PEHT Case No: 2547-23-PE
Ontario Public Service Employees Union/Syndicat des Employés de la Fonction Publique de l’Ontario, Local 166, Applicant v Craigwood Youth Services, Respondent
BEFORE: M. David Ross, Chair, Lori Bolton and Stephen Roth, Members
DECISION OF THE TRIBUNAL: October 21, 2024
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7 as amended (“the Act”).
The applicant has informed the Tribunal that it intends to file a witness statement of Jeanette Barba, but that it has not filed it pending the determination of its request for a confidentiality order.
Section 2(2) of the Tribunal Adjudicative Records Act, 2019, S.O. 2019, c. 7, Sched. 60, (“TARA”) sets out the circumstances when an adjudicative record, or portion of an adjudicative record, can be treated confidential and not disclosed to the public.
The request is premature. Confidentiality orders under subsection 2(2) of TARA only apply to adjudicative records as defined by subsection 1(2) of TARA. The witness statement has not yet been filed with the Tribunal and therefore it is not yet a “document that has been admitted into evidence at a tribunal or otherwise relied upon by a tribunal in making a decision or an order”.
If the applicant wishes to rely on Ms. Barba’s witness statement, it is directed to file the witness statement with the Tribunal forthwith. The request for a confidentiality order will be considered once a party seeks to introduce the witness statement into evidence.
This panel is seized.
“M. David Ross”
M. David Ross, Chair
“I agree”
Lori Bolton, Member
“I agree”
Stephen Roth, Member