1900-00-HS National Grocers Cash & Carry, Applicant v. Store Employees (Non-Unionized) and Ministry of Labour, Responding Parties.
BEFORE: John Morgan Lewis, Vice‑Chair.
DECISION OF THE BOARD; October 4, 2000
1This is an appeal under section 61(1) of the Occupational Health and Safety Act, R. S. O. 1990, c. O. 1, as amended (the "Act") of an order issued by Inspector Lou Parco in F.V. No. 863540 on August 28, 2000 (the "Order").
2The appeal was filed with the Board on September 27, 2000. Pursuant to section 61(1) of the Act, the appeal is untimely.
3Perhaps anticipating that the timing of the appeal may be problematic, the applicant raised a number of isues in a covering letter attached to the application. First, the applicant advised that the Order, although made on August 28, 2000, was delivered to the applicant on August 29, 2000. Secondly, the applicant advised that verbal notice of the appeal was provided to the Board on September 27, 2000. Finally, the applicant noted that the appeal would have been filed on September 27, 2000 but for dificulties encountered in obtaining Form A-65 on which the appeal must be filed. For all of these reasons, the applicant asserts that the Board should treat the application as being filed in a timely manner.
4Section 61(1) of the Act provides, in part:
- (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.
5The Act is clear. An appeal of an order must be filed with the Board within 30 days after the making of the order. There is no provision in the Act that permits the Board to extend the time for appealing an inspector's order. The time for appealing the Order in this case expired on September 27, 2000. The 30 day time period commences from the date the Order is made; not from when the Order was delivered to the applicant. Further, the Board's Rules of Procedure do not contemplate an appeal being filed verbally. Rule 1 of Appendix "C" of the Board's Rules of Procedure requires that an application under section 61(1) of the Act must be made in writing on Form A-65.
Disposition
6This appeal of the Order in F.V. No. 863540 made on August 28, 2000 is dismissed as it was filed with the Board more than thirty days after the Order was made.
"John Morgan Lewis"
for the Board