Summons
This page answers questions about the summons process.
When do I need a summons?
Persons who appear before the Board will often call witnesses to give evidence to support their position.
Sometimes parties will simply ask the witness to attend the hearing at a certain place and time (or by video link at a certain time).
If you want to be sure that your witness will show up at the designated time and place, you can ask the Board to issue a summons to witness (Summons). If a witness has been given a Summons and does not show up, you can ask the Board to reschedule the hearing. The Board will be more inclined to reschedule the hearing if a Summons was sent.
Board members and staff cannot be asked to be witnesses.
How do I request a Summons?
You need to write to the Board and ask it to prepare a Summons.
What Information Does The Board Need?
In your letter to the Board, you should include:
- the case file number;
- the hearing dates;
- your name, address, and telephone number;
- if you are representing a party, the name, address, and telephone number of the person you represent;
- the names, addresses, and telephone numbers of the witnesses you wish to summon;
- the preferred language of each witness; and
- a description of any documents that you would like each person to bring with them to the hearing.
If the hearing is being held by videoconference, you (or your representative) must provide each witness with the link to the videoconference.
What does the Board do with the information?
The Board will prepare the Summons documents and send them to you.
IMPORTANT: You are responsible for getting the Summons documents to the witnesses.
The best way to make sure that the witness receives the document is to deliver it to them yourself by hand. You can also hire a process server to deliver it for you, but this will cost you money.
You can also send the Summons by registered mail, fax, or email.
You must get proof of delivery. If you send the Summons by fax, keep the fax confirmation sheet.
If you send the Summons by email, ask for a read receipt or ask the witness to confirm receipt by reply email.
When do I need to provide the summons to the witness?
The Summons must be delivered to the witness at least 5 calendar days before the hearing.
Will I have to cover any costs for my witnesses?
You are responsible for paying the witness a witness fee (typically a daily amount) and any additional amount to cover their 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.
The Industrial Relations Officer who is assisting with your file can help you with this process.