No. 09–Summonses

Information Circular

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The following is one in a series of information circulars prepared by the administration staff of the CIRB. The circulars are designed to provide employees, trade unions and employers with general information and a clearer understanding of Board processes. This information circular is an informal tool and is not binding on the Board.


SUMMONSES

If you wish to call witnesses to give evidence or produce documents at a Board hearing and believe that these persons will not appear unless they receive a summons, you may obtain one by writing or calling one of the Board's regional offices or the Board's headquarters in Ottawa. However, Board officers cannot be forced to testify (section 119 of the Canada Labour Code).

You must provide the following information:

  • the file number asigned to the case by the Board;
  • the hearing dates;
  • your name, address and telephone and telecopier numbers and, if you are acting as agent or legal counsel for someone else, the name, address and telephone and telecopier numbers of the party you represent;
  • the name, address and telephone and telecopier numbers of the persons you wish to summon; and
  • a description of any documents you wish the persons to bring with them to the hearing (this is called a "duces tecum"—pronounced DUKESS TEACUM—summons).

The Board will prepare these documents (see samples below), but you must personally deliver the document to the witness, or have it delivered by a bailiff. You are also responsible for paying the witness a witness fee and a sum to cover expenses. This money is intended to cover reasonable costs for transportation, meals and, if necessary, overnight lodging. The amount you must pay varies according to the province in which the hearing will take place (see section 118 of the Canada Labour Code).


FOR ADDITIONAL INFORMATION YOU MAY CONTACT THE BOARD OFFICE NEAREST YOU.


Board File:

SUMMONS

BEFORE THE

CANADA INDUSTRIAL RELATIONS BOARD

TO:............................................................

IN THE MATTER of the Canada Labour Code (Part I–Industrial Relations) and of .................................................................................................................................... concerning ........................................................................................................................

WHEREAS it has been made to appear that you are likely to give material evidence respecting the above-cited matter, you are hereby summoned and required to appear before the Canada Industrial Relations Board at a hearing to be held at .......................... in the city of ................................... on the ........................... day of 20 ............ , at the hour of ............................ in the ........................... noon, and so from day to day until the matter is heard, to give evidence relating to the matter in question.

GIVEN under my hand this.........................day of..........................20.............

...................................................................
Canada Industrial Relations Board


Board File:

SUMMONS

BEFORE THE

CANADA INDUSTRIAL RELATIONS BOARD

TO:............................................................

IN THE MATTER of the Canada Labour Code (Part I–Industrial Relations) and of .................................................................................................................................... concerning ........................................................................................................................

WHEREAS it has been made to appear that you are likely to give material evidence respecting the above-cited matter, you are hereby summoned and required to appear before the Canada Industrial Relations Board at a hearing to be held at .......................... in the city of ................................... on ........................... the ........................... day of ........................... 20............, at the hour of ............................ in the ........................... noon, and so from day to day until the matter is heard, to give evidence touching the matter in question and to bring with you at the time and place aforesaid and produce before the said Board ........................................................................................................................ and any other books, papers or documents in your custody or under your control in any way relating the the matter in question.

GIVEN under my hand this.........................day of..........................20.............

...................................................................
Canada Industrial Relations Board


Board File:

SUMMONS

BEFORE THE

CANADA INDUSTRIAL RELATIONS BOARD

TO:............................................................

IN THE MATTER of the Canada Labour Code (Part II–Occupational Safety and Health) and .................................................................................................................................... concerning ........................................................................................................................

WHEREAS it has been made to appear that you are likely to give material evidence respecting the above-cited matter, you are hereby summoned and required to appear before the Canada Industrial Relations Board at a hearing to be held at .......................... in the city of ................................... on ..........................., the ........................... day of ........................... 20............, at the hour of ............................ in the ........................... noon, and so from day to day until the matter is heard, to give evidence relating to the matter in question.

GIVEN under my hand this.........................day of..........................20.............

...................................................................
Canada Industrial Relations Board


Revised 2001

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