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:

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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