Skip to content

Brought to you by

Dentons logo in black and white

Dentons Canadian Occupational Health & Safety Law

Keeping you current on OHS Laws and Developments in Canada.

open menu close menu

Dentons Canadian Occupational Health & Safety Law

  • Home
  • About Us

OLRB confirms 30-day hard-stop deadline for appealing Ontario MOL inspectors’ compliance orders

By Adrian Miedema
March 21, 2017
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety Professionals - Practice Issues
Share on Facebook Share on Twitter Share via email Share on LinkedIn

A recent Ontario Labour Relations Board decision confirms that the 30-day deadline for appealing Ministry of Labour health and safety inspectors’ compliance orders under the Occupational Health and Safety Act cannot not be extended.

An MOL inspector visited a mortuary and issued five compliance orders including an order to seal certain flammable liquids in sealed containers of not more than 23 litres and in a special metal cabinet.

The employer filed its appeal of two orders with the OLRB 40 days after the MOL inspector issued those orders – that is, ten days after the deadline.

The OLRB stated:

There is no provision in the Act that permits the Board to extend the time period prescribed by subsection 61(1) of the Act within which an appeal must be made to the Board.  That is, the Board does not have the discretion to relieve against appeals that are filed beyond the statutory 30 day time frame . . .  Quite simply, the Board does not have the jurisdiction to extend the 30 day time period provided by the Act to appeal an inspector’s order.

As such, the OLRB dismissed the appeal in respect of the two orders that were appealed late.

The decision is a reminder to employers to ensure that if they intend to challenge MOL inspectors’ compliance orders, the appeal must be filed with the OLRB within 30 days.

Ottawa Mortuary Services v Egrmajer, 2017 CanLII 11813 (ON LRB)

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

All posts Full bio

RELATED POSTS

  • Caselaw Developments
  • Violence and Harassment

“Don’t worry about me, I carry weapons”: employee’s violent statements warranted serious discipline but not dismissal

An electrician’s comment, “Don’t worry about me, I carry weapons” and “it would really feel good to kill something today” […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Corporate director jailed for one day, fined $10,000 for OHSA violation; he had been fined twice before

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Driver “talking on cell phone, looking at some papers” before accident, lawsuit alleges

We all know that police in Ontario are cracking down on distracted drivers, particularly those handling cell phones or texting […]

By Adrian Miedema

About Dentons

Redefining possibilities. Together, everywhere. For more information visit dentons.com

Grow, Protect, Operate, Finance. Dentons, the law firm of the future is here. Copyright 2023 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal notices.

Categories

  • Amendments to Safety Laws
  • Caselaw Developments
  • COVID-19
  • General
  • Government Safety Investigations
  • International Standards
  • Occupational Health and Safety
  • Other Safety Developments
  • Prosecutions / Charges
  • Safety – Risk Management
  • Safety Professionals – Practice Issues
  • Violence and Harassment

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo in black and white

© 2025 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site