Legal Authority: Your use of the Portal constitutes your acknowledgment that you have the legal authority to file documents with the CIRB, as required by section 6 of the Canada Industrial Relations Board Regulations, 2012, as amended from time to time (Regulations), and by the Status of the Artist Act Procedural Regulations, as amended from time to time (SAA Regulations).
No Unlawful or Prohibited Use: You expressly agree to use the Portal only for lawful purposes and in a manner that does not interfere with any third party’s use and enjoyment of the Portal. Such interference includes, without limitation, conduct which is unlawful, conduct which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content. Without limiting the generality of the foregoing, you expressly agree not to obtain or attempt to obtain through any means any materials or information that have not been intentionally made publicly available either by their public display on the Portal or through their accessibility by a visible link on the Portal.
Suspension or Limitation of Use: The CIRB, in its sole and absolute discretion, may change, suspend, restrict or discontinue access to and use of the Portal at any time without notice or liability to you.
II) Filing and CIRB Communications
Filing: You are responsible for ensuring that all documents are transmitted through the Portal to the CIRB in a timely fashion. A document is considered filed once it has been received by the CIRB. You are responsible for tracking the acceptance or rejection of any documents that you file through the Portal. The CIRB will not be responsible for incomplete submissions resulting from the use of the Portal, including, without limitation, submissions that are missing pages and/or that contain corrupted files.
Time Limits: The CIRB is not responsible for your failure to meet any timelines for the filing of pleadings or other documents for any reason, including inaccessibility or failure of the Portal system.
Document Filing Standard: All documents submitted to the CIRB through the Portal must be in Portable Document Format (PDF). Other formats will not be accepted for electronic filing.
Signatures: An electronic signature will satisfy the CIRB’s requirement in section 6 of the Regulations and of the SAA Regulations for signatures on documents filed. The CIRB considers the following to be an electronic signature: one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document. The CIRB reserves the right to impose standards for a secure electronic signature in its sole discretion.
III) Privacy and Personal Information
PERSONAL INFORMATION, INCLUDING PERSONAL HEALTH INFORMATION, FILED THROUGH THE PORTAL WILL NOT BE CONSIDERED OR TREATED AS CONFIDENTIAL.
NOTHING IN THIS PARAGRAPH LIMITS THE GENERAL APPLICATION OF THE TERMS AND CONDITIONS OF USE FOR THE CIRB’S ENTIRE WEBSITE.
Certain personal information, such as your name, your email address, and your telephone number, will be transmitted to the CIRB through the CIRB Portal. In accordance with the CIRB’s open justice policy, except as otherwise provided by law, information and/or documents transmitted to and/or filed with the CIRB, including through the CIRB Portal, are considered public and will be placed on a public record as well as shared with affected parties. For greater certainty, personal information contained in these documents will also be placed on the public record and shared with affected parties.
In accordance with the Privacy Act, R.S.C. 1985, c. P-21, as amended from time to time, the CIRB uses personal information for the sole purpose of processing related applications and delivering related services, notices and decisions in accordance with its mandate under the Canada Labour Code, R.S.C. 1985, c. L-2, and the Status of the Artist Act, S.C. 1992, c. 33, as amended from time to time, and the procedures set out in the Regulations and the SAA Regulations. The CIRB may also disclose personal information in Board decisions and orders, which are transmitted to affected parties and which may be published on the CIRB website and other online databases.
By filing your application, response, reply and/or any other document with the CIRB, including by filing it through the CIRB Portal, you are consenting to the use and disclosure of your personal information as set out in this Agreement.
IV) Limitations and Indemnity
THIS PARAGRAPH ELIMINATES ANY AND ALL LIABILITY OF THE CIRB AND REQUIRES USERS TO ASSUME THE FULL RISK IN RESPECT OF ANY USE OF THE PORTAL. PLEASE READ THIS PARAGRAPH CAREFULLY.
Disclaimer of Warranties: The Portal is provided on an “as is,” “as available” and “with all faults” basis and without warranties or representations of any kind, either express or implied. Without limiting the generality of the foregoing, the CIRB does not warrant or represent that it will provide continuous, uninterrupted access to the Portal and you acknowledge that the Portal may be interrupted and/or unavailable from time to time for reasons of system maintenance or otherwise and that the Portal may contain “bugs”, “errors” or other problems or inadequacies. By accessing or using the Portal, you acknowledge and agree that that use of the Portal is entirely at your own risk.
Limitation of Liability: In no event will the CIRB, its servants, agents, contractors, employees or their respective successors and assigns be liable for any damages (including, without limitation, any direct, consequential, pecuniary or non-pecuniary damages whatsoever) arising from or relating to this Agreement or that result from your use or your inability to use the Portal. In no event shall the CIRB, its servants, agents, contractors, employees or their respective successors and assigns be liable for damages under this Agreement, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, exceeding one hundred Canadian dollars (Can$100) even if the CIRB has been advised or ought to have known of the possibility of such damages.
You hereby release the CIRB, its servants, agents, contractors, employees or their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your use of the Portal.
V) Technical Requirements
You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or use the Portal, including, without limitation, an Internet connection, modem, hardware, software, firmware, peripherals, and long distance or local telephone service, if applicable. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the Portal. You are solely responsible for any fees or costs associated with all such equipment or ancillary services.
In addition, at your own expense, you are responsible for providing, operating and maintaining your own network connection, computer hardware, and desktop and communications software that are compatible with the Portal and for providing, operating and maintaining your own network connection, computer hardware and software designed to protect your computer system from electronic system viruses.
VI) Governing Law and Jurisdiction
The Portal is controlled by the CIRB from its offices within the Province of Ontario, Canada. By accessing or using the Portal, you agree that all matters relating to your access to, or use of, the Portal shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters.
- Date modified: