0155-01-HS; 0156-01-HS Communications, Energy and Paperworkers Union of Canada, Local 7135, Applicant v. Ministry of Labour, Responding Party.
BEFORE: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD; May 23, 2001
Board File No. 0155-01-HS is an appeal brought pursuant to the terms of the Occupational Health and Safety Act (“OHSA”). Board File No. 0156-01-HS is a request for a suspension of the Inspector’s order pending the appeal.
Initially a letter was received from the applicant dated April 4, 2001 requesting that the Board treat the letter as an application to appeal and a request to suspend an order. That letter was received by the Board on April 11, 2001. By letter dated April 17, 2001 the Registrar advised the applicant that its request had not been filed properly and could not be processed by the Board. The applicant was provided with the appropriate material and was advised that:
If the Board does not receive your properly completed Form A-65 and Form A-67 within 10 days of the date of this letter, the proceedings will be terminated.
That deadline was May 1, 2001. No material was received from the applicant and by decision dated May 7, 2001 the Board dismissed the applications.
On May 22, 2001 the Board received properly completed applications. However the matters have already been dismissed by the Board’s decision of May 7, 2001. Further, the applications now provide information as to the date of the Inspector’s field visit that is the subject of the applicant’s concern. That date is March 6, 2001. An appeal must be filed within thirty days of that date. That deadline was April 5, 2001. There is no jurisdiction in the Board to extend the time for filing an appeal under the OHSA. Thus these matters were untimely even pursuant to the original letter.
There is no basis on which to disturb the Board’s conclusion of May 7, 2001. These matters are dismissed.
“M. A. Nairn”
for the Board