2 16 Independent00 Impartial6 Confidential1 2Free 2200177 22010616 ANNUAL0 REPORT 7 @Ont_Ombudsman 21 Ontario Ombudsman 1 OntarioOmbudsman 207 Office of the Ombudsman of Ontario
An independent office of the Legislature that resolves and investigates public complaints about Ontario government We are organizations and municipalities, universities and school boards. The Ombudsman recommends solutions to individual and systemic administrative problems.
Fair treatment Our Accountable administration Values Independence, impartiality Results: Achieving real change
Our We strive to be an agent of positive change by promoting fairness, accountability and transparency in the public Independent Mission sector. Impartial Confidential Free
Our A public sector that serves citizens in a way that is fair, Vision accountable and transparent.
Office of the Ombudsman of Ontario Bell Trinity Square 10th Floor, South Tower Toronto, Ontario M5G 2C9
Telephone: 416-586-3300 Complaints line: 1-800-263-1830 Fax: 416-586-3485 TTY: 1-866-411-4211 Website: www.ombudsman.on.ca
@Ont_Ombudsman
Ontario Ombudsman
OntarioOmbudsman
ISSN 1708-0851 June 27, 2017
The Honourable Dave Levac Speaker Legislative Assembly Province of Ontario Queen’s Park
Dear Mr. Speaker, I am pleased to submit my Annual Report for the period of April 1, 2016 to March 31, 2017, pursuant to section 11 of the Ombudsman Act, so that you may table it before the Legislative Assembly. 2 Sincerely,1 Paul Dubé, 10Ombudsman 6 0Office of the Ombudsman of Ontario Bell Trinity Square 10th Floor, South Tower Toronto,6 Ontario M5G 2C9 1 Telephone: 416-586-3300 Complaints line: 1-800-263-1830 2 Website: 2www.ombudsman.on.ca 20017 2016-2017 Annual Report Office of the Ombudsman of Ontario 71 This Office has long had a reputation as one of the most exemplary and impactful ombudsman “offices in the world, thanks to the excellent work of our team. It is a privilege to lead that team, and to present this year’s snapshot of that work. – Ombudsman Paul” Dubé
2 2016-2017 Annual Report Office of the Ombudsman of Ontario TABLE OF CONTENTS
OMBUDSMAN’S MESSAGE...... 5
ABOUT OUR OFFICE...... 10
WHAT IS AN OMBUDSMAN?...... 11 VALUES, MISSION AND VISION...... 11 WHO WE ARE...... 12 WHAT WE DO...... 13
ABOUT THIS REPORT...... 15
REPORT HIGHLIGHTS ...... 16
YEAR IN REVIEW – CASES BY TOPIC...... 18
LAW & ORDER...... 18 SOCIAL SERVICES...... 25 MUNICIPALITIES – GENERAL...... 31 MUNICIPALITIES – CLOSED MEETINGS...... 36 EDUCATION – PROVINCIAL MINISTRIES AND PROGRAMS...... 40 EDUCATION – SCHOOL BOARDS...... 43 EDUCATION – UNIVERSITIES...... 47 EMPLOYMENT...... 50 HEALTH...... 52 TRANSPORTATION...... 54 MONEY & PROPERTY...... 57 CERTIFICATES & PERMITS...... 59 ENERGY & ENVIRONMENT...... 61
APPENDIX – CASE STATISTICS...... 63
TOTAL CASES RECEIVED, FISCAL YEARS 2012-2013 - 2016-2017...... 64 HOW CASES WERE RECEIVED, 2016-2017...... 64 CASES BY PROVINCIAL RIDING, 2016-2017...... 66 TOP 15 PROVINCIAL GOVERNMENT ORGANIZATIONS AND PROGRAMS BY CASE VOLUME, 2016-2017...... 67 TOP 10 CORRECTIONAL FACILITIES BY CASE VOLUME, 2016-2017...... 67 TOTAL CASES RECEIVED FOR PROVINCIAL GOVERNMENT MINISTRIES AND SELECTED PROGRAMS, 2016-2017...... 68 CASES RECEIVED ABOUT SCHOOL BOARDS, 2016-2017...... 70 CASES RECEIVED ABOUT COLLEGES OF APPLIED ARTS AND TECHNOLOGY, 2016-2017...... 71 CASES RECEIVED ABOUT UNIVERSITIES, 2016-2017...... 71 CASES RECEIVED ABOUT MUNCIPALITIES, 2016-2017...... 72 CASES RECEIVED ABOUT CLOSED MUNICIPAL MEETINGS, 2016-2017...... 76 FINANCIAL SUMMARY...... 76
2016-2017 Annual Report Office of the Ombudsman of Ontario 3 4 2016-2017 Annual Report Office of the Ombudsman of Ontario OMBUDSMAN’S MESSAGE
welcomed our suggestions for a more NEW ERA OF transparent process for non-competitive OVERSIGHT procurements. We also saw our recommendations embraced and complemented by the As I report on this, my first full year as work of two independent reviewers Ontario Ombudsman, I am encouraged appointed by the province: Justice by several recent developments that Michael Tulloch’s review of police signal a trend toward stronger oversight oversight, and former federal of public sector bodies in this province. correctional investigator Howard Sapers’ The good news relates not only to review of the practice of segregation, or the work of our Office, but to broader solitary confinement, of inmates in the changes to legislation and accountability province’s jails. mechanisms that we are happy to Both of these reviews dealt with matters support. that our Office also investigated – the PLEXMAN PHOTOGRAPHY MATTHEW PHOTO BY Ombudsman Paul Dubé It has been a remarkable year, as our former in our 2008 and 2011 reports Office has been able to help people on the Special Investigations Unit; the with a wider array of issues than latter in our recent report on segregation ever before – thanks to our expanded tracking, Out of Oversight, Out of Mind. Promoting mandate, which now comprises not just I was pleased to collaborate with both provincial government administration but reviewers, in addition to making public accountability municipalities, universities and school submissions and recommendations, so boards. they could benefit from our extensive Similarly, the province’s recent review of expertise in both areas. municipal legislation – to which we also provided submissions – will bring the The results so far have been positive: Achieving positive weight of law to practices we have been The Ministry of Community Safety and recommending to municipalities for some Correctional Services committed to change time: Establishing codes of conduct and addressing all of the recommendations integrity commissioners at the local Most of the 21,328 cases we received in in my and Mr. Sapers’ reports on level. Along with a much-needed new 2016-2017 (the first complete fiscal year segregation, and it is acting, with the legislative definition of “meeting,” these of this new jurisdiction) were quickly Ministry of the Attorney General, to changes will help municipalities provide resolved, without formal investigation – implement measures in Justice Tulloch’s residents with enhanced and more demonstrating how we work effectively report that will finally strengthen the SIU consistent accountability. behind the scenes. as this Office recommended years ago. Much of our work with school At the same time, our systemic I look forward to the promised changes boards has been in the same vein – investigations continued to prompt to the Ministry of Correctional Services encouraging transparent processes constructive change. At the provincial Act and the Police Services Act that and clear communication with the level, work on fundamental changes will bring long-overdue clarity to terms public they serve. Codes of conduct to police de-escalation training and like “segregation” and “serious injury” and accountability mechanisms are services for adults with developmental and bolster oversight mechanisms in advisable at this level as well. One thing disabilities is ongoing, as a result both areas. Our Office will continue to our interaction with these organizations of two of our latest reports. At the monitor these developments and to in communities across Ontario has municipal level, the City of Brampton oversee these mechanisms. underlined is that municipalities and
2016-2017 Annual Report Office of the Ombudsman of Ontario 5 school boards are the ground floor of Resolutions and Our staff help hundreds of people this our democracy. Ensuring that they are way, week in and week out. Together fair, open and accountable is every bit relationships with our investigators and all our other as important as it is for large provincial teams, the relationships they build – organizations. The impact of our systemic both with complainants and the officials Whether we are gathering information investigations is well known – and in the complained-about organizations related to a complaint – or engaging deservedly so, given that several of – establish the credibility that allows with public sector officials at outreach them continue to prompt constructive this Office to influence broader reforms events across the province, as many change, even a decade later. However, affecting millions of Ontarians, and of my staff and I have done this past as this report illustrates, the value of our in turn help this province maintain a year – we emphasize that we always oversight is also demonstrated daily by strong international reputation for seek to resolve problems at the lowest the work of our frontline staff, the Early effective oversight. possible level. This means working to Resolution Officers who respond to calls As well, as I have emphasized find solutions within the organization and complaints and embody what most throughout this past year, by building or community that is the source of the ombudsman work is all about. relationships with stakeholders through complaint. When that can’t be done, our This report is full of stories about that collaboration, we are able to ensure Office is there to help. kind of work: The quick resolutions that our voice is heard when the situation The value we provide lies in our role as are facilitated through patient listening demands – when the case is urgent, an impartial, independent office of last or creative, critical thinking; the right resolution is not possible, or simply resort. We do not replace internal or calls or informal inquiries to the right taking too long. local accountability mechanisms, but can official at the right time; the complaint This report notes numerous cases suggest improvements, verify that they trends that are proactively flagged to where our proactive work with the most are working as they should, or investigate senior bureaucrats; or the gaps in policy complained-about organizations and and propose solutions to systemic that are identified and fixed, without ministries has yielded good progress on problems that are beyond their reach. formal investigation. longstanding issues – and a few where those issues had to be escalated and investigated. We have seen good co- operation from the organizations under investigation in almost every case. I meet with the head of the Ontario Public Service and Secretary of the Cabinet, Steve Orsini, on a regular basis to discuss complaint trends and flag brewing provincial issues, as do our senior staff with the most complained-about ministries and programs. Ombudsman staff also frequently have productive discussions with officials from broader public sector organizations across the province – sometimes related to complaints, but October 12, 2016: Meeting of officers and clerk of the Legislature in Toronto – left to right: Chief Electoral Officer Greg Essensa, Integrity Commissioner David Wake, Ombudsman Paul Dubé, former Clerk often to share general information Deborah Deller, Auditor General Bonnie Lysyk, Provincial Advocate for Children and Youth Irwin Elman, about good practices for fair, French Language Services Commissioner François Boileau. transparent processes and policies.
6 2016-2017 Annual Report Office of the Ombudsman of Ontario Sharing expertise participation in the Forum of Canadian • Proactively update stakeholders Ombudsman this spring. This Office on issues and trends, with a view In this past year, I have also been has long had a reputation as one of to solving problems and improving pleased to develop relationships the most exemplary and impactful governance without the need for and share expertise with my fellow ombudsman offices in the world, formal investigations. thanks to the excellent work of our ombudsmen from across Canada • Provide online resources on what to team. It is a privilege to lead that team, and around the world, other officers expect from our Office and on best and to present this year’s snapshot of of the Ontario legislature, as well practices in handling complaints. as integrity commissioners and that work. ombudsmen for municipalities, • Develop new resources to reflect universities and school boards. Municipal Act changes, including Looking ahead: best practices for establishing My colleagues have seen a trend Five-year plan local ombudsman and integrity toward stronger oversight, too. commissioner roles, and a The Saskatchewan and Alberta The core work of our Office is searchable online digest of open ombudsmen have had their mandates handling tens of thousands of meeting cases. expanded to include municipalities. complaints per year – resolving most My Ontario colleagues, the Advocate • Develop an online mechanism for of them informally, identifying issues for Children and Youth, the Integrity public feedback on the services proactively, conducting Commissioner and the Financial we provide. investigations as warranted and Accountability Officer – as well as publishing 3-5 reports per year on • Increase participation in national the new Patient Ombudsman within systemic investigations affecting and international ombudsman the Ministry of Health and Long-Term large numbers of people. We are community. Care – have oversight responsibilities committed to building on this work in that did not exist a few years ago. • Continue to promote a dynamic and the years ahead. In addition, I want Local ombudsmen and integrity positive work environment where to share some of our other priorities commissioners have proliferated in teams and individuals thrive and for the near future, which I believe Ontario in the past year. feel valued and rewarded by their will enhance the value we provide work. Along with this welcome growth to Ontarians: in oversight, however, comes a • Continue recruitment to reach full responsibility to ensure it is effective Years 1-2: staff complement of 143 full-time – a role that we take seriously with employees. • Create and publish values, mission regard to the bodies we oversee. and vision statements. • Enhance staff training and support, We also continue to help and train including dealing with challenging • Focus on establishing productive and administrative watchdogs from across complaints, crisis situations and constructive working relationships Canada and around the world with our mental health issues; continue to with key stakeholders. annual training course in conducting promote mental health and wellness systemic investigations, “Sharpening • Build awareness of our Office in the workplace. Your Teeth.” in new areas of jurisdiction; • Review accessibility and security of educate stakeholders and public I was honoured to be acclaimed our workspace. to the board of the International about our role through speeches Ombudsman Institute as regional and presentations, presence president for North America this past at stakeholder events and communications tools. fall, as well as to bolster our Office’s
2016-2017 Annual Report Office of the Ombudsman of Ontario 7 Years 3-4: • Provide orientation on Ombudsman oversight for new and returning elected representatives (MPPs, municipal council members and school board trustees) after 2018 elections. • Continue to develop interactive online public resources on the role of the Office. • Develop guides and training for municipal and school board stakeholders regarding establishing local accountability officers and complaint mechanisms. • Measure reach and awareness of our Office and develop strategic plan to target communities that would most benefit from more outreach April 26, 2017: Ombudsman Paul Dubé (back row, third from left) with fellow members of the International and education. Ombudsman Institute board, Vienna. • Collaborate and consult with public service leaders as they move forward with plans to transform and modernize the public service. • Review our complaint handling process to ensure efficient use of resources and timely, meaningful responses; continue transition to paperless system. • Continue to develop staff training, including professional development and mentoring programs to maximize staff potential. • Update and upgrade case management system to a web- based tool, to improve efficiency and complaint analysis functionality. • Develop strategy for leveraging new technologies for use in investigations, complaint analysis and public interaction. • Collaborate with ombudsman and December 2, 2016: Ombudsman Paul Dubé meets with the Deputy Ministers’ Council, flanked by relevant professional organizations Deputy Ombudsman Barbara Finlay and Steve Orsini, Secretary of the Cabinet and head of the Ontario Public Service. to share expertise, best practices, training and innovation.
8 2016-2017 Annual Report Office of the Ombudsman of Ontario Year 5: • Review impact of five years of oversight of broader public sector on improving accountability and governance. • Find opportunities to highlight best practices in delivering service to the public, based on our experience and complaint analysis. • Survey best practices among ombudsman community and determine opportunities to adapt to changing public demands. • Measure success in establishing productive relationships with municipal, university, and school board stakeholders. October 25, 2016: Premier Kathleen Wynne addresses “Sharpening Your Teeth” investigative training • Continue to drive positive change and conference for ombudsmen and administrative watchdogs. improve governance in all areas of jurisdiction.
May 2, 2016: Ombudsman information session at Queen’s Park. Above left, Ombudsman Paul Dubé speaks with NDP Leader Andrea Horwath; above right (from left), MPP Bill Walker (PC – Bruce-Grey-Owen Sound), Ontario Chief Human Rights Commissioner Renu Mandhane, Ombudsman Paul Dubé, Deputy Ombudsman Barbara Finlay, and MPP Jim McDonell (PC – Stormont-Dundas-South Glengarry).
2016-2017 Annual Report Office of the Ombudsman of Ontario 9 ABOUT OUR OFFICE
The Ombudsman’s intervention serves not only the public interest, but can be in the best interest of the organization as well. Either the organization’s work will be validated by “an independent third party, or constructive feedback will be provided that will enable it to address the root causes of complaints and prevent them from recurring.
“If an ombudsman can establish independent yet collaborative relationships, when a systemic investigation is required, the recommendations that flow from it are more likely to be accepted and implemented.
“Occasionally, if a public sector body does not see the value of working collaboratively towards appropriate outcomes and accepting recommendations that will benefit citizen stakeholders, we have another important tool: Ultimately, our power is in our voice.
– Ombudsman Paul Dubé, keynote speech to Forum of Canadian Ombudsman, May 15, 2017,” Ottawa
10 2016-2017 Annual Report Office of the Ombudsman of Ontario WHAT IS AN OMBUDSMAN?
