Delta M3 Technologies Corporation v. Mario Almendrades and Ministry of Labour

2864-99-ES Delta M3 Technologies Corporation, Applicant v. Mario Almendrades and Ministry of Labour, Responding Parties.

BEFORE: D. L. Gee, Vice-Chair.

DECISION OF THE BOARD; March 14, 2000

1. The Board is in receipt of a request for reconsideration of the Board’s decision of February 2, 2000. The applicant appears to be suggesting that the Board has denied its request for an extension of time for the filing of an application for review and that this matter is somehow governed by the terms of the Labour Relations Act, 1995 (the “Act”).

2. First, this is an application for review pursuant to section 68 of the Employment Standards Act and is not an application under the Act. The fact that the Ontario Labour Relations Board is the administrative tribunal that determines disputes under both statutes does not render the terms of the Act applicable to this application.

3. What the applicant wants is an extension of time for the payment of money into trust with the Director. The Board has no jurisdiction to grant such a request. As the Board stated in its February 2, 2000 decision, the Board’s jurisdiction is restricted to granting an extension of time for the filing of an appeal and is only empowered to grant such an extension after an appeal, which includes the payment of the money stipulated in the order to pay to the Director in trust or provision to the Director of an acceptable irrevocable letter of credit, has actually been filed. In the instant case, the money stipulated in the order to pay has not been paid nor has the applicant provided the Director with an acceptable letter of credit. Thus, I cannot consider the request for an extension of time.

4. The proper time to make a request for an extension of time for the filing of an application for review is after the monies have been paid. The applicant is free to make its request at that time.

“D. L. Gee”

for the Board