Category:CFSRB

Tribunal Powers under the Child, Youth, and Family Services Act, 2017^[1]=

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.

References

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