An ombudsman is an independent and impartial officer who Values, Mission and Vision raises citizens’ concerns with government bodies. The first Our Values parliamentary ombudsman was established in Sweden in 1809; the Fair treatment term “ombudsman” is Swedish for Accountable administration “citizen’s representative.” Independence, impartiality Results: Achieving real change As an office of last resort, an ombudsman typically intervenes Our Mission when issues cannot be resolved We strive to be an agent of positive change by within the government body. The promoting fairness, accountability and transparency in ombudsman acts impartially, not the public sector. on behalf of either party. If a complaint has merit, the Our Vision ombudsman will first seek to A public sector that serves citizens in a way that is fair, resolve the dispute at the lowest accountable and transparent. level possible, but will conduct an investigation when necessary. Our Office was established in 1975 under theOmbudsman Act. Ombudsman findings and Per the Ombudsman Act, complaints to our Office are confidential recommendations are based on an and investigations are conducted in private. Our services are also impartial assessment of the facts free of charge. and evidence.
In Canada, ombudsmen are appointed by and accountable to the legislatures of the relevant province. An ombudsman investigates and reports on citizens’ “complaints, and makes an annual report, although the recommendations are not binding. – The Oxford” Companion to Canadian History
2016-2017 Annual Report Office of the Ombudsman of Ontario 11 WHO WE ARE
Ombudsman
Paul Dubé
Deputy Ombudsman
Barbara Finlay
Early Resolutions Investigations Special Ombudsman Legal Services Communications Corporate Services Team Team Response Team Team Team Team
Complaint intake, Individual investigations, Systemic issue Legal support, evidence Reports and Financial services, triage, referrals, issue proactive work, complex investigations, extensive analysis, report publications, website, human resources, identification and complaint resolutions, field work, follow-up. preparation, municipal media relations, administration and analysis, research, identification of trends closed meeting social media, video, facilities, information trends analysis, and and systemic issues. Director: investigations. presentations and technology. complaint resolutions. Gareth Jones outreach activities. Director: General Counsel: Director: Director: Sue Haslam Laura Pettigrew and Director: Scott Miller Eva Kalisz Rolfe Wendy Ray Linda Williamson PHOTO BY STEF + ETHAN PHOTO BY May 18, 2017: The Ombudsman and (most of) our staff, outside our offices at 483 Bay Street, Toronto.
12 2016-2017 Annual Report Office of the Ombudsman of Ontario WHAT WE DO
Refer Resolve Advise Collaborate Direct complainants to Find a way to settle the Answer general questions Work proactively with officials the appropriate officials or issue without need for formal from MPPs and broader to address complaint trends complaint process. investigation. public sector officials. before they grow.
Promote Resolutions and reports Investigate Support independent Gather evidence to get to oversight, accountability and are the best-known results root of individual or systemic transparency at home and issues that aren’t easily abroad. of the Ombudsman’s work, resolved. but only part of what it takes to handle tens of thousands of cases every year. Here is a glimpse of the different types of work we do:
Comment Change Provide expertise and advice Recommend constructive on request regarding new changes to fix individual and legislation or policy. systemic problems.
Engage Pursue Monitor Validate Interact with public and Follow up to ensure Track official responses to Where administrative stakeholders through recommendations are recommendations. processes are working well, speeches, events and media. effective and issues do not give credit where it’s due. recur.
2016-2017 Annual Report Office of the Ombudsman of Ontario 13 What to expect Last resort: If you haven’t tried existing Systemic investigation: If the complaint mechanisms, we’ll suggest Ombudsman determines that there is a Make a complaint: We take complaints you do that first – and return to us if the potential systemic issue underlying the via the complaint form on our website, issue isn’t resolved. complaints, he may decide to launch a by email, phone or letter, or in person. Early resolution and review: We always systemic investigation; these are often Our staff will contact you for more seek to resolve complaints at the lowest announced and reported on publicly. The details if necessary. We will not divulge level possible. To do so, we often make public sector body under investigation is your name or information to anyone informal inquiries and requests for notified and given a chance to respond without your consent. information with the relevant bodies, before any report is published. Or ask a question: Not a complaint? No for example, to learn more about their Results: We communicate the outcome problem – we also handle inquiries. Our processes and policies. of individual investigations and most staff can answer general questions or Investigation: If we are unable to resolve reviews and informal resolutions point you in the right direction. the matter informally, the Ombudsman to complainants and the relevant may decide to conduct an investigation. public sector bodies, as warranted. Mandate: If your complaint is not about Summaries of many such cases are an Ontario government or broader public The public sector body is formally notified, and we may conduct interviews published in our annual reports and sector body within our mandate, we will other communications. When the refer it accordingly. and request documents and any other relevant evidence. Ombudsman’s recommendations are accepted, our staff follow up to ensure they are implemented, and we monitor to ensure problems don’t recur.
14 2016-2017 Annual Report Office of the Ombudsman of Ontario ABOUT THIS REPORT
Our Office oversees more than 1,000 or agency, arranged by case volume, in the Appendix to this report, and on public sector bodies, comprising as shown in the accompanying chart: our website – where complaint data for more than 500 Ontario government For example, the first two categories municipalities and school boards can ministries, programs, agencies, boards, are Law & Order and Social Services, also be found on interactive maps. commissions, corporations and tribunals, because they generated the highest as well as 444 municipalities, 72 school number of cases. Each topic chapter Watch for “Good GOOD TO to Know” boxes boards and 10 school authorities, and 21 discusses the main complaint trends and KNOW universities. significant cases of the past year. throughout the report for other This report is organized by topic area, A breakdown of complaints by ministry, explanatory notes.
rather than by government ministry program, municipality, etc. can be found la
Cases by topic area w
17% 11% l
l LAW & ORDER socia l SOCIAL SERVICES 5%
l MUNICIPALITIES c
EDUCATION muni 4% l 20% EMPLOYMENT l 3% HEALTH
l educ 3% l TRANSPORTATION l MONEY & PROPERTY 3%
l ENERGY & ENVIRONMENT employ 32% 2%
l CERTIFICATES & PERMITS
health
trans
p
y mone Cases by type 1 3 4 5
2 Delays Communication energy Legislation Service Administrative Within each topic area, the most and/or Delivery Decisions
common complaint – by far – is Regulations ce service delivery. Here are the 10 rt most common types of complaints 7 8 10 we receive. 6 9 Funding Broader Procedures Enforcement Public Policy Internal of Rules or Matters Complaint Policies Processes
2016-2017 Annual Report Office of the Ombudsman of Ontario 15 REPORT HIGHLIGHTS
closed within one week closed within 49% 60% two weeks
21,328 33% received cases received online 60% received by phone
TOP 862 238 Ontario Disability Social Justice 5 Support Program Tribunals Ontario provincial 1,036 Family Responsibility organizations Office by case volume in fiscal 2016-2017 Workplace492 Safety Developmental216 and Insurance Board Services Programs excluding correctional facilities
2,667 general cases received 945 cases received
closed meeting cases 109 cases received 175 received Municipalities School boards Universities
16 2016-2017 Annual Report Office of the Ombudsman of Ontario outreach events 102 in 2016-2017
in
28Ontario communities
Outreach 4 provinces with stakeholders Training/consultation with representatives from 2 territories 7 countries
people
1,457 501,120Facebook reach news articles published in fiscal 2016-2017 million
3.6Twitter impressions
broadcast media stories 511 in fiscal 2016-2017 9,524 Communications YouTube views
Aggregate audience Ad value website visitors 178,185 from 180 countries million website 219million people $2.5 823,091 pageviews
32recommendations 15best practices Out of Oversight, Out of Mind – April 2017 Procuring Progress – March 2017
Systemic 22recommendations 60recommendations investigation reports A Matter of Life and Death – June 2016 Nowhere to Turn – August 2016 April 1, 2016 to date
2016-2017 Annual Report Office of the Ombudsman of Ontario 17 YEAR IN REVIEW CASES BY TOPIC
Trends in cases – to provide identifying information, limitations on when information may be policing collected, training for police, providing those who are checked with a receipt that Policing in Ontario has recently been documents the interaction, and rules on under scrutiny on several fronts. New information retention. regulations came into force on the We also received 271 complaints about practice of carding, and an independent municipal police services, and 121 about review called for sweeping changes to the Ontario Provincial Police. Most police oversight. Our Office contributed complaints about police operations and to consultations on these reforms. conduct were referred to the Office of LAW & ORDER We also followed up on previous the Independent Police Review Director recommendations to improve police (OIPRD). training in de-escalating conflict situations, and to help officers dealing Police oversight – independent Overview with operational stress injuries. review This is consistently the largest Carding and general police After consultations across the province category of complaints to our Office, complaints over the past year, independent reviewer dealing mostly with organizations Justice Michael Tulloch issued 129 As of January 2017, the practice of within the Ministry of Community recommendations to reform Ontario’s carding (when police stop a person and Safety and Correctional Services and oversight of police. Many echoed ask for identification, also known as the Ministry of the Attorney General. those made by the Ombudsman in his “street checks”) has been regulated Although the Ombudsman does not submission to the review, including that across the province. Some of these have direct jurisdiction over municipal the Office of the Independent Police regulations reflect recommendations police or the courts, our oversight of Review Director and the Ontario Civilian our Office made in a submission to these ministries has resulted in reforms Police Commission be included in our the Ministry of Community Safety and to police training, Legal Aid Ontario Office’s jurisdiction – as the Special Correctional Services’ consultations and how some administrative tribunals Investigations Unit (SIU) already is. We in August 2015, including the duty to received 26 complaints about the OIPRD operate. inform people they are not required in 2016-2017.
TOP 5 CASE TOPICS
1 Correctional 3 Ontario 5 facilities Provincial 2 Municipal police 4 Police Legal Aid Ontario Tribunals 3,998 121 111 278 271(outside our jurisdiction)
18 2016-2017 Annual Report Office of the Ombudsman of Ontario The Ombudsman is ideally placed to handle complaints about all three police oversight bodies. The Ombudsman’s office has the mandate to independently “and impartially investigate individual and systemic complaints. It does so about the administrative conduct of more than a thousand public sector bodies, including administrative tribunals... Such a change would enable the Ombudsman to promote consistency in the oversight bodies’ practices and enhance public confidence in police oversight. ”– Hon. Michael Tulloch, Report of the Independent Police Oversight Review, released April 6, 2017 The province committed to introducing conflict situations, particularly The implementation of the remaining standalone legislation in the fall of involving people who may be in crisis recommendations is underway, and we 2017 – separate from the Police due to mental illness or drugs. The will continue to monitor and report on Services Act – to enhance the day before the report’s release, the the Ministry’s progress. independence of these bodies, as then-Minister of Community Safety our Office also recommended. It is and Correctional Services agreed Special Investigations Unit not yet clear whether this will also to all of the recommendations. Key (SIU) expand our oversight. (For an update among these were that the Ministry Reports: Oversight Unseen and on reforms specific to the SIU, see introduce – within one year – a new Oversight Undermined, released 2008 Investigations below.) regulation setting out guidelines on and 2011 de-escalation for all police services, as well as a new use-of-force model that Investigation update: Investigations – would emphasize that de-escalation Our Office has twice investigated systemic techniques should be used before force policing issues related to the whenever feasible. effectiveness of the Police de-escalation training The Ministry has since provided Special Investigations our Office with detailed updates Unit, the civilian Report: A Matter of Life and Death, on its efforts to implement the body that handles released June 2016 recommendations. These include police actions Investigation update: creating an advisory committee and that result in death This report made 22 commissioning academic research to or serious injury. A Matter of recommendations review de-escalation practices. The Our two reports Life and Death made a total of 49 Investigation into the direction provided by the Ministry of Ombudsman also visited the Ontario Community Safety and Correctional Services to Ontario’s to improve how police services for de-escalation of conflict situations police across Ontario Police College in December 2016 for recommendations to are trained to de- a demonstration of its improved de- address the SIU’s perceived pro-police
OMBUDSMAN REPORT Paul Dubé, Ombudsman of Ontario bias, delays and lack of transparency. June 2016 escalate potential escalation training.
2016-2017 Annual Report Office of the Ombudsman of Ontario 19 We need the province to standardize the training on de-escalation so no matter where the police officers serve, they can have the same training. “ – Ottawa Police Services Board chair Eli El-Chantiry, quoted in Ottawa Community News, December 15, 2016 Although several recommendations and Correctional Services to develop such a high volume of complaints is to were implemented by the SIU, the provincial standards and to improve prioritize those involving” urgent matters most important were not addressed: support and resources for officers related to health and safety. That the government enact legislation dealing with operational stress injury. At To flag complaint trends and potential separate from the Police Services the time of the investigation, neither the systemic issues, Ombudsman staff meet Act to clarify the SIU’s mandate and Ministry nor the OPP kept any statistics on a regular basis with senior officials in independence and make it an offence on operational stress injury or officer the Correctional Services section of the for police not to co-operate with it. suicide, while those who struggled with Ministry. In recent years, these meetings Other recommendations called for SIU post-traumatic stress disorder were have discussed serious concerns director’s reports to be made public in often stigmatized, and little support was about medical treatment of inmates, cases where no charges are laid. offered through individual services or inmate-on-inmate assaults, prolonged The Ombudsman reiterated these provincial bodies. segregation of inmates, and excessive recommendations in his October 2016 However, all of our recommendations use of force by correctional officers. submission to the province’s independent were accepted and implemented, The two latter issues both resulted in review of police oversight, headed by and significant improvements have systemic investigations and reports, Justice Michael Tulloch, who echoed continued, beyond the scope of our after numerous efforts to prompt the several of them in his final report in April investigation. For example, the OPP Ministry to address them – and in both 2017. The Attorney General immediately has shared its mental health strategies cases, the Ministry agreed to address all announced that SIU director’s reports, and other approaches with many other of our recommendations. including past cases involving deaths police services and first responders. As where no charges were laid, would be Medical issues made public, and that new standalone well, the new Supporting Ontario’s First legislation will be introduced in the fall of Responders Act, 2016 passed in April More than half of the complaints we 2017 to enhance police oversight. We will 2016, requiring all police services – as receive from those in custody involve monitor these changes and their impact. well as employers of such other first significant concerns about health care. responders as firefighters, paramedics, The most frequent complaint topics are Operational stress injury correctional officers, etc. – to have a access to doctors or specialists, delays and suicide affecting Ontario post-traumatic stress disorder plan in in receiving certain types of treatment, Provincial Police and police place by April 2017. or problems in receiving medication. across the province We refer many complaints back to the Trends in cases – correctional facilities’ internal complaint Report: In the Line of Duty, released mechanisms, but our intervention has October 2012 correctional services helped many inmates in medical distress. Investigation update: For example, one man complained to This report made 28 We received 3,998 complaints about us after he had cancer surgery and was recommendations to Ontario’s adult correctional facilities placed in a dirty segregation cell – he the Ontario Provincial this past fiscal year, compared to could not feed himself and was given Police (OPP) and 6 4,051 in 2015-2016. We also received an inadequate wheelchair. He said he to the Ministry of 20 complaints about youth custody had considered ripping out his stitches Community Safety facilities. Our practice in dealing with so staff would pay attention to him.
20 2016-2017 Annual Report Office of the Ombudsman of Ontario receive about this facility, including 394 in 2015-2016. We received 319 complaints about OCDC in 2016-2017. The Ministry reported in January 2017 that all of the task force’s short- term recommendations had been implemented, including the creation of temporary “step-down” units to house vulnerable prisoners, and a review of the facility’s health care department. On May 4, 2017, the Minister announced that OCDC will be replaced by a new facility. Investigations – correctional services February 7, 2017: Ombudsman Paul Dubé speaks at a Badge of Life Canada conference about our Office’s work to improve de-escalation training and operational stress injury supports for police. Tracking of inmates in segregation
Our inquiries led to the inmate being In December 2016, after a lengthy Report: Out of Oversight, Out of Mind, moved to a better cell, where his review of its investigations policy, released April 2017 dressings were regularly changed the Ministry directed facilities to Investigation update: and he was given an appropriate complete a local investigation report In December 2016, wheelchair. whenever an inmate-on-inmate assault three factors results in serious injury – including prompted the Inmate-on-inmate assaults any allegations of sexual assault, and Ombudsman to any cases involving broken bones or Our Office has repeatedly raised launch a systemic hospitalization. This is an encouraging concerns with the Ministry about the investigation change, and we will continue to monitor lack of any requirement to document into the tracking how such cases are handled. or investigate inmate-on-inmate of segregation placements in the assaults, no matter how serious. province’s correctional facilities: A This past fiscal year, we received Ottawa-Carleton Detention Centre task force steady rise in complaints – repeatedly 63 complaints about such assaults, flagged to the Ministry – since compared to 52 in 2015-2016. As noted in our last Annual Report, the 2013; a lack of response to the 28 In one recent case, a woman reported then-Minister set up a task force in recommendations he made in a being sexually assaulted by four other March 2016 to address concerns about submission to the Ministry as part of inmates – after which she was placed overcrowding and capacity issues at its consultations in spring 2016; and the in segregation, while her attackers the Ottawa-Carleton Detention Centre shocking revelation that a 24-year-old were not. No investigation was done (OCDC). Our Office made a submission man had been held in segregation in by the correctional facility. to this task force in May 2016, based Thunder Bay Jail for more than on the high volume of complaints we four years.
