(Disponible en français)
The Licence Appeal Tribunal (the "Tribunal") has updated its Practice Direction for audio recording of its hearings. This Practice Direction provides general information only and explains the Tribunal's approach to applying the updated Rule 13 of the Licence Appeal Tribunal Rules, 2023 ("Rules") which applies to all appeals as of July 1, 2024. Statutes, regulations, and the Rules and orders of the Tribunal will always take priority over this Practice Direction.
Recording of in-person and electronic hearings is for the limited use of assisting the Tribunal to carry out its functions and provide quality service. Recordings are for internal Tribunal use only and are not available to the parties or to the public.
The use of recordings is subject to Tribunals Ontario's Guidelines for Reasons Review and Decisions Quality Standards, including respect for adjudicative independence and enhancing service to the public.
Rule 13.2 provides that the Tribunal may record its hearings. Recording of electronic hearings will normally be made using the recording function in Zoom.
If the Tribunal is required by statute to record a hearing, it will normally do so by having a court reporter attend the hearing. The Tribunal is required to record hearings held under the following legislation:
The Tribunal will not record pre-hearing events, including case conferences and settlement conferences.
The Tribunal will make a recording when it is necessary to accommodate the needs of a party or a representative under the Human Rights Code. An accommodation request may be made under the Human Rights Code and must be approved by the Tribunal.
As set out in Rule 13.3, a party who wishes to record a hearing must seek permission of the Tribunal. Requests for permission must be made in writing at least 10 days before the hearing. The other parties may make submissions on the request in the timeframe specified by the Tribunal. As also set out in Rule 13.3, the Tribunal may limit a party's right to record a hearing. The Tribunal may also limit access to a recording pursuant to the limitation on public access set out in Rule 13.1.
A party who records a hearing must provide a copy of the recording to all other parties, and upon request, to the Tribunal at no cost to the Tribunal.
As set out in Rule 13.4, a party who wishes to retain a court reporter for a hearing may do so if they advise the Tribunal and the other parties in writing at least 10 days before the hearing. No further action is required. A party who retains a court reporter for a hearing does so at that party's expense.
Rule 13.4 provides that a party who retains a court reporter must ensure that all other parties have an equal right to request, at their own expense, a transcript from the court reporter. If a party requests a transcript, it is the responsibility of the requesting party to provide a certified copy of the transcript to the Tribunal upon request and at no cost to the Tribunal. The Tribunal may also limit access to a transcript pursuant to Rule 13.1.