Guide to Form 28: Intervention Notice by Bargaining Agent (English / French)

Understanding the Human Rights Tribunal of Ontario's Form 28: Notice of Intervention by Bargaining Agent

If you are a union or bargaining agent representing an employee involved in a human rights application in Ontario, you may need to formally intervene in the proceedings. The official Form 28, titled Notice of Intervention by Bargaining Agent – Rule 11.14, is the document used for this purpose. This article explains when and how to use this form, what information it requires, and key points to consider during the process.

When Should You Use Form 28?

This form is specifically designed for bargaining agents who wish to participate in a human rights case where an employee has filed an application claiming discrimination. If your organization represents an employee who has initiated such an application, and you believe your intervention is necessary or appropriate, submitting this form is the formal step to do so.

Intervention allows the bargaining agent to be involved in the case, potentially influencing its outcome or ensuring the employee's rights and interests are represented. Typical scenarios include cases where the union seeks to support the employee’s claim, challenge the employer’s position, or participate in the proceedings such as mediation, written submissions, or cross-examination.

What Information Does the Form Require?

1. Application Details

• Tribunal File Number: The unique identifier assigned to the case by the Human Rights Tribunal of Ontario (HRTO).
• Name of the Applicant: The individual who filed the discrimination claim.
• Name of Each Respondent: The employer or organization against whom the application is made.

2. Contact Information for the Bargaining Agent

• Organization Name: The full legal name of your bargaining organization.
• Contact Person: The primary contact for correspondence regarding the intervention.
• Address and Contact Details: Including street address, city, province, postal code, email, and phone numbers.
• Preferred Method of Communication: Indicate whether documents should be sent via mail, email, or fax. Note that consenting to email delivery implies acceptance of electronic communication.

3. Scope and Role of Intervention

You must describe your organization's position regarding the issues raised in the application. This includes outlining the material facts and legal or procedural points relevant to your intervention. Additionally, specify the role your organization intends to take, such as participating in mediation, making written or oral submissions, cross-examining witnesses, or presenting evidence.

How to Submit and What Happens Next?

Once completed, the form must be delivered along with a Statement of Delivery (Form 23) to all parties involved in the case, including the applicant and respondent. The delivery can be made via mail, email, or fax, as specified in the form. After submission, the HRTO will review your intervention request and confirm your participation in the proceedings.

If any party objects to your intervention, they can file a Request for an Order During Proceedings (Form 10), along with a Statement of Delivery, to challenge your involvement. The HRTO will then decide whether your intervention will proceed.

Points of Attention and Best Practices

• Complete and Accurate Information: Ensure all sections are filled out clearly and correctly to avoid delays or rejection.
• Timely Delivery: Submit your intervention promptly, respecting any deadlines set by the HRTO or during the case process.
• Clear Role Definition: Specify your organization's role and position to facilitate the tribunal's understanding of your involvement.
• Legal and Procedural Awareness: Be familiar with Rule 11.14 and related procedures to ensure compliance and effective participation.

Additional Resources and Contact Information

Forms, including Form 28 and Form 23, are available on the HRTO's official website under the Forms & Filing section. For assistance or to request accessible formats, contact the HRTO directly at:

• Address: 15 Grosvenor Street, Ground Floor, Toronto, ON M7A 2G6
• Phone: 416-326-1312 or toll-free 1-866-598-0322
• TTY: 416-326-2027 or toll-free 1-866-607-1240
• Email: available on the HRTO website

By understanding and correctly completing Form 28, bargaining agents can ensure their rights and interests are properly represented in human rights proceedings, contributing to a fair and transparent process.