Extender Minerals of Canada Ltd. v. Boudreault
1625-00-HS Extender Minerals of Canada Ltd., Appellant v. Leo Boudreault, Rick Guillemette, Inspector and Ministry of Labour, Responding Parties.
1627-00-HS Extender Minerals of Canada Ltd., Applicant v. Leo Boudreault, Rick Guillemette, Inspector and Ministry of Labour, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; September 13, 2000
1The appellant filed an appeal under section 61(1) of the Occupational Health and Safety Act, R. S. O. 1990, c. O. 1, as amended (the “Act”) on August 31, 2000 of the decision of an inspector on August 28, 2000 refusing to revoke the stop work order issued by Inspector Rick Guillemette on July 19, 2000 in F.V. No. 920783 (Board File No. 1625-00-HS). The appellant, on that date, also filed an application under section 61(7) to suspend the stop work order that had been issued by Mr. Guillemette (Board File No. 1627-00-HS). Counsel for the appellant in her transmittal letter to the Board makes it clear that the appellant is not appealing the original stop work orders that were issued in F.V. No. 920783; rather the appeal relates to the subsequent decision refusing to revoke that order after the appellant had filed a report with the inspector which the appellant says addresses the concerns that gave rise to the stop work order. The application for suspension does however seek to suspend the operation of the original stop work order although no appeal has been filed in respect of that original order.
2Counsel for the appellant, by letter dated September 11, 2000 and transmitted to the Registrar in the afternoon of September 12, 2000 requests that the application for suspension of the stop work order be expedited and also seeks to have a labour relations officer appointed immediately to arrange for mediation between the parties pending the filing of a response by the Ministry of Labour to the appellant’s request for a suspension of the stop work order. Counsel points out that the stop work order is causing undue hardship to the appellant and to the workers at the mine site since the stop work order has been in effect since July 19, 2000.
3Under the circumstances, the Board hereby refers these two matters to the Manager of Field Services to appoint a labour relations officer forthwith so that arrangements can be made for mediation, whether by meeting or conference call, in order to endeavour to effect a resolution of the issues raised in both the appeal and application. The officer’s appointment and mediation efforts do not affect the responding parties’ obligation to file a response to the application in Board File No. 1627-00-HS within the time required by section 7 of Appendix C of the Board’s Rules of Procedure.
4This panel of the Board is not seized with these matters.
“Harry Freedman”
for the Board