Public Complaints Policy

Introduction

The Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 ("ATAGAA") ensures that adjudicative tribunals are accountable, transparent and efficient in their operations, while remaining independent in their decision-making. Section 5 of the ATAGAA details the requirement for every adjudicative tribunal to develop a service standard policy which must contain, among other items, a process for making, reviewing and responding to complaints about the service provided.

The Health Professions Appeal and Review Board, the Health Services Appeal and Review Board (“the Boards”) and the Health Boards Secretariat (“the Secretariat”) are committed to providing the highest quality service to the public. This policy provides a complaint process for the public.

Scope of the Policy

From time to time, the Boards and/or the Secretariat may receive complaints about the quality of service related to its practices or the conduct of its Members or Secretariat staff. The purpose of the Public Complaints Policy (“the Policy”) is to inform the public about the process by which such complaints will be received, reviewed, and resolved.

It is important to note that:

• Dissatisfaction with the outcome of a Board decision does not constitute a complaint under the Policy. The procedure outlined in the Policy cannot be used as a form of reconsideration or appeal of a Board decision.
• The Policy does not affect the public’s right to raise concerns with the office of the Ontario Ombudsman.
• The Policy does not affect the right to request a review of a decision, a right of appeal from decisions of the Board under any Act, or the right to bring an application for judicial review.
• The Boards will respond to complaints and make every effort to resolve them. If this is not possible, every effort will be made to ensure that the complainants understand the Boards’ response.

Definition of Terms

A person making a complaint is referred to as the “Complainant” throughout this Policy.

A Board Member, Vice-Chair, Chair, or staff who is the subject of a complaint is referred to as the “Respondent”.

Making a Complaint

Complaints must be submitted in writing. Complainants must be willing to disclose their name, address, telephone number and connection to the matter on which their complaint is based. The written complaint should clearly describe the complainant’s concern and provide details of the alleged conduct at issue. Wherever possible, the complaint should identify the respondent by name. All information will be kept confidential and among parties involved, as appropriate.

Except in rare circumstances, where accommodation of a complainant necessitates receipt of a verbal complaint, only written complaints (including through email) will be processed using this Policy. In cases where a verbal complaint is received under this Policy, the Chair (or their designate) shall record the particulars of the complaint in writing.

In all cases, receipt of the complaint will be acknowledged.

How complaints will be processed

Public complaints to the Health Boards and Secretariat will be addressed in one of the following ways:

1. Summary Dismissal:
   
   • A complaint will be dismissed if:
     
     1. It raises a matter that is not properly the subject of or dealt with using the complaints process and procedure (for example, if it is about a Board decision or order);
     2. The Complainant has failed to respond to requests for additional information and the Board does not have sufficient information to proceed further;
     3. It is frivolous, vexatious, made in bad faith or an abuse of process; or
     4. The investigator concludes that no investigation or action is warranted.
   • Written reasons for the dismissal will be sent to the Complainant and the Respondent.
2. Informal Resolution:
   
   • The Boards and Secretariat, where possible, will encourage and facilitate the informal resolution of complaints. Invoking a formal complaints process and subsequent investigation can be stressful and difficult for both the Complainant and the Respondent. Both parties may benefit where they are able to resolve the issue, problem or concern without the need for a formal complaint and investigation.
3. Investigation, Findings and Recommendation:
   
   • An investigation, if deemed necessary may include the following:
     • Conducting an interview of the complainant and/or respondent;
     • Interviewing other people who may have witnessed an incident or who may be in possession of relevant information; and
     • Gathering reviewing relevant information
     • Consulting with other staff, the Board Chair or legal counsel.
   • Results of an investigation:
     • After an investigation is completed, recommendations will be at the discretion of the Senior Manager/Registrar or Boards’ Chair, where appropriate, to determine whether any subsequent action is warranted.
     • The Complainant and Respondent will be provided with the written conclusions and recommendations of the Senior Manager/Registrar or Boards’ Chair.
     • The results of the investigation may be noted in the Respondent’s performance review, at the discretion of the Senior Manager/Registrar or Boards’ Chair.

