Labour - Labour Board
Guidelines for Video Conference and Hybrid Hearings
Case Management Conferences
The Board will conduct a Case Management Conference (CMC) in advance of any matter that is to proceed to hearing. The CMC will be arranged by the Board Officer assigned to the case and will generally be conducted virtually via the MS Teams platform.
It is best that every participant have the compatible equipment to proceed virtually including a microphone and video camera (e.g., laptop, tablet, desktop computer, webcam, headphones). Participants should confirm that their location has an adequate internet connection to support the use of video conferencing without interruption. Cameras should be framed so that the participant appears well lit, against a neutral and not-distracting background, with only head and shoulders visible.
Participants who do not have an adequate location, equipment or internet connection should speak with the Board Officer about alternatives.
During the CMC, the Board will schedule the hearing and discuss whether it will be heard in-person, virtually or a hybrid, with some participating virtually and others participating in person at the Board. The parties may also wish to discuss any preliminary issues, including the filing of documents, scheduling of witnesses or any other matter that will assist in the smooth conduct of the hearing. CMCs generally last less than an hour and are focused on procedural issues.
Hearings
For in-person and hybrid hearings, the parties are requested to limit the number of observers in the hearing room. Any individual that wishes to observe the hearing virtually should contact the Board to get the videoconference link. Participants attending virtually are requested to log on to the hearing at least 10 minutes before the scheduled start time.
Unexpected Circumstances
Any participant who has temporarily lost an adequate connection to the hearing should contact the Board Officer immediately either by email or telephone.
If technical problems persist, or the virtual platform is not working as anticipated, the Board may adjourn the hearing and reschedule if necessary.
Confidentiality and Recording
All participants in a hearing, including observers, must be identified at the outset. Further, the Board should be notified if any new participant arrives in the hearing. Hearings are not recorded by the Board, and no participant or observer is to record any part of the proceeding.
Documents
In all cases, parties are encouraged to work together to prepare an Agreed Book of Documents. Parties are also encouraged to work together to prepare and file an Agreed Statement of Facts to expedite the hearing process. A Board Officer is available to assist the parties in preparing these documents.
In every case, all documents upon which a party intends to introduce as evidence must be filed electronically in .pdf format, 5 days in advance of the hearing or at any other time directed by the Board.
The Board Officer will create and circulate the documents filed electronically in advance of the hearing. If necessary, they will prepare paper copies for the Board Members and the witnesses for in-person and hybrid hearings.
Where a party wishes to introduce a document that has not been previously disclosed, they are required to immediately provide an electronic copy to the Board and six (6) paper copies at the hearing.
Any confidential information on documents (e.g. personal identifiers, social insurance numbers, protected health information) that is not relevant to the proceeding should be redacted before being filed with the Board.
Witnesses participating via videoconference:
The parties are responsible for ensuring that their witnesses are available and prepared to participate at the hearing. Where a hearing is proceeding virtually, the parties are also responsible for ensuring that the remote location in which the participant is located has adequate internet bandwidth and that witnesses are equipped with compatible and functional equipment to participate via videoconference.
Parties should ensure that all witnesses are aware and follow the below practices when participating by videoconference:
- The witness will be affirmed or sworn remotely by the Board Officer.
- A witness shall give evidence sitting at an empty desk or table, and the witness’ face shall be clearly visible in the video.
- The witness must close any other communication programs or applications on the device when testifying.
- If the witness wishes to refer to any notes, the Board should first be informed and will decide if the witness may do so while testifying.
- To the extent possible, the webcam should be positioned at face level, relatively close to the witness (e.g., by positioning a laptop on a stack of books).
- Witnesses may not use a “virtual background”. Instead, the remote venue from which they are testifying must be visible.
- Witnesses should speak directly to the camera while testifying.
- Witnesses should confirm that no unauthorized persons are present.
- At the conclusion of their testimony a witness may sign off from the video conference, or remain as an observer.
Request for Accommodation
A party or witness will notify the Board’s office as early as possible if they require accommodation during the hearing process. This means providing appropriate supports and resources for parties and witnesses who require additional assistance to participate in the hearing.
Public Access
Remote hearings, as with most Board proceedings, are open to the public unless otherwise ordered by the Board.
