Ontario Labour Relations Board
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; August 29, 2001
1Board File No. 1333-01-HS is an application under section 61(7) of the Occupational Health and Safety Act (the "Act") for the suspension of the operation of an order issued by Inspector Debbie Beasley pending the disposition of the applicant's appeal of that order. The applicant filed an appeal on August 3rd, 2001under section 61 of the Act of the order made by Inspector Beasley in F.V. No. 987561 dated May 17, 2001 which is the subject matter of Board File No. 1332-01-HS.
2The applicant acknowledges that this appeal is beyond the thirty day time limit for appeals under section 61(1) of the Act. In its correspondence of August 3, 2001 the applicant requests the Board extend the time limit for making this appeal for the reasons set out in its letter. Counsel for the Ministry of Labour does not oppose the request for extension of the time limit to file this appeal and further agrees to the suspension request made by the applicant.
3Counsel for Ontario Liquor Board Employees' Union submits that the Board does not have the discretion to extend the time limits under section 61(1) of the Act. Even if the Board has the discretion, counsel asserts the applicant's facts in support of its request are not sufficient for the Baord to exercise its discretion, if it had any, to extend the time limits. The union submits both files should be dismissed as being untimely.
4The Board has dealt with this issue in a number of decisions. In paragraph 2 of Quebecor Printing Inc. (File No. 0607-01-HS, Board decision dated June 1, 2001 (unreported)) the Board made the following comments with respect to section 61(1) of the Act:
Section 61(1) of the Act provides:
Any employer…which considers…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 Act is clear. An appeal of an order issued by an inspector under the Act 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.
5As 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.
DISPOSITION
6The appeal of the Order in F.V. No. 987561 made on May 17, 2001 and the request for suspension of that order, are dismissed as the appeal was filed with the Board more than thirty days after the Order was made and thus is beyond the time stipulated by section 61 of the Act.
7Board Files 1332-01-HS and 1333-01-HS are therefore dismissed pursuant to section 61(7) of the Act.
"Inge M. Stamp"
for the Board