1895-00-HS Brian Maloney, Appellant v. Ministry of Natural Resources, Nicole Pearse, Inspector and Ministry of Labour, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; September 29, 2000
1. This 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 Nicole Pearse in F.V. No. 864467 on August 22, 2000 (the "Order"). The appellant in his appeal confirms that the Order was made on that date.
2. The appeal is dated September 25, 2000 and was mailed on that date. The appeal was filed with the Board on September 27, 2000, the day the Board received the appeal document in the mail.
3. Section 61(1) of the Act provides, in part:
Any…worker…which considers himself…aggrieved by any order made by an inspector under this Act…may appeal to the Board within 30 days after the making of the order.
The 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 21, 2000. As the appeal was not even mailed to the Board until September 25, 2000 and was not received by the Board until September 27, 2000, it is untimely and must be dismissed.
DISPOSITION
4. This appeal of the Order in F.V. No. 864467 made on August 22, 2000 is dismissed as it was filed with the Board more than thirty days after the Order was made.
"Harry Freedman"
for the Board