CR v. The Children’s Aid Society of Ottawa, 2023 CFSRB 90

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CR Applicant

-and-

The Children’s Aid Society of Ottawa Respondent

DECISION

Adjudicator: Catherine Bickley Date: October 03, 2023 Citation: 2023 CFSRB 90 Indexed As: CR v The Children’s Aid Society of Ottawa (CYFSA s.120)

Introduction

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

2This decision explains why the Application is not eligible for review by the CFSRB.

background

3With the assistance of the CFSRB, the parties reached a settlement of an earlier Application (CA23-0038) filed by the Applicant against the same Respondent. The June 27, 2023 Settlement Agreement included an implementation date of August 25, 2023 and a non-compliance date of September 1, 2023. If either party had concerns that the agreed upon terms had not been implemented, they were required to contact the CFSRB by the non-compliance date. Neither party did so and the CFSRB closed the file.

4The current Application is a complaint that the June 27, 2023 Settlement Agreement was not implemented by the Respondent.

5The Applicant checked off the following boxes on the Application form:

• The Society refused to proceed with your complaint.
• The Society did not follow its complaint review process or timelines.

THE LAW

6Section 119(1) of the Act states:

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.

7Section 56 of Ontario Regulation 156/18 General Matters Under the Authority of the Minister (the “Regulation”) states:

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 2018/03, available on a website of the Government of Ontario. [emphasis added]

ANALYSIS

8This Application is a complaint that the Respondent did not comply with the June 27, 2023 Settlement Agreement.

9Paragraphs 5 and 6 of the June 29, 2023 Pre-Hearing/Mediation Report describe the process to be followed when a party alleges the terms of a settlement agreement have not been implemented. Specifically,

If a party alleges that the terms of the Agreement have not been complied with by the implementation date in the Settlement Agreement, the party must notify the CFSRB in writing by the non-compliance date (September 01, 2023) as to which terms have not been complied with. (paragraph 5)

10The Applicant did not write to the CFSRB with concerns regarding the Respondent’s implementation of the Settlement Agreement before the non-compliance date of September 1, 2023. If he had done so, a non-compliance hearing would have been held. He cannot now initiate a non-compliance hearing by filing a new Application.

11In addition, Section 119(1) of the Act requires complaints to a children’s aid society be in the specific format set out in the Regulation, i.e., on the “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” form. Sections 120(4)1, 120(4)2 and 120(4)3 of the Act permit a CFSRB review of the way in which the children’s aid society has dealt with a section 119 complaint only if the complaint to the children’s aid society is in the required format. In this case, the Applicant has not made a complaint to the Respondent on the required form.

12For the above reasons, the CFSRB lacks jurisdiction to review the Application.

order

13The Application is dismissed.

confidentiality order

14Pursuant to Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure, parties and their representatives must not use, share, discuss or disclose any CFSRB documents or decisions or any other documents or information provided or used in this Application with anyone, including through the media or online. The CFSRB prohibits the use of any of this information for any purpose outside of the CFSRB’s proceedings, except with an order of the Court or the CFSRB, as appropriate.