2902-99-HS Dofasco Inc., Applicant v. Ministry of Labour, and Scott Hanville, Responding Parties.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; January 10, 2000
This is an application under section 61(1) of the Occupational Health and Safety Act (“OHSA”) appealing a decision made by an Occupational Health and Safety Inspector on November 18, 1999.
By letter dated December 22, 1999 counsel for the applicant informed the Board of its intention to file appeal documents. These documents were filed on December 23, 1999.
Based on either of the dates referred to in paragraph 2, the application is untimely. Counsel for the applicant requests that the Board extend the time for filing the appeal. The reasons stated by the applicant for the late filing is that the parties were in discussions and attempting to schedule a meeting to avoid the filing of the appeal. The applicant asserts that they made efforts to contact officials at the Ministry of Labour, including the Inspector, and further, the applicant filed its Notice of Compliance form.
Section 61(1) of the OHSA requires that an appeal be made to the Board within thirty (30) days of the order. Section 61(1) provides as follows:
(1) Any employer, constructor, licensee, owner, worker or trade union which considers himself, herself or itself aggrieved by any order made by an inspector under this Act or the regulations may appeal to the Board within 30 days after the making of the order.
The Board has no discretion to extend the time for the filing of an appeal of an inspector’s order. This application was filed outside of the 30-day time limit and is therefore dismissed.
“Marilyn Silverman”
for the Board