O. Reg. 11/23: GENERAL

 

ontario regulation 11/23

made under the

Safety and Consumer Statutes Administration Act, 1996

Made: December 8, 2022
Filed: January 30, 2023
Published on e-Laws: January 30, 2023
Printed in The Ontario Gazette: February 18, 2023

Amending O. Reg. 187/09

(GENERAL)

1. Ontario Regulation 187/09 is amended by adding the following Part:

Part I.1
General Rules Re Parts II, III and IV

Definitions

7. In this Part and Parts II, III and IV,

“Authority” means the Electrical Safety Authority;

“Review Panel” means a panel appointed in accordance with section 7.1.

Appointment of Review Panel

7.1 If the Authority receives a referral under clause 9 (9) (a) or a notice of appeal or request for extension under section 10, 14 or 17, the Authority shall appoint a panel of not more than three persons for the purposes of Part II, III or IV, as the case may be.

Rules for hearings

7.2 (1) The Authority may make rules establishing procedures for the hearing of matters under sections 9, 10, 14 and 17, 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.

(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.

(3) A rule made under this section may be general or specific in its application and may apply differently to different hearings.

2. The definitions of “Authority” and “Review Panel” in section 8 of the Regulation are revoked.

3. Section 9 of the Regulation is amended by adding the following subsection:

(10) A referral under clause (9) (a) is made by filing a notice of referral with the Authority.

4. (1) Subsection 10 (1) of the Regulation is amended by striking out “by filing a notice of appeal with the Review Panel” and substituting “by filing a notice of appeal with the Authority”.

(2) Subsection 10 (2) of the Regulation is amended by adding “by filing a request for an extension with the Authority” at the end.

5. Section 11 of the Regulation is revoked.

6. Subsection 12 (3) of the Regulation is amended by striking out “judge” in the portion before clause (a) and substituting “court”.

7. The definitions of “Authority” and “Review Panel” in section 13 of the Regulation are revoked.

8. (1) Subsection 14 (1) of the Regulation is amended by striking out “by filing a notice of appeal with the Review Panel” and substituting “by filing a notice of appeal with the Authority”.

(2) Subsection 14 (3) of the Regulation is amended by adding “by filing a request for an extension with the Authority” at the end.

9. Section 15 of the Regulation is revoked.

10. Sections 17 to 19 of the Regulation are revoked and the following substituted:

Part IV
Appeal of Administrative Penalty Orders Under Part VIII of the Electricity Act, 1998

Appeal of administrative penalty order

17. (1) In this Part,

“Director” means a person appointed as a Director under Part VIII of the Electricity Act, 1998.

(2) A person on whom an order imposing an administrative penalty is made under subsection 113.18.1 (1) of the Electricity Act, 1998 may appeal the order to the Review Panel by delivering a written notice of appeal to the Authority within 15 days after receiving the order.

(3) Before or after the expiration of the time for appealing an order, a person mentioned in subsection (2) may apply to the Review Panel for an extension of the time for appealing the order by filing a request for an extension with the Authority.

(4) The extension shall be for no more than 15 days from the day that the Review Panel grants the extension.

(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.

(6) If the person does not appeal the order in accordance with subsection (2), the order is confirmed.

(7) The Director, the appellant and the other persons that the Review Panel specifies are parties to the appeal.

(8) An appeal under subsection (2) operates as a stay of the order pending the outcome of the appeal.

Hearings

18. (1) Subject to subsection (3), if a person appeals under subsection 17 (2), the Review Panel shall appoint a time for a hearing and hold the hearing.

(2) The Director or a person designated by the Director for that purpose is entitled to be heard at the hearing.

(3) 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.

(4) The Review Panel may, by order, confirm, amend, rescind or impose terms and conditions to the Director’s order or make whatever other decision that the Review Panel deems appropriate.

(5) 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.

Appeal to Divisional Court

19. (1) Any party to the hearing before the Review Panel under section 18 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.

(2) The Minister is entitled to be heard at a hearing under this section.

(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.

(4) Even if the appellant appeals an order of the Review Panel, the order takes effect immediately, unless the order provides otherwise, but the Divisional Court may grant a stay until the disposition of the appeal.

Commencement

11. This Regulation comes into force on the later of the day section 6 of Schedule 9 to the Supporting People and Businesses Act, 2021 comes into force and the day this Regulation is filed.