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| [[Category: Complaints about Family and Children's Services]] | | [[Category:Ontario Tribunals]] |
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| ==Procedure for Complaints and Reviews to Societies==
| | [[Formal Complaint to a Society (ICRP)]] |
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| O. Reg. 156/18: GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER <ref name="Regulation">
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| Complaint in writing
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| 56. A complaint to a society under subsection 119 (1) of the Act must be made in the form entitled “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” and dated 2020/11, available on a website of the Government of Ontario. O. Reg. 156/18, s. 56; O. Reg. 78/19, s. 1; O. Reg. 700/20, s. 1.
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| Eligibility for review
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| 57. Within seven days after receiving a complaint under subsection 119 (1) of the Act, the society shall determine whether the complaint is eligible for review.
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| Notice if not eligible for review
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| 58. If the complaint is not eligible for review, the society shall notify the complainant of its decision and the reasons for it in writing.
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| Notice if eligible for review
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| 59. (1) If the complaint is eligible for review, the society shall notify the complainant in writing and shall establish an Internal Complaints Review Panel.
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| (2) The notice shall provide the complainant with a date and time for meeting with the Internal Complaints Review Panel.
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| Members of Internal Complaints Review Panel
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| 60. (1) The members of the Internal Complaints Review Panel shall be selected by the executive director of the society and shall include a senior manager from the society, other society staff as required and at least one person who is external to the society.
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| (2) A person selected to be a member of the Internal Complaints Review Panel who is external to the society may be a member of the society’s board of directors.
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| (3) No person selected as a member of the Internal Complaints Review Panel shall have had any direct involvement with the complaint being reviewed.
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| Scheduling of meeting
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| 61. (1) The meeting between the complainant and the Internal Complaints Review Panel shall be scheduled at a time that is mutually convenient for the complainant and the members of the panel and shall be held within 14 days after the date the written notice is sent to the complainant or at such later time as may be requested by the complainant.
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| (2) The Internal Complaints Review Panel shall make reasonable efforts to accommodate a request by a complainant to schedule the meeting at a later time.
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| (3) The meeting between the complainant and the Internal Complaints Review Panel shall take place in person.
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| Attendance at meeting
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| 62. (1) Subject to subsection (2), the Internal Complaints Review Panel may determine who may attend the meeting.
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| (2) The complainant, a representative chosen by each of the complainant’s bands and First Nations, Inuit or Métis communities, where appropriate, and one other person of the complainant’s choosing may attend the meeting.
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| Summary of results of meeting
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| 63. Within 14 days after the meeting, the Internal Complaints Review Panel shall send a written summary of the results of the meeting, including any agreed upon next steps, to the complainant and the executive director of the society to which the complaint was made.
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| Resolution of complaint
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| 64. If at any point during a society’s complaint review procedure the complaint is resolved to the satisfaction of the complainant, the society shall confirm the resolution in writing to the complainant.
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| ==Tribunal Powers under the Child, Youth, and Family Services Act, 2017<ref name="CYFSA"/>===
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| <b><u>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.
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| (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).</b></u>
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| (3) A society shall make information relating to the complaint review procedure available to the public and to any person upon request.
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| <b><u>(4) Subject to subsection (5), the decision of a society made upon completion of the complaint review procedure is final.
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| (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:
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| ::1. A matter described in subsection 120 (4).
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| ::2. Any other prescribed matter.</b></u>
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| (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.
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| (7) The Board shall be composed of members with the prescribed qualifications and prescribed experience.
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| (8) The Board may hold a hearing and, if a hearing is held, the Board shall comply with the prescribed practices and procedures.
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| <b><u>(9) The Statutory Powers Procedure Act does not apply to a hearing under this section.</b></u>
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| <b><u>(10) Upon completing its review of a decision by a society in relation to a complaint, the Board may,
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| ::(a) in the case of a matter described in subsection 120 (4), make any order described in subsection 120 (7), as appropriate;
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| ::(b) redirect the matter to the society for further review;
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| ::(c) confirm the society’s decision; or
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| ::(d) make such other order as may be prescribed.</b></u>
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| (11) A society shall not conduct a review of a complaint under this section if the subject of the complaint,
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| ::(a) is an issue that has been decided by the court or is before the court; or
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| ::(b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.
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| 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,
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| ::(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
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| ::(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.
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| (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.
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| (3) A complaint to the Board under this section shall be made in accordance with the regulations.
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| (4) The following matters may be reviewed by the Board under this section:
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| ::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).
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| ::2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.
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| ::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.
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| ::4. Allegations that the society has failed to comply with subsection 15 (2).
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| ::5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.
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| ::6. Such other matters as may be prescribed.
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| (5) Upon receipt of a complaint under this section, the Board shall conduct a review of the matter.
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| (6) Subsections 119 (7), (8) and (9) apply with necessary modification to a review of a complaint made under this section.
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| <b><u>(7) After reviewing the complaint, the Board may,
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| ::(a) order the society to proceed with the complaint made by the complainant in accordance with the complaint review procedure established by regulation;
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| ::(b) order the society to provide a response to the complainant within a period specified by the Board;
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| ::(c) order the society to comply with the complaint review procedure established by regulation or with any other requirements under this Act;
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| ::(d) order the society to provide written reasons for a decision to a complainant;
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| ::(e) dismiss the complaint; or
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| ::(f) make such other order as may be prescribed.</b></u>
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| (8) The Board shall not conduct a review of a complaint under this section if the subject of the complaint,
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| ::(a) is an issue that has been decided by the court or is before the court; or
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| ::(b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.
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| ==Child and Family Services Review Board Specific Rules</ref name="Rules">
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| ==References==
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| <ref name ="Regulation"<O. Reg. 156/18: GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER,<https://www.ontario.ca/laws/regulation/180156#BK77>,retrieved on 2021-10-01</ref>
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| <ref name ="CYFSA"><i>Child, Youth and Family Services Act,</i> S.O. 2017, c. 14, Sched. 1, <https://www.ontario.ca/laws/statute/17c14#BK160>,retrieved on 2021-10-01</ref>
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| <ref name ="Rules">Child and Family Services Review Board Rules of Procedure,<https://tribunalsontario.ca/documents/cfsrb/CFSRB%20Rules%20of%20Procedure.html#p3>,retrieved on 2021-10-01
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