The Fire Safety Commission has the authority to rescind, amend or affirm the Order. In addition, it may substitute its opinion for that of the Fire Marshal where an informal review by the Fire Marshal has taken place. Any person involved in an appeal may attend or be represented by legal counsel or an agent at a hearing. It should be noted that if persons are notified of the hearing, but do not attend, the hearing may still take place in their absence. The Fire Safety Commission permits the inclusion of any oral testimony or any document or thing that is relevant, provided this evidence would be admissible in a court of law.
All parties involved in a dispute receive a copy of the decision and supporting reasons.
Copies of decisions are available to the fire service, municipalities and building construction industry upon request. The OFM also publishes summaries of decisions in the Ontario Fire Service Messenger and on this Web site. Where Immediate Action is Required The Fire Safety Commission, upon application, may lift the stay of an Order that is under appeal where it considers such action necessary and in the interest of public safety. The decision of the Fire Safety Commission may be appealed to the Divisional Court in accordance with the Rules of Court provided that the appeal is not on a question of fact alone. The Court may refer the matter back to the Commission for reconsideration or substitute its own opinion for that of the Commission.