Public Service Staffing Complaints Regulations

Marginal note:Request for order to provide information

• 17 (1) If a party refuses to provide information, the complainant, the deputy head or the Commission may, after the time provided for the exchange of information, request the Tribunal to order that the information be provided.

• Marginal note:Form and content of request

  (2) The request for an order to provide information must be in writing and must include

  • (a) the name, address, telephone number, fax number and electronic mail address of the party making the request;

  • (b) the Tribunal’s file number for the complaint to which the request relates;

  • (c) a list specifying the documents or information requested;

  • (d) a detailed explanation as to why each requested item is relevant to the complaint; and

  • (e) the date of the request.

• Marginal note:Suspension of time

  (3) Any time that is specified in these Regulations in relation to a complaint, notice or document is suspended until the Tribunal renders a decision respecting the request for an order to provide information.

• Marginal note:Order to provide information

  (4) The Tribunal must order that the complainant, the deputy head or the Commission be provided with the information if the Tribunal determines that the information may be relevant and that its provision will not

  • (a) threaten national security;

  • (b) threaten any person’s safety; or

  • (c) affect the validity or continued use of a standardized test, or any part of such a test, or distort the results of a standardized test by giving an unfair advantage to any individual.

• Marginal note:Conditions

  (5) The Tribunal may make the order to provide information subject to any conditions that it determines are necessary, including any conditions that are necessary to prevent any of the risks referred to in paragraphs (4)(a) to (c).

• Marginal note:Duration of conditions

  (6) The conditions apply before and after the hearing or after any other resolution or disposition of the complaint.