O. Reg. 494/06: COMPLAINTS TO A SOCIETY AND REVIEWS BY THE CHILD AND FAMILY SERVICES REVIEW BOARD
under Child and Family Services Act, R.S.O. 1990, c. C.11
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Complaints to a Society and Reviews by the Child and Family Services Review Board
Historical version for the period April 3, 2018 to April 29, 2018.
Note: This Regulation is revoked on April 30, 2018, the day section 350 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 comes into force. (See: O. Reg. 160/18, s. 1)
Last amendment: 160/18.
Legislative History: 88/07, 251/13, 160/18.
This is the English version of a bilingual regulation.
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 40 days after the Board’s decision on eligibility under section 12. O. Reg. 251/13, s. 1.
(4) Revoked: O. Reg. 251/13, s. 1.
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) A pre-hearing conference may be held by conference telephone or some other form of electronic technology that allows persons to hear one another, unless the complainant or the society satisfies the member presiding at the pre-hearing conference that to do so is likely to cause the complainant or the society, as the case may be, significant prejudice. O. Reg. 251/13, s. 2.
(5) In a pre-hearing conference held by electronic means, all the participants and the member conducting the conference must be able to hear one another throughout the conference. O. Reg. 251/13, s. 2.
Contents of pre-hearing conference
16. At the pre-hearing conference, the member of the Board who is presiding may direct the complainant and the society to consider,
(a) the settlement of any or all of the issues;
(b) the simplification of the issues;
(c) facts or evidence that may be agreed upon;
(d) the dates by which any steps in the proceeding are to be taken or begun;
(e) the estimated duration of the hearing; and
(f) any other matter that may assist in the just and expeditious disposition of the proceeding. O. Reg. 251/13, s. 3.
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.
Additional pre-hearing conferences
17.1 (1) The Board may require one or more additional pre-hearing conferences to be held. O. Reg. 251/13, s. 4.
(2) If the Board requires an additional pre-hearing conference to be held, the Board shall send to the complainant and the society notice of the pre-hearing conference indicating where and when it is to be held. O. Reg. 251/13, s. 4.
(3) Sections 15 and 16 apply to additional pre-hearing conferences, and, if one or more additional pre-hearing conferences are held, section 17 applies with the following modifications:
1. The Board may send a single summary of the results of all of the pre-hearing conferences that were held.
2. If the Board sends a single summary, it shall send the summary to the complainant and the society within 10 days after the conclusion of the final pre-hearing conference. O. Reg. 251/13, s. 4.
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 60 days after the Board’s decision on eligibility under section 12. O. Reg. 494/06, s. 18; O. Reg. 251/13, s. 5.
Attendance at 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).
(3) A hearing may be held by conference telephone or some other form of electronic technology that allows persons to hear one another, unless the complainant or the society satisfies the Board that to do so is likely to cause the complainant or the society, as the case may be, significant prejudice. O. Reg. 251/13, s. 6.
(4) In a hearing held by electronic means, all the participants and the Board must be able to hear one another throughout the hearing. O. Reg. 251/13, s. 6.
Written hearing
19.1 A hearing may be held in writing by the exchange of documents in written or electronic form, unless the complainant or the society satisfies the Board that there is good reason for not doing so. O. Reg. 251/13, s. 7.
Hearing may be held in different formats
19.2 Subject to subsection 19 (3) and section 19.1, a hearing may be held by any combination of electronic means, written means and in person attendance. O. Reg. 251/13, s. 7.
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.
Power to prevent abuse of process
20.1 In order to provide for the just and expeditious resolution of a proceeding arising from an application requesting a review of a complaint under subsection 68 (5) or 68.1 (1) of the Act, the Board may make such orders and give such directions in the proceeding as it considers proper to prevent abuse of its processes. O. Reg. 251/13, s. 8.
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 30 days after the conclusion of the hearing. O. Reg. 494/06, s. 21; O. Reg. 251/13, s. 9.
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.
Power to vary time
23. The Board may lengthen or shorten any time set out in sections 12 to 22 with respect to a proceeding, if doing so is necessary or advisable for the just and expeditious disposition of the proceeding. O. Reg. 251/13, s. 10.
24. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 494/06, s. 24.