12. Conducting the hearing

Hearings before the Board of Referees are meant to be simple and informal. The chairperson and members of the Board are expected to create and maintain an atmosphere conducive to the free flow of information throughout the hearing.

The chairperson should ensure that all parties attending the hearing are aware that Board members are independent of the Commission. It should be made clear that the Board's function is to referee, to be an impartial body applying the EI legislation and relevant court judgments. Those attending should be informed that the Board's function is to apply the law, not change it, and to ensure that all the facts of the case are known and applied to the case. None of the Board members represents the interests of the government, employers or labour; together they constitute an impartial tribunal called on to provide objective analysis and unbiased decisions.

The interested parties may be accompanied by an interpreter if they are not sufficiently familiar with either of the two official languages. A hearing may be adjourned to enable the claimant to be accompanied by an interpreter at a rescheduled hearing. In the case of persons with hearing impairments, the Canadian Charter of Rights and Freedoms requires that any proceedings of a tribunal be conducted with the aid of a sign language interpreter. Section 14 of the Charter provides that everyone at the hearing must understand the language in which it is being conducted, including people who are deaf or hearing impaired.

Any information having a bearing on the decision cannot be considered confidential. Natural justice requires that all parties to an appeal be aware of pertinent evidence so that they may provide a rebuttal. Evidence submitted and considered at the hearing cannot be considered confidential.

The Board is not in a position to know whether a claimant will be eligible to receive benefits following its decision. Therefore, the Board of Referees cannot assure claimants that benefits will be paid if their appeal is successful.

After the hearing, the chairperson informs the participants that the Board's written decision will be communicated to them shortly by mail.

The Board Assistant is not present during the actual hearing. Should there be a request from one of the parties present to include in the appeal docket a specific document that he or she knows ought to be on file, the Board Assistant can retrieve the document. The Board Assistant may also be called on to assist with tape recording, video conferencing or telephone equipment, or to enter new exhibits as directed by the chairperson.