jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Regulation, “Authority” means the Electrical Safety Authority; “Director” means a director of the Authority that the Authority appoints under subsection 9 (1) of the Act for the purpose of this Regulation; “Review Panel” means a panel of not more than three persons appointed from a roster of persons selected by the Authority. O. Reg. 3/05, s. 1.
Director’s review
2. (1) A person named in an order issued by the Authority under subsection 113 (11) of the Electricity Act, 1998 who considers himself, herself or itself aggrieved by the order may, within 15 days of the issuance of the order, apply to the Director in writing for a review of the order. O. Reg. 212/08, s. 1. (2) If a person applies to the Authority in writing for an order mentioned in subsection 113 (11) of the Electricity Act, 1998, if the Authority does not issue the order within 15 days of the application and if the person considers himself, herself or itself aggrieved by the non-issuance of the order, the person may, within a further 15 days, apply to the Director in writing for a review of the Authority’s failure to issue the order. O. Reg. 212/08, s. 1. (3) Before or after the expiration of the time for applying for a review under subsection (1) or (2), the person may apply to the Director for an extension in the time for applying for the review. O. Reg. 3/05, s. 2 (3). (4) The extension shall be for no more than 15 days from the day that the Director grants the extension. O. Reg. 3/05, s. 2 (4). (5) The Director may grant the extension if satisfied that there are apparent grounds for granting relief to the applicant and that there are reasonable grounds for granting the extension, and may give directions, as appropriate. O. Reg. 3/05, s. 2 (5). (6) An application under subsection (1) for a review of an order of the Authority operates as a stay of the order pending the outcome of the review. O. Reg. 3/05, s. 2 (6). (7) The Director may, without notice, order that the stay of the order be lifted if the Director is of the opinion that the action is necessary in the interest of public safety. O. Reg. 3/05, s. 2 (7). (8) The Director is not required to hold a hearing when conducting a review under this section. O. Reg. 3/05, s. 2 (8). (9) In reviewing an order of the Authority or the Authority’s failure to issue an order, the Director may, (a) refuse to consider the substance of the application for a review and refer the matter to the Review Panel for a hearing under section 3; or (b) confirm, amend or rescind the Authority’s order or make whatever other decision that the Director deems appropriate. O. Reg. 3/05, s. 2 (9).
Appeal to Review Panel
3. (1) A person named in a decision made by the Director under section 2 may appeal the decision to the Review Panel by filing a notice of appeal with the Review Panel within 15 days after the decision is made. O. Reg. 3/05, s. 3 (1). (2) 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 in the time for appealing the decision. O. Reg. 3/05, s. 3 (2). (3) The extension shall be for no more than 15 days from the day that the Review Panel grants the extension. O. Reg. 3/05, s. 3 (3). (4) 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. 3/05, s. 3 (4). (5) An appeal under subsection (1) operates as a stay of the decision pending the outcome of the appeal. O. Reg. 3/05, s. 3 (5). (6) 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. O. Reg. 3/05, s. 3 (6). (7) Subject to subsection (9), if a person appeals under subsection (1) or if the Director refers a matter to the Review Panel under clause 2 (9) (a), the Review Panel shall appoint a time for a hearing and hold the hearing. O. Reg. 3/05, s. 3 (7). (8) The Director or a person designated by the Director for the purpose is entitled to be heard at the hearing. O. Reg. 3/05, s. 3 (8). (9) 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. 3/05, s. 3 (9). (10) The Review Panel may, by order, confirm, amend or rescind the decision of the Director or make whatever other decision that the Review Panel deems appropriate. O. Reg. 3/05, s. 3 (10). (11) 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. 3/05, s. 3 (11).
Rules for hearings
4. (1) The Authority may make rules establishing procedures for the hearing of reviews under section 2 and appeals under section 3 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. 3/05, s. 4 (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. 3/05, s. 4 (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. 3/05, s. 4 (3).
Appeal to Divisional Court
5. (1) Any party to the hearing before the Review Panel under section 3 may appeal from 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. 3/05, s. 5 (1). (2) The Minister is entitled to be heard at a hearing under this section. O. Reg. 3/05, s. 5 (2). (3) The judge who hears an appeal under this section may, (a) refer the matter back to the Review Panel for reconsideration by the Review Panel; (b) confirm or alter the decision of the Review Panel; or (c) make whatever other order that the judge sees fit, including an order that the Director or an inspector appointed under subsection 113 (8) of the Electricity Act, 1998 do any act that the person is authorized to do under this Regulation or that Act. O. Reg. 3/05, s. 5 (3); O. Reg. 212/08, s. 2.