This provision provides that ss. 123 and 124 of the Employment Standards Act, 2000 apply to the Ontario Labour Relations Board and its duties under the Employment Protection for Foreign Nationals Act, 2009.

Section 123 of the Employment Standards Act, 2000 provides that a Board member, employee or registrar cannot be compelled to give evidence in a civil proceeding, Board proceeding or other administrative proceeding with respect to information obtained while exercising his or her powers or performing his or her duties under the Employment Standards Act, 2000 unless the Board consents. It also provides that a labour relations officer cannot disclose information or material received under the Employment Standards Act, 2000 without Board authorization.

Section 124 of the Employment Standards Act, 2000 provides that where the Board has not made a decision six months after a proceeding was commenced, a party can apply to terminate the proceeding. If the proceeding is terminated, the chair can reinstitute the proceeding on such terms as he or she considers appropriate.

For a discussion of ss. 123 and 124 of the Employment Standards Act, 2000 see ESA Part XXIII.