Appeals
TSSA delivers public safety services within its delegated responsibility to administer the Technical and Standards Safety Act, 2000 (the Act). Under subsection 22.(1) of the Act, any person affected by an inspector’s order/seal or disputes regarding the requirement to pay fees may appeal. Types of Appeal
Under the Act, three types of appeal exist:
Fee Appeal: an appeal of the requirement to pay fees for an inspection;
Order Appeal: an appeal of an inspector’s order regarding a contravention under the Act, regulations or Minister’s Order; or
Seal Appeal: an appeal of the affixing of a seal that denies operation of a thing (whether subject to an authorization or not). Fee Appeal: Under the Act, TSSA charges fees on a cost-recovery basis as a not-for-profit administrative authority under provincial law. If considering a fee appeal, keep in mind that the time an inspector spends at a given site is only a small portion of the overall inspection. Other factors may include travel time, statements from others or report completion to name a few. A breakdown of factors should be indicated on your invoice. Check the invoice and contact TSSA regarding any fee-related questions or concerns, prior to seeking an appeal. FAQs
Can TSSA suspend my authorization (e.g. certificate, registration, permit) for non-payment of fees? Yes. Under subsection 13.(1) of the Act, the Director may suspend, refuse to grant or refuse to renew an authorization. Subsection 13.(1) of the Act provides as follows:
Suspension of authorization for default in payment
13.(1) If an authorization holder is in default of the payment of a fee, an administrative penalty, a cost or other charge owing to the designated administrative authority, of a fine imposed on conviction for an offence under this Act or an order made under clause 69 (2) (a) or (b) of the Provincial Offences Act, a director may, (a) suspend the holder’s authorization; or
(b) refuse to grant an authorization to the holder or to renew the holder’s authorization. Order/Seal Appeal: An inspector’s order will quote the specific violation of the Act, regulation or code. If you do not believe you were non-compliant, you may seek to resolve the matter through an informal resolution or the formal appeal process. If engaged in any appeal, that appeal does not suspend the order: you must abide by the directive even under appeal. After the appeal hearing, the Director may change, revoke or affirm an order. Before engaging in a formal appeal, which may be a lengthy legal process depending on complexity, you may consider an informal resolution. Informal Resolution
Matters can often be cleared up with a simple phone call. Fees: If you have a question or concern regarding the requirement to pay fees, contact TSSA toll-free at 1-877-682-8772.
Order/Seal: If you have a question or concern regarding an inspector’s order or seal, contact your local inspector, the regional supervisor or operations manager. If you are still not satisfied with the rationale for a respective order, seal or fee, you may engage in a formal appeal. Rules of Practice for Appeals
To proceed with a formal appeal, please visit the appeals page within our corporate site: www.tssa.org/corporate/appeals. To find a copy of the Technical Standards and Safety Act, 2000, please visit ServiceOntario’s database of legal statutes and legislation at
www.e-laws.gov.on.ca.
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