The Labour Relations Board (the Board) is committed to respecting the personal privacy of those who visit its website and access the Board’s services.
The Board collects, uses, and discloses personal information in accordance with the Freedom of Information and Protection of Privacy Act (FOIPPA), the Labour Relations Code (the Code), the Labour Relations Board Rules, the Labour Relations Regulation and other applicable legislation.
The purpose of this policy is to tell you what personal information the Board will collect from you when you visit the Board’s website or participate in Board proceedings under the Code, how the Board will use that information, and what information the public has access to.
FOIPPA defines ‘personal information’ as recorded information about an identifiable individual, other than ‘contact information. FOIPPA defines ‘contact information’ as information used to contact a person at a place of business.
What information does the Board collect?
The Board primarily collects personal information through its website, inquiries sent to the Board's Information Officer or Registrar by email, and through applications and submissions filed by parties in Board proceedings under the Code.
The Board’s website collects information about your visit, including personal information, through the use of audit logs and cookies. A cookie is a small file stored on your computer by your web browser when using some websites. A cookie may remain on your computer after the Internet session finishes (until the cookie expires or is deleted by you).
The information collected is:
- The web browser and operating system you are using (e.g. Windows, Safari)
- The day of the week and time of the visit
- The pages or services accessed
- If you were on another website before visiting the Board’s website, the URL (web address) of that previous website if it referred you to the Board’s website
- The URL (web address) of the first website you visit immediately upon leaving the Board’s website if you were referred to that website by the Board’s website
- The Internet Protocol (IP) network domain name (e.g. shaw.ca) and address (e.g. 184.108.40.206) of the computer you are using. IP address and domain are identifiers that may be used to distinguish between users and identify your internet service provider or your computer itself.
- The Board, via its website, will notify you if cookies will collect any additional information from you other than what is listed above.
In Board proceedings under the Code, parties’ applications and submissions may contain a wide variety of information including:
- Contact information for parties and their representatives, including names, addresses, telephone numbers, fax numbers, and email addresses.
- Copies of applications, complaints, and responses, together with supporting documents, provided by parties. These documents may include personal information such as health information, financial records, and employment information and circumstances.
- Information about witnesses, including their contact information and evidence they might be called upon to provide.
The Board may also collect and use contact information to conduct surveys to evaluate and improve its services under Section 59.1 of the Administrative Tribunals Act (the “ATA”).
Why does the Board collect my personal information and how will it be used?
Information collected through the Board's website
The Board’s website collects personal information through cookies to better understand general user trends at an aggregate level and improve web performance, web services, and website maintenance. Personal information will only be used by authorized staff to fulfill the purpose for which it was originally collected or for a use consistent with that purpose unless you expressly consent otherwise. The Board also collects personal information through security audits to protect against threats from hackers, and for other enforcement and security purposes. The Board does not use this data to determine your identity unless required to do so as part of an internal investigation or for another enforcement-related purpose, and then, only in compliance with FOIPPA.
The Board collects email addresses voluntarily provided by users. Email addresses are used to send updates and news about the Board. Users can unsubscribe from these updates and request their email address be deleted from our mailing list at any time.
Information collected as part of Board proceedings
The Board collects information through parties’ applications and submissions in Board proceedings for the purpose of investigating, mediating, and adjudicating matters under the Code.
The Board collects contact information in order to communicate with the parties in proceedings before the Board.
Will the Board share my personal information?
Information collected through the website
If necessary, the Board may share personal information collected through the website with trusted third parties who assist the Board with operating the website.
Information shared with parties to Board proceedings
The Board will share information obtained in Board proceedings with parties to the matter, except for information deemed confidential under the Code, such as membership in a trade union.
Settlement discussions and mediations are confidential
Settlement discussions and mediations facilitated through the Board are confidential, unless the parties agree, or disclosure is required by law.
What information does the Board make available to the public?
Publication of schedules
The Hearings page lists matters that are scheduled for an oral hearing, settlement discussions, or mediation. The schedule includes the place and date for the scheduled matter, the names of the parties, the type of matter, the relevant Code provision(s), and the Board case number.
Publication of decisions
The Board must make its decisions in proceedings under the Code available in writing for publication: Code, Section 128(3). The Board publishes its decisions on its website. Decisions are also provided to the parties and to legal publishers such as LexisNexis Canada (QuickLaw) and CanLII.
Published decisions generally include names of individuals and may include personal information. The Board’s decisions are not covered by FOIPPA: Code, Section 115.1; ATA, Section 61(2)(f). However, the Board has taken steps to prevent the decisions on its website from being accessed by internet search engines such as Google.
Board hearings are open to the public
Board hearings are generally open to the public. However, documents and submissions obtained in relation to a Code matter are not publicly available: Code, Section 146(3).
What safeguards are in place to protect my personal information?
The Board is obligated to protect your personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal. Specifically, access to systems, applications and the collected data is restricted to authorized personnel only. Furthermore, any personal information collected and used for identifying user trends (e.g. IP address) is aggregated and made anonymous during report generation.
How long does the Board retain information?
Some cookies will remain on your computer for only as long as your browser remains open, or until you delete them off your computer. Other cookies will remain on your computer so that you may be recognized when you return to the website. These cookies will expire no later than 18 months from when they are first placed on your computer. Information collected as a part of a cookie or a security audit log is retained for 2 years.
Information collected or created by the Board in relation to proceedings before the Board is maintained in accordance with the Board’s records retention schedules and other legislative requirements.
Can I opt out of the collection of my personal information?
Your browser may permit you to disable cookies, but you cannot opt out of the information collected for audit purposes. Also, your decision to disable cookies may affect your ability to browse, read, and download information contained on Board’s website.
You cannot opt out of the collection of personal information in relation to Board’s proceedings. However, in exceptional circumstances you may request that the Board exercise its discretion to anonymize or omit personal information in its decisions.
When will the Board anonymize/omit personal information?
The Board identifies names and relevant personal information in its published decisions. In exceptional circumstances, the Board may exercise its discretion to change a person’s name so that person cannot be identified (anonymize), or omit certain personal information, where the harm to a person’s privacy or security interest outweighs the public interest in transparency, accountability, and intelligibility of Board decisions. The decision to anonymize is at the sole discretion of the panel assigned to the proceeding.
It is not enough for a person to want to remain anonymous or to avoid embarrassment. In exercising its discretion, the Board will consider whether the nature of the privacy or other interest outweighs the public interest in transparency, accountability, and intelligibility of its decisions.
If you wish to request that your name be anonymized or certain information be omitted from the decision, you must:
- Make a separate request in writing to the Registrar at the same time you file your application (if you are the applicant), or within five calendar days of the date the information was submitted to the Board by another party. If the information has been submitted in an expedited hearing, you must make your request as quickly as possible and consistent with any expedited time frames.
- Identify whether you want your name anonymized and/or want certain information omitted from the decision
- Identify the specific information or circumstances you want omitted from the decision
- Explain how a decision identifying you by name, or including certain information, would be harmful to your privacy or security interests and why.
How can I access and correct information I submit to the Board's website?
You can review any personal information collected about you by requesting access to it or by submitting a request under FOIPPA. You may request changes to your personal information if you believe it to be inaccurate by submitting a request describing the error. The request must be made in writing to the Board’s Registrar.
What about links to external websites from the Board's website?
The Board’s website may include links to external websites. Once you leave the Board’s website, this privacy statement does not apply. The Board is not responsible for the privacy practices or content of external websites.