2016-2017 Annual Report Office of the Ombudsman of Ontario 21 The situation of Thunder Bay inmate Adam Capay was discovered by Ontario’s Chief Human Rights Commissioner in October 2016. The Ombudsman immediately sent investigators to look into his situation and quickly determined that a systemic investigation was warranted. While our investigation was being planned, the Ministry appointed the former Correctional Investigator of Canada, Howard Sapers, to head an independent review of segregation and the broader correctional system. Our Office’s investigation was announced shortly thereafter, and our findings were shared with Mr. Sapers as well as the Ministry. April 20, 2017: Ombudsman Paul Dubé releases report on tracking of segregation placements of inmates, Our investigation revealed that the Out of Oversight, Out of Mind, at the Ontario Legislature. Ministry’s systems for tracking inmate segregation placements were error-ridden and inaccurate, and oversight at senior levels was severely lacking, meaning many vulnerable inmates were left in an independent panel to review all by the facility, contrary to Ministry isolation for prolonged periods without placements. The Ministry committed to policy. After our intervention, she was the required reviews. The Ombudsman report back to the Ombudsman on its transferred to another facility where made 32 recommendations to limit progress within six months. she could interact with other inmates. segregation placements and strengthen In addition to the systemic investigation, We also helped an inmate with mental oversight of them, all of which the Ombudsman staff assisted many health issues return from segregation Ministry agreed to address. individual inmates who complained about to a general unit, by working with facility staff to ensure he had a care The recommendations include the segregation. We received 275 complaints plan in place that noted his regular creation of a clear definition of about segregation in 2016-2017, appointments with mental health segregation, and a standard method compared to 186 the previous year. professionals. Staff also placed him with to track placements and ensure they In one case, a woman was held in a cellmate to help him with reintegration. are reviewed every five days to make segregation for more than a year, but her sure they are justified, as well as placement was not accurately recorded On May 4, 2017, Mr. Sapers released his
The issues raised by the Ombudsman are deeply concerning and completely unacceptable. We must do better. I am committed to addressing each of the Ombudsman’s recommendations, and reporting back on our progress at “six-month intervals until his recommendations are fully implemented. – Community Safety and Correctional Services Minister Marie-France Lalonde, statement in response to the Ombudsman’s” report, April 20, 2017
22 2016-2017 Annual Report Office of the Ombudsman of Ontario The government ought not to wait yet again for more study before acting. It should move now to implement [Ombudsman] Dubé’s crucial advice before anyone else gets lost in the system. “ – Toronto Star editorial, April 24, 2017 This makes Mr. Dubé’s main recommendation” so important: He wants the province to define segregation, once and for all. Everything else flows from that. Prison staff and ministry officials can’t track time in segregation, “and ensure no one spends more than a few consecutive days in it, until they have a clear definition of ‘segregation.’ Without this first step, all other reforms will fail. – Globe and Mail editorial, April 20, 2017 interim report, also calling for” improved at eradicating a “code of silence” Trends in cases – oversight of segregation, and proposing that led to the coverup of some that it be capped at 15 days and banned incidents of excessive force by Legal Aid and for inmates who are pregnant, have officers against inmates. They also medical conditions or mental illness. The prompted improvements in training tribunals Minister responded that the government and transparency with regard to the would address Mr. Sapers’ and the use of force. As of the writing of this Legal Aid Ontario Ombudsman’s recommendations with report, 6 recommendations remain We received 111 complaints about new legislation in the fall of 2017, and partially incomplete, as they involve an “enhanced model of independent additional staff and expenditures. The Legal Aid Ontario (LAO) in 2016- oversight and governance of the adult Ministry is working to address these 2017, compared to 118 last fiscal year. corrections system.” recommendations by installing closed- Common topics of complaint were eligibility requirements for legal aid Excessive use of force by circuit video at all institutions, introducing policy and equipment to enable the use funding and communications issues. correctional officers of hand-held video recording in situations For example, when a woman could not Report: The Code, released June 2013 where correctional officers are likely to get a response from LAO’s complaints use force, and updating training. department regarding her file, our Investigation update: staff discovered that its automated The 45 Complaints about correctional staff email response to web complaints recommendations using excessive force have declined had been inadvertently disabled. LAO in this report, all of overall from the years prior to our report; which were accepted however, they increased to 65 in 2016- apologized to the woman for the delay by the Ministry, 2017 from 43 the previous year. We in responding to her. were addressed continue to monitor this issue closely.
2016-2017 Annual Report Office of the Ombudsman of Ontario 23 Administrative tribunals We reviewed the investigators’ report Good timing as well as the general concern that the Our Office oversees the myriad An inmate with diabetes who needed to proceedings were unfair. We determined administrative tribunals that adjudicate take insulin before his meals complained that the tribunal had acted within its matters relating to social benefits, to our office that correctional staff mandate, and that its decision was landlord and tenant disputes, licences could only give it to him after meals. evidence-based. However, we suggested and statutory warranties, municipal The health care manager initially told us several improvements, including that planning and labour relations, among the facility was too large for its staff to SLASTO clarify some procedures and others. The province has grouped co-ordinate the man’s insulin with his make resources available on its website many of these into three clusters: mealtimes, but still agreed to review the for people who are not represented Social Justice Tribunals Ontario man’s circumstances. The inmate later by lawyers. These suggestions were (SJTO), Safety, Licensing Appeals and informed us that staff had arranged to well received by SLASTO, and we Standards Tribunals Ontario (SLASTO), get his insulin to him before meals. will continue to monitor its efforts to and Environment and Lands Tribunals improve its services. Ontario (ELTO). Security risk In 2016-2017, we received 238 An inmate who had been in segregation complaints about SJTO, 21 about Case summaries for nine months – because the facility SLASTO and 19 about ELTO. Although had concerns about his and others’ we are not an appeal body and cannot Motherhood issue safety and security – complained overturn tribunal decisions, we can to our office that it was harming his An inmate who was 29 weeks into review the fairness of a tribunal’s mental health and he needed to see a a high-risk pregnancy contacted us processes. The tribunal clusters psychiatrist. After Ombudsman staff in fear that she would lose her baby are required by law to have a code made inquiries, the facility took a closer due to lack of care. She complained of conduct and a public complaints look at its safety and security concerns of delays in being referred to prenatal process. We refer most complaints and decided the man could be moved appointments, in being taken to hospital, accordingly, but can review the tribunal’s into a general population unit. and in accessing her health record. response if the person is not satisfied Our Office contacted the facility’s with it. health care staff, and as a result of our For example, we recently reviewed a inquiries, the superintendent arranged man’s complaint about the conduct of an immediate medical attention for her. She adjudicator in lengthy and acrimonious was taken to hospital and transferred proceedings at the Licence Appeal to a specialized high-risk clinic. The Tribunal. An independent investigation Ministry also reviewed the health care initiated by SLASTO found the she received, and helped her access her adjudicator did not breach the code health records. of conduct, but recommended several improvements to the tribunal’s practices, including providing clearer explanations to the public, and training adjudicators to interact with people who represent themselves (without lawyers) in tribunal proceedings.
24 2016-2017 Annual Report Office of the Ombudsman of Ontario Some 61 of the complaints we received Complaints about FRO tend to involve regarding the Ministry of Children and errors in child and spousal support Youth Services related to developmental payment transactions or in interpreting or related services for children. court orders, failure to enforce payment of arrears, or enforcing payment where Another common topic of complaints none was owed. SOCIAL SERVICES to our Office is children’s aid societies – even though they have never been Among the most egregious cases within our jurisdiction. We received 471 we dealt with was one in which FRO this year, many of which we referred to garnished a man’s pension for support Overview and trends our fellow Officer of the Legislature, the payments to his ex-wife, even though in cases Provincial Advocate for Children and she had been dead for 13 years. In total, Youth, who gained the power to conduct FRO had forwarded almost $143,000 to Millions of Ontarians rely on social investigations related to children’s aid the dead woman’s inactive bank account. services provided by the province, societies as of March 1, 2016. Although it was not aware of her death for some years after it occurred, even mostly through the Ministry of New to this chapter, as of this year, are after it was notified, it took more than Community and Social Services, about complaints about Ontario Works, the $50,000 from the man’s pension. FRO which we received 2,196 complaints social assistance program administered by had refunded the man $50,000, but as this fiscal year. The top two sources of municipalities on behalf of the province – a result of our inquiries, it provided him complaints to our Office are run by this about which we received 248 complaints. Ministry – the Family Responsibility with an additional $40,000. Office (FRO) and the Ontario Disability Family Responsibility Office In another case, FRO tried to take Support Program (ODSP). The Family Responsibility Office (FRO) is enforcement action against a man for Another significant complaint area is responsible for enforcing court-ordered support, even though he had custody the province’s services for adults and child and spousal support payments and of his children and their mother had children with developmental disabilities. is consistently a top source of complaints abandoned them. After Ombudsman We received 216 complaints related to to the Ombudsman. It was the most staff made inquiries and documentation developmental services programs, and complained-about Ontario government was provided to confirm the children had also followed up on the government’s organization again in 2016-2017, with been in the man’s care for several years, progress in response to our two 1,036 complaints, up slightly from 1,025 FRO agreed to terminate his support systemic investigations in this area. last year. obligation.
TOP 5 CASE TOPICS
Family Children’s 1 Responsibility 3 aid societies 5 Office 2 (outside our jurisdiction) 4 Developmental Ontario Disability Ontario Works services Support Program programs 1,036 862 471 248 216
2016-2017 Annual Report Office of the Ombudsman of Ontario 25 I can’t thank you enough. I’m glad I followed through with this. I Googled it and saw [the Ombudsman’s annual] reports. I thought it’s worth a shot. I’m so glad I made that call. “ - email from complainant
Misinterpretation of a court order in information and issues with different transparency and responsiveness in one case cost a woman more than procedures between jurisdictions. dealing with clients and Ombudsman $4,600 in arrears owing to her, until” our staff. Case resolutions often include For example, a woman who had not Office raised the case with FRO, and it received payments from her ex-husband corrective measures, and letters of reimbursed her. in the United Kingdom for several apology are issued to acknowledge mistakes, errors and missed In another case, FRO garnished $3,500 years complained to us that FRO had opportunities. Senior FRO staff regularly from a woman’s income tax refund and failed to provide officials there with reach out to our Office to proactively paid it to her ex-husband, even though information they required to register her flag cases, provide case updates, she did not owe any arrears. She order. As a result of our inquiries in this inform us of changes in administrative complained to us after FRO refunded case, FRO agreed to review any other processes and procedures, and her only $2,000 despite her repeated United Kingdom cases that might have any potential systemic issues they requests for the full amount. After our similar issues. We are monitoring the results of this review, and FRO’s recent are reviewing. intervention, FRO confirmed its error improvements to management and and repaid her the remaining $1,500. processes in the unit. Ontario Disability Support By the same token, we often hear from Program (ODSP) complainants that FRO is not doing Change in leadership The ODSP is a social assistance enough to go after unpaid support – Despite the high volume of complaints program that provides income and for example, a woman who was owed we continue to receive about FRO, employment supports to financially more than $67,000 in arrears sought our Office has observed some clear eligible Ontario residents who meet the our help when FRO told her the payor’s improvements through our case reviews, legislated definition of disability. It also whereabouts were unknown; after we thanks to FRO’s new leadership and its provides coverage for drug and dental made inquiries, FRO completed a search focus on customer service. Concrete needs and disability-related items. We that revealed employment information changes include the implementation received 862 complaints about ODSP about the payor, allowing it to begin of an internal complaint process in the in 2016-2017, a slight increase from Assistant Deputy Minister’s office, garnishing his wages. last year’s 843, most of which related called the Resolution Unit. The unit’s to customer service or decisions made Interjurisdictional Support Orders role is twofold: First, to review and by ODSP staff regarding eligibility for 76 respond to public complaints that have Some of the complaints we benefits. received about FRO related to its not been resolved at lower levels; and Interjurisdictional Support Orders unit second, to identify opportunities to Our approach to complaints from ODSP (ISO), which works with agencies in improve FRO’s processes, policies and clients is to ensure they are aware of other provinces or countries to enforce customer service strategies. the appropriate appeal mechanisms support where one of the parties FRO staff have been responsive and and, if necessary, to facilitate resolution lives outside of Ontario. This was an proactive when we have identified through contact with Ministry staff. We increase over the 58 ISO complaints we issues in individual cases that that might have received good co-operation from received last year. Common complaint affect many others. They have also the Assistant Deputy Minister and other topics included delays in processing demonstrated greater co-operation, senior staff of the Social Assistance Operations Division of the Ministry.
26 2016-2017 Annual Report Office of the Ombudsman of Ontario For example, we contacted senior it plans to address this issue as part of In one case, a single mother of a 26-year- officials at ODSP after a man its ongoing reform of social assistance. old man with a developmental delay, complained to us that he was unable It also agreed to amend legislation aggressive behaviours and various medical to reach his case worker by phone, to allow women who are on parole, issues sought our help after her son was after waiting more than six months for probation or serving conditional hospitalized for aggressive behaviour. The the ODSP to authorize payment for sentences to be eligible for ODSP hospital social worker advised both the a required medical device, and more benefits while they are living in halfway local service agency and Developmental than nine months for his special diet houses funded by the Ministry of Services Ontario (DSO) that the man allowance request to be processed. Community Safety and Correctional needed behaviour therapy and other An ODSP manager acknowledged the Services. This was as result of a case supports, but the agency failed to respond significant delays and arranged for the we received in 2015 that revealed to the worker or to calls from the DSO. man’s requests to be processed, as well a systemic loophole affecting these Ombudsman staff raised the agency’s as for the case worker to be spoken to individuals. poor customer service with Ministry about ODSP service standards. officials, who brought it to the agency’s attention, and the man was ultimately We also alerted the Ministry about 27 Developmental services placed in a permanent group home. complaints we received after ODSP Services for Ontarians with informed clients who receive $100 per developmental disabilities continue Services for children with special needs month or more to purchase incontinence to be a major source of complaints We received 34 complaints about supplies that, as of June 2016, they to our Office – particularly in light of services and treatment for children with would no longer receive the money issues raised in the Ombudsman’s special needs in 2016-2017, down from directly, but would have to obtain August 2016 report, Nowhere to Turn 46 the previous year. Common complaint supplies from an approved vendor, (discussed under Investigations). topics include a lack of services and who is then reimbursed by ODSP. Complaints increased significantly funding assistance, lengthy waiting lists Clients complained to us that having to in this area in 2016-2017, to 216, for residential placements, and delays disclose their incontinence needs and compared to 156 last year. in receiving supports. Ombudsman ODSP recipient status to a vendor was staff liaise with the various community embarrassing and potentially a breach Common complaint topics included a agencies and relevant Ministry officials of privacy. lack of available residential placements and long waiting lists for adults with to help families connect with appropriate Another concern we raised with the developmental disabilities, and scarce service providers wherever possible. Ministry stemmed from a complaint we resources for family respite, behaviour In one case, the mother of a 17-year-old received from a woman who was in a supports and programming. We also with a developmental disability, autism, long-term care home. She was worried heard many complaints about a lack of and depression, who had twice had that ODSP would deny her benefits communication and planning for youths violent altercations with family members after taking her husband’s income into with developmental disabilities who and whose behaviours were escalating, account, even though her situation will soon have to transition to adult was told by her local service agency that meant they had two sets of living services. it could not provide service to 16- and expenses. Although ODSP approved her 17-year-olds. When Ombudsman staff A dedicated team of Ombudsman staff benefits, our inquiries revealed ODSP made inquiries with a program supervisor is assigned to review these complaints had no policy in place to deal with at the Ministry of Community and Social and facilitate resolution where possible. situations of involuntary separation of Services, the Ministry acknowledged Our focus is on whether Ministry staff couples; its staff assessed on a case-by- the gap in service, and worked with local are taking steps to ensure appropriate, case basis whether married applicants agencies to obtain temporary funding should simply apply for ODSP as timely and effective responses from and suitable supports for the family on an individuals. The Ministry advised us that community service agencies. urgent basis.
