Tribunal Hearing Recordings
Recording Tribunal Hearings
Under the Workplace Safety and Insurance Act, there is no requirement for the Tribunal to record hearings.1 The Tribunal usually makes audio recordings of its hearings.The Tribunal uses a court reporter to record hearings only in unusual circumstances. In right to sue cases, parties may arrange at their own expense for a court reporter to record the hearing.
Parties are not permitted to record Tribunal hearings.
Audio recordings of hearings are kept by the Tribunal for workplace safety and insurance purposes only.
The Tribunal cannot guarantee the audio quality of copies of audio recordings, as they are re¬recorded from recordings made at hearings.
Transcripts of Tribunal Hearings
There is no requirement under the Act that the Tribunal provide transcripts of hearings. The Tribunal generally does not produce or use transcripts of its hearings.
A transcript of a Tribunal hearing may be produced:
- upon written request from a party to the hearing or
- upon written request from others.
Requesting a Tribunal Audio Recording or Hearing Transcript
Requests from a Party to the Hearing for Workplace Safety and Insurance Purposes
Parties to an appeal may request an audio recording or a transcript of their hearing by completing either a WSIAT Hearing–Audio Recording or Transcript Request form and sending it to the Tribunal. These forms may be obtained from the Tribunal’s website (www.wsiat.on.ca) or by request.
The requesting party must agree to use the audio recording or transcript for workplace safety and insurance purposes only and to keep it confidential.
The Tribunal usually approves audio recording and transcript requests from parties upon receipt of a completed Request form. In unusual circumstances, the Tribunal Vice-Chair or Panel that heard the appeal may issue specific directions about transcripts or recordings.
Requests from Non-Parties or For Other Purposes
Requests for hearing transcripts and audio recordings from:
- a person who is not a party to the appeal (or the authorized representative) or
- anyone wanting to use a transcript for other than workplace safety and insurance purposes must be made under the Freedom of Information and Protection of Privacy Act, unless otherwise required by law.
The Cost of Audio Recordings and Payment
Anyone requesting audio recordings must submit the completed WSIAT Hearing–Audio Recording Request Form and include a cheque or money order to cover the cost of the copy. (Please see the form for details).
Once the request is approved, Tribunal staff prepares the copy of the audio recording and sends it.
The Cost of Transcripts and Payment
Once the request is approved, the Tribunal will advise whether a transcript has already been prepared or if one would need to be created.
If a transcript has already been prepared, a copy will be sent free of charge. If more than one party requests a transcript, the Tribunal encourages the requesting parties to discuss sharing the cost.
When no transcript has been prepared of a hearing audiotape, Tribunal staff arrange for a transcript to be prepared and provide a cost estimate if requested. Tribunal staff do not prepare transcripts; a transcript service provider does this. The transcript is sent when the Tribunal receives payment.
When no transcript has been prepared of a hearing recorded by a court reporter, the Tribunal will tell the requesting party(ies) how to contact the court reporter. The court reporter will give a cost estimate and make delivery and payment arrangements.
Related Documents:
Practice Direction: Tribunal Hearing Recordings
Forms:
WSIAT Request Form for Hearing Tapes
WSIAT Request Form for Transcript of Taped Hearings
Other:
Workplace Safety and Insurance Act, sections 57 to 59
Freedom of Information and Protection of Privacy Act
