AquaNorth Farms Inc., o/a AquaNorth Forest Nurseries v. Michele Belanger et al.
File No.: 1882-99-HS Date: August 22, 2000
Applicant: AquaNorth Farms Inc., o/a AquaNorth Forest Nurseries Responding Parties: Michele Belanger, Cathy Beerkens, Chantal Levesque, Donna Pilon, Caroline St. Onge, Alderic Godin, Tamara Liddle and Ministry of Labour
Before: Christopher J. Albertyn, Vice-Chair
DECISION OF THE BOARD
1This is a reconsideration request in respect of a decision which concerned an employer appeal filed pursuant to the provisions of subsection 61(1) of the Occupational Health and Safety Act ("the Act").
2The Board found the applicant employer ("the employer") to be an industrial establishment, by way of the definition of "factory", "logging operation" and "the practice of silviculture", and so to fall under the Act. The employer had contended before the Board that it conducted a farming operation, which is exempt from the Act. The basis of the reconsideration request is that the employer claims to have been under the impression, when the matter was presented to the Board, that the Board would take account only of the activities performed by the employer, and not its customer base. It therefore presented none of the evidence and argument available to it concerning its customer base. It would like the Board to set aside its decision for the employer to have the opportunity to re-argue the matter with regard to its customer base, which it failed to address previously.
3The Board's conclusion that the employer was not exempt from the provisions of the Act was reached not only on the basis of the employer's customer base, but on all the factors which were relevant to that determination, including the employer's activities. The matter of the employer's customer base was in issue at the hearing and was specifically raised by the Ministry in its submissions to the Board. The employer had an opportunity to deal with the issue at the hearing, or, if then unable to, to seek an opportunity to prepare itself in order to deal with it. That did not occur. The Board is satisfied that the employer had a reasonable opportunity to present its case fully at the hearing of the matter and that there is no good reason to set aside the Board's decision and re-open the hearing. The reconsideration request is denied.
"Christopher J. Albertyn"
for the Board