No. 09–Summonses
Information Circular
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.
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 (the Code))
You must provide the following information:
- the file number assigned to the case by the Board;
- the hearing dates;
- your name, address and telephone number and, if you are acting as agent or legal counsel for someone else, the name, address and telephone number of the party you represent;
- the name, address and telephone number 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).
If the hearing will be held by videoconference, you must also provide the Board with the email addresses of the persons you wish to summon, so that the Board can share the link to the hearing.
The Board will prepare these documents (see samples below), but you are responsible for serving the document on the witness. The best way to ensure that the witness receives the document is to deliver it to the witness in person or by bailiff. However, you can serve the document through various other means, such as by mail at the witness’s last known address or by fax with proof of delivery (see section 7(1) of the Canada Industrial Relations Board Regulations, 2012 (the Regulations)). The Board, under paragraph 7(1)(d), also authorizes service by email. If you choose to deliver a summons by email, it is recommended that you obtain proof of delivery by obtaining an automatic delivery receipt or by asking the witness to reply to your email to confirm receipt.
Generally, the summons must be served no later than five days before the hearing (see section 24(2) of the Regulations)
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 Code).
FOR ADDITIONAL INFORMATION YOU MAY CONTACT THE BOARD OFFICE NEAREST YOU.
Virtual hearing:
Board File:
SUMMONS
BEFORE THE
CANADA INDUSTRIAL RELATIONS BOARD
TO:............................................................
IN THE MATTER of the Canada Labour Code 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 by videoconference using the Zoom application on the .......................... day of ...............20 ............ , at the hour of ............................, to give evidence relating to the matter in question. You are to remain until the hearing is concluded or you are otherwise excused by the person chairing the hearing.
If applicable You are hereby required to provide the applicant/complainant, the respondent and the Board via email or e-filing no later than the end of day on …............... the following documents: …...................................................................................
Further instructions for the hearing to be provided by email.
GIVEN under my hand this.........................day of..........................20.............
...................................................................
Canada Industrial Relations Board
In person hearing:
Board File:
SUMMONS
BEFORE THE
CANADA INDUSTRIAL RELATIONS BOARD
TO:............................................................
IN THE MATTER of the Canada Labour Code 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 ............................, to give evidence touching the matter in question. You are to remain until the hearing is concluded or you are otherwise excused by the person chairing the hearing.
[If applicable] You are hereby required to bring with you at the hearing and produce before the said Board the following documents: .............................................................................................................. .
GIVEN under my hand this.........................day of..........................20.............
...................................................................
Canada Industrial Relations Board
Revised 2021