3206-99-ES Mayaka International (Canada) Inc. and Mayaka International (Ontario) Inc., Applicants v. Ocean Koon and Ministry of Labour, Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; February 15, 2000
This is an application for review of an Order to Pay issued by an Employment Standards Officer pursuant to section 68 of the Employment Standards Act, R.S.O. 1990, c.E.14, as amended (the “Act”).
The Order to Pay was issued on December 10, 1999. This application was first filed with the Board on January 31, 2000. Pursuant to section 68(3) of the Act, the application is untimely. Section 68(3) provides as follows:
(3) An application for a review must be made,
(a) in the case of an application for a review of an order, within 45 days after the date of the order;
(b) in the case of an application for a review of a refusal to issue an order, within 45 days after the date of the letter advising of the refusal or the date on which the refusal was deemed to have occurred under subsection 67 (2).
Section 68(4) permits the Board to extend the time for a review if it considers it advisable to do so. The Board’s Registrar advised the applicant by letter dated February 9, 2000 that it appeared that the application was untimely and invited the applicant to advise the Board why the application was timely or why the Board should extend the time for applying for review. Counsel for the applicant responded on February 10, 2000 and advised the Board that it had interpreted the deadline for the filing of the review to mean 45 days from the date of receipt of the Order and not 45 days of the date of the Order. In the circumstances, the Board is not persuaded to exercise its discretion pursuant to section 68(4) to extend the time period for filing of the review.
Accordingly, this application is dismissed as it was made more than 45 days after the date of the Order to Pay. The Board directs the Ministry of Labour to disburse the monies held in trust in the manner set forth in the Order to Pay.
“John Morgan Lewis”
for the Board