A4 and A74 Submissions
In the November Issue of the Highlights, the Board invited submissions with respect to the Board’s practice of providing the A-4 to the Responding Parties and Intervenors in s. 8 applications for certification and not providing the A-74 in s. 128.1 applications for certification (Construction Industry). Click this link to view the submissions received by the Board.
PLEASE TAKE NOTICE THAT the Board’s Rules of Procedure have been amended to add Rule 27A (Redefinition of bargaining unit pursuant to section 127(3) of the Act) and Rules 42-45 (Tribunal Adjudicative Records Act, 2019).
TRIBUNAL ADJUDICATIVE RECORDS ACT, 2019
The Tribunal Adjudicative Records Act, 2019 (“TARA”) came into force June 30, 2019.
TARA provides that adjudicative records (as defined in the statute) are presumptively available to the public. Certain records are also expressly excluded by the statute [s. 1(3]). It also provides that parties and affected persons may apply for, and the Board itself may make, confidentiality orders in certain circumstances.
TARA will apply to adjudicative records in all proceedings before the Board that are commenced on or after TARA comes into force. The Board will continue to apply its existing Procedures on Access to Documents and Exhibits Contained in Board Adjudication Files to requests in respect of proceedings commenced before that date.
Statutory provisions governing the secrecy or confidentiality of certain records will prevail over TARA. Such records will include membership evidence or evidence of employee wishes.
Part VIII of the Board’s Rules addresses requests for adjudicative records and requests for confidentiality orders.
The text of the Tribunal Adjudicative Records Act, 2019 is available here: https://www.ontario.ca/laws/statute/19t07. The text of the Regulation providing that certain statutes prevail over TARA is available here: https://www.ontario.ca/laws/regulation/r19211.
DEADLINE FOR USE OF PREVIOUS BOARD FORMS
All Board forms were revised and updated during the development of e-filing. Please note that effective May 1, 2019, the Board will no longer accept previous versions of its forms. (Updated forms are PDFs which have the Ontario Coat of Arms at the top left.) Parties are encouraged to access Board forms on its website rather than storing forms on desktops as they may be updated electronically from time to time.
E-filing, including electronic payment, is now available for forms related to construction industry grievances under s. 133 of the Labour Relations Act, 1995. All other filing methods previously permitted by the Board’s Rules of Procedure remain available.
The updated forms for a Referral of Grievance (A-86), Request for Hearing/Notice of Intent to Defend (A-87) and Response/Intervention (A-88) may now be e-filed along with attachments. If a filing fee is required, the filing party will be directed to the online payment page to pay by VISA or Mastercard. The filing party will receive confirmation by email that the form has been submitted and payment, if required, has been made.
For more information, please see HOW TO E-FILE below and Information Bulletin # 20.
E-FILING CORRESPONDENCE AND OTHER MATERIAL
A reminder that the Electronic Submissions Form (A-108) may be used to attach and e-file letters, submissions or other material (subject to size limits). It is not to be used to file Applications/Interventions/Responses or other Board forms, Books of Authorities, Books of Documents or membership evidence.
HOW TO E-FILE
Download the form to your computer and then complete it using Adobe Acrobat only. Do not use your browser to complete the form.
Click here for E-Filing FAQs and the Filing Guide.
- You must have an internet connection, a valid email address and up-to-date Adobe Acrobat in order to submit your form online. You may download the latest Adobe Acrobat Reader from the following website: https://get.adobe.com/reader/.
- Forms may be e-filed by using the SUBMIT button at the end of the form.
- Forms are fillable online and may be saved and printed at any time. Use the Save or Print Form buttons on the form.
- When e-filing, documents can be attached to the forms, subject to a size limit.
- The Applicant is no longer required to deliver a blank response form or Information Bulletin to the other parties.
- Signatures are not required on these forms.
- If a form is e-filed, a confirmation email will be sent upon receipt by the Board.
- The e-filing system is not encrypted nor is it mandatory. Accordingly, you may wish to consider filing your form and any documents by another method permitted under the Board's Rules.
The Board is interested in receiving feedback on the new forms and the e-filing system. Please leave your comments here. You may do so anonymously. Comments will not be included in any Board file.
New Items of Interest
The Ontario Labour Relations Board began conducting electronic voting in late 2017. At this time, the Board wishes to provide the following Background Paper on Electronic Voting to its community for its information and seeks the community's input. more...
PLEASE TAKE NOTICE THAT Rules 31.3, 34.2 and 34.3 of the Board’s Rules of Procedure and Information Bulletin No. 20 have been amended to facilitate the launching of the new A-86 and A-87 forms and the Board’s online payment system.
There is no longer a requirement for any party to deliver:
- a blank copy of the Request for Hearing and Notice of Intent to Defend (Form A-87),
- a blank Response form (A-88)
- a blank Payment of Fee by Credit Card (Form A-89)
- a copy of Information Bulletin No. 20
- a copy of Part VI of the Board’s Rules of Procedure