2016-2017 Annual Report Office of the Ombudsman of Ontario 27 Ontario Works had been arranged for him. We also Investigations referred him to help through the local This is the first full fiscal year that our Legal Aid Ontario clinic. oversight has included Ontario Works, Services for adults with In another case, a local Ontario Works thanks to our new jurisdiction over developmental disabilities municipalities. In many of the 248 cases office had approved the cost of a taxi to we received, we heard from vulnerable bring a man to his weekly counselling in crisis people who lacked resources to navigate appointments, but gave the taxi Report: Nowhere to Turn, released their local social assistance bureaucracy. company the incorrect address. When the man tried to correct the address, the August 2016 We sometimes encountered problems taxi driver refused to go anywhere other Investigation update: with frontline workers who were not than the address provided by Ontario Since the release of familiar with our Office’s oversight Works. The man sought our help after he the Ombudsman’s role and procedures with regard to was unable to reach anyone to correct report and 60 confidential information. We asked that the mistake for more than four weeks; all municipalities provide information recommendations, after we contacted Ontario Works, it about the Ombudsman’s authority to all of which were rectified the error with the taxi company their staff, so they understand that accepted by the so he could resume his appointments. they are allowed to answer our inquiries Ministry, it has made progress on without delay. We also clarified Ontario Works’ several fronts. However, we also authority after it suspended a woman’s continue to receive complaints from In one case, we helped a northern shelter benefits out of concern that the families of adults with developmental Ontario man who lived more than four rent on her new apartment was too high, disabilities who feel they still have hours away from the city from which and it would not be a sustainable living nowhere to turn in their search for he had tried to obtain Ontario Works situation. Although Ontario Works can benefits. He had trouble understanding services, supports and appropriate withhold discretionary benefits, when we the application process because of a housing. The investigation reviewed inquired about its ability to withhold a language barrier, and he had missed an more than 1,400 complaints between client’s shelter allowance on that basis, appointment to do a telephone interview November 2012 and the release of staff agreed to release her allowance so with an interpreter. We were able to the report; between August 2016 she could move into the new apartment. communicate that a new appointment
While we have made progress in addressing the Ombudsman’s recommendations, much work is still required to drive change in the developmental services sector. We’ve made progress in finding housing solutions, “but there are still a number of individuals in Ontario with developmental disabilities living in inappropriate settings. We need to work more efficiently and in closer collaboration with our partners to deliver on our promise of real change because there are still too many people with developmental disabilities who are not receiving the services and supports they need. This is unacceptable. – Community and Social Services Minister Helena Jaczek, statement on six-month report back to the Ombudsman,” February 24, 2017
28 2016-2017 Annual Report Office of the Ombudsman of Ontario We thank you for the comprehensive report and excellent recommendations that you have published. You have covered many of the difficulties faced by those with a dual diagnosis and their families. We know from our experience that the “services for these adults are few and far between… We urge you to continue the reviews with the Ministry until the system is working again for all those who have an intellectual disability.
– Concerned Parents of Toronto, letter to the Ombudsman, October 2016 and March 31, 2017, we received an from” parents of children with severe the boy’s family stated they were in additional 132 similar cases, many special needs who are told that the crisis and were not receiving sufficient involving urgent, complex and disturbing only way they can obtain residential supports. Our office flagged the situations. care for them is to surrender custody case to Ministry staff who confirmed The Ministry committed to providing to children’s aid societies. We children’s aid society officials had the Ombudsman with reports on received 2 such complaints in 2016- investigated but identified no child its progress every six months, and 2017. One was resolved, and we protection issues. They have since delivered the first in February 2017. The continue to follow up on the second. been approved for Special Services Ombudsman and senior staff have met at Home funding and for out-of-home The first case involved an 11-year- with Ministry officials several times to supports. We continue to follow up old boy with complex special needs discuss what concrete steps are being with the Ministry on this case. who was under a temporary care taken. We have also identified individual agreement with a children’s aid cases of adults with developmental Case summaries disabilities who continue to be society when his mother was told inappropriately housed in hospitals and she would have to surrender custody long-term care homes – sometimes for permanently to continue to access Found money years, and our senior staff meet with special services for him. After our A woman who was owed more than Ministry officials on a regular basis to intervention, the Ministry confirmed $100,000 in support payments find placement solutions. that the proper procedure was not complained to us about FRO’s lack followed, and it initiated a review of of enforcement action against her Care and custody of children all similar temporary care agreements ex-husband, even though she had with severe special needs in the region. It also expedited the provided information about his assets, mother’s application for complex Report: Between a Rock and a Hard finance and employment situation. special needs funding for the boy. Place, released May 2005 Our review of the case determined Investigation update: In the second case, the family of a that FRO had failed to act, and as Even 12 years after 16-year-old boy with an intellectual a result, it took several actions, the publication of disability and bipolar disorder also including garnishing his wages and this report, our had a temporary care agreement registering a lien against his property. Office continues to with a children’s aid society. The The woman received almost $100,000 receive complaints agreement had ended in 2015, but in less than a year.
2016-2017 Annual Report Office of the Ombudsman of Ontario 29 No place like home Message mistake Tale of two cities The parents of two adult sons with After an ODSP recipient left her A Toronto woman who was seeking highly complex medical needs and case worker a message asking about rapid reinstatement of ODSP benefits developmental disabilities contacted reporting employment income, she was staying with a relative in Oshawa our Office because they felt they were was surprised to discover her benefit while undergoing medical treatment. in crisis. They wanted to continue entitlement was suspended. The worker The ODSP office in Oshawa told her to care for their sons at home, but had done this without even speaking she would have to apply through their were experiencing their own health to the woman – who was not actually Toronto office – but she was too ill to challenges. The sons needed round- employed, but only seeking information. travel, and worried that she could not the-clock care, the family’s funding She then could not reach the worker, make ends meet without benefits. Our through the Ministry’s Passport program and was worried she would not be Office contacted the Oshawa office was almost exhausted, and they had able to pay her rent. Ombudsman staff manager, who arranged to have a case already received the maximum amount contacted the ODSP manager, who worker visit her at her relative’s home of personal support worker hours from ensured the suspension was lifted and and courier the requisite documents to the local Community Care Access the woman continued to receive her the Toronto office, where her application Centre. After our Office made inquiries benefits. was approved. with a program supervisor, the Ministry of Community and Social Services collaborated with the Ministry of Health and Long-Term Care to review the family’s case, and jointly provided funds for additional in-home supports.
30 2016-2017 Annual Report Office of the Ombudsman of Ontario We received 2,667 general complaints Municipalities will continue to have the about 328 of Ontario’s 444 option to appoint other accountability municipalities between April 1, 2016 officers as well, such as a local and March 31, 2017. Most general ombudsman, lobbyist registrar and an complaints were resolved quickly, auditor general. As of March 31, 2017, MUNICIPALITIES without need for a formal investigation there was no official list, but to our – in fact, the Ombudsman has only Office’s knowledge,84 municipalities – GENERAL launched 4 formal investigations had already appointed an integrity into general complaints about commissioner and 209 had a council municipalities since January 2016, code of conduct. We also know of 24 including one systemic investigation into municipalities that had appointed a Overview and trends non-competitive procurements local ombudsman, 5 that had a lobbyist in cases in Brampton. registrar and 3 an auditor general. New legislation – The legislation also makes a major The Ombudsman’s jurisdiction over change to the open meeting rules, municipalities – which came into effect accountability officers and permitting more exceptions to the in January 2016 – responded to a open meeting exceptions requirement that all meetings of strong, longstanding public demand. It Our Office was consulted by the councils, committees and local boards also coincided with review of the main Ministry of Municipal Affairs as Bill 68 must be open to the public. More legislation governing municipalities, was developed, and the Ombudsman information can be found in the next which culminated in the passage of Bill made a submission to the legislative chapter of this report. 68: Modernizing Ontario’s Municipal committee before it was passed, Councils and committees Legislation Act, 2017, in May 2017. recommending amendments based The new law will bring significant on our experience in overseeing By far, the most common topic of changes to municipalities’ own internal municipalities. Significantly, the new complaints about municipalities is local accountability mechanisms and complaint law will require every municipality to councils themselves. We received processes, which will in turn affect how have a code of conduct and to provide 509 such complaints in 2016-2017, our Office handles cases relating to access to an integrity commissioner. The comprising more than 19% of all general municipal issues and complaints Ombudsman strongly supported these municipal complaints – not including about closed municipal meetings. changes. complaints about closed meetings.
TOP 5 MUNICIPALITIES BY CASE VOLUME 1 3 Toronto 2 4 Hamilton 5 Ottawa London Sudbury 305 123 86 77 64
2016-2017 Annual Report Office of the Ombudsman of Ontario 31 These came not just from members of for recording meetings, which they ombudsman’s report was tainted by an the public, but also from municipal staff raised with their council colleagues. inherent conflict of interest, because and members of council. As a result, the municipality revised the ombudsman was hired by the city. Of course, some people complain its procedure by-law to specify what We found there was no issue with the because they disagree with decisions information should be included in relationship between the council and the of council. Our Office cannot overturn meeting minutes. local ombudsman. decisions and generally focuses on Codes of conduct and accountability Public conduct administrative issues, but we have officers often suggested ways that councils We also advised several municipalities Many complaints relate to the conduct and committees can improve their to establish policies for dealing of members of council, which is why the practices and procedures. For example, with difficult behaviour, in light of Ombudsman has routinely suggested when two councillors from a small complaints from residents who were that all municipalities have codes of municipality complained about the way banned from contacting municipal staff their council added items to agendas conduct, and supported this change in or accessing services – sometimes and kept minutes, we provided them the new legislation. Our Office’s role without explanation. When we receive a with some information on best practices is not to replace local accountability complaint from someone whose access officers, but rather to ensure they to their municipality has been limited, function as they should. Over the past such as through the imposition of a year, prior to the passage of Bill 68, service restriction or trespass notice, Ombudsman staff frequently reached we look at the process followed by the out to municipalities to explain the municipality to determine if it was fair, transparent, and based in a policy or TO intended role of integrity commissioners. GOOD by-law. KNOW Similarly, we advised several municipalities to address conflict of By-law enforcement interest in their codes of conduct. One municipality had told a resident that The 251 complaints we received in municipalities were not allowed to do this area were divided amongst those who felt municipal bylaws were too so, and she would have to pursue her heavy-handed, and those who felt complaint in court. We explained to the Cases related to they weren’t enforced enough. The municipality that this was not the case, Ontario Works are enforcement of by-laws is discretionary, and in fact, it is a best practice, to catch summarized in the Social but our Office looks at administrative Services chapter of this concerns that fall outside the scope of fairness; for example, whether or not a report, and cases related to Municipal Conflict of Interest Act. municipality enforces a bylaw in a fair municipal hydro corporations In a few cases, we reviewed complaints appear in the Energy & and transparent manner. about the decisions of integrity Environment chapter. We reviewed complaints from residents commissioners, to determine whether A breakdown of cases by in one municipality who were confused they followed a fair practice and municipality can be found in by the fact that its by-law limited provided sufficient, evidence-based the Appendix. backyard fires, but its enforcement reasons. In one such review, we For information about our policy online was more lenient. When advised an integrity commissioner investigations of closed we raised this with municipal staff, they that he should link his findings to the municipal meetings, see the confirmed that they planned to bring the applicable authority granted in the next chapter. by-law to council to suggest that it be municipality’s terms of reference. We made consistent with the more lenient also reviewed a complaint that a local enforcement policy.
