF DIRECTOR’S DECISION ON LICENCES UNDER PART VIII OF THE ELECTRICITY ACT, 1998
Historical version for the period June 18, 2008 to May 7, 2009.
Last amendment: O. Reg. 211/08.
This Regulation is made in English only.
1. In this Regulation,
“Authority” means the Electrical Safety Authority;
“Director” means a person appointed as a Director under Part VIII of the Electricity Act, 1998;
“Review Panel” means a panel of not more than three persons appointed by the Electrical Safety Authority. O. Reg. 122/06, s. 1.
Appeal to Review Panel
2. (1) If, after a hearing on a proposal under section 113.4 of the Electricity Act, 1998, a Director concludes the Director is entitled to carry out the proposal under that section, a person named in the proposal may appeal the decision of the Director to the Review Panel by filing a notice of appeal with the Review Panel within 15 days after the decision is made. O. Reg. 122/06, s. 2 (1).
(2) In accordance with section 113.9 of the Electricity Act, 1998, if a person appeals a decision of a Director under subsection (1), the Review Panel shall review the decision and the person is not entitled to appeal it to the Divisional Court under section 113.10 of that Act except as provided in section 4 of this Regulation. O. Reg. 122/06, s. 2 (2).
(3) Before or after the expiration of the time for appealing a decision, a person mentioned in subsection (1) may apply to the Review Panel for an extension of the time for appealing the decision. O. Reg. 122/06, s. 2 (3).
(4) The extension shall be for no more than 15 days from the day that the Review Panel grants the extension. O. Reg. 122/06, s. 2 (4).
(5) The Review Panel may grant the extension if it is 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. O. Reg. 122/06, s. 2 (5).
(6) An appeal under subsection (1) operates as a stay of the decision pending the outcome of the appeal. O. Reg. 122/06, s. 2 (6).
(7) Upon the application of the Director, which may be made without notice, the Review Panel may order that the stay of the decision be lifted if, in its opinion, the action is necessary in the interest of public safety or consumer protection. O. Reg. 122/06, s. 2 (7).
(8) Subject to subsection (10), if a person appeals under subsection (1), the Review Panel shall appoint a time for a hearing and hold the hearing. O. Reg. 122/06, s. 2 (8).
(9) The Director or a person designated by the Director for that purpose is entitled to be heard at the hearing. O. Reg. 122/06, s. 2 (9).
(10) If, on the application of a party to a hearing before the Review Panel with notice to the other parties, the Review Panel is satisfied that the appeal is frivolous or vexatious, the Review Panel may refuse to grant the hearing or may terminate the hearing at any time and make an order of costs as it considers appropriate in the circumstances. O. Reg. 122/06, s. 2 (10).
(11) The Review Panel may, by order, confirm, amend, rescind or impose terms and conditions to the decision of the Director or make whatever other decision that the Review Panel deems appropriate. O. Reg. 122/06, s. 2 (11).
(12) The Review Panel may make orders as to costs payable by the parties to the appeal and orders requiring the parties to the appeal to reimburse the Authority for its expenses incurred in respect of the appeal. O. Reg. 122/06, s. 2 (12).
Rules for hearings
3. (1) The Authority may make rules establishing procedures for the hearing of appeals under section 2 including,
(a) rules applicable if a member of the Review Panel conducting a hearing is unable to continue to conduct the hearing because of illness or other reason; and
(b) rules providing that the oral evidence given before the Review Panel at a hearing may be recorded if a party to the hearing so requests and pays the fee established by the Authority for that purpose in accordance with section 12 of the Act. O. Reg. 122/06, s. 3 (1).
(2) A rule made under clause (1) (a) may provide for the continuation or termination of the hearing, with or without the consent of the parties, or the commencement of a new hearing by a panel differently composed if the initial hearing is terminated. O. Reg. 122/06, s. 3 (2).
(3) A rule made under this section may be general or specific in its application and may apply differently to different hearings. O. Reg. 122/06, s. 3 (3).
Appeal to Divisional Court
4. (1) Any party to the hearing before the Review Panel under section 2 may appeal the decision of the Review Panel to the Divisional Court in accordance with the rules of court on any question that is not a question of fact alone. O. Reg. 122/06, s. 4 (1).
(2) The Minister is entitled to be heard at a hearing under this section. O. Reg. 122/06, s. 4 (2).
(3) The court that hears an appeal under this section may,
(a) refer the matter back to the Review Panel for reconsideration by the Review Panel; or
(b) confirm or rescind the decision of the Review Panel. O. Reg. 122/06, s. 4 (3); O. Reg. 211/08, s. 1 (1).
(4) Revoked : O. Reg. 211/08, s. 1 (2).