BS v. Simcoe Muskoka Child, Youth and Family Services, 2025 CFSRB 114

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

BS Applicant

-and-

Simcoe Muskoka Child, Youth and Family Services Respondent

DECISION

Adjudicator: Tamara Jordan Date: August 19, 2025 Citation: 2025 CFSRB 114 Indexed As: BS v Simcoe Muskoka Child, Youth and Family Services (CYFSA s.120)

OVERVIEW

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, S.O. 2017, c.14, Sched.1 (the “Act”).

2In his Application, the Applicant alleges that the Respondent collected personal health information about him without his consent or a court order. The Applicant seeks that the CFSRB “investigate”: (a) whether the Respondent “followed proper procedures” in allegedly obtaining personal health information about him from a health professional; (b) whether the Applicant’s “privacy and rights” were violated due to the Respondent’s alleged collection of personal information; and (c) the “remedies or accountability measures” available to him.

3On July 29, 2025, the CFSRB determined the Application was eligible to proceed under subsections 120(4)4 and 120(4)5 of the Act.

4The Respondent filed its Response on August 7, 2025.

ISSUE

5The issue is:

a. Is the CFSRB barred from hearing the Applicant’s complaints in his Application?

RESULT

6The CFSRB is barred from hearing the Applicant’s complaints. They are matters within the exclusive jurisdiction of the Information and Privacy Commissioner of Ontario (“IPC”) under Part X of the Act.

ANALYSIS

7Rule 22.1 of the CFSRB’s Rules of Procedure provides that within 20 days of determining eligibility, the CFSRB will either make its decision based on an application and response or decide to hold a hearing. In this matter, a decision can be made based on the Application and Response.

8As part of the Respondent’s Response to the Application filed with the CFSRB on August 7, 2025, the Respondent attached a July 30, 2025 letter to the Applicant from its Access to Records and Disclosure Manager (“Respondent’s July Letter”). In the Respondent’s July Letter, the Respondent provided detailed information to the Applicant about its collection, use and disclosure of personal information under the Act. The Respondent also provided information to the Applicant about how to make a complaint to the IPC office related to those issues.

9Since January 1, 2020, complaints related to the collection, use and disclosure of personal information by service providers (e.g., children’s aid societies), are within the exclusive jurisdiction of the IPC under Part X of the Act. The rights of service recipients and possible remedies afforded to them are also set out in Part X.

10The Applicant’s complaints relate solely to the Respondent’s alleged collection of the Applicant’s personal information from a health professional without his consent.

11The Applicant is directed to the detailed information provided in the Respondent’s July Letter that responds to the Applicant’s concerns and includes the steps that the Applicant may take should he seek to challenge the Respondent’s compliance with its obligations under Part X of the Act.

ORDER

12The Application is dismissed.

CONFIDENTIALITY ORDER

13Pursuant 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.