The purpose of this policy is to ensure that every person can participate fully and equally in the Tribunal’s complaint process under the Human Rights Code [Code].
This policy sets out:
when and how to request accommodation from the Tribunal, and
how the Tribunal will handle a request for accommodation.
B. When to request accommodation
Request accommodation as soon as possible. You can request accommodation at any time in the process. However,
the earlier that you request accommodation, the sooner the Tribunal can respond to meet that need;
for a meeting accommodation – including a mediation, conference, or hearing – if possible, you must request accommodation at least 21 days before the date set for the meeting.
C. How to request accommodation
1. General
You can ask for accommodation from the Tribunal in one of three ways. The way you ask for accommodation will depend on your request. The three ways to ask are:
If you need more time to take steps in the complaint process, or for other requirements, complete and file a Form 10 – Request for Accommodation.
3. Accommodation of personal support services
If you need accommodation for personal support services, complete and file a Form 10 – Request for Accommodation. For example, the Tribunal may:
book a private room for a person’s use during a hearing or mediation if they use personal support services to help them communicate, or to help with mobility, personal care, medical or other needs; or
allow a party to have someone sit with them during a hearing or mediation to provide support, such as emotional support or note-taking.
4. Accommodation of communication needs
If you need forms and other documents in accessible formats such as word or large print, ask your Case Manager or other Tribunal staff person, or complete and file a Form 10 – Request for Accommodation.
If you need an interpreter for a mediation, hearing, or a call with the Tribunal such as an inquiry call or case conference call, ask your Case Manager or other Tribunal staff person, or complete and file a Form 10 – Request for Accommodation.
If you are unable to communicate in writing in English and cannot get help from anyone else, including the advocacy organizations such as those listed on the Tribunal’s website under Who Can Help, ask a Tribunal staff person for an interpreter to make your request for accommodation.
If you file a Form 10 – Request for Accommodation, the Tribunal will refer your request to its Accommodation Committee. The Accommodation Committee may:
tell you that it will provide the accommodation;
ask for more information before it makes a decision (see paragraphs 20-21);
ask a third party with expertise in accommodation to identify necessary and reasonable accommodation;
tell you that another party has a right to respond and that you must share the information you gave to the Tribunal with the other party, if you want to proceed with your request (see paragraph 22);
determine that the accommodation is not necessary or reasonable.
If you file a Form 7.1 – General Application, the Tribunal may give the other party a chance to respond, and a Tribunal member will decide whether to grant your request.
If the Tribunal tells you that it will provide the accommodation, it will work with you to put the appropriate accommodation in place.
E. What happens when the Tribunal requires more information
The Tribunal may ask for more information, such as medical documents, to:
clarify your request;
if necessary, determine if the requested accommodation is linked to grounds in the Code;
better understand your needs so it can determine how to make the Tribunal process accessible; or
consider the impact of the requested accommodation on the other parties and the Tribunal.
You must give the Tribunal the information it reasonably needs to decide what accommodation is necessary and reasonable.
F. What happens when the Tribunal determines another party has a right to respond
If the Tribunal determines that an accommodation could impact the rights of another party, it:
may tell you that you must share the information that you gave to the Tribunal with the other party, if you want to proceed with your request;
will give the other party a chance to respond before deciding your accommodation request; and
may refer the request to the chair of the Tribunal to assign the request to a Tribunal member for decision.
G. How the Tribunal decides whether accommodation is reasonable
The Tribunal will consider the information you provide and, if applicable, the other party’s response.
The Tribunal will consider whether the requested accommodation is necessary and reasonable, including how it affects:
the parties’ participation in the process;
the timeliness of the complaint process;
the fairness of the complaint process; and
the Tribunal’s resources.
If the Tribunal determines that the requested accommodation is not reasonable, it will work with you to find other steps to accommodate your needs, if possible.
H. Privacy and the impact of an accommodation
Unless you consent to sharing the information with the other parties:
the Tribunal will not give the information you provide to support your request for accommodation to the other parties;
the Tribunal will store the information you provide to support a request for accommodation separately from a complaint file, if applicable.
If the Tribunal grants an accommodation, it will record the approved accommodation on a complaint file, if applicable, and may tell the other parties that it granted the accommodation.
The Tribunal’s decision whether to grant an accommodation under this policy has no bearing on the merits of a complaint.
I. Questions, Feedback and Complaints
You may send questions, feedback, or complaints about this policy by contacting us. Put “Accommodation Policy” in the subject line. If you phone, ask the Registry Officer to refer your question, feedback, or complaint to the Registrar.
