Policy to Request an Order for the Provision of Information
Parties are encouraged to meet or communicate with each other at the earliest possible date to complete the exchange information. This can be initiated by either the complainant or the department. Often the information sought (documents and verbal explanations) will be readily provided by the other party once it is requested. It is suggested that the parties meet for the exchange of information in order to have a true exchange and understanding of the issues in dispute. It also gives the parties an opportunity to discuss and explain matters for which there is no documentation.
Purpose of policy
- To ensure that parties exchange as much information voluntarily, the FPSLREB will no longer accept requests for orders for the provision of information until after the 25-day period for the exchange of information has expired.
- To clarify time lines for allegations and replies once a decision has been rendered on a request for an order for provision of information.
Requests made prior to the end of the period for exchange of information
Requests for orders for provision of information made before the end of the period for exchange of information will no longer be accepted. The parties will be directed to complete the exchange of information and, if a party has been refused information that is relevant, they can make a request for an order to the FPSLREB, clearly explaining how the information is relevant to the complaint.
Similarly if the FPSLREB grants the parties an extension of time to complete the exchange of information, requests for orders for the provision of information may not be brought until the completion of the exchange of information.
Requests made following the period for exchange of information
Upon receipt of a request for an order for provision of information after the exchange of information, the FPSLREB will place all time lines in abeyance while it considers the request.
The other party is to provide its response to the request within five calendar days. The response is to include whether the information exists, whether it was already provided, or will be provided, and the party's position on relevance in respect of information it does not want to provide.
If the responding party agrees to provide some or all of the information requested, it must indicate when that information will be provided failing which the FPSLREB will have to include it in its order, if it is relevant.
Once it has considered the request, the FPSLREB will render a decision and re-establish the deadlines for allegations and replies.
Parties should refer to the FPSLREB's policy on sending or receiving a request/motion. Also, the FPSLREB's web site contains decisions rendered by the PSST and the FPSLREB, including several related to requests for order for provision of information. These may be useful in preparing a request or a reply.