The IESO's dispute resolution process is used for disputes:
- that arise under the market rules or certain agreements to which the IESO is a party
- relating to orders by the IESO denying authorization to a prospective market participant or denying registration to a prospective metering service provider
- between market participants, which do not necessarily involve the IESO
Three potential steps exist in the dispute resolution process following the service of a notice of dispute.
1. Good faith negotiations
The process begins with good faith negotiations between the disputing parties. The parties assign a representative to the negotiation that has the authority to negotiate the matter in dispute.
If a negotiated agreement is not possible, one of the parties files a notice of dispute with the Secretary of the Dispute Resolution Panel and then serves it to the other disputants. Parties receiving such a notice must serve and file a response within 10 days.
At this point, the Secretary appoints a mediator and parties sign a confidentiality agreement. Each party bears its own costs at mediation and shares equally in the cost of the mediation process. If the parties agree to dispense with mediation, the mediation is not successful, or the allotted time runs out, the process then proceeds to arbitration.
See good faith negotiations and mediation flow chart.
If the dispute is not resolved through mediation, the Secretary appoints an arbitrator to schedule a hearing. Parties to the dispute also have the option of selecting from a list of five arbitrators. Summaries of the dispute are made public at this time on the IESO website. No less than five days prior to the hearing, directly affected parties may seek to intervene.
The arbitrator will, within 30 days of the end of the hearing, deliver any award that is just and reasonable, and may include, but is not limited to, penalties, damages and costs. The arbitrator's award is fully enforceable under the law and is subject to the appeal provisions of the Electricity Act, 1998.
More information is available on the arbitration flow chart.
Dispute resolution forms
IMO form 1001
IMO form 1002
IMO form 1095
IMP AGR 0005
IMO Form 1097
IMO form 1090
IMO form 1091
IMO form 1092
Invoice For Costs of the Mediation or Costs of the Arbitration
IMO Form 1094
IMO form 1446
All dispute resolution documents must be filed with the Secretary at the following address:
Secretary, Dispute Resolution Panel
1600-120 Adelaide Street West
Toronto, ON M5H 1T1
Market Rules: Chapter 3 - Administration, Supervision, Enforcement
Market Manual 2: Market Administration 2.1: Dispute Resolution