Can a health and safety direction be changed if the impugned phrase does not form part of the direction?

The respondent argues that the impugned phrase “does not form part of the direction because it does not compel the Appellant to do anything, with respect to the hazard in the workplace.” It is submitted that subsection 146(1) provides that only a direction of an HSO can be appealed with the implication that what is not part of an HSO’s direction cannot be appealed. As indicated in paragraph 13 above, Sachs v. Air Canada is cited in support of there being “no implicit right of appeal”. The appellant finds no merit in the respondent’s position arguing that if the preamble does not form part of the direction it serves no useful purpose and there should therefore be no objection to removing it. Submitting that subsection 146.1(1) provides an Appeals Officer with the authority to vary a direction issued by an HSO, the appellant cites the Public Works case referred to in paragraph 19, above. The subsections referred to read as follows: 146(1) An employer, employee or trade union that feels aggrieved by a direction issued by a health and safety officer under this Part may appeal the direction in writing to an appeals officer within thirty days after the date of the direction being issued or confirmed in writing. 146.1(1) If an appeal is brought under subsection 129(7) or section 146, the appeals officer shall, in a summary way and without delay, inquire into the circumstances of the decision or direction, as the case may be, and the reasons for it and may a) vary, rescind or confirm the decision or direction; and b) issue any direction that the appeals officer considers appropriate under subsection 145(2) or (2.1).