Paul Daoust Construction Canada Ltd. v. Inspector Albert Benoit and the Ministry of Labour
1062-01-HS; 1063-01-HS Paul Daoust Construction Canada Ltd., Appellant v. Inspector Albert Benoit and the Ministry of Labour, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; July 30, 2001
1Inspector Albert Benoit issued an order on June 19, 2001 in F.V. No. 964817 (the “Order”) requiring certain work on a construction site to be performed by a certified electrician or registered apprentice. Counsel for the appellant, by letter to the Board dated July 10, 2001 stated that he was writing “…to request that the Ministry of Labour consider withdrawing the Order….” The appellant claimed that the Order resulted from a jurisdictional dispute between the “steel workers and the electricians’ unions”. Counsel for the appellant, by letter to the Registrar dated July 12, 2001 asked that the letter of July 10th together with the letter of July 12th be considered an appeal of the Order. The letter of July 10th had indicated that there was some urgency to the matter, and therefore seemed to suggest that the appellant was also seeking suspension of the Order pending the disposition of the appeal.
2The Registrar, upon receiving those two letters from counsel for the appellant, advised counsel that the Board’s Rules require that an appeal and a request for suspension be made on the proper form and provide all of the information required by that form. The requisite forms were forwarded to counsel together with the relevant information bulletins relating to appeals and requests for suspension of orders under the Occupational Health and Safety Act, R.S.O. 1990, c. O. 1 (the “Act”). The letter from the Registrar also stated:
If the Board does not receive your properly completed Form A-65 and A-67 within 10 working days of the date of this letter, the proceedings will be terminated.
As of the date of this decision the Board has not received any further material from the appellant or its counsel.
3The purported request for suspension and appeal of the Order are hereby terminated as the appellant had failed to file the requisite material within the time fixed by the Registrar.
“Harry Freedman”
for the Board