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Notice of Changes to the Procedures Governing the Filing of Evidence in Applications for the Maintenance of Activities under Subsection 87.4(4) of the Canada Labour Code

To enable the Board to comply with the 82-day statutory time limit under the Canada Labour Code (the Code) for rendering its decision, an applicant filing an application under subsection 87.4(4) of the Code must now file one or more affidavits in support of the allegations concerning the maintenance of essential activities, together with any documents relied upon in support of the application.

The respondent must likewise file one or more affidavits in support of the allegations concerning the maintenance of essential activities, together with any documents relied upon in support of its response.

Where the applicant disputes the factual allegations raised by the respondent, the applicant must also file one or more affidavits, together with any documents relied upon, in support of its reply.

In addition, where a party intends to rely on an expert report, the report must be filed with its application or response, as applicable, to enable the Board to comply with the statutory time limit under the Code for rendering its decision.

Upon receipt of a complete application, the Board will issue an acknowledgement of receipt confirming that it is required to render its decision within 82 days after the application is filed. Considering this statutory requirement, any request for an extension of time, including one made on consent of the parties, may be refused where granting the request could compromise the Board's ability to comply with the statutory deadline. The Board may also refuse to accept the late filing of any evidence (including affidavit evidence) or an expert report where the delay is not adequately justified.

The Board may determine an application solely based on the written evidence filed by the parties. Parties must therefore ensure that all affidavits, expert reports and any other evidence on which they intend to rely are filed within the applicable time limits.