In this case, the prohibition under the Industrial Relations Act continues under the Code and also meets the requirements of section 78 . This revision has changed the substance of a long standing, pre-existing practice by the Labour Relations Board. I agree with the Board's position that this section does not operate retrospectively. In determining whether or not a provision is procedural, the court in Upper Canada College v. S.J. Smith provided some direction.
Procedure is used in a fairly restricted sense.
It has to do with the method of prosecuting an action which exists, not with taking away such a right of action. Thus a statute which, for example, deals with a time limit on actions is not merely procedural, because it takes away a vested right. Those who provided information to an Industrial Relations Officer in 1984 did so knowing that this information would be kept confidential. When the report was prepared, it was done under the existing legislation, which reflected a long standing policy of the Board that such reports were not disclosed to the parties. Review of the records in dispute I only need to review the draft letter in dispute for purposes of this section.