CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
MT Applicant
-and-
Children's Aid Society of the District of Nipissing and Parry Sound Respondent
DECISION
Adjudicator: Tracy Foster Date: October 03, 2025 Citation: 2025 CFSRB 135 Indexed As: MT v Children's Aid Society of the District of Nipissing and Parry Sound (CYFSA s.119/120)
OVERVIEW
1This is an Application filed under section 120 and section 119 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the "Act").
2The Applicant is a teacher and was accused of misconduct by a student. He was investigated by the Respondent. He claims the Respondent has not heard his concerns regarding the investigation and that the Respondent did not follow its complaint process.
3This decision explains why the Application is not eligible for review by the CFSRB.
ISSUE
4The issue is:
a. Is the Application eligible for review by the CFSRB?
RESULT
5The CFSRB finds that the Application is not eligible for review.
ANALYSIS
6In paragraph 6 of the Application, where an applicant identified why they have applied to the CFSRB, the Applicant checked off the following boxes:
- The Society did not give you a chance to be heard when decisions that affected your interests were made
- The Society did not give you a chance to be heard when decisions that affected your interests were made.
- The Society did not follow its complaint review process or timelines.
The CFSRB Cannot Review a Non-Parent's Complaints about Not Being Heard
7The first two boxes checked by the Applicant relates to the right to be heard, section 120(4)4 of the Act.
8Section 120(4)4 defines complaints that the CFSRB may review: "Allegations that the society has failed to comply with subsection 15 (2)." Subsection 15(2) of the Act limits the right to be heard to "children and young persons and their parents."
9Section 120(4)4 is therefore limited to "children and young persons and their parents."
10This contrasts with section 120(4)5 which relates to complaints about not being provided with reasons for decisions that affect a complainant's interests, which applies to those who received services from a society, not solely parents, children and young persons.
11Therefore, the CFSRB does not have the jurisdiction to review the Applicant's complaints about not being heard by the Respondent.
The CFSRB Can Only Review Formal Complaints Made to the Society that Comply with the Regulation
12The last box checked by the Applicant indicates the Society did not follow its complaint review process or timelines, which relates to sections 120(4)1, 2 and 3, and section 119(1) and (2) of the Act.
13Section 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 2020/11, available on a website of the Government of Ontario.
14Subsection 119(2) of the Act requires that a complaint to a children's aid society be made in the format set out in the Regulation. This includes the filing of a specific "Formal Complaint to a Society's Internal Complaints Review Panel (ICRP)" form. Subsections 120(4)1, 120(4)2, and 120(4)3 of the Act permit the CFSRB to review the way a children's aid society has dealt with a section 119 complaint only when the complaint is in the required format.
15The Applicant did not file or provide information in his Application to support that he made a complaint to the Respondent in the form required by the Regulation.
ORDER
16The Application is dismissed.
CONFIDENTIALITY ORDER
17Pursuant 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.
Dated, October 03, 2025.
Tracy Foster
Tracy Foster Member