In-person proceedings policy

Policy revised 2023/06/14

This Policy applies to proceedings held in-person either at the Labour Relations Board’s (the Board’s) offices or at another location but facilitated by Board staff. A proceeding includes a hearing, mediation, settlement conference, informal/alternative dispute resolution process, and case management or any other meeting.

This Policy does not include in-person votes, which are addressed in a separate policy.

Policy objectives

This Policy forms part of the Board’s Communicable Disease Prevention Plan. It is in the public interest that the Board ensures in-person proceedings are held in a way that protects visitors to the Board and Board staff.

On its own motion, or at the request of a party, the Board may conduct an in-person proceeding where it can be done safely and in accordance with this Policy.

Plan requirements

Where the Board requests, a party representative or a single litigant (the Party) must provide a Plan that includes the following:

1. the Party, and all participants attending with that Party, have read, understood, and will comply with this Policy and the Illness Policy for members of the public
2. as a result of changing or unforeseen circumstances, the in-person proceeding may be cancelled or adjourned at any time
3. a breach of this Policy or the Illness Policy for members of the public will result in the immediate suspension of the process, to be resumed at a mutually convenient date or as ordered by the Board
4. a list of the names and contact information for the participants the Party proposes will attend in-person
5. confirmation that any documents on which the party intends to rely or refer will be circulated electronically in advance of the hearing or on a date to be determined by the Board
6. confirmation that each participant will have, or be supplied with, a laptop or similar device to review and/or send electronic documents, including for witnesses and, where that device is to be shared, that appropriate disinfecting can be done prior to providing it to another person

During the Proceeding

Where the Board requests, each participant must:

1. confirm that they have read and understand the Illness Policy for members of the public and confirm that they are not experiencing any symptoms, even if mild, that would prohibit their participation as set out in the Illness Policy for members of the public
2. wash their hands using appropriate cleaning practices in the washrooms located in the elevator lobby area prior to entering the Board’s premises
3. maintain a minimum two metre distance between all people
   1. where a two metre distance can't be maintained, masks are recommended
4. exchange documents electronically
5. comply with all Board and building signage, including a maximum occupancy for elevators
6. bring a sufficient supply of sanitizing wipes to wipe down surfaces at the close of the day in all rooms occupied by participants
7. place all waste and garbage in the receptacles provided
8. comply with any other requirements the Board may identify

Off-Site In-Person Proceedings

This Policy applies to any request by a Party that the Board conduct an in-person proceeding at a location other than at the Board’s premises in Vancouver.

Where the Board requests, the parties must show the meeting would comply with this Policy, as well as provide the following information: 

1. a copy of the existing safety protocols in place at the off-site location, including but not limited to:
   1. illness policies for individuals in that location
   2. maximum occupancy limits for the rooms proposed for the in-person proceeding, if applicable
   3. availability of first aid attendants
   4. location and availability of sanitizing gel stations, disinfecting wipes, washrooms, and building cleaning schedules
   5. existence of signage, including directional flow and social distancing
   6. any other information requested by the Board representative