32 2016-2017 Annual Report Office of the Ombudsman of Ontario Housing Many municipalities and social services administration boards provide or fund community housing services. We received 220 complaints about municipal housing in 2016-2017, several of which involved vulnerable people facing unsafe living conditions or eviction. In one case, a tenant with a disability applied to her municipal housing authority for an additional bedroom to accommodate exercise and therapeutic equipment to help her manage pain. A local housing review panel denied her request, without explaining it clearly. When we contacted the panel, we were told the medical evidence the woman provided did not support her request, and they agreed to send her a letter January 29, 2017: Ombudsman staff speak with municipal stakeholders at the Rural Ontario Municipal explaining the reasons and how she Association conference in Toronto – one of many municipal events we attended to engage with municipal could reapply if she obtained more officials and share information about how we work. medical evidence. A woman who was living in a shelter contacted us after she was told her water pipes, or customer service. We In another case, a man complained that application to be added to a local also received 101 complaints related to water flowed from the road in front of housing registry was denied because municipal infrastructure, chiefly roads. his home onto his property, causing she owed thousands of dollars in arrears flooding, and the municipality would In one case, a tenant who had been to a former social housing provider. not explain why it refused to install making automatic payments on his She was not aware that she owed any a curb to block the water. We spoke water bill built up a $600 credit. The money, and our inquiries revealed that to municipal staff, who said they had neither the local district social services municipality agreed to refund this explored several options and offered to administration board, nor the housing money to him, but when he still hadn’t install an asphalt gutter, but the man provider, had any record showing received it months later, he stopped had refused. The municipality agreed to that she did. As a result, the board paying. The municipality then sent send him a detailed letter setting out the agreed not to enforce collection of the him a bill for almost $400, including a various options it had considered and unverified arrears, and allowed her late payment fee. We contacted the the reasons for its decision to propose application to proceed. municipality, which told us the man’s a gutter instead of a curb. It was the landlord had sold the house and the first written communication the man Infrastructure, water and credit owing was not transferred to had received in more than three years roads the new account the municipality had of dealing with the municipality on this created. It agreed to waive the late issue, and he appreciated being provided We received 115 complaints about payment and to transfer the credit to with its reasons, even though it wasn’t municipal water or sewer services in the tenant’s new account. the outcome he sought. 2016-2017, relating to billing issues,
2016-2017 Annual Report Office of the Ombudsman of Ontario 33 Investigations opted to launch an investigation, and Non-competitive investigators went to Red Rock to procurements in Brampton conduct in-person interviews and Trespass notice against gather information. Report: Procuring Progress, released March 2017 councillor in Red Rock We discovered that the township’s In May 2016, at the request of the city Report: Counter Encounter, released Clerk/Chief Administrative Officer, May 2017 who witnessed the events leading up of Brampton, the Ombudsman launched to the complaint and also investigated an investigation into the city’s policies, Red Rock is a township on the north them, issued the trespass notice by-laws and procedures regarding non- shore of Lake Superior, with fewer without reporting to council, contrary competitive procurements, and ultimately than 900 residents. This investigation to township policy. The ban remained found no evidence of maladministration. involved the unusual situation of an in force since 2014, even though there However, in the interest of improving elected member of council who was were no further incidents. transparency and accountability in banned from municipal property during Brampton as well as other municipalities, The Ombudsman made 11 business hours. The trespass notice had the Ombudsman’s report on the recommendations to the township been in effect since before the councillor investigation identified several ways was elected, after a municipal employee to improve its practices and policies, the city could improve its practices and complained that an interaction with including that it immediately oversight of purchasing. These included him when he went to file his nomination withdraw the trespass order. Not appointing an auditor general, increasing papers for the 2014 election left her only did the township not accept this training for staff and council members, feeling uncomfortable. The councillor recommendation, it had police remove and adding qualified members of the complained to our Office that the the councillor from the meeting at which public to the city’s audit committee. municipality’s process for issuing the our preliminary report was discussed. City officials noted that many of the ban against him was unfair. The Ombudsman found the township’s suggested improvements were in actions to be unreasonable, unjust and As we do with all complaints we receive, line with changes already underway, contrary to law – and urged Red Rock Ombudsman staff worked to resolve the and Mayor Linda Jeffrey issued a council to reconsider its position with matter without a formal investigation. statement in support of establishing an the public interest in mind. However, after repeated attempts to do independent auditor general. so were unsuccessful, the Ombudsman
TOP 5 CASE TOPICS
1 Council / 3 Ontario committees 2 Works 4 By-law 5 Housing enforcement Hydro / 248 electricity 509 251 220 194
34 2016-2017 Annual Report Office of the Ombudsman of Ontario I thank the Ombudsman for his report. His findings reinforce [our] commitments and provide clear recommendations on furthering transparency and accountability… I am therefore supportive of the Ombudsman’s recommendation “in establishing a permanent, independent Auditor General to provide external oversight of the City. ” – Brampton Mayor Linda Jeffrey, press release, March 6, 2017 Case summaries and code of conduct for its chief building the mayor conceded that the policy, official. It has since established a code which had been affected by a change to of conduct and posted it on its website. provincial legislation, was not followed. Rude awakening Given that the land no longer belonged A man complained to his municipality All wet to the municipality, we suggested it after a member of council called him After a man complained to us that make a sincere apology to the man. The names in an email. He was not satisfied his municipality had not responded to municipality acknowledged its mistake when the mayor offered to bring him his letter about flood damage to his and issued a written apology to the and the councillor together for a private basement, municipal staff initially told resident. meeting. Ombudsman staff suggested us they didn’t answer because they he raise his concerns with the municipal deemed the complaint to be without clerk, but this prompted another merit. They then sent the man a letter disparaging email from the councillor. in which they made findings about Our Office suggested that the water and drainage on his property. municipality seek the assistance of its However, when we asked about this, newly appointed integrity commissioner staff conceded they were not actually TO for training on dealing with difficult qualified to make these findings and GOOD complainants. The municipality committed to send qualified inspectors KNOW accepted this feedback. to his property. Building good policies Sold out A man who had a complaint about his A man contacted our Office after his municipality’s chief building official municipality closed and sold a road contacted our Office because his allowance adjacent to his property. Looking for more information municipality did not have a code of His family had used the land to on how we handle cases conduct in place, even though this is access the river, but they were not related to municipalities? required by the Building Code Act. notified by the municipality or given Watch our webinar on We spoke to the municipality and the chance to purchase a portion of our website – available in confirmed that it had taken steps to the land, contrary to municipal policy. English and French under respond to the man’s concerns. Still, The municipality initially told him it “video resources.” we pointed out that it should have a had correctly followed procedure, but publicly available complaints procedure when our Office intervened, staff and
2016-2017 Annual Report Office of the Ombudsman of Ontario 35 The Ombudsman is not an enemy to us. The Ombudsman is there to ensure we’re MUNICIPALITIES following the format that is recommended in “the Municipal Act. – CLOSED – Timmins Mayor Steve Black, quoted by Timmins Daily Press, November 9, 2016 MEETINGS ” Overview and trends Ontarians could bring concerns about 2001 – an increase of about 13% over municipalities to us was to do so via a the period covered in our last Annual in cases closed meeting complaint. Now, closed Report. The Ombudsman also found 22 meeting complaints tend to be directly violations of the procedural requirements Our Office has investigated complaints related to transparency in municipal of the Act, and made 33 “best practice” about closed municipal meetings since governance, not other issues – and a recommendations. In most cases, 2008. However, with our mandate higher proportion result in findings that we received excellent co-operation expanded to all aspects of municipal the municipal body violated the open from municipal officials, and our government as of 2016, complaints meeting rules. recommendations were implemented. about closed meetings have declined We looked into 76 complaints about Education, outreach and – to 109 in 2016-2017, from 195 the municipalities where our office was the previous fiscal year. As of March 31, investigator (the rest were referred report database 2017, our Office was the closed meeting accordingly). We reviewed 42 meetings With the recent changes to our mandate investigator for 218 of the province’s of 41 different councils, committees or and to municipal legislation, we have 444 municipalities. local boards. The Ombudsman found worked to educate the public and The decline in complaints is most likely 43% of the meetings reviewed (18) were municipal stakeholders about our role because prior to 2016, the only way illegal under s. 239 of the Municipal Act, and the difference between a closed
CLOSED MEETING CASES
We reviewed reports and meetings 30 letters issued 18 found illegal best practices meetings procedural recommended violations found 33 42 in 22 41 76complaints municipalities of meetings reviewed 43% were illegal
36 2016-2017 Annual Report Office of the Ombudsman of Ontario GOOD TO meeting investigator and an integrity requirements are set out in s. 239 of commissioner. We also encountered the Act, but most are discretionary; KNOW several local boards that were not aware they involve such topics as personal that they were subject to the open matters about an identifiable individual, meeting rules - and were holding illegal acquisition or disposition of land, labour meetings, until our Office investigated relations or litigation. The Ombudsman and recommended that their recommends that municipalities municipalities train all board members keep meetings open to the public A breakdown of cases by on the rules. wherever possible. municipality can be found in the Appendix. Closed meeting cases tend to be quite New law, new exceptions different from our work with more With the passage of Bill 68, the general complaints, which rarely result Modernizing Ontario’s Municipal in formal investigations. Whether Legislation Act, 2017, four new they are conducted by our Office exceptions have been added, which will or another investigator appointed otherwise deal with any matter in a way allow municipalities to close meetings by the municipality, closed meeting that materially advances the business in more circumstances: For example, investigations must focus strictly on or decision-making of the council, local when discussing confidential information the open meeting requirements in the board or committee.” supplied by another government body, a Municipal Act, 2001. They involve “trade secret,” certain types of financial The new law will also require considerable legal analysis, which is set information, or a plan for negotiations. municipalities to respond to closed out in reports and recommendations We investigated several cases in 2016- meeting reports. They will have to pass aimed at improving the transparency of 2017 where councils and local boards a resolution stating how they intend to municipal practices and procedures. – including the Town of Grimsby, City of address each report. There is no central library where closed Niagara Falls, and the Niagara District Most commonly used – and misused – meeting investigator reports can be Airport Commission – illegally closed exceptions searched, although all of our Office’s meetings to protect allegedly sensitive reports are on our website and on the business information, prior to the new The exception most often cited for Canadian online legal decision portal, law being passed. closing meetings is s. 239(2)(b), for CanLii. However, later in fiscal 2017- discussions about “personal matters When the bill was considered by the 2018, we plan to publish a searchable about an identifiable individual.” Standing Committee on Social Policy digital digest of closed meeting cases This is also the most incorrectly cited on April 11, 2017, both the Ombudsman through our website, for the benefit of exception, as municipalities grapple with and the Information and Privacy municipal officials and anyone interested what counts as “personal.” Commissioner, among others, argued in municipal law and governance. against these new exceptions, on the Among the cases we looked at in Exceptions to the rule grounds that they were too broad and 2016-2017, the Laird Fairgrounds could potentially reduce municipal Management Board held a discussion Closed meeting investigations centre transparency. However, both supported that fit the exception when it talked on requirements in the Municipal Act, the law’s new, clearer definition of a about individuals in a way that went 2001 that say all meetings of municipal “meeting” as “any regular, special or beyond their professional capacity. councils, local boards or committees other meeting of a council, or a local So did the Municipality of Temagami must be open to the public, unless board or of a committee of either of council when it went in camera to talk they meet certain narrow criteria. them, where, (a) a quorum of members about unproven allegations about The exceptions to the open meeting is present, and (b) members discuss or the mayor.
2016-2017 Annual Report Office of the Ombudsman of Ontario 37 GOOD TO Commission’s meeting to discuss a Every municipality and local board KNOW topic that it intended to seek legal must pass a procedure by-law that advice about in the future. However, in provides for public notice of meetings. meetings held by the Municipality of We recommended improvements to Temagami, the Town of Amherstburg, several municipal procedure by-laws to the City of Timmins and the City of specify how and when public notice of Greater Sudbury, lawyers were not meetings is given. Reports on the cases cited present but legal advice was provided in this chapter can be found We also found several procedural in writing or conveyed by staff; these on our website. violations where councils closed meetings were within the exception. meetings without giving information The “litigation or potential litigation” about the matters to be discussed exception can be used when there before doing so – including Norfolk is a reasonable prospect of litigation County and the cities of Timmins, Similarly, when the Township of Leeds – as council for the Township of Brockville and Greater Sudbury. In and the Thousand Islands, the City Georgian Bay did after receiving verbal other cases, we cautioned councils like of Greater Sudbury, and the City of threats of litigation from community that of the Town of Amhertsburg not London talked about the skills, work members over the zoning relating to to stray from the topics cited in the experience, performance or conduct of a dock. Similarly, the Municipality of resolution once they were in closed specific individuals, their discussions Brockton and the Walkerton Business session. fit within the exception. When council Improvement Area closed meetings for the Township of Russell discussed that fit within this exception after This is a recording the salaries of specific employees, it receiving a lawyer’s letter requesting The Act requires that minutes be constituted personal matters – but their specific action. However, theTown taken of all meetings, whether or not discussion of councillor remuneration of Grimsby was not entitled to rely they are open to the public – and they did not. on the exception when it discussed should include substantive details of Nor did the Town of Amherstburg’s a contentious topic in camera out of the matters discussed. The cities of discussion about reimbursing a concern that it might attract litigation Timmins and Greater Sudbury both in the future. councillor for expenses incurred in an failed to include enough detail in their official capacity. According to procedure minutes of closed meetings in recent Discussions that touch on legal matters cases we investigated. The Municipal Act sets out can also result in confusion and Our Office routinely recommends requirements for procedures that must potential complaints, if the exceptions that councils make audio or video be followed to ensure the public can for “solicitor-client privilege” or recordings of all meetings, including observe local government in process. “litigation or potential litigation” are closed ones, to ensure the most incorrectly cited. These include giving public notice of reliable records. We are aware of meetings and passing a resolution in For example, when the City of Niagara at least 19 municipalities that have open session before closing a meeting. Falls closed a meeting at which the approved this practice, with the City We investigated several cases this city’s lawyer was present, but did not fiscal year in which municipalities failed of London voting in March 2017 to provide any advice or even participate to follow procedure. For instance, a do so, joining the cities of Oshawa, in the discussion, it did not fit within the committee meeting in the Township of Brampton, Niagara Falls and Welland, “solicitor-client privilege” exception. Hornepayne was illegal because it was among others. Nor did the Niagara District Airport held without any notice to the public.
38 2016-2017 Annual Report Office of the Ombudsman of Ontario Case summaries asked by councillors materially advanced council’s business and decision-making, constituting an illegal meeting, outside Learning opportunity the scope of “education or training.” Council for the City of Oshawa held a closed meeting on December 17, 2015, Too secret to hear from the city-owned Oshawa When council for the City of Timmins Power and Utilities Corporation. The went in camera on June 27, 2016 to talk meeting was closed under the exception about the city’s Chief Administrative for “education or training,” and the Officer retiring, the discussion fit within resolution indicated that the corporation the exception for personal matters. would be educating council about However, council went on to discuss “local distribution company trends.” the recruitment process to replace However, during the closed meeting, him, which did not fit within any of council was provided with information the exceptions in the Municipal Act. about a proposed merger between the Council also decided during the closed corporation and another, and given the meeting to form a hiring committee and opportunity to ask questions about used a secret ballot process to appoint September 21, 2016: Ombudsman Paul Dubé speaks to the Association of Francophone it. Although council did not debate members – this was illegal, as the Act Municipalities of Ontario in Hearst. the merger or make a decision, the prohibits such votes in closed sessions. information presented and the questions
Our council is always fully co-operative with the [Ombudsman’s] process and we are very cautious about the reasons for when we go in camera… It is healthy in our democracy for this level of oversight… I welcome the investigation “as I do with all of them. ” – London Councillor Josh Morgan, quoted by Blackburn News, November 23, 2016
2016-2017 Annual Report Office of the Ombudsman of Ontario 39 And although the MAESD directly disability accommodations for students. administers Ontario’s colleges of applied We also received complaints about arts and technology, private career tuition refunds, instructor conduct, colleges and other training programs, college labour relations matters, and universities have a different governance issues of bullying and harassment. Universities EDUCATION structure – see the chapter We resolved most complaints informally – PROVINCIAL of this report. through referral to officials at the We received only 52 general complaints colleges in question, or to the Ministry MINISTRIES AND about the Ministry of Education in (or in the case of labour matters, to the 2016-2017, a significant drop from256 appropriate professional association). PROGRAMS the previous year. Complaints about As an office of last resort, we look at the Ministry of Advanced Education whether the college has established and Skills Development (formerly the and followed fair procedures. For Ministry of Training, Colleges and example, one student complained to Overview and trends Universities) also declined to 396 us after his college suspended him for in cases from 501 in 2015-2016, when it was misconduct and required him to undergo still dealing with issues related to the a psychological assessment before he sudden closure of Everest College in could return to classes. We reviewed At the provincial level, the Ministry of February 2015. the evidence considered by the college’s Education and the Ministry of Advanced appeal panel and determined it had Education and Skills Development Colleges of applied arts and followed its procedures. (MAESD) are responsible for everything from early childhood education through technology Similarly, when a student’s mother to post-secondary and post-graduate Complaints about Ontario’s 24 colleges complained about her daughter failing studies, as well as various assistance of applied arts and technology increased a college course, we confirmed that the programs for students. However, to 161 in 2016-2017 from 137 the college had a clear, two-stage grade individual school boards – discussed in previous year. Similar to the complaints appeals process, which the student had the next chapter of this report – deal we receive about universities, the most not pursued after her first attempt at with day-to-day administration of common issues were fees, academic appealing her mark. schooling children through Grade 12. decisions, program requirements and
TOP 5 CASE TOPICS
Colleges of 1 applied arts 3 Private and technology 2 career Second 4 colleges 5 Ontario Student Career Assistance Program College of Trades 161 134 35 22 20
40 2016-2017 Annual Report Office of the Ombudsman of Ontario However, when a student from the from 2005, when she had claimed their training delivery agent is non- U.S. was told he could not enrol bankruptcy. The student told us she approved. The man’s application was in an Ontario college because the had already submitted information approved and we were advised that assessment of his high school about this to OSAP in 2010 and 2014, the new guidelines would be made credentials was delayed by a firm used and that her post-secondary institution available publicly across the province. by the Ministry, our staff spoke to the had it on file. Our staff contacted college on his behalf. Rather than make OSAP and pointed out that its delay Ontario College of Trades him wait another year to start classes, was preventing the student from Our Office received20 complaints the college permitted him to write a paying her tuition. OSAP reviewed about the College of Trades’ increase Grade 12 math equivalency test, which her file, confirmed the information in registration fees, as well as delays he passed, enabling him to enrol. already provided was sufficient, and in receiving the results of trade certification examinations. Most Another college agreed to make the student received the funding she applied for. of these complaints were resolved more information available about through informal referral to the insurance eligibility for students with Second Career college’s staff or complaint process. permanent disabilities after a woman For example, when a man complained complained that the student health The Second Career program offers that he hadn’t received his trade insurance plan provided her less skills training and financial support for certification in over a month, and he coverage than expected. Our inquiries laid-off, unemployed or underemployed needed it to obtain work, our staff with the college confirmed that, as workers, or others who want to train for made inquiries with the college. We an accommodated student, she was new work. We received 35 complaints were told that it normally takes 4-6 weeks to send out certifications, but eligible for full coverage while taking a about the program, up from 28 in college officials agreed to expedite 40% course load. She had fallen below 2015-2016 – most of which related to a copy so the man could use it for that threshold when she dropped a the program’s decisions on funding employment purposes. course, but was not aware of this. eligibility or service issues. The college has since initiated efforts In one case where we helped a Second to improve its communications to Career applicant, our intervention students about health coverage. also prompted a provincewide change to the program’s guidelines. A man Ontario Student Assistance training to become an electrician was GOOD TO Program (OSAP) told his application was denied because Complaints about OSAP, which his training provider was not on the KNOW provides grants and loans to college Ministry’s approved list. The man and university students, declined contacted the school, which verified to 134 in 2016-2017 from 155 the that it had other students whose previous year. These commonly training was funded through Second involved issues with OSAP decisions, Career. After Ombudsman staff spoke Cases related to school delays or communications. with a regional official, the Ministry’s boards and universities are Program Development Branch reviewed summarized separately in For example, OSAP put a hold on a the Second Career guidelines and the next two chapters of student’s application for assistance for this report. determined that all pre-apprentices the 2016-2017 academic year because are eligible for the program, even if it wanted her to provide information
2016-2017 Annual Report Office of the Ombudsman of Ontario 41 Investigations Case summaries Not a loan A student who moved back home to live Monitoring of unlicensed Zero balance with her parents in the last semester daycares of her two-year college program A student enrolled in a college’s early complained that her OSAP funding childhood education program, but was Report: Careless About Child Care, was denied. Her parents were both released October 2014 unable to attend. She did inform the significantly ill and had lent her $5,000 college, but because she missed the from their retirement fund to pay for Investigation update: deadline to withdraw from the course, The Ombudsman’s school. Ombudsman staff reached out she received a grade of zero and had to OSAP to reassess the student’s investigation into to pay $1,400 in outstanding program unlicensed daycares application, which incorrectly identified fees. Our review determined that there the loan from her parents as a financial was launched after had been miscommunication between the July 2013 death asset. As a result, OSAP provided the the student and college administrators. student with $1,880 in grants. of two-year-old Eva As a result of our intervention, she was Ravikovich at an illegal refunded the $1,400, and the zero grade unlicensed daycare in Vaughan – the was removed from her transcript. fourth death of a child in an unlicenced daycare in seven months. The Ministry of Education implemented all 113 of the Ombudsman’s recommendations GOOD TO to strengthen monitoring of unlicensed daycares and improve inspections and KNOW enforcement. In April 2017, the operator of the illegal Vaughan daycare pleaded guilty to criminal negligence causing death, admitting for the first time that there A breakdown of cases by were more than 35 children in the college can be found in the daycare and that Eva had been left for Appendix. seven hours in a vehicle, where she died of heatstroke.
