0853-01-HS Staples/Business Depot #134, Applicant v. Ministry of Labour, Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; June 21, 2001
This is an application under section 61(1) of the Occupational Health and Safety Act (“OHSA”) appealing a decision made by an Occupational Health and Safety Inspector on May 9, 2001.
By letter dated June 12, 2001, the applicant informed the Board of its intention to appeal.
The application is untimely.
Section 61(1) of the OHSA requires that an appeal be made to the Board within thirty (30) days of the order. Section 61(1) provides as follows:
(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.
The Board has no discretion to extend the time for the filing of an appeal of an inspector’s order. This application was filed outside of the 30-day time limit and is therefore dismissed.
“Christopher J. Albertyn”
for the Board