O. Reg. 251/13: COMPLAINTS TO A SOCIETY AND REVIEWS BY THE CHILD AND FAMILY SERVICES REVIEW BOARD

Link to law: http://www.ontario.ca/laws/regulation/r13251
Published: 2013-09-03

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ONTARIO REGULATION 251/13

made under the

CHILD AND FAMILY SERVICES ACT

Made: May 15, 2013
Filed: September 3, 2013
Published on e-Laws: September 3, 2013
Printed in The Ontario Gazette: September 21, 2013


Amending O. Reg. 494/06

(COMPLAINTS TO A SOCIETY AND REVIEWS BY THE CHILD AND FAMILY SERVICES REVIEW BOARD)

1. Subsections 14 (3) and (4) of Ontario Regulation 494/06 are revoked and the following substituted:

(3) The pre-hearing conference shall be held within 40 days after the Board’s decision on eligibility under section 12.

2. Subsections 15 (4) and (5) of the Regulation are revoked and the following substituted:

(4) A pre-hearing conference may be held by conference telephone or some other form of electronic technology that allows persons to hear one another, unless the complainant or the society satisfies the member presiding at the pre-hearing conference that to do so is likely to cause the complainant or the society, as the case may be, significant prejudice.

(5) In a pre-hearing conference held by electronic means, all the participants and the member conducting the conference must be able to hear one another throughout the conference.

3. Section 16 of the Regulation is revoked and the following substituted:

Contents of pre-hearing conference

16. At the pre-hearing conference, the member of the Board who is presiding may direct the complainant and the society to consider,

(a) the settlement of any or all of the issues;

(b) the simplification of the issues;

(c) facts or evidence that may be agreed upon;

(d) the dates by which any steps in the proceeding are to be taken or begun;

(e) the estimated duration of the hearing; and

(f) any other matter that may assist in the just and expeditious disposition of the proceeding.

4. The Regulation is amended by adding the following section:

Additional pre-hearing conferences

17.1 (1) The Board may require one or more additional pre-hearing conferences to be held.

(2) If the Board requires an additional pre-hearing conference to be held, the Board shall send to the complainant and the society notice of the pre-hearing conference indicating where and when it is to be held.

(3) Sections 15 and 16 apply to additional pre-hearing conferences, and, if one or more additional pre-hearing conferences are held, section 17 applies with the following modifications:

1. The Board may send a single summary of the results of all of the pre-hearing conferences that were held.

2. If the Board sends a single summary, it shall send the summary to the complainant and the society within 10 days after the conclusion of the final pre-hearing conference.

5. Section 18 of the Regulation is amended by striking out “20 days after the conclusion of the pre-hearing conference” at the end and substituting “60 days after the Board’s decision on eligibility under section 12”.

6. Section 19 of the Regulation is amended by adding the following subsections:

(3) A hearing may be held by conference telephone or some other form of electronic technology that allows persons to hear one another, unless the complainant or the society satisfies the Board that to do so is likely to cause the complainant or the society, as the case may be, significant prejudice.

(4) In a hearing held by electronic means, all the participants and the Board must be able to hear one another throughout the hearing.

7. The Regulation is amended by adding the following sections:

Written hearing

19.1 A hearing may be held in writing by the exchange of documents in written or electronic form, unless the complainant or the society satisfies the Board that there is good reason for not doing so.

Hearing may be held in different formats

19.2 Subject to subsection 19 (3) and section 19.1, a hearing may be held by any combination of electronic means, written means and in person attendance.

8. The Regulation is amended by adding the following section:

Power to prevent abuse of process

20.1 In order to provide for the just and expeditious resolution of a proceeding arising from an application requesting a review of a complaint under subsection 68 (5) or 68.1 (1) of the Act, the Board may make such orders and give such directions in the proceeding as it considers proper to prevent abuse of its processes.

9. Section 21 of the Regulation is amended by striking out “10 days” and substituting “30 days”.

10. Section 23 of the Regulation is revoked and the following substituted:

Power to vary time

23. The Board may lengthen or shorten any time set out in sections 12 to 22 with respect to a proceeding, if doing so is necessary or advisable for the just and expeditious disposition of the proceeding.

Commencement

11. This Regulation comes into force on the day it is filed.

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