Privacy

The Board’s Case Files - Openness and Privacy

• With respect to hearings of grievances, complaints, and applications, the information uploaded to the eDocuments Portal is transitory and does not form part of the Board’s case file. This means that the public cannot access documents uploaded to the portal.
• For all documents placed on the Board’s case file:
  • 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.
  • Information relating to the Board’s proceedings is subject to the Board’s Policy on Openness and Privacy. In accordance with that policy, the Board provides public access to case files before and after hearings. Case files include correspondence to and from the parties. They also include the parties’ written submissions, books of authorities, and exhibits, and they are available to the public in their entirety. The Board also conducts its hearings in public, except in exceptional circumstances, and posts its decisions electronically on its website.
  • Parties are responsible for the information that they submit to the Board; therefore, it is recommended that they redact information that is not necessary to their cases before sending it to the Board and before introducing it into evidence at a hearing.

Mediation - Confidentiality

• Before engaging in mediation, the parties must sign an agreement to mediate, which sets out the terms and conditions of the mediation.
• All information uploaded to the eDocuments Portal in preparation for the mediation shall be divulged on a without-prejudice basis for the purposes of settlement negotiations to the parties involved in the mediation and shall be treated as confidential by the parties and their representatives, subject to the requirements of any statute and the need to protect individuals against physical harm. Furthermore, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non discoverable by virtue of its use during the mediation.
• The information uploaded to the eDocuments Portal by the parties for the purpose of a mediation is confidential and can be shared and used only by the individuals involved in the mediation.
• The information is confidential and must not be shared with anyone who is not part of the mediation.
• The uploaded information is not placed on the Board’s case file, and it does not form part of the record.
• If the mediation is cancelled, the documents submitted through the portal will be deleted.