42 2016-2017 Annual Report Office of the Ombudsman of Ontario buses) was the most common complaint, We also routinely encourage school mainly because of busing problems in boards to share as much information Toronto at the start of the school year as possible with relevant staff and in September 2016. The Ombudsman stakeholders when, for example, launched a systemic investigation individual education or behavioural plans EDUCATION – into the Toronto situation, but we also are put in place for students. resolved dozens of complaints about SCHOOL BOARDS transportation at other boards across Transportation the province. Transportation was by far the most Special education and school closures common theme among school board Overview and trends continued to be major areas of complaint complaints in 2016-2017, with 192 as well. All complaints were resolved cases – the bulk of which related to in cases informally, without need for a formal our systemic investigation into busing investigation. In most cases, our staff issues in Toronto (described under The Ombudsman’s new oversight made informal inquiries with supervisory Investigations). However, we also of school boards took effect on officers at boards to understand their resolved many complaints about busing September 1, 2015, meaning almost two responses to complaints and, where issues in other boards across the full school years have elapsed since we possible, to suggest improvements province through informal inquiries with began taking school board complaints. to their processes and increase board and transportation officials. The volume of complaints has increased transparency. For example, when their board’s steadily as awareness about our In reviewing complaints from across transportation consortium cancelled oversight has grown: We received 945 the province, we have also noticed school buses in their neighbourhood cases in fiscal 2016-2017, compared to some variations in school board because a new development provided a 398 in the seven-month period of 2015- policies and administrative procedures. walking route for many of the children, 2016 after our new mandate began. The Where appropriate, we have made parents complained about dangerous number of boards complained about also suggestions to boards to promote traffic conditions along the route. Our grew – to 64 from 54 last year. consistent standards – for example, in review indicated the consortium’s decision The main topics of complaint remained training school board administrators in was consistent with the school board’s consistent. Transportation (school investigation and note-taking techniques. policy; however, we are monitoring
CASES BY TYPE OF BOARD 20 268 French Catholic English Catholic boards 583 boards 945TOTAL English public 13 French public boards Board or school boards 61 not specified
2016-2017 Annual Report Office of the Ombudsman of Ontario 43 developments, as the consortium has Education Minister announced public In a letter that the board posted on its agreed to work with a traffic committee consultations on the issue in April 2017. website, Ombudsman staff explained created by the municipality. that our review found the board had The Ministry has specific guidelines for acted within its authority to close the Special education how boards should determine which schools to close and how such decisions schools, but it also agreed to clarify We received 123 cases related to can be appealed. Boards must complete some of its procedures in the interest in transparency. concerns about special education. In a pupil accommodation review process, some cases, we provided referrals which can be challenged if a petition We also received complaints about back to relevant supervisory officers is signed by at least 30% of those the Ministry’s refusal to appoint a affected; this in turn can prompt the and appeal mechanisms. For those facilitator to review another board’s Ministry to appoint a facilitator to review complaints related to the quality or pupil accommodation process. We found the board’s process. sufficiency of special education services, the Ministry’s decision was consistent We received 90 complaints about board our staff worked to help parents and with its policy and procedures, but we decisions to close schools and/or their boards resolve issues informally. noted that it had not communicated pupil accommodation review processes. its decision to the broader school Although our Office does not advocate For example, we received several community. The Ministry agreed to for either families or boards, or for complaints from parents about the ensure its letter was posted to the specific solutions, we can help open the Dufferin-Peel Catholic District School school board’s website, and to make lines of communication. Board’s decision to close two schools, similar letters publicly available in future. which we first referred to the Ministry’s School closures and pupil review process. After the Ministry Trustee conduct accommodation reviews declined to appoint a facilitator, some of the original complainants returned to our We received 42 complaints about the Decisions to close schools are almost Office with concerns outside the scope conduct of elected school trustees, always contentious, and they have of that review – including issues with the including some from trustees recently been on the rise as boards board’s procedural bylaw and allegations themselves, who raised concerns about struggle with declining enrolment. In that a trustee might have had a conflict their boards’ codes of conduct. We the wake of several public protests and of interest because her daughter worked encourage boards to communicate media reports of hundreds of pending at one of the affected schools. clearly with the public about how any closures, particularly in rural areas, the concerns about trustees will be handled.
TOP 5 CASE TOPICS
1 Transportation Special 5 (busing) 3 education Staff and 4 School trustee closings / 2 conduct Student safety accommodation 123 reviews 192 142 92 90
44 2016-2017 Annual Report Office of the Ombudsman of Ontario In reviewing such cases, we suggested of doing so. Integrity commissioners that those affected by exclusions are ways for boards to improve their codes can provide trustees with advice and made aware of their appeal rights. of conduct and processes for dealing independently investigate and report to In one case we reviewed, a student with conduct issues. the board on conduct complaints. was excluded from school because of police-involved incidents that For example, when the Rainbow District Exclusion policies and School Board excluded a trustee took place outside of school, but from in-camera meetings because of procedures his family was not informed of their concerns related to the confidentiality In last year’s Annual Report, we noted right to appeal. Because the board of board communications, we reviewed concerns about a provision of the was providing the student with home complaints from the trustee that the Education Act that permits principals instruction, it believed the exclusion board hadn’t followed its own code of to exclude people, including students, provision of the Education Act did not conduct procedures. We found that from a school if there is a risk to student apply. After Ombudsman staff made the board’s action in this case was safety. These exclusions – formally inquiries, the board acknowledged the inconsistent with its procedures, and called a “refusal to admit” in the Act – family should have been made aware we suggested it deal with the trustee’s happen outside of the formal suspension of the relevant appeal rights, and it concerns at a meeting, and amend and expulsion processes, usually to agreed to develop an administrative its code of conduct. Certain other manage difficult situations involving procedure on exclusions. amendments proposed by the board students with severe behavioural issues. chair were defeated by the board at a Only a few boards have developed Investigations meeting in March 2017. We continue to exclusion policies and procedures, and monitor the board’s efforts to improve we have heard from some that policy its code of conduct procedures. direction from the Ministry of Education School busing issues in Our Office often suggests school boards has been lacking, often leaving boards to Toronto fend for themselves when dealing with consider retaining an independent third Launched: September 2016 party to act as an integrity commissioner contentious and difficult exclusions. Investigation update: On the first for trustees. At the time this report was Our Office encourages school boards day of school in September 2016, our written, only the Toronto District School to develop policies and procedures Office began receiving complaints from Board had one in place, and York Region to ensure the process leading to an frustrated Toronto parents and school District School Board was in the process exclusion is fair and transparent, and
TOP 5 SCHOOL BOARDS BY CASE VOLUME
Ottawa- York Region Toronto Carleton District District District School School 1 School Board 3 5 Board 2 Board 4 Dufferin-Peel Catholic District Toronto Catholic School Board District School 80 Board 40 145 83 71
2016-2017 Annual Report Office of the Ombudsman of Ontario 45 principals about school buses that arrived long after their scheduled times, or didn’t show up at all. The problem continued and grew over the next several weeks. At issue was a shortage of drivers that left both the Toronto District School Board and Toronto Catholic District School Board – which share the same transportation consortium – unprepared.
Parents were concerned about long waits for buses and the safety of children who were left behind or dropped off in the wrong places. Principals were upset that they had received no advance information about possible service disruptions. Several bus drivers also complained April 22, 2017: Ombudsman staff speak to parents about how we can help with school board issues, at an to us about conditions that they felt event organized by Parents Engaged in Education in Markham. contributed to the problem.
Given the volume and gravity of complaints expressed to our Case summaries a teacher had concerns about the Office, the impact on families and student’s performance, there was no some vulnerable students, and the documentation to show he had not met significant taxpayer funding involved, Credit deserved expectations; as a result, he received the the Ombudsman felt a systemic The parent of a high school student credit with a grade of 84%. with autism spectrum disorder investigation was in the public interest. Monitors, not medics Launched on September 26, 2016, the contacted us after she was informed investigation focused on the boards’ by her son’s school that he would The mother of a five-year-old girl with oversight of student transportation not receive credit for one of his medical needs enrolled her in a special and their responses to the delays and courses because he had not met program after she was told a bus monitor disruptions at the start of the 2016- course expectations. The mother’s would be assigned to administer the child’s medication if needed. But in fact, 2017 school year. understanding was that her son had passed all tests and assignments. bus monitors are not trained to give any As of the writing of this report, the Ombudsman staff spoke with a medication except EpiPens or asthma Ombudsman’s findings had been sent superintendent and encouraged inhalers in certain situations. After the to the boards and consortium for a the board to review the mother’s mother opted to withdraw her daughter response. The report will be finalized concerns and provide any relevant from the program, the school board and and released before the start of the documentation to ensure a transparent transportation consortium revised their 2017-2018 school year. decision-making process. The busing request forms and process to board determined that although clarify the duties of bus monitors.
46 2016-2017 Annual Report Office of the Ombudsman of Ontario We received 175 complaints about were referred to the relevant unions or 19 different universities, and all professional associations. were resolved through informal inquiries or referrals, without need Graduate supervision and EDUCATION for formal investigation. Common academic appeals complaints were not unlike those we Academic decisions and appeals were – UNIVERSITIES received about colleges – relating to the most common topic of complaint academic decisions and appeals, fees, regarding universities in 2016-2017. admissions and program requirements. Many of these related to decisions by supervisors of graduate students, or the In many cases, we were able to refer Overview and trends adequacy of supervision. We refer such complaints to the university’s own in cases ombudsman, which exist in various forms at about half of the universities Colleges and universities are similar in in the province. We encourage all many respects, including in the types universities to establish independent of complaints they generate. But unlike and impartial ombudsman offices, as GOOD TO colleges, which are directly overseen well as clear complaint processes. KNOW by the province and have always been As an office of last resort, we do within our mandate, universities have not replace or redo the work of the a different governance structure and university ombudsman or other appeal were not part of our jurisdiction until bodies, but we can review whether legislative changes took effect in the university’s processes and policies January 2016. were fairly followed. A breakdown of cases by university can be found in The 2016-2017 fiscal year is our first We also received complaints about the Appendix. full year of oversight of Ontario’s employment or labour relations 21 publicly assisted universities. matters from university staff. These
TOP 5 CASE TOPICS
Academic 1 appeals 2 3 5 Tuition, fees, Admissions 4 Staff/faculty financial assistance Labour issues 27 21 19 16 13
2016-2017 Annual Report Office of the Ombudsman of Ontario 47 referrals and inquiries with relevant officials at the university level. We have also received a few complaints related to the Ontario Universities Application Centre, which is a not-for-profit agency that reports to the Council of Ontario Universities and charges fees to process students’ applications to universities across the province. As the OUAC appears to lack independent oversight, our Office is monitoring how individual universities and the province respond to concerns about its fees. Mental health and special needs accommodations Working with students who present needs related to mental health is a recurring theme in the university cases we review. When students complain February 16, 2017: Ombudsman staff share information about our work at the annual conference of the Ontario University Registrars’ Association in Toronto. to us about how the university is – or is not – accommodating their special needs, we refer them to the university’s accommodation policies and procedures, complaints to the appropriate academic us that his university had unnecessarily and may make suggestions for appeal mechanism at the university, delayed his academic appeal after he improvement as appropriate. If students although we can review the final complained that a professor did not have concerns under the Human Rights outcome if a student is not satisfied. accommodate his needs. We found the Code, we can refer them to the Human professor had acted in accordance with If our review identifies any gaps in Rights Legal Support Centre or Human university policy, but we discovered the relevant policies and procedures, we can Rights Tribunal of Ontario. make suggestions for improvement. In student’s academic appeal had been Several cases we reviewed were one case, we helped a PhD candidate suspended by the university after it who was denied the opportunity to learned the case might be subject to resolved after we determined that the appeal his failure of a comprehensive legal action – and it had not informed universities in question acted according exam. The university had said the the student of the suspension. We to their policies and procedures. These decision was not appealable, but suggested the university clarify its policy included a case where a student was after we reviewed and inquired about and notice requirements for students unhappy with the university imposing its rationale, it acknowledged it had whose appeals are suspended. a behaviour contract on her after she misapplied its policy and allowed the Fees and Ontario Universities complained that comments made by student to proceed with his appeal. university staff had caused her mental Application Centre We can also make suggestions to help distress, and another where a student universities improve the clarity, fairness Complaints about university fees and alleged discrimination because a or flexibility of their appeal processes. admissions are quite common, and we university would not accommodate her For example, a student complained to are usually able to resolve these through request for an assignment extension.
48 2016-2017 Annual Report Office of the Ombudsman of Ontario Case summaries To be fair A student who had been expelled from Looking for answers university after an academic fraud inquiry complained to us that the university A student complained to us that his failed to respond to its own ombudsman’s university had failed to respond to report on his case, which raised concerns him on several matters, including a about the fairness of the inquiry and the grade appeal, requests for a bursary sanctions it imposed. The university had and a refund for a dropped course. changed its discipline policy in response, We made several inquiries with the but refused to reopen the case. We university and found that it had not reviewed the university ombudsman’s effectively communicated its process report, relevant documentation or decisions to the student, despite and policies, and spoke with senior having taken action in response to administrators. Although our review did some of his concerns. The university not change the outcome for the student, wrote to the student, explaining the the university accepted our suggestion February 16, 2017: Ombudsman General Counsel Wendy Ray speaks to the Ontario university’s position and what actions that it develop a procedural fairness University Registrars’ Association in Toronto. had been taken. guide for its decision-making bodies.
