CN v. Jewish Family and Child Services, 2022 CFSRB 16

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CN

Applicant

-and-

Jewish Family and Child Services

Respondent

DECISION

Adjudicator: Daniel McSweeney

Date: March 24, 2022

Citation: 2022 CFSRB 16

Indexed As: CN v Jewish Family and Child Services

(CYFSA s.120)

INTRODUCTION

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under sections 119 and 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

3The Applicant is the father of one daughter.

4In his Complaint he alleged that the Respondent breached subsection 312 of the Act in relation to statements regarding him in his Jewish Family and Child Services File. The Applicant indicated that the statements about him in the file amounted to “character defamation” and “marginalization” by the Respondent. The Applicant also indicated that he was not concerned with “correcting” information in his file.

ANALYSIS

5As of January 1, 2020, part X (Personal Information) of the Act gives the Office of the Information and Privacy Commissioner (Privacy Commissioner) jurisdiction over issues related to the collection, use and disclosure of personal information held by service providers. In this case, the Respondent is a service provider.

6Section 306(1) of the Act states that: “A service provider that uses personal information that has been collected for the purpose of providing a service shall take reasonable steps to ensure that the information is as accurate, complete and up-to-date as necessary for the purposes for which it uses the information”.

7Section 315(2) states that: “If a service provider has granted an individual access to a record of personal information and if the individual believes that the record is inaccurate or incomplete, the individual may request in writing that the service provider correct the record.” If the service provider does not respond to the request within the time required or refuses the request, the individual is entitled to make a complaint about the refusal to the Privacy Commissioner.

8Section 316 indicates that: “A person who has reasonable grounds to believe that another person has contravened or is about to contravene a provision of this Part or the regulations made for the purposes of this Part may make a complaint to the Commissioner.”

9In this case, the Applicant has alleged that the Respondent has breached section 312 of the Act. The Privacy Commissioner has the sole jurisdiction to receive and consider complaints pursuant to this section.

10As such, the CFSRB does not have jurisdiction to address the Applicant’s Complaint.

ORDER

11The Application is dismissed for lack of jurisdiction.

CONFIDENTIALITY ORDER

12Pursuant 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.