Consent and Capacity Board Complaint Procedure

Introduction

This document sets out the procedure for making a complaint to the Consent and Capacity Board (the “CCB”) about the conduct of a CCB staff or board member, Vice Chair or Chair of the Board and explains how the complaint will be dealt with.

What is a Complaint?

A complaint may be about the quality of service related to the Board’s practices, policies, procedures or may be an allegation of misconduct on the part of a CCB staff or board member.

Dissatisfaction with a decision arising from a hearing is not a complaint. The complaint procedure is not the forum for a request for reconsideration, appeal or judicial review of a CCB Decision.

General complaints about the Board’s policies and procedures are not covered by this procedure. Complaints of this nature should be directed to the Board’s Registrar and/or Chair and will be reviewed accordingly.

This procedure does not affect the public’s right to raise concerns with the Office of the Ontario Ombudsman.

Making a Complaint

Complaints must be submitted in writing. Except in rare circumstances, where accommodation of a complainant necessitates receipt of an oral complaint, only written complaints (including through email) will be processed using this procedure. In cases where an oral complaint is received under this procedure, the Board representative shall record the particulars of the complaint in writing.

Complaints may be sent to the Board by email (ccb@ontario.ca), fax (1-866-777-6273) or in hardcopy by mail or courier to the Board’s mailing address.

Complainants must disclose their name, address, telephone number and connection to the matter on which their complaint is based. The complaint must include the date, time and location of the incident (if appropriate) and as much detail as possible about why they believe that there was poor service delivery or misconduct by the CCB staff or board member. Wherever possible, the complaint should identify the staff or board member by name.

A complaint must be received by the Board within 60 days of the alleged incident or within 60 days of the reasonable discovery of the alleged incident.

How Will the Complaint be Processed?

All complaints will be processed in one of three ways:

1. Summary Dismissal:
   If the complaint raises a matter that is not properly the subject of a complaint to be dealt with under this procedure, or if the reviewer concludes that no investigation or action is warranted, the complaint will be dismissed with written reasons which will be sent to the complainant and to the staff or board member complained against.


2. Informal Resolution:
   If the reviewer determines that the complaint may be resolved informally, this will be attempted. If the complaint cannot be resolved informally, it will be formally investigated.


3. Investigation and Recommendation:
   Where a complaint is neither summarily dismissed nor informally resolved an investigation may be deemed necessary. An investigation may include:


• Conducting an interview of the complainant
• Conducting an interview of the staff or board member about which the complaint was made
• Interviewing other people who may have witnessed an incident or who may have relevant information;
• Gathering and reviewing relevant information, including documents, transcripts or recordings;
• Consulting with other staff, members, Board Chair or legal counsel; and/or
• Other steps and actions as deemed necessary

After an investigation is completed, written recommendations will be made to the Registrar (in the case of a complaint about a staff member) or the Chair of the Board (in the case of a complaint about a board member). The complainant and staff or board member will be provided with the written conclusions and recommendations of the investigation. Dealing with those recommendations will be at the discretion of the Registrar or Chair of the Board, who will determine whether any subsequent action is warranted

Who Will Deal With the Complaint?

If the complaint is about a CCB staff member the complaint should be directed to the Registrar. Where it is necessary to investigate the complaint, the Registrar, at their discretion, will provide the staff member with a copy of the complaint and an opportunity to respond. The Registrar will provide the complainant and staff member written conclusions and recommendations, where appropriate.

If the complaint is about a CCB board member the complaint should be directed to the Chair of the Board. The Chair will, in their discretion, appoint a person or persons to investigate the complaint and make recommendations concerning it. In most cases, this will be delegated to a CCB member or members, but the Chair may appoint an independent member of the public to deal with a complaint where they believe it appropriate to do so. The board member will be provided with a copy of the complaint and will be given 30 days to provide a written response. The board member will not be assigned to sit on a panel adjudicating a matter to which the complainant is a party or participant at least until following the resolution of the complaint, and longer should the results of the investigation warrant it. The person(s) appointed by the Chair will provide a written recommendation to the Chair, who will decide on any action to be taken. The Chair will provide the complainant and board member with written conclusions and recommendations. The decision of the Chair is final.

Where a complaint relates to a hearing where no decision has yet been rendered, to protect the integrity of the decision-making process, a CCB member will not be informed of a complaint regarding their conduct until after the decision has been issued and the member’s involvement with the case has ended. An exception may be made if the Chair believes that a party may be severely prejudiced if early intervention does not take place.

Where a hearing has not yet concluded and the concern about a member’s conduct relates to an issue of bias or conflict of interest, the complainant will be advised to raise the issue in the hearing and ask the panel to rule on the question.

If the complaint is about the Registrar, the complaint should be directed to the Chair of the Board. The Chair will determine, based on the nature of the complaint, whether the complaint should be addressed by the Chair or should be forwarded to the Director of the Corporate Management Branch, Ministry of Health. Where the complaint is forwarded to the Director of the Corporate Management Branch the complaints procedure will still apply however the review may be conducted by the Director.

If the complaint is about the Chair of the Board the complaint should be directed to the Minister of Health. The complaints procedure will still apply however the review may be conducted by the Minister or their delegate.

How long will it take to resolve the Complaint?

In every case, complaints will be dealt with as expeditiously as possible.

Withdrawal of Complaint

A complaint may only be withdrawn with the consent of the Registrar or Chair of the Board. Generally, it is expected that consent will be given unless a complaint raises a matter of public interest or an issue regarding the proper administration of the CCB which requires the continued consideration of the complaint.