1. Purpose
This Practice Note outlines the expectations and procedures for the pre-hearing disclosure and production of documents in proceedings before the Saskatchewan Labour Relations Board (the “Board”). It is intended to promote procedural fairness, transparency, and the efficient resolution of disputes.
2. Procedural Fairness and Scope of Disclosure
Disclosure is a fundamental component of procedural fairness. It ensures that all parties have a fair opportunity to know and respond to the evidence that may be presented at a hearing.
Parties are expected to:
- Disclose all documents they intend to rely upon at the hearing.
- Disclose any other documents, things, or particulars that are agreed to be relevant and proportionate to the issues in dispute, even if not intended for use at the hearing.
- Engage in good faith discussions to identify materials that meet the threshold of relevance and proportionality.
- Ensure that disclosure is complete, accurate, and made in good faith.
- Make such disclosure within a reasonable period of time in advance of the hearing.
3. Timeliness
What constitutes a “reasonable period of time” will depend on the nature and complexity of the matter. However, parties should aim to disclose documents as early as possible to allow adequate time for review and response.
If a party has concerns about the timing of disclosure in a particular case, a request can be made to the Board for a case management conference. A request for timelines for disclosure can also be made at appearance day.
4. Applications for Production or Particulars
If voluntary disclosure is insufficient, a party may file a written application under Section 21 of The Saskatchewan Employment (Labour Relations Board) Regulations, 2021, requesting the production of specific documents or particulars.
Such an application must be served on all parties at least 20 business days before the hearing date. This statutory deadline sets a minimum threshold for disclosure-related applications. Parties are encouraged to act well in advance of this deadline to allow time for responses, Board consideration, and resolution of disputes.
5. Consequences of Non-Disclosure
The Board may, in its discretion:
- Refuse to admit any document at the hearing that was not disclosed within a reasonable period of time.
- Consider the failure to disclose in determining procedural remedies, including adjournments.
6. Encouragement of Cooperation
Parties are encouraged to:
- Engage in early and voluntary disclosure.
- Communicate clearly and promptly about any issues related to document production.
7. Board Discretion
The Board retains discretion to:
- Order the production of documents or particulars.
- Set timelines for disclosure.
- Impose conditions or remedies to ensure fairness and efficiency.
This practice note is intended to provide general guidance concerning the current policy of the Board with respect to pre-hearing disclosure and production of documents. Specific inquiries should be directed to the Board Registrar.
DATED at Regina, Saskatchewan, September 1, 2025.