O. Reg. 219/24: COMPLAINTS

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ontario regulation 219/24

made under the

Health and Supportive Care Providers Oversight Authority Act, 2021

Made: May 30, 2024
Filed: June 4, 2024
Published on e-Laws: June 4, 2024
Published in The Ontario Gazette: June 22, 2024

Complaints

CONTENTS

 

Notice to complainant

1. (1) The Chief Executive Officer shall, within 14 days of receiving a complaint about a registrant, provide the complainant notice that their complaint has been received with an explanation of the Authority’s complaint processes and the jurisdiction and role of the Chief Executive Officer, together with a copy of the provisions of sections 38 to 45 of the Act.

(2) Where the subject of a complaint is confirmed to not be a registrant for any class under the Authority, the Chief Executive Officer shall, within 14 days of receipt of the complaint, provide notice to the complainant that includes,

(a) a general explanation of the Authority’s limitations in providing oversight to individuals that are registered within a class or classes of registrants; and

(b) a general explanation of the ability of an individual to provide personal support services associated with a class of registrant without a requirement to register with the Authority.

Notice to registrant

2. (1) The Chief Executive Officer shall give the registrant who is the subject of a complaint, within 14 days of receipt of the complaint,

(a) notice of and a copy of the complaint, together with a copy of the provisions of sections 38 to 45 of the Act;

(b) a copy of the provisions of section 3 of this Regulation; and

(c) a copy of all available prior decisions involving the registrant.

(2) For greater certainty, the Chief Executive Officer may undertake an urgent interim action pursuant to subsection 45 (1) of the Act in response to a complaint before providing the notice required under subsection (1) of this section.

(3) In providing notice of the complaint and a copy of the complaint to the registrant under clause (1) (a), the Chief Executive Officer may refuse to disclose anything that may, on reasonable and probable grounds, expose or be likely to expose the complainant or another person to harm or injury.

Submissions from registrant

3. (1) A registrant who is the subject of a complaint may make written submissions to the Chief Executive Officer within 30 days of receiving notice under section 2.

(2) The Chief Executive Officer shall not make a decision regarding a complaint about a registrant before receiving the registrant’s written submissions, or, if the registrant does not provide written submissions within the 30-day period described in subsection (1), until the 30 days have passed.

(3) Despite anything else in this section, the Chief Executive Officer may undertake an urgent interim action pursuant to subsection 45 (1) of the Act in response to a complaint before the expiry of the 30-day period.

CEO to consider past conduct

4. The Chief Executive Officer shall, when investigating a complaint pursuant to subsection 38 (1) of the Act, consider all of the available prior decisions of the Chief Executive Office involving the registrant and all of the available prior decisions of the Discipline Committee and Appeal Committee involving the registrant.

Withdrawal of complaints

5. (1) At any time following the receipt of a complaint about a registrant and prior to any action being taken by the Chief Executive Officer under section 44 of the Act, the Chief Executive Officer may, at the request of the complainant to withdraw the complaint, decide to take no action with respect to the complaint if the Chief Executive Officer believes that taking no action is in the public interest.

(2) The Chief Executive Officer shall give the complainant and the registrant notice that they intend to take no action with respect to the complaint within 14 days of making the decision under subsection (1).

Prescribed actions of CEO

6. Pursuant to paragraph 6 of section 44 of the Act, the Chief Executive Officer may take the following further prescribed actions:

1. If the Chief Executive Officer is of the opinion that a complaint is frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, they shall give the complainant and the registrant notice that they intend to take no action with respect to the complaint and that the complainant and the registrant have a right to make written submissions within 30 days after receiving the notice.

2. If the Chief Executive Officer is satisfied, after considering the written submissions, if any, of the complainant and the registrant, that a complaint was frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the Chief Executive Officer shall decide not to take action with respect to the complaint.

Commencement

7. This Regulation comes into force on the later of the day subsection 38 (1) of Schedule 2 (Health and Supportive Care Providers Oversight Authority Act, 2021) to the Advancing Oversight and Planning in Ontario’s Health System Act, 2021 comes into force and the day this Regulation is filed.

 

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