Tribunal Powers under the Child, Youth, and Family Services Act, 2017

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-02
CLNP Page ID:	1778
Page Categories:	CFSRB
Citation:	Tribunal Powers under the Child, Youth, and Family Services Act, 2017, CLNP 1778, <4G>, retrieved on 2024-05-02
Editor:	Sharvey
Last Updated:	2022/11/23

Tribunal Powers under the Child, Youth, and Family Services Act, 2017

15 (1) Service providers shall respect the rights of children and young persons as set out in this Act.

(2) Service providers shall ensure that children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving.

(3) Subsection (2) does not apply to a child or young person or parent of a child or young person if there is good cause for not giving that person an opportunity to be heard or represented as described in that subsection.

(4) Service providers shall ensure that decisions affecting the interests and rights of children and young persons and their parents are made according to clear, consistent criteria and are subject to appropriate procedural safeguards.

...

119 (1) A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations.

(2) Where a society receives a complaint under subsection (1), it shall deal with the complaint in accordance with the complaint review procedure established by regulation, subject to subsection 120 (2).

(3) A society shall make information relating to the complaint review procedure available to the public and to any person upon request.

(4) Subject to subsection (5), the decision of a society made upon completion of the complaint review procedure is final.

(5) If a complaint relates to one of the following matters, the complainant may apply to the Board in accordance with the regulations for a review of the decision made by the society upon completion of the complaint review procedure:

1. A matter described in subsection 120 (4).

2. Any other prescribed matter.

(6) Upon receipt of an application under subsection (5), the Board shall give the society notice of the application and conduct a review of the society’s decision.

(7) The Board shall be composed of members with the prescribed qualifications and prescribed experience.

(8) The Board may hold a hearing and, if a hearing is held, the Board shall comply with the prescribed practices and procedures.

(9) The Statutory Powers Procedure Act does not apply to a hearing under this section.

(10) Upon completing its review of a decision by a society in relation to a complaint, the Board may,

(a) in the case of a matter described in subsection 120 (4), make any order described in subsection 120 (7), as appropriate;

(b) redirect the matter to the society for further review;

(c) confirm the society’s decision; or

(d) make such other order as may be prescribed.

(11) A society shall not conduct a review of a complaint under this section if the subject of the complaint,

(a) is an issue that has been decided by the court or is before the court; or

(b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.

120 (1) If a complaint in respect of a service sought or received from a society relates to a matter described in subsection (4), the person who sought or received the service may,

(a) decide not to make the complaint to the society under section 119 and make the complaint directly to the Board under this section; or

(b) where the person first makes the complaint to the society under section 119, submit the complaint to the Board before the society’s complaint review procedure is completed.

(2) If a person submits a complaint to the Board under clause (1) (b) after having brought the complaint to the society under section 119, the Board shall give the society notice of that fact and the society may terminate or stay its review, as it considers appropriate.

(3) A complaint to the Board under this section shall be made in accordance with the regulations.

(4) The following matters may be reviewed by the Board under this section:

1. Allegations that the society has refused to proceed with a complaint made by the complainant under subsection 119 (1) as required under subsection 119 (2).

2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.

3. Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints.

4. Allegations that the society has failed to comply with subsection 15 (2).

5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.

6. Such other matters as may be prescribed.

(5) Upon receipt of a complaint under this section, the Board shall conduct a review of the matter.

(6) Subsections 119 (7), (8) and (9) apply with necessary modification to a review of a complaint made under this section.

(7) After reviewing the complaint, the Board may,

(a) order the society to proceed with the complaint made by the complainant in accordance with the complaint review procedure established by regulation;

(b) order the society to provide a response to the complainant within a period specified by the Board;

(c) order the society to comply with the complaint review procedure established by regulation or with any other requirements under this Act;

(d) order the society to provide written reasons for a decision to a complainant;

(e) dismiss the complaint; or

(f) make such other order as may be prescribed.

(8) The Board shall not conduct a review of a complaint under this section if the subject of the complaint,

(a) is an issue that has been decided by the court or is before the court; or

(b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.

Child and Family Services Review Board Specific Rules

Part I: General Rules

1.2 These Rules apply to applications made under the CYFSA, 2017 for:

a. review of a proposed removal of a child in extended society care from a foster home;

b. review or hearing of a complaint against a society;

c. review of a decision to refuse to place a child for adoption or to remove a child after placement for adoption;

d. review of an emergency admission to a secure treatment program;

e. review of a residential placement.

(...)

1.6 The CFSRB controls its own processes and may issue practice directions as it sees fit.

1.7 These Rules may be amended by the CFSRB from time to time.

(...)

8.2 The CFSRB may conduct a combination of written, oral or electronic hearings in a proceeding.

9.1 Due to the nature of the proceedings, hearings and pre-hearings are to be held in private.

(...)

9.3 Subject to an order of the Court or the CFSRB, parties and their representatives shall not use documents or information obtained under these Rules or in the course of the CFSRB's proceeding for any purpose other than the proceeding before the CFSRB.

9.4 All CFSRB decisions are subject to a confidentiality order and may also contain information subject to section 87(8) of the CYFSA, 2017. The CFSRB publishes a redacted version of its decisions. No one shall circulate, reproduce, communicate or publish any information contained in or obtained from an unredacted decision of the CFSRB without first obtaining an order of the CFSRB or the Court.

10.1 The CFSRB may, in appropriate cases, remain seized over the implementation of its orders.

(...)

