If you are an Infrastructure Owner or an Excavator and have been subject to compliance action or an Administrative Penalty, you have the right to either dispute or appeal the decision, depending on the compliance determination.
For compliance action, other than an Administrative Penalty, Infrastructure Owners and Excavators have the right to dispute. A Dispute Policy has been published to allow parties to use the dispute process. The Policy creates a framework to work collaboratively to resolve disputes, and where necessary, a fair mechanism to achieve a final and binding resolution. The document outlines what can be disputed, timelines to dispute, and how to dispute. Within 10 calendar days of receiving a compliance decision Infrastructure Owners and Excavators have the following options.
Infrastructure Owners have two options:
- Option 1 includes the right to have a management discussion, but is not required, and a court application pursuant to Section 191 of the Not-For-Profit Corporations Act
- Option 2 is a Private Dispute Resolution starting with a management discussion, and if unsatisfied, the right to binding Arbitration.
Excavators have one option:
- A Private Dispute Resolution starting with a management discussion, and if unsatisfied, the right to binding Arbitration.
To see full details including timelines necessary to use the dispute process, please read the Dispute Policy (PDF).
Appeal Process for an Administrative Penalty
Within 15 calendars of receiving an Administrative Penalty Order from Ontario One Call, a contravener may appeal. This is done by sending a written notice of appeal to Ontario One Call and the Appeal Body (Ontario Land Tribunal).
To find more information on who to send a written appeal to, please read the Administrative Penalty Policy (PDF).
To find out more information on the Ontario Land Tribunal process please visit their website.