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Labour and Immigration
Manitoba Labour Board Guidelines for in-person hearings
Amended July 7, 2020
Effective June 21, 2020, the Board is resuming some in-person proceedings. The following guidelines have been developed to ensure the health, safety and well-being of all parties involved in these proceedings. In-person proceedings will be scheduled to reduce the number of persons entering or in the Board's offices at any one period of time, and ensure that adequate social distancing is maintained for all individuals.
The following persons will be allowed to attend in-person at the Board's offices:
- Counsel for a party;
- Parties;
- Witnesses;
- Pre-approved support persons; and
- Media
Any person who has:
- any symptoms of COVID-19;
- travelled (or resided) outside Manitoba within the 14 days prior to the hearing, unless otherwise directed by public health orders;
- been in contact with someone known or suspected to have COVID-19 within the 14 days prior to the hearing;
- is currently subject to advice or order to self-isolate; and/or
- had laboratory exposure to specimens known to contain COVID-19
shall not attend the hearing or Board's office.
The following guidelines will be enforced for all in-person proceedings:
- During the hearing, two metres of distance must be maintainable between all people who do not reside in the same residence at all times.
- At least ten days prior to the hearing, the Applicant/Appellant shall provide to the Registrar by email (mlbregistrar@gov.mb.ca), all documents, including authorities, upon which they intend to rely. A copy of these documents must also be sent to the other parties to the proceeding. The Respondent and any other party will then be required to provide all documents, including authorities, upon which they intend to rely at least seven days prior to the hearing, with a copy sent to the other parties to the proceeding.
- No documentation will be exchanged or submitted at any time during the hearing without the advance consent of the Board. All submissions and exhibits will be exchanged and provided electronically. Witnesses will testify to exhibits on a laptop, or if practicable, through a book of documents prepared in advance.
- Laptop and witness station will be sanitized after each witness completes their testimony.
- To maintain social distancing, only counsel or the self-represented party will be seated at the counsel tables. Any advisor or witness must be seated in the gallery. The Board will allow reasonable use of text messaging and email to enable parties to communication with one another via text and email. Audio and video recordings of the proceedings are prohibited.
- Entrances and exits to and from the hearing room will be staggered.
- There will be no loitering in the Board's waiting areas at any time.
- If not able to be present in the hearing room, witnesses will wait in the waiting areas until requested by counsel to testify.
- Participants will be required to bring their own coffee and water.
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In light of the current pandemic, video or phone testimony in some cases will be expected. Participants are required to advise counsel or the self-represented party if any of the following exclusions apply to them or any of their witnesses:
- Those who have travelled out of province 14 days prior to the hearing, unless otherwise directed by public health orders;
- Those who have traveled to any location with travel bans 14 days prior to the hearing;
- Those who have travelled to any location with a declared outbreak 14 days prior to the hearing;
- Those who are exhibiting symptoms associated with Covid-19;
- Those who have had contact with anyone who has tested positive or is under investigation for Covid-19 14 days prior to the hearing;
- Those who have been advised by public health authorities to self- isolate due to possible exposure to the coronavirus Covid-19, and have not been cleared.
- If any of these exclusions apply to any participant, counsel or the self- represented party will be expected to propose alternative methods of participating (video or phone) as soon as reasonably practicable or to request an adjournment.
- Requests for video or phone evidence will be encouraged for people at high risk of severe illness from COVID-19, such as those with underlying medical conditions, those with weakened immune systems, older adults, and those who must travel to Winnipeg from outside of the city to attend.
- Any person who does not need to attend the hearing in-person may contact the Registrar in advance to obtain access by teleconference or videoconference.
- If these Guidelines are not followed, the Board may grant an adjournment or make its own motion for an adjournment at any time.
These Guidelines are subject to change from time to time and may be amended to apply to specific circumstances, at the discretion of the Board.