Part III: Application for Review or Hearing of a Complaint against a Children's Aid Society under Sections 119 and 120 of the CYFSA, 2017

18.1 The parties to the application are:

a. the person who sought or received a service from the society;

b. the society.

19.1 The Application about Complaints against a Children's Aid Society must be filed with the CFSRB using Form 2.

19.2 An application for review of a final decision of an ICRP will not be considered complete unless the ICRP decision is attached.

19.3 The CFSRB will send the application to the society.

19.4 Complaints about an inaccuracy in files and records must be made to the society and dealt with by an ICRP before an application can be made to the CFSRB.

20.1 The application must contain relevant details in support of allegations that the society:

a. refused to proceed with a complaint made under section 119(1);

b. failed to respond to a complaint within the time required by the regulation;

c. failed to comply with the complaint review procedure or with any other procedural requirements under the CYFSA, 2017 relating to the review of complaints;

d. failed to ensure children, young persons and their parents had an opportunity to be heard and represented when decisions affecting their interests are made, and to be heard when they have concerns about the services they are receiving in accordance with section 15(2); and/or,

e. failed to provide reasons for a decision that affects the applicant's interests.

20.2 An application about an alleged inaccuracy in the society's files or records must:

a. clearly identify the alleged inaccuracy;

b. confirm that the ICRP is complete; and,

c. attach the ICRP decision or provide reasons why the ICRP decision is not provided.

20.3 Within 7 days of receiving a complete application, the CFSRB will determine whether it is eligible for review and will advise the parties.

20.4 Where the CFSRB finds the application is not eligible for review, it will provide written reasons.

21.1 The society must deliver its response to the applicant and file it with the CFSRB within 10 days of being advised the application is eligible for review. The response must include:

a. a response to the allegations made in the application;

b. a brief chronology of the society's interactions with the applicant during the times relevant to the issues raised in the application;

c. copies of any documents relevant to the issues raised in the application; and,

any additional facts, issues or allegations on which the society relies.

21.2 Where the society takes the position that the CFSRB cannot conduct a review because the subject of the application is:

a. an issue that has been decided by the Court or is before the Court; or

b. subject to another decision-making process under the CYFSA, 2017 or the Labour Relations Act, 1995,

the society must provide submissions in support of its position and attach all relevant documents and any Court orders to the response.

22.1 Within 20 days of determining eligibility, the CFSRB will:

a. make its decision based on the application and the response; or

b. decide to hold a hearing.

23.1 The CFSRB will hold a pre-hearing in every application proceeding to a hearing and may exercise its discretion to hold more than one pre-hearing.

23.2 The first pre-hearing will be scheduled as soon as possible and, in any event, no later than 40 days after determining eligibility.

23.3 A pre-hearing may be held electronically unless a party satisfies the CFSRB that proceeding electronically would cause significant prejudice.

23.4 A member conducting a pre-hearing may give directions to the parties to assist the just and expeditious disposition of the application.

23.5 In addition to the parties and their representatives, a member may permit the following persons to attend a pre-hearing:

a. a representative of an applicant's band, First Nations, Inuit or Métis community, where appropriate; and

b. a support person of an applicant's choosing.

23.6 At a pre-hearing, the parties may consider settlement of some or all of the issues in dispute.

23.7 If the parties are not prepared to consider settlement or are unable to settle, the pre-hearing will proceed and the member will assist the parties to prepare for the hearing.

23.8 No later than 10 days after the pre-hearing or the final pre-hearing, the CFSRB will issue its Pre-Hearing Report which will:

a. confirm the application is resolved on consent; or

b. provide notice of the date, time and place of the hearing; and

c. record all pre-hearing orders and directions.

23.9 The member who conducted a pre-hearing where settlement was discussed will not conduct the hearing, unless the parties consent in writing.

24.1 The hearing will begin within 60 days of determining eligibility.

24.2 The hearing may proceed in person, by telephone or other form of electronic technology, in writing or by any combination of those forms the CFSRB considers appropriate, unless a party satisfies the CFSRB that there is good reason not to proceed in writing or that proceeding by telephone or other electronic technology will cause significant prejudice.

24.3 In addition to the parties and their representatives, the CFSRB may permit the following persons to attend the hearing:

a. where appropriate, a representative of an applicant's band, First Nations, Inuit or Métis community;

b. a support person of an applicant's choosing.

24.4 In order to provide for the just and expeditious disposition of the application, at the hearing the CFSRB may exercise its discretion to:

a. define and narrow the issues;

b. determine and direct the order in which issues, including preliminary issues, will be considered;

c. determine and direct the order in which the evidence will be presented;

d. limit the evidence or submissions on any issue.

24.5 The society may ask the CFSRB to dismiss the application or to confirm the society's decision following completion of the ICRP process.

24.6 The applicant may ask the CFSRB to order the society to:

a. proceed with the complaint in accordance with the complaint review procedure established by regulation;

b. provide a written response to the applicant within a period specified by the CFSRB;

c. comply with the complaint review procedure established by regulation or with any other requirements under the CYFSA, 2017; or

d. provide written reasons for a decision to the applicant.

24.7 On an application to review a final decision of an ICRP, the applicant may also ask the CFSRB to direct the society to conduct a further review or order the society to attach a notice of disagreement to the applicant's file.

25.1 The CFSRB will provide the parties with its written reasons for decision within 30 days of completing the hearing.