Open justice

The Federal Public Sector Labour Relations and Employment Board (“the Board”) is an independent quasi-judicial tribunal that operates very much like a court when it conducts proceedings under several labour-related statutes, including the Federal Public Sector Labour Relations Act, the Parliamentary Employment and Staff Relations Act, the Public Service Employment Act, and Part II of the Canada Labour Code. The Board’s mandate is such that its decisions can impact the entire public service and Canadians in general. This document outlines the Board’s policy on the openness of its processes and describes how it handles privacy issues.

The open court principle is significant in our legal system. In accordance with this constitutionally protected principle, the Board conducts its hearings in public, except for exceptional circumstances. Because of its mandate and the nature of its proceedings, the Board maintains an open justice policy to foster transparency in its processes, accountability, and fairness in its proceedings.

The Board’s website, notices, forms, information bulletins, and other publications advise parties and the community that its process and hearings are open to the public. Parties that engage the Board’s services should be aware that they are embarking on a process that presumes a public airing of the dispute between them, including the public availability of their case files and the Board’s related decisions.

Parties and their witnesses are subject to public scrutiny when giving evidence before the Board. When the identity of a party and a witness is publicly known, the reliability of their testimony is enhanced. Board decisions identify parties and their witnesses by name and may set out information about them that is relevant and necessary to the determination of the dispute.

At the same time, the Board acknowledges that in some instances, mentioning an individual’s personal information during a hearing or in a written decision may affect that person’s life.

Privacy concerns arise most frequently when some identifying aspects of a person’s life become public. These include an individual’s home address, personal email address, personal phone number, date of birth, bank account number, SIN, PRI, driver’s license number, or credit card or passport details. The Board endeavours to include such information only to the extent that is relevant and necessary for the determination of the dispute.

With advances in technology and the possibility of posting material electronically — including Board decisions — the Board recognizes that in some instances, it may be appropriate to limit the concept of openness as it relates to the circumstances of individuals who are parties or witnesses in proceedings before it.

The Board’s policy is consistent with the statement of the Heads of Federal Administrative Tribunals Forum (endorsed by the Council of Canadian Administrative Tribunals) and the principles found in the “Protocol for the Use of Personal Information in Judgments” approved by the Canadian Judicial Council.

Parties’ responsibility

It is recommended that the parties redact information that is not necessary to their case before sending it to the Board and before introducing it into evidence at the hearing. Examples of such information include a PRI, information about someone not a party to the case (e.g., a person’s or a company’s financial information, a family member’s medical information, etc.), medical information (e.g., health card number, date of birth, etc.), security information, financial details (e.g., tax information, SIN, bank account number, salary, etc.), and personal home and email addresses.

In exceptional circumstances, the Board departs from its open justice principles. When it does, it may grant requests to maintain the confidentiality of specific information and evidence and may tailor its decisions to accommodate the protection of an individual’s privacy (including holding a hearing in private, sealing exhibits containing sensitive medical or personal information, or protecting the identities and information of witnesses or third parties).

It is the party’s responsibility to ask for a confidentiality order if it wants to protect information from the public. The Board may grant such requests when they accord with applicable recognized legal principles.

Access to case files by a party

The Board provides parties with access to their case files before and after a hearing, in accordance with the rules of natural justice.

The Board provides access to its case files in paper format, as well as electronically, depending on the volume of documents requested. Parties may also consult them at the Board’s offices, with appropriate notice. However, information protected by solicitor-client privilege or related to how and why a Board member decided an issue, also known as deliberative privilege, is not available for consultation.

The Board aims to provide a response within 30 days after a request is received.

Access to case files by the public

The Access to Information Act and the Privacy Act do not apply to Board case files. However, the Board provides public access to its case files before and after a hearing, in accordance with the open court principle.

The Board provides access to its case files in paper format, as well as electronically, depending on the volume of documents requested. The public may also consult them at the Board’s offices, with appropriate notice. Case files include correspondence to and from the parties. However, personal identifiers provided in the correspondence, such as an individual’s home address, personal email address, personal phone number, date of birth, bank account number, PRI, SIN, driver’s license number, or credit card or passport details will not be provided and are not available for consultation.

Furthermore, information protected by solicitor-client privilege or deliberative privilege will not be provided and is not available for consultation. Some case files that involve matters of national security will not be disclosed and are not available to the public for consultation.

Case files also include the parties’ written submissions, books of authorities, and exhibits, which are also available to the public in their entirety. However, exhibits filed at a hearing are available only once the final decision on the case has been rendered or the Board has otherwise closed its case file. These documents are available for consultation at the Board’s offices, with appropriate notice. They can be accessed in paper format, as well as electronically, depending on the volume of documents requested. However, exhibits that have been ordered sealed will not be disclosed and are not available for consultation.

The Board aims to provide a response within 30 days after a request is received.

Access to decisions by the public

The Board provides public access to its decisions, in accordance with the open court principle.

Board decisions are available electronically, on its website. However, in an effort to establish a balance between public access to its decisions and privacy concerns, full-text versions of Board decisions are not available through Internet search engines.

Disposition of case files

The Board disposes of its case files in accordance with guidelines of the Librarian and Archivist of Canada. Generally, exhibits are kept for two years after the final decision on a case.

Last updated on April 6, 2021