SJ v. The Children’s Aid Society of the Niagara Region, 2025 CFSRB 29

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SJ

Applicant

-and-

The Children’s Aid Society of the Niagara Region

Respondent

DECISION

Adjudicator: Caroline Sand

Date: March 04, 2025

Citation: 2025 CFSRB 29

Indexed As: SJ v The Children’s Aid Society of the Niagara Region (CYFSA s.120)

Introduction And BaCKGROUND

1This is an Application filed under section 120 of the Child Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched. 1 (the “Act”).

2The Applicant is a member of the public who made a referral to the Respondent regarding her concern about a perceived lack of supervision of a child in the community. The Applicant complains that the Respondent breached her confidentiality by sharing her name with the parents of the child about whom she had reported her concern.

3This decision explains why the Application is not eligible for review by the CFSRB.

ANALYSIS

4Subsection 120(1) of the Act states that, if a person has “a complaint in respect of a service sought or received from a society” and the complaint “relates to a matter described in subsection (4), the person who sought or received the service may decide” to make a complaint to either the society or the CFSRB.

5Subsection 2(1) of the Act defines what constitutes a “service” under the Act. This includes:

(a) a service for a child with a developmental or physical disability or the child’s family,

(b) a mental health service for a child or the child’s family,

(c) a service related to residential care for a child,

(d) a service for a child who is or may be in need of protection or the child’s family,

(e) a service related to adoption for a child, the child’s family or others,

(f) counselling for a child or the child’s family,

(g) a service for a child or the child’s family that is in the nature of support or prevention and that is provided in the community,

(h) a service or program for or on behalf of a young person for the purposes of the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or

(i) a prescribed service; (“service”);

6The Applicant’s complaint does not relate to a service “sought or received” from the Respondent. The Applicant made a referral to the Respondent, which is not a service, as defined above. As such, the CFSRB does not have jurisdiction to review the Application.

7It is the Information and Privacy Commissioner of Ontario that hears complaints about the disclosure of personal information collected by children’s aid societies to others.

ORDER

10The Application is dismissed.

confidentiality order

1Pursuant 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.