South Bay Marina Limited v. Joanne Longboat Crane and Ministry of Labour
2891-99-ES South Bay Marina Limited, Applicant v. Joanne Longboat Crane and Ministry of Labour, Responding Parties.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; February 4, 2000
This matter is an application for review of an order to pay issued on April 16, 1999. The applicant requests an extension of time for the filing of this appeal.
It is apparent from the file that, following the issuance of the order to pay, the Ministry of Labour has had ongoing discussions with the applicant concerning the order to pay. Based on the materials filed it may be appropriate to grant the applicant an extension of time for the filing of the appeal.
The applicant has not, however, paid the entire amount of the order to pay as is required in order to file an appeal. The order to pay stipulates that the applicant is required to pay $2,080. (the amount of the assessment) plus $208. in statutory administrative costs. The total amount of the order to pay is $2,288. The applicant has only paid $2,080.
The Board’s available discretion is to extend the time for applying for a review, not to extend the time for paying monies into trust. The applicable provisions of the Employment Standards Act stipulate that an application for review is not complete unless the amount of the order to pay, in this case $2,288., has been paid into trust. It is inconsistent with the statute to effectively extend the 45 day time limit where a complete application for review has not been filed. Having regard to the fact that the applicant has not paid the entire amount of the order to pay I decline to grant an extension of time for applying.
The applicant has 10 calendar days from the date of this decision to pay the remaining money and provide the Registrar of the Ontario Labour Relations Board with proof of such payment. In the event payment is not made this matter will be deemed to be terminated. In the event payment is received, the applicant’s request for an extension will be considered by the Board.
“D L. Gee”
for the Board