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Child and Family Services Act
Loi sur les services à l’enfance et à la famille

ONTARIO REGULATION 494/06

No Amendments

COMPLAINTS TO A SOCIETY AND REVIEWS BY THE CHILD AND FAMILY SERVICES REVIEW BOARD

Historical version for the period October 20, 2006 to November 29, 2006.

Note: This Regulation comes into force on the day section 26 of the Child and Family Services Statute Law Amendment Act, 2006 is proclaimed in force. See: O. Reg. 494/06, s. 24. This day has been named as November 30, 2006.

This Regulation is made in English only.

Complaints to a Society

Definition

1. In this Regulation,

“ICRP” means an Internal Complaints Review Panel established under subsection 5 (1). O. Reg. 494/06, s. 1.

Complaint in writing

2. A complaint to a society under subsection 68 (1) of the Act must be made in writing. O. Reg. 494/06, s. 2.

Eligibility for review

3. Within seven days after receiving a complaint, the society shall determine whether the complaint is eligible for review under section 68 of the Act. O. Reg. 494/06, s. 3.

Notice if not eligible for review

4. If the complaint is not eligible for review, the society shall notify the complainant of its decision and the reasons for it in writing. O. Reg. 494/06, s. 4.

Notice if eligible for review

5. (1) If the complaint is eligible for review, the society shall notify the complainant in writing and shall establish an Internal Complaints Review Panel. O. Reg. 494/06, s. 5 (1).

(2) The notice shall provide the complainant with a date and time for meeting with the ICRP. O. Reg. 494/06, s. 5 (2).

Members of ICRP

6. (1) The members of the ICRP 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. O. Reg. 494/06, s. 6 (1).

(2) A person selected to be a member of the ICRP who is external to the society may be a member of the society’s board of directors. O. Reg. 494/06, s. 6 (2).

(3) No person selected as a member of the ICRP shall have had any direct involvement with the complaint being reviewed. O. Reg. 494/06, s. 6 (3).

Scheduling of meeting

7. (1) The meeting between the complainant and the ICRP shall be scheduled at a time that is mutually convenient for the complainant and the members of the ICRP 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. O. Reg. 494/06, s. 7 (1).

(2) The ICRP shall make reasonable efforts to accommodate a request by a complainant to schedule the meeting at a later time. O. Reg. 494/06, s. 7 (2).

(3) The meeting between the complainant and the ICRP shall take place in person. O. Reg. 494/06, s. 7 (3).

Attendance at meeting

8. (1) Subject to subsection (2), the ICRP may determine who may attend the meeting. O. Reg. 494/06, s. 8 (1).

(2) The complainant, a representative of the complainant’s band or native community, where appropriate, and one other person of the complainant’s choosing may attend the ICRP meeting. O. Reg. 494/06, s. 8 (2).

Summary of results of meeting

9. Within 14 days after the meeting, the ICRP 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. O. Reg. 494/06, s. 9.

Resolution of complaint

10. 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. O. Reg. 494/06, s. 10.

Reviews by the Child and Family Services Review Board

Application for review

11. (1) An application requesting a review of a complaint under subsection 68 (5) or 68.1 (1) of the Act shall be submitted in writing to the Board in a form approved by the Minister. O. Reg. 494/06, s. 11 (1).

(2) The Board shall forward a copy of the application requesting the review to the society that is the subject of the complaint. O. Reg. 494/06, s. 11 (2).

Eligibility of complaint for review

12. (1) The Board shall determine whether a request for a review of a complaint is eligible for review under section 68 or 68.1 of the Act within seven days after receiving the request and the Board shall notify the complainant and the society of its decision in writing. O. Reg. 494/06, s. 12 (1).

(2) If the complaint is not eligible for review, the notice shall include reasons in writing as to why it is not eligible. O. Reg. 494/06, s. 12 (2).

Notice

13. If a request is eligible for review, the Board shall send to the complainant and the society, within 20 days after its decision on eligibility,

(a) the order or other disposition of the Board under subsection 68 (10) or 68.1 (7) of the Act; or

(b) a notice that a hearing may be held under subsection 68 (8) of the Act. O. Reg. 494/06, s. 13.

