After the Hearing
Getting a decision
- After the hearing, the Board carefully reviews the parties’ evidence and arguments before making its decision.
- Board decisions are in writing and explain to the parties why the Board decided the way it did.
- In most cases, the Board will send a written decision with full reasons to the parties once it is ready. The decision is usually sent by email.
- In urgent cases, the Board may communicate its decision to the parties orally or in writing and send them the written reasons later.
- All of the Board’s key decisions are published on the Decisions page.
How long will it take to get a decision?
- It can take several weeks or months or more to receive a decision, depending on the complexity of the case.
- It will take longer to get a decision if the hearing took many days, if the hearing days were spread over many months, if the hearing involved multiple witnesses or if there were many documents.
- It will also take longer to get a decision when the issues are complex or when the parties raised new questions or interpretations of the law that the Board has not previously considered.
- You can consult the Board’s performance statistics for more information on how long it usually takes the Board to issue its decisions.
What if the other party is not respecting the Board’s decision?
- If the decision deals with labour relations, you can write to the Board and ask it to file its decision with the superior court of a province or with the Federal Court. Once the decision is registered by the court, it can be enforced as a court order.
- The Board will not file its decision with a court unless you can convince it that the other party will not respect it unless it is filed. You also need to tell the Board how you intend to enforce the decision once it is filed. When an employer does not respect certain employment standards and occupational health and safety decisions, the Labour Program of Employment and Social Development Canada can issue a notice of violation against them as well as impose financial penalties called Administrative Monetary Penalties.
- Employers that have committed offences under the labour relations provisions of the Canada Labour Code can also be prosecuted; however, the Board’s consent in writing must be obtained.
If the decision deals with health and safety or employment standards, you can file the decision directly in the Federal Court or ask the Head of Compliance and Enforcement of the Labour Program (Employment and Social Development Canada) to file the decision for you. Once registered by the court, the decision can be enforced as a court order.