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TRIBUNAL ADJUDICATIVE RECORDS ACT, 2019
The Tribunal Adjudicative Records Act, 2019 (ďTARAĒ) is anticipated to come into force on 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 PEHT itself may make, confidentiality orders in certain circumstances.
TARA will apply to adjudicative records in all proceedings before the Tribunal that are commenced on or after TARA comes into force. The Tribunal will continue to apply its existing procedures on access to documents and exhibits contained in Tribunal adjudication files to requests in respect of proceedings commenced before that date.
Statutory provisions governing the confidentiality of certain records (including the identity of anonymous employees) will prevail over TARA.
The Tribunal will make rules governing requests for access to adjudicative records, as well as procedures in respect of 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 not yet available.
LAUNCHED: NEW FORMS AND E-FILING
The Tribunal recently completed a project updating its forms, Rules of Practice and Information Bulletins and making e-filing available. Some forms have been consolidated and/or eliminated and the Rules of Practice have been amended accordingly. Please note that there is a new Electronic Submissions Form which can be used to file submissions and documents (but not Tribunal forms or books of documents) with the Tribunal. The Tribunal will no longer accept submissions and other material filed by email to the Registrar.
The following are the new Tribunal forms and form numbers. They take effect and may be filed or e-filed as of April 5, 2018:
- Form 1 Application
- Form 2 Response
- Form 3 Certificate of Delivery (formerly Statement of Service)
- Form 4 Statement of Posting
- Form 5 Certificate of Appointment as Agent on behalf of Anonymous Employees
- Form 6 Request for Reconsideration
- Electronic Submissions Form
Download the Tribunal form to your computer and then complete it using Adobe Acrobat only. Do not use your browser to complete the form.
- The new Application (Form 1) and Response (Form 2) consolidate the Application/Response for Consent to Institute Prosecution (formerly Forms 7/8) and s. 24(5) Referral by the Pay Equity Office (formerly Form 9).
- The Notice of Motion (Form 11) and List of Documents (Form 13) have been eliminated. Parties may file such material without a prescribed Tribunal form. This material may be filed in accordance with the Tribunalís Rules including by e-filing using the Tribunalís Electronic Submissions Form.
- The Summons to Witness (formerly Form 4) and Affidavit of Personal Service (formerly Form 5) remain available on the Tribunalís website.
ELECTRONIC SUBMISSIONS FORM
The new Electronic Submissions form 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 Tribunal forms or books of authorities/documents.
Quick E-filing Overview:
- 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, Rules of Practice 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.
- 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 Tribunalís Rules of Practice.
NOTE: Both the new forms and the older version of the forms will be accepted by the Tribunal at this time; however the older version of the forms is no longer available on the website.
ELECTRONIC SUBMISSIONS FORM
RULES OF PRACTICE
Click here for E-Filing FAQs and the Filing Guide.
The Tribunal 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 Tribunal file.
Decisions of the Pay Equity Hearings Tribunal are available from a number of sources:
- Decisions released after January 1, 2000 can be accessed free of charge through the Canadian Legal Information Institute. Selected earlier decisions are also available on this site.
- Paper copies are available from the Ontario Workplace Tribunals Library, which is open to the public at 505 University Avenue, 7th floor, Toronto.
- Decisions are also available from: Quicklaw for a fee or subscription.