TOP 5 UNIVERSITIES BY CASE VOLUME
1 University 2 of Toronto 3 5 University 4 of Ottawa McMaster University York University Western University, Laurentian University, University of Ontario Institute of Technology, 28 15 12 University of Waterloo 11 10
2016-2017 Annual Report Office of the Ombudsman of Ontario 49 at WSIB and WSIAT, including delays April 2017 budget, the government and adjudicator shortages. We also work announced that workers will receive to resolve individual cases wherever compensation for injuries caused by possible, and refer people to the Fair chronic or traumatic mental stress arising Practices Commission (the WSIB’s from their employment. We continue to EMPLOYMENT internal ombudsman) or the offices of the monitor this issue. Worker Adviser or Employment Adviser, as appropriate. Clothing allowance for injured workers Overview and trends Worker claims of chronic Last year, we reported on a longstanding psychological injury in cases issue involving WSIB’s decision to provide We received complaints in November only partial clothing allowances to workers Complaints in this category declined 2016 from several community legal clinics who used soft back braces between 1996 substantially in 2016-2017, as total and labour specialists, as well as some and 2006 (even though before and after complaints about the Ministry of Labour workers’ groups and individuals about this period, it paid full compensation to dropped to 692 from 828 the previous how WSIB deals with compensation workers whose clothing was damaged year. As in the past, the bulk of these claims related to chronic stress in the by braces). After our intervention, the complaints were about the Workplace workplace. Among their concerns was WSIB agreed to contact all workers Safety and Insurance Board (WSIB) that WSIB does not compensate workers who believed they were not fairly and the tribunal that deals with WSIB for injuries incurred through chronic compensated, and in October 2016, it appeals, the Workplace Safety and mental stress at work (as opposed to sent letters to those who were potentially Insurance Appeals Tribunal (WSIAT) – those incurred by a single incident of eligible for additional compensation. As of although complaint volumes for both acute stress), and that workers instead March 31, 2017, some 4,100 people had declined from last year. We received 492 must pursue lengthy and often costly made claims using the new process, and complaints about WSIB (compared to appeals to have their claims considered. all were compensated. 594 the previous year), and 100 about In January 2017, the Ombudsman met Ontario Immigrant Nominee WSIAT (down from 128). with the Deputy Minister of Labour, who Program Due to the high volume of complaints, advised that the Ministry was expecting our Office has assessed systemic issues to receive government direction on this Another employment-related complaint issue within the coming months. In the trend we noted this year involved the
TOP CASE TOPICS
Workplace Safety and Insurance Board Workplace Safety and Insurance Appeals Tribunal 492 100
50 2016-2017 Annual Report Office of the Ombudsman of Ontario Ministry of Citizenship and Immigration’s Workers’ Groups (ONIWG) released a and procedures, and considering program to nominate immigrants who report in November 2015 alleging that increasing mediation and the use of are skilled workers, entrepreneurs, the Workplace Safety and Insurance videoconferencing to expedite cases. international students and staff of Board was not dealing fairly with The number of active cases had fallen international corporations. injured workers’ medical information, to 7,662 by the end of March 2017. We received 15 complaints about the Ombudsman investigators began an Given this progress, Ombudsman staff Ontario Immigrant Nominee Program in assessment of WSIB’s management of will continue to monitor the issue. 2016-2017, almost all of which were about medical advice for injured workers. delays and communication problems. In 2016-2017, the Ombudsman met Case summaries Although the Ministry had publicized a 90- with the President and Chief Executive day service standard, some people told us Officer of WSIB, as well as senior staff they waited for decisions for more than a Privacy dependent from the OFL and ONIWG, and other year – for some, this meant they had to groups representing injured workers, The widow of a man killed in a incur additional costs to retake language and Special Ombudsman Response workplace accident complained to us tests and resubmit their applications. Team investigators spoke with workers’ that WSIB would not extend survivor Ombudsman staff met with senior groups and health care professionals benefits to her son, because it had no Ministry officials, who said the program about the issue of medical consultants. evidence that the worker, who was had recently experienced a surge in The Ombudsman noted that there not the boy’s biological father, was his applications, overwhelming its service appeared to be a significant effort legal parent at the time of the accident. standards. In May 2016, it temporarily by all involved to deal constructively The decision letter also provided her suspended applications to process those with the issues raised. We continue to no information about how to appeal. already received, pending the launch of actively monitor these efforts and any When we contacted WSIB staff, they a new online application process. When developments. initially told us that, due to privacy it reopened applications for international concerns, they could not contact the graduate students and skilled workers Systemic issue assessment: woman because she was not listed as in February 2017, would-be applicants a dependent on the worker’s file. After complained that the online process, which WSIAT backlog of appeals further reviewing the matter, the WSIB required them to submit their applications Launched: April 2015 agreed to provide the woman’s lawyer within seven days, was not working. with the worker’s file and the relevant Ministry officials advised us that there The Special Ombudsman Response appeal forms. were technical difficulties due to high Team’s assessment of WSIAT’s backlog noted that the tribunal’s normal demand, but it extended deadlines and Appeal apology increased the capacity of the filing portal, workload of about 4,000 active appeals and committed to providing public updates had more than doubled, surpassing A man contacted our Office in on its website. 9,000 by the end of 2015, leaving some frustration after the WSIAT heard only people waiting years for their cases to one of several claims he had filed, when Investigations be heard. A new Chair of WSIAT was he was expecting to have them all appointed in September 2016. The heard at the same time. Our inquiries Ombudsman met with him in January determined that the mixup was due Systemic issue assessment: 2017 to discuss the tribunal’s efforts to the Office of the Worker Adviser Medical advice to WSIB to deal with the backlog – including failing to complete the internal appeals the hiring of more vice-chairs, a pilot process at the WSIB. The Office of the Launched: November 2015 project to review cases earlier and an Worker Adviser formally apologized After the Ontario Federation of Labour increase in the number of hearings. to the man and expedited his appeal, (OFL) and the Ontario Network of Injured WSIAT is also reviewing all of its policies which was ultimately successful.
2016-2017 Annual Report Office of the Ombudsman of Ontario 51 jurisdiction in 2016-2017 – this treatments, such as laser cataract included 19 complaints about Local surgery and physiotherapy, and denials Health Integration Networks (which, of coverage for medical treatments unlike CCACs, remained within our outside Ontario. Where appropriate, jurisdiction). However, we received a we advise complainants of the process HEALTH greater number of complaints about for appealing OHIP decisions. bodies outside our jurisdiction: 528 about hospitals, 60 about long-term Assistive Devices Program care homes and 87 about CCACs after We received 37 complaints about the July 1. These were referred to the Overview and trends Assistive Devices Program (ADP), Patient Ombudsman. We also received mostly involving service issues or denials in cases 16 complaints about the Patient of requests for mobility equipment. In Ombudsman’s office in its first nine one case, we helped a woman get her Like the health care system itself, months of operation; these were about power wheelchair fixed after a wheel oversight of the bodies that administer delayed responses or disagreements fell off and the ADP’s approved vendor health and long-term care services in with decisions, and were informally Ontario is complex. Our Office oversees resolved. would not arrange to repair it. Our staff the Ministry of Health and Long-Term were able to facilitate communication Care, the Ontario Health Insurance Plan Ontario Health Insurance between the ADP and the vendor to get and numerous programs that assist Plan (OHIP) the woman’s chair fixed. with funding drugs and medical devices. However, complaints about patient care Complaints about OHIP dropped Public drug programs – including those related to hospitals, slightly in 2016-2017, to 115 from We received 65 complaints in long-term care homes and Community 144 the previous year, but the most 2016-2017 about Ontario public Care Access Centres (CCACs) – are common issues continued to be drug programs, which fund patients’ now the responsibility of the Ministry’s those related to the renewal and medications and are separate from new Patient Ombudsman, which opened replacement of OHIP cards. We also its doors on July 1, 2016. received complaints from people who OHIP. Of these, 24 were about disagreed with OHIP’s lack of coverage the Exceptional Access Program We received 554 complaints about of certain medical procedures and (EAP), and 20 about the Trillium Ministry programs within our
TOP 5 CASE TOPICS
Hospitals 1 (outside our 2 4 jurisdiction) 5 Ontario Health 3 Long-term Insurance Plan Assistive Drug programs care homes devices (outside our jurisdiction) 528 115 65 60 37
52 2016-2017 Annual Report Office of the Ombudsman of Ontario Drug Program. Many complainants Ten years later, in the wake of news Case summaries questioned how and why funding for reports in April 2015 about delays certain drugs was denied, while others over holiday weekends possibly experienced customer service issues. putting babies at risk, Ombudsman Got him covered One issue that we continue to monitor investigators made informal inquiries A man who had lost all of his after it was raised by a complainant with NSO about its response. In March identification a few years earlier is how the Ministry funds cancer 2016, the Ministry advised us it had sought our help because he was unable to get health coverage drugs that can be taken at home. As approved funding for extended NSO through OHIP. Ombudsman staff one kidney cancer patient noted in a operations on weekends – and for the made inquiries with OHIP about how complaint to us, the Ministry provided screening of a 30th disorder, chronic he could prove he was an Ontario funding for intravenous chemotherapy congenital heart defects. resident. OHIP was able to verify that drugs in hospital, but would not fund the As of November 2016, the NSO was he was a permanent resident through equivalent drugs that were available in operating 7 days/week, and continued Citizenship and Immigration Canada, pill form, to be taken at home. to improve its timelines for blood and granted him temporary health collection and testing. We learned of coverage for a year, to allow him time Investigations 2 cases where aggressive diseases to replace the rest of his missing were detected on weekends, resulting identification. in earlier diagnosis and treatment Screening of newborn babies for those babies. Screening for Delay headache chronic congenital heart defects was Report: The Right to be Impatient, A woman whose migraine medication introduced in February 2017 and is released September 2005 is covered through the Exceptional expected to be rolled out across the Access Program contacted us Investigation update: province by the end of the year. because she was worried about how In 2005, the Special long it was taking the program to Ombudsman Non-emergency medical approve a renewal of her prescription. Response Team’s transfer services She feared she would run out of investigation medication before a new supply was revealed serious Completed May 2011, no report issued approved. Our staff confirmed that problems in the the EAP had received her application province’s newborn screening program, Investigation update: Our and that it would expedite its approval which tests babies’ blood at birth Office continues to monitor the so she would not run out. for preventable or treatable genetic government’s progress in regulating disorders. At that time, Ontario was the non-emergency medical transfer screening for just 2 disorders, and an industry, also known as “stretcher estimated 50 newborns per year were transportation services” in the wake of dying or becoming severely disabled our 2011 investigation. Regulations to from conditions that could be detected deal with this issue under amendments by screening. Immediately thereafter, to the Highway Traffic Act are still in it began expanding the number of progress, pending consultations by the tests through Newborn Screening Ministry of Transportation, which are expected to take place later in 2017. Ontario (NSO).
2016-2017 Annual Report Office of the Ombudsman of Ontario 53 Medical review of driver Duplicate licences licences Over the past several years, the The Ministry’s Medical Review Section Ministry has addressed serious concerns is responsible for reviewing and raised by our Office about the safety TRANSPORTATION responding to physician and/or police implications of duplicate records in its reports about drivers who may be system, after a 2012 case where we medically unfit to drive. It has authority discovered a convicted drunk driver still to suspend licences, and has generated had a valid licence because his licence Overview and trends hundreds of complaints to our Office in suspension was inadvertently entered recent years, largely related to customer against a duplicate (or “ghost”) licence in cases service and administrative issues such record in the Ministry’s database. Cases as document handling, correspondence where duplicate records existed for We received 475 complaints related and communication. people whose licences were suspended to Ministry of Transportation In one egregious case, a driver lost his for dangerous or impaired driving were programs and agencies in 2016-2017 job because the Medical Review Section rectified, and the Ministry’s long-term – a decrease from last year’s 582. erroneously suspended his licence plan is to transition to a new system. The most common area of complaint for nearly a year. The suspension was However, we continue to receive by far is driver licensing, including issued for failure to provide satisfactory complaints about duplicate records and issues involving the medical review medical information, even though the process followed by the Ministry of licences. As we have done for the he did not have a medical condition. and ServiceOntario for matching and past several years, our senior staff Ombudsman staff made inquiries merging them. meet regularly with senior Ministry about the case with the Ministry, which officials to address complaint trends reviewed his file and immediately For example, one man complained and potential systemic issues. This reinstated his licence when it discovered that he only learned the Ministry had proactive work has led to some several administrative errors had been a second record for him after police notable improvements without need made. It also compensated the man for stopped him and charged him with the financial hardship he incurred during for formal investigation. driving with a suspended licence; his the 315 days he was without a licence.
TOP CASE TOPICS
Driver 1 licensing 3 Vehicle (general) 2 licensing 4 Medical review Metrolinx of driver licences 211 116 44 34
54 2016-2017 Annual Report Office of the Ombudsman of Ontario duplicate record showed his licence the Ministry’s computer system. The schedule the education sessions was by had been suspended for more than Ministry has committed to providing phone, and many who tried found they 10 years. After ServiceOntario our Office with regular updates on its could not get through, or faced long merged the two records, he was efforts to deal with this issue. waits on hold. Others faced arbitrary given the okay to drive again – but cancellations and delays, leaving several he then received a letter from the Defective licence plates unable to complete the program before Ministry saying he would first have In recent years, many Ontarians have their licences expired. to go through its graduated licensing noticed the reflective coating on their Our Office met with Ministry officials, and program (normally for new drivers). As vehicle licence plates deteriorating, investigators reviewed the complaints. a result of our inquiries, the Ministry cracking or peeling. A complaint to The Ministry explained that the program reviewed the case and determined the our Office in 2014 about this issue had an unprecedented volume of calls man did not have to do any additional prompted the Ministry to improve in summer 2016 because it had sent out testing. its public communications: It will a large number of notices to drivers in replace the plates free of charge, but Correspondence issues anticipation of a possible Canada Post only if they are less than five years strike. The Minister also wrote to the We have also raised concerns with old (although as of last year, it has Ombudsman to outline what was done the Ministry about how it deals with discretion to extend this in some to address the problem: Among other returned mail – in the wake of several cases). things, the Ministry hired additional complaints from drivers whose licence We continue to monitor the Ministry’s staff to deal with calls and reduce wait renewals, suspensions and other response to problems with the plates, times – and it gave seniors the option documents were sent to the wrong which are manufactured by inmates to contact staff by email or to schedule address or simply not delivered. The at the province’s Central East their appointments with ServiceOntario, 5% Ministry advised us that about Correctional Centre. We received instead of just by phone. 550 of the mail it sends out, or some another 10 complaints in 2016-2017, pieces of mail per week, is returned to most relating toServiceOntario’s its Driver Improvement Offices – and refusal to waive the $40 replacement 52% of these are suspension notices cost for plates that are more than five (the rest are licence cancellations, years old. reinstatements and reminders). GOOD TO Once we escalated this concern to Senior driver’s licence KNOW the senior officials at the Ministry, renewal delays they immediately implemented short In July 2016, we received 30 and long-term corrective measures, complaints from seniors – some including a manual audit of returned of whom were referred by their mail, and system changes that will flag concerned MPP – who encountered drivers whose mailing addresses are long delays and scheduling problems Cases about driver’s licences different from their street addresses. are included in this chapter, in renewing their driver’s licences. It also provided training to its staff while all other cases related to Under the Ministry’s Senior Driver’s and direction to ServiceOntario and ServiceOntario appear Licence Renewal Program, drivers DriveTest to ensure address data in the Certificates & aged 80 and older must complete an Permits chapter. is correctly inputted, and reached education program every two years to out to Canada Post as well. Longer- renew their licences. The only way to term solutions involve upgrades to
2016-2017 Annual Report Office of the Ombudsman of Ontario 55 Investigations Monitoring of drivers with Case summaries uncontrolled hypoglycemia
Driver’s licence Report: Better Safe Than Sorry, Photo finish reinstatements released April 2014 A man who needed a new driver’s Investigation update: licence for work complained to our Launched: May 2017 The Ministry has Office that he could not get one In May 2017, the Ombudsman implemented because he didn’t have adequate photo announced an investigation into how the 13 of the 19 identification. He had tried to use his Ministry of Transportation communicates recommendations Canadian citizenship card, but it was licence suspensions and reinstatements made in this report, rejected at the DriveTest location where to drivers who were suspended for which identified gaps he applied because the photo on it unpaid fines, in the wake of several in its system for was taken 35 years earlier. After our complaints by drivers who had no idea monitoring and reporting drivers with intervention, Ministry officials agreed their licences were invalid. potentially dangerous medical conditions. the citizenship card could be accepted Some continued driving for years, After consulting with the medical as identification, and he was able to and only discovered their licence community, it is in the final stages of apply for a new driver’s licence. suspensions through their insurance drafting regulatory amendments to companies or police. The Ministry the Highway Traffic Act that will Cleared to drive then treated them as new drivers address two of the outstanding A driver who moved to Ontario from and required them to go through the recommendations, by expanding the British Columbia complained to us graduated licencing program. requirements for medical professionals that his job was at risk because of an to report drivers, and allowing medical We have raised this issue informally impaired driving conviction from 13 professionals other than physicians with the Ministry in recent years to years earlier. Although his B.C. licence and optometrists to report. It aims suggest improvements to its suspension was valid, the Ministry would not licence to introduce the new reporting and reinstatement fee notification him in Ontario unless he completed the requirements in January 2018. letters, but complaints have continued, “Back on Track” program and installed indicating a potential underlying a breath-testing device in his vehicle. systemic problem. Of particular concern Ombudsman staff assisted the man is that drivers who are unknowingly in providing relevant documentation suspended are not covered by insurance about his B.C. driving record, which if they are in an accident. This could be met the requirements of the Ministry’s financially catastrophic for them and interprovincial licence exchange could put members of the public at risk. program. He was issued his Ontario licence within two weeks. The investigation is focused on the adequacy and effectiveness of the Ministry’s administrative processes for notifying drivers about licence suspensions and reinstatements, as well as how it monitors suspensions and co- ordinates with ServiceOntario.
