Court File and Parties
1332-01-HS Liquor Control Board of Ontario, Applicant v. John Carpenter Union Co-Chair, Joint Health and Safety Committee, Debbie Beasley, Inspector, and Ministry of Labour, Responding Parties.
1333-01-HS Liquor Control Board of Ontario, Applicant v. John Carpenter, Union Co-Chair, Joint Health and Safety Committee, Debbie Beasley, Inspector, and Ministry of Labour, Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; November 5, 2001
Decision
1This is an application for reconsideration of the Board’s decision dated August 29, 2001 in which the Board dismissed the above applications pursuant to section 61 of the Occupational Health and Safety Act (the “Act”). Paragraph 5 of the decision states:
- As there is no power to extend the time prescribed by section 61(1) of the Act within which to file an appeal, and in this case to request a suspension of this appeal pending its determination, this appeal is untimely and must be dismissed.
2The applicant refers to Streamline Copper and Brass Ltd., [1995] O.O.H.S.A.D. No. 49, to support its request that the Board should reconsider its decision and in these circumstances extend the time for filing this appeal (and the request for suspension).
3Streamline (supra), predates the changes in the Act. At that time the time limit was 14 days and the parties were allowed to file appeals “in writing, orally or by telephone”. In 1998 the Act was amended to allow an aggrieved party to file an appeal within 30 days, and the statute now says explicitly that the appeal has to be made to the Board (section 61(1)). The Board’s Rules of Procedure state that appeals must be made in writing on the appropriate form. The Board’s decisions have affirmed that the time limit continues to be mandatory. The Board was not given any discretion to extend the time limit.
4As the Board has stated in paragraph 3 of Cambridge Towel Corporation, unreported decision dated May 14, 2001:
- Section 61(1) of the Act provides, in part:
Any employer…which considers…itself 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 or the Board’s Rules that permits the Board to extend the time for appealing from an inspector’s order. See National Steel Car Limited, Board File Nos. 2958-00-HS, 2959-00-HS, decision dated January 24, 2001, unreported, Q.L. cite [2001] O.O.H.S.A.D. No. 8; Toronto Catholic District School Board, Board File No. 0179-00-HS, decision dated April 27, 2000, unreported, Q. L. cite [2000] O.O.H.S.A.D. No. 82; National Grocers Cash & Carry, Board File No. 1900-00-HS, decision dated October 4, 2000, unreported, Q.L. cite [2000] O.O.H.S.A.D. No. 168; Ministry of Natural Resources, Board File No. 1895-00-HS, unreported, decision dated September 29, 2000, Q.L. cite [2000] O.O.H.S.A.D. No. 166.
5Section 61(8) of the Act gives the Board the power to reconsider its decisions, it does not give the Board the power to extend mandatory time limits set out in section 61(1) of the Act. The legislation does not provide for a discretion to extend the mandatory time limit for filing an appeal under section 61 of the Act.
6The applicant points out that the Ministry of Labour has taken the position throughout these proceedings that this appeal should be considered and that a stay should be granted. Perhaps the parties can arrive at a satisfactory solution to this issue without the necessity of an appeal.
7At the outset the applicant recognized that this appeal was filed outside the time limits set out in section 61(1) of the Act.
8Having regard to the above and the reasons set out in the decision of August 29, 2001 this request for reconsideration is denied.
“Inge M. Stamp”
for the Board