When a complaint is made regarding a Staff Member

A complaint about a staff member may be raised with their reporting manager, either the Manager/Deputy Registrar or the Senior Manager/Registrar, depending on the role of the staff member who is the subject of the complaint. Where there is a decision to investigate a complaint, the reporting manager, at their discretion, will provide the staff member with a copy of the complaint and an opportunity to respond. The complainant will be provided with a copy of the staff member’s response to the complaint and the opportunity to reply.

When a complaint is made regarding the Manager/Deputy Registrar

A complaint about the Manager/Deputy registrar may be raised with the Senior Manager/Registrar. Where a decision is made to investigate a complaint, the Senior Manager/Registrar, at their discretion, will provide the Manager/Deputy Registrar with a copy of the complaint and an opportunity to respond and the complainant will be provided with a copy of the Manager/Deputy Registrar’s response to the complaint and the opportunity to reply.

When a complaint is made regarding a Board Member or Vice-Chair

A complaint about a Board Member or Vice-Chair may be raised with the Chair.

Disclosure: Maintaining Integrity and Impartiality of the Hearing or Review Process

• Where the complaint relates to a Member’s or Vice-Chair’s involvement in a hearing or review, the need to maintain the integrity and impartiality of the hearing or review process, the Member/Vice-Chair will not be informed that such a complaint has been received until the decision has been issued and the Member/Vice-Chair no longer has any involvement with the case. An exception can occur in rare circumstances and where it is the view of the Chair that a party may be severely prejudiced if the matter is not addressed promptly.
• Where a complaint relates to a member’s or Vice-Chair’s involvement in an activity outside the hearing or review processes, the Chair will deal promptly with the complaint.

Where a decision is made to investigate a complaint, the Chair, at their discretion will provide the Board Member or Vice-Chair with a copy of the complaint and an opportunity to respond and the complainant will be provided with a copy of the Member’s response to the complaint and the opportunity to reply. The Chair will provide the complainant and Board Member or Vice-Chair with written conclusions and recommendations. The decision of the Chair is final.

When a complaint is made regarding the Senior Manager/Registrar

If the complaint relates to the conduct of the Senior Manager/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 addressed by the Chair and it is decided to investigate a complaint, the Chair, at their discretion will provide the Senior Manager/Registrar with a copy of the complaint and an opportunity to respond and the complainant will be provided with a copy of the Senior Manager/Registrar’s response to the complaint and the opportunity to reply. The decision of the Chair is final.

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.

When a complaint is made regarding the Chair

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.

Health Boards and Secretariat's Commitments to the Public

Timeliness

The Chair or Senior Manager Registrar shall endeavor to complete every investigation as expeditiously as possible.

If it is not possible to complete an investigation within the estimated timeframe communicated to the complainant and respondent, the Chair will notify the complainant and respondent of the delay and will provide them with a revised estimate for the completion of the investigation.

Confidentiality

The Boards and Secretariat will ensure that any information provided to the Boards and Secretariat, concerning making a complaint, will be kept confidential and among parties involved.

General Complaints about the Boards' or Secretariat's Policies and Procedures

From time to time, the Boards’ and the Secretariat receive complaints of a general nature. For example, these complaints may relate to the Boards’ and Secretariat’s policies and procedures, and are not about a staff member, Board member, Vice-Chair or Chair.

Complaints about the Secretariat and Boards’ policies and procedures are directed to the Senior Manager/Registrar and/or the Chair. Complaints of this nature are not covered by this Policy but will be reviewed by the Senior Manager/Registrar and/or the Chair, as appropriate in accordance with the commitment to provide high quality service.

Alternative Formats/Contact Information

This Policy is available in various accessible formats. For alternative format or a paper copy, please contact the Health Boards Secretariat.

Contact Information