Policy on Openness and Privacy
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 mandate of the Board is such that its decisions can impact the whole public service and Canadians in general. This document outlines the Board’s policy on the openness of its processes and describes how it handles issues relating to privacy.
The open court principle is significant in our legal system. In accordance with this constitutionally protected principle, the Board conducts its hearings in public, save 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, information bulletins and other publications advise parties and the community that its 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 decisions. Parties and their witnesses are subject to public scrutiny when giving evidence before the Board, and they are more likely to be truthful if their identities are known. 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 information about an individual’s home address, personal email address, personal phone number, date of birth, financial details, SIN, driver’s licence 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.
In exceptional circumstances, the Board departs from its open justice principles, and in doing so, the Board may grant requests to maintain the confidentiality of specific evidence and 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 of witnesses or third parties). The Board may grant such requests when they accord with applicable recognized legal principles.
The Board’s policy is consistent with the statement (http://www.hfatf-fptaf.gc.ca/news-06-26-2009-en.php) 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 (http://cjc-ccm.gc.ca/cmslib/general/news_pub_techissues_UseProtocol_2005_en.pdf) approved by the Canadian Judicial Council.
Access to case files by a party
The Board provides parties with access to their case files in accordance with the rules of natural justice.
The Board provides access to its case files in paper format only. They are available to the parties for consultation at the Board’s offices with appropriate notice. However, information protected by solicitor-client privilege is not available for consultation.
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 case files in accordance with the open court principle.
The Board provides access to its case files in paper format only. They contain correspondence between the parties, and are available to the public for consultation at the Board’s offices with appropriate notice. However, information such as an individual’s home address, personal email address, personal phone number, date of birth, financial details, SIN, driver’s licence number, or credit card or passport details is not available for consultation. Further, information protected by solicitor-client privilege is not available for consultation. Some case files relating to grievances referred to adjudication by persons employed in the Canadian Security Intelligence Service are not available to the public for consultation.
Exhibits filed at a hearing are available to the public for consultation at the Board’s offices with appropriate notice, once the decision on the merits of the case has been rendered or the Board has otherwise closed its case file. However, exhibits that have been ordered sealed are not available for consultation.
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. In an effort to establish a balance between public access to its decisions and privacy concerns, the Board has taken measures to prevent Internet searches of full-text versions of decisions posted on its website. This was accomplished by using the “web robot exclusion protocol,”which is recognized by Internet search engines (e.g., Google and Yahoo). As a result, an Internet search of a person’s name will not yield any information from the full-text versions of decisions posted on the Board’s website.We have recently been informed by the Information Technology Services of the Administrative Tribunals Support Service of Canada (ATSSC) that due to the introduction of an external web crawler, the measure implemented to prevent Internet searches of full-text versions of decisions posted on the FPSLREB website, “web robot exclusion protocol”, may not be as effective as it has been in the past.
At this time, decisions posted prior to August 2016 on the FPSLREB and the former PSLRB websites are searchable through Internet search engines (e.g. Google, Yahoo, etc.). The ATSSC is working with the FPSLREB to fully resolve this issue. Decisions posted after August 2016 are still covered under the “web robot exclusion protocol” and will not yield any information from Internet search engines.
Disposition of case files
Board case files are disposed of in accordance with the schedule approved by the Librarian and Archivist of Canada. Exhibits are generally kept for two years following the final decision on a case.