(Disponible en français)
The Human Rights Tribunal of Ontario ("HRTO") has updated its Practice Direction for audio recording of its hearings. This Practice Direction provides general information only and explains the HRTO's approach to applying the updated Rule 3.7 and the new Rules 3.8 and 3.9 of the HRTO's Rules of Procedure ("Rules") which applies to all proceedings as of July 1, 2024. Statutes, regulations, and the Rules and orders of the HRTO will always take priority over this Practice Direction.
Recording of in-person and electronic hearings is for the limited use of assisting the HRTO to carry out its functions and provide quality service. Recordings are for internal HRTO use only and are not available to the parties or to the public.
The use of recordings is subject to Tribunal Ontario's Guidelines for Reasons Review and Decisions Quality Standards, including respect for adjudicative independence and enhancing service to the public.
Rule 3.7 provides that the HRTO may record its hearings. Recording of electronic hearings will normally be made using the recording function in Zoom. The HRTO will not record pre-hearing events including case management conference calls, mediations or other settlement discussions.
The HRTO will record a hearing when it is necessary to accommodate the needs of the adjudicator, a party or a representative under the Human Rights Code. A party who requires accommodation must file an Accommodation Request Form and submit it to the HRTO. An Accommodation Request Form does not need to be delivered to the other parties in the proceeding.
As set out in Rule 3.8, a party who wishes to record a hearing must request permission from the HRTO at least 10 days before the hearing. A self-recording or transcription of such recording may not be publicized or used for any purpose other than in the proceeding before the HRTO.
Recordings and/or transcriptions made by a party do not form part of the HRTO's record of proceedings, including the record filed in court in respect of any application for judicial review.
A party who records a hearing must provide a copy of the recording to all other parties, and upon request, to the HRTO, at no cost to the other parties or the HRTO.
As set out in Rule 3.9, a party who wishes to retain a court reporter for a hearing may do so if they advise the HRTO and the other parties, in writing, at least 10 days before the hearing. The party who retains the court reporter is responsible for the full cost of the services of the court reporter. To ensure that all parties and the HRTO have access to the transcript, the party that has retained the court reporter must normally have transcripts produced and provide copies to the HRTO and the other parties at its own expense. The HRTO may waive this requirement or make directions about the date the transcript must be produced. The official transcript will normally be considered part of the HRTO's record of proceedings and be included in the record filed in court in respect of any application for judicial review.