Pre-hearing conference

14. (1) If the Board decides that a hearing may be held to review a complaint, the Board shall first hold a pre-hearing conference. O. Reg. 494/06, s. 14 (1).

(2) The notice of a hearing under clause 13 (b) shall include the date and location of the pre-hearing conference. O. Reg. 494/06, s. 14 (2).

(3) The pre-hearing conference shall be held within 14 days after the date of the notice under clause 13 (b) or such later time as is requested by the complainant. O. Reg. 494/06, s. 14 (3).

(4) The Board shall make reasonable efforts to accommodate a request by a complainant to schedule the pre-hearing conference at a later time. O. Reg. 494/06, s. 14 (4).

Attendance at pre-hearing conference

15. (1) The chair of the Board shall designate a member of the Board to conduct the pre-hearing conference. O. Reg. 494/06, s. 15 (1).

(2) Subject to subsection (3), the member presiding at the pre-hearing conference may determine who may attend the conference. O. Reg. 494/06, s. 15 (2).

(3) The complainant, a representative of the complainant’s band or native community, where appropriate, and one other person of the complainant’s choosing and the society may attend the pre-hearing conference. O. Reg. 494/06, s. 15 (3).

(4) With the consent of the complainant and society, a pre-hearing conference may be held by conference telephone or some other form of electronic technology that allows persons to communicate with one another. O. Reg. 494/06, s. 15 (4).

(5) In a pre-hearing conference held in the manner described in subsection (4), all the participants and the member conducting the conference must be able to communicate with one another throughout the conference. O. Reg. 494/06, s. 15 (5).

Contents of pre-hearing conference

16. At the pre-hearing conference, the member of the Board who is presiding shall attempt,

(a) to have the complainant and the society settle any or all of the issues;

(b) to simplify the issues;

(c) to have the complainant and the society agree on facts or agree on evidence that will be used at the hearing;

(d) to deal with or resolve any other matter that will assist in the just and expeditious disposition of the proceeding. O. Reg. 494/06, s. 16.

Summary of pre-hearing results

17. The Board shall send a summary of the results of the pre-hearing conference in writing to the complainant and society within 10 days after the conclusion of the pre-hearing conference. O. Reg. 494/06, s. 17.

Notice of hearing

18. Where the Board has determined that a hearing shall proceed, the Board shall include with the summary of the results of the pre-hearing conference a notice of the date and location of the hearing, which shall be held within 20 days after the conclusion of the pre-hearing conference. O. Reg. 494/06, s. 18.

Who may attend hearing

19. (1) Subject to subsection (2), the Board may determine who, in addition to the complainant and society, may attend the hearing. O. Reg. 494/06, s. 19 (1).

(2) The complainant, a representative of the complainant’s band or native community, where appropriate, and one other person of the complainant’s choosing may attend the hearing. O. Reg. 494/06, s. 19 (2).

Member excluded

20. The Board member who presided at the pre-hearing conference held with respect to the complaint shall not preside at the hearing reviewing the complaint unless the complainant and the society consent. O. Reg. 494/06, s. 20.

Board decision

21. When a hearing is held to review a complaint, the Board shall provide to the complainant and the society its decision with respect to the complaint with reasons in writing within 10 days after the conclusion of the hearing. O. Reg. 494/06, s. 21.

Notice of disagreement

22. If the Board is reviewing a complaint concerning an alleged inaccuracy in a society’s files or records under paragraph 1 of subsection 68 (5) of the Act and the Board orders that a notice of disagreement be added to the complainant’s file under clause 68 (10) (a) of the Act, the notice of disagreement shall be in a form approved by the Minister. O. Reg. 494/06, s. 22.

Qualification of members

23. For the purposes of conducting a review under section 68 or 68.1 of the Act, the members of the Board shall meet the following qualifications and experience set out in paragraph 1 or shall have the following experience set out in paragraph 2:

1. A degree, diploma or certificate granted by a university or other post-secondary institution authorized to grant such credentials in Ontario or equivalent qualifications, as determined by the chair of the Board, and at least one year’s experience working in or volunteering in children’s services or social services.

2. At least five years’ experience working in or volunteering in children’s services or social services. O. Reg. 494/06, s. 23.

24. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 494/06, s. 24.