56 2016-2017 Annual Report Office of the Ombudsman of Ontario address persistent complaints about as the daughter’s financial guardian. poor customer service, errors and It turned out that the woman’s ODSP communication problems with clients, application had been terminated and had who are often vulnerable people to be refiled. The OPGT acknowledged living with developmental disabilities that it should have acted sooner, and MONEY & or capacity issues. We received it reimbursed the woman $1,368 – the 159 complaints in fiscal 2016-2017, amount she would have received in PROPERTY consistent with last year’s 158. In many ODSP benefits if it had done so. cases, our inquiries have prompted OPGT staff to review available Financial Services information or gather more. Senior Commission of Ontario (FSCO) Overview and trends Ombudsman staff regularly discuss This past year, we received 38 individual cases and complaint trends in cases complaints about FSCO, which regulates with OPGT management, who have such things as pension plans, trust taken steps to make improvements. This category of complaints includes companies and the mortgage and Ministry of Finance organizations such In one case referred to us by an MPP’s insurance sectors. Most complaints as the Financial Services Commission, office, the OPGT had used a client’s related to customer service. For the Ontario Lottery and Gaming funds to purchase insurance for her, example, a former employee of the Art Corporation and the Municipal Property although she was already insured Gallery of Ontario complained to us Assessment Corporation (MPAC), as through the group home where she lived. about what she felt was an inadequate well as the Ministry of the Attorney As a result of our inquiries, the OPGT response from FSCO to her inquiry General’s Office of the Public Guardian agreed to cancel the woman’s insurance about her pension entitlement. She had and Trustee, which handles money and policy and reimburse her the $145 it had written to them twice and received no property matters for people who are paid in premiums. response to her second letter. FSCO incapable of doing so themselves. We also helped an OPGT client who had advised our staff that its customer service standard is to acknowledge Office of the Public Guardian applied for benefits through the Ontario Disability Support Program (ODSP), receipt of an inquiry within five business and Trustee (OPGT) but heard nothing back. The woman’s days and respond within 15. The woman For the past several years, we mother complained to us that OPGT received an apology and a full response have worked with the OPGT to should have followed up with ODSP, to her questions.
TOP CASE TOPICS
Office of the 1 Public Guardian 3 and Trustee 2 4 Ontario Lottery and Municipal Property Gaming Corporation Financial Services Assessment Corporation Commission of Ontario 159 116 51 38
2016-2017 Annual Report Office of the Ombudsman of Ontario 57 Investigations 2013, the last assessment year. These The Ministry made several changes primarily related to disputes about to its public communications as a MPAC’s valuation of properties, and result, and Tarion appointed an internal Municipal Property concerns about the timelines in its ombudsman. However, concerns Assessment Corporation “request for reconsideration” process. about Tarion continued to be raised by Our staff helped facilitate communication the public, MPPs and media, and in Report: Getting it Right, released with MPAC in some cases, or provided November 2015, the Ministry appointed March 2006 information about available appeals. Justice Douglas Cunningham to conduct Investigation update: MPAC also met with our staff, as it has a review of Tarion and the Ontario New More than a decade in past years, to share information on its Homes Warranty Plan Act. after the province latest processes and procedures. In March 2017, the Ministry released responded to this Justice Cunningham’s final report and This ongoing communication has been report by suspending announced it would move forward with encouraging. However, we continue to property assessments his recommendations, including the monitor how MPAC provides information for two years creation of a new, standalone regulator to property owners, beyond simply and overhauling for builders, removing that responsibility referring them to its online portal. The the system, we continue to monitor from Tarion. Other changes are expected Ombudsman’s concern is that a lack complaints about MPAC, which to address the accessibility and reassesses all properties in the province of information could create an unfair effectiveness of the new home warranty every four years. onus situation similar to what we found dispute resolution process. We will in 2006. MPAC has been co-operative The key issue in the nearly 4,000 monitor the Ministry’s response to the to date in addressing complaints and complaints we received in the course of Cunningham report and any resulting concerns about this issue. our 2006 investigation was the unfair changes to the legislation. onus placed on property owners who Public communication about challenged MPAC’s assessments to Case summaries prove they were inaccurate, especially Tarion Warranty Corporation since MPAC closely guarded the data Report: Building Clarity, released June on which assessments were based. 2008 Better late than never The then-Minister of Finance agreed Investigation update: We have A mortgage broker sought our help with the onus should be on MPAC to prove received numerous complaints over the a delay in renewing his licence through its assessments were correct, and the past 10 years about Tarion Warranty FSCO. His brokerage firm had missed Assessment Act was changed to reflect the deadline to pay the $800 renewal fee Corporation, the administrator of this. MPAC subsequently created an to FSCO, which in turn failed to process Ontario’s new homes warranty online portal through which property the renewal before his licence expired. plan. We also receive complaints owners could check and compare their The delay meant he would have to re- about the Licence Appeal Tribunal, assessments with those of similar take a course for his brokerage licence, which adjudicates disputes between properties. This welcome change which would take another month. In the homeowners and Tarion. Although Tarion resulted in a steep decline in complaints; meantime, he requested a refund of the itself is outside of our jurisdiction, in most years, we receive fewer than $800 from FSCO but got no response. in 2008, in light of more than 100 100 (47 in 2015-2016). Ombudsman staff also received no complaints from frustrated homeowners, This past fiscal year was a provincewide response, until we escalated the matter we investigated the narrow issue assessment year – the third since to senior officials. At that point, FSCO of how the Ministry of Government our investigation. We received 116 verified that it had received the man’s and Consumer Services dealt with complaints about MPAC, consistent renewal payment and agreed to issue his complaints about Tarion. with the 108 in we received in 2012- renewed licence immediately.
58 2016-2017 Annual Report Office of the Ombudsman of Ontario this category related to the Registrar inquiries, ServiceOntario began keeping General (which handles documents like records of all incoming mail. It provided birth and death certificates), and other the woman with a health card without licensing bodies. further delay, and offered to help her replace her missing birth certificate. ServiceOntario CERTIFICATES In another case, after a visually-impaired & PERMITS As the frontline provider of most man complained that ServiceOntario identification and official documents staff weren’t sure how to obtain large- to the public, ServiceOntario most print versions of forms for name changes frequently attracted complaints about and death certificates, our Office verified Overview and trends customer service issues, such as long that they had a process for ordering lineups and delays, or rude or poorly large-print forms, and ensured that its in cases informed counter staff. Although we staff were made aware of it. referred the bulk of these cases to The need for timely and accurate ServiceOntario’s Customer Experience Children’s identification identification documents, licences and Office, we did intervene to resolve some We also flagged a trend in complaints permits brings Ontarians in contact individual cases. from parents who had trouble getting with government services every day. For example, a woman who applied identification for their children When those services – many of which for an Ontario Health card complained via ServiceOntario. One mother are delivered through ServiceOntario to us that ServiceOntario had neither of a 17-year-old complained that outlets – don’t work as they should, processed her application nor returned ServiceOntario said her son could not Ombudsman staff can help. her original documents, including her renew his Ontario Health card without We received 280 complaints about the birth certificates, bank statements and a student identification card, which she Ministry of Government and Consumer lease. ServiceOntario told us it returns said she could not afford. Our Office Services in 2016-2017 – a slight all original documents it receives, escalated the case to officials at the increase over last year’s 265. Cases but did not keep logs of incoming Ministry of Health and Long Term Care, related to ServiceOntario were about documents – and in this case, it had who explained that the mother could go the same – 136, compared to 135 the no record of receiving or returning the to ServiceOntario with the teen to serve previous year. Other complaints in woman’s papers. As a result of our as his guarantor.
TOP CASE TOPICS
1 ServiceOntario 2 Registrar General Consumer 3 Protection Branch 136 94 17
2016-2017 Annual Report Office of the Ombudsman of Ontario 59 Births, deaths and name Case summaries changes – Registrar General complaints Identity issue We received 94 complaints about A woman who had surrendered her the Registrar General in 2016-2017, driver’s licence for medical reasons up from 67 the year before. The complained to us that she was having most common issues were customer trouble obtaining a photo identification service problems and delays. card from ServiceOntario. She had presented her expired Canadian For example, we helped a bride-to-be passport as documentation to who wanted to change her surname obtain the new card, but was told it to match her father’s before her wasn’t acceptable. We clarified with wedding. She needed a new birth ServiceOntario and the Ministry of certificate to use for her marriage Transportation that the woman could licence and a new passport. After a still use her surrendered licence as GOOD TO glitch with her credit card payment not photo identification. going through initially, she complained KNOW to us that time was running out and Name changer the Registrar General told her it could In 2001, after years of using his do nothing to expedite her request. stepfather’s surname, a man decided After our staff contacted the Registrar to revert to his original birth surname. General’s office to address the He was issued a short-form Ontario birth certificate reflecting the change. Cases related to driver’s urgency of her request, the woman’s licences can be found in But 12 years later, when he requested new birth certificate was mailed out the Transportation chapter a long-form version, it still showed the within a day. of this report. stepfather’s surname – and officials at In another case, a father complained the Registrar General’s office told him to us after he mistakenly spelled there was no record of his 2001 name his newborn son’s name wrong on a change. He sought our help because birth certificate application. He tried his child’s birth registration, as well as submitting a second application, but all of his legal documents (including his passport, driver’s licence and marriage ultimately received a birth certificate certificate) used his birth surname. with the wrong spelling – and he The Registrar General’s office initially needed a correct certificate in order to responded that the 2001 short-form get the baby a passport so the family certificate had been issued in error, and it could travel to a religious ceremony could not legally change the man’s name. for him. Our staff spoke with the But when Ombudsman staff escalated Registrar General’s office to clarify the case to senior officials, noting that what documents the father should the man had used the 2001 certificate in provide to correct the error. The new good faith for 12 years, they confirmed certificate was issued in time for the they could amend his records and family to obtain the baby’s passport. provided him with new long- and short- form certificates with his birth name.
60 2016-2017 Annual Report Office of the Ombudsman of Ontario Cases in this category also include company on behalf of a customer who public concerns about the Ministry of discovered she had been billed for Environment and Climate Change, a commercial unit in her building for and the Ministry of Natural Resources two years, at rates much higher than and Forestry. her actual level of consumption. The ENERGY & company initially told her to take up ENVIRONMENT Energy issues the issue with her landlord, but after Among the 120 complaints we received we made inquiries, it investigated about the Ministry of Energy were the matter and refunded her for the 55 related to the increasing costs overbilling. Overview and trends of electricity and natural gas, and 10 related to the Ontario Electricity Environment and natural in cases Support Program (OESP), which was resources issues introduced January 1, 2016 to assist Complaints about the Ministry of the There have been several changes low-income households with electricity Environment and Climate Change affecting our Office’s oversight of costs. Electricity rates and delivery increased to 116 in 2016-2017, energy issues in recent years. Most charges, as well as the new support compared to 78 the previous year. significantly, we can no longer take program, are the responsibility of the A common topic continued to be the complaints about Hydro One, which was Ontario Energy Board. Complaints about adequacy of steps taken by the Ministry removed from our jurisdiction when it the OESP related to service delays and to ensure compliance with environmental was partially privatized in June 2015 questions about eligibility. laws and standards. For example, we reviewed concerns from a resident of a (it now has an internal ombudsman, Municipal hydro to whom we referred the bulk of the trailer park about the Ministry’s delay Billing issues were the most common 470 complaints we received in 2016- in addressing the park owner’s failure topic amongst the 194 complaints 2017). However, we continue to oversee to provide potable water. The Ministry we received about municipal hydro the Ministry of Energy, and our new responded that it had conducted a site corporations in 2016-2017. We resolved visit, taken samples that showed the oversight of municipalities means we can these locally wherever possible, without water was drinkable, and required the take complaints about municipal hydro need for formal investigation. In one park owner to have a licensed technician corporations. case, we contacted the local hydro assess the well.
TOP 5 CASE TOPICS
1 Municipal 3 Hydro One 2 hydro Ministry Electricity and 4 of Natural natural gas costs Resources 5 and Forestry 194 Wind turbines 470(outside our jurisdiction) 55 76 54
2016-2017 Annual Report Office of the Ombudsman of Ontario 61 In another case involving a septic waste Environmental impact of wind Case summaries hauler spreading untreated human turbines waste on fields, we discovered that Over the past year, we received 76 the Ministry was not publicly posting complaints about wind turbines – 53 Powerful gesture Environmental Compliance Approvals of which were about the potential A man was upset that it took the Ontario for hauled sewage. It has since publicly environmental impact of a single Electricity Support Program six months posted the list of approved hauled project in the municipality of Chatham- to process his application, even though sewage disposal sites and announced a Kent, which has yet to be constructed its website says it should take 6-8 weeks. but was approved by the Ministry of Our inquiries determined that the delay review of its hauled sewage policy and the Environment and Climate Change was actually exacerbated by the man program. We continue to monitor its in June 2016. Ombudsman staff providing an outdated email address progress on this issue. confirmed with the Ministry that it held on his application; nevertheless, as a Similarly, complaints about the Ministry public consultations on the project, goodwill gesture, the Ontario Energy of Natural Resources and Forestry during which concerns were raised Board agreed to backdate his OESP tended to involve concerns about the about possible water contamination credit six months. adequacy of its protection of habitats as a result of the project. The Ministry advised us that it had addressed these Wires crossed and endangered species, as well as concerns by requiring monitoring issues with fishing and hunting licences. We received complaints from four of well water, groundwater and In one case we reviewed regarding residents in one building who each groundborne vibrations during received catch-up bills from their municipal permits for trapping on certain Crown construction and operation of the lands, the Ministry agreed to clear up hydro company for $2,000-5,000. The facility. As well, it required a complaint company told us it had discovered a wiring confusing information on its website process be set up. We shared this error in the building that caused bills to go about the types of trapping privileges information with the complainants. to the wrong units. A metering company it grants. had investigated, and sent bills and credits out to correct the errors. After we made inquiries with the company, it agreed to waive the amounts owing, since they had resulted from a mistake made by the company’s staff.
62 2016-2017 Annual Report Office of the Ombudsman of Ontario APPENDIX 4,00158%– CASE STATISTICS30% 100362 2.520% 9,5612016-2017 Annual Report Office of the Ombudsman of Ontario 63 TOTAL CASES RECEIVED, FISCAL YEARS 2012-2013 - 2016-2017
30,000 30000 26,999
25,000 25000 23,153 22,118 21,328 19,726 20,000 20000
15,000 15000
10,000 10000
5,000 5000
0 0 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017
HOW CASES WERE RECEIVED, 2016-2017
telephone
in person in 0.31% internet 32.59%
l TELEPHONE, ANSWERING SERVICE, TTY r lette l IN PERSON l INTERNET, EMAIL 6.75% l LETTER, FAX
60.35%
64 2016-2017 Annual Report Office of the Ombudsman of Ontario cases21,328 received
in fiscal 2016-2017
CASES CLOSED A
B
C cases D 14.97%
12,770 E 9.14% within the Ombudsman’s authority
INQUIRIES MADE OR REFERRAL GIVEN l 16.24% l CLOSED AFTER OMBUDSMAN’S REVIEW l RESOLVED WITH OMBUDSMAN INTERVENTION l DISCONTINUED BY COMPLAINANT 6.81% l RESOLVED WITHOUT OMBUDSMAN INTERVENTION 52.83%
cases 53.18% 7,940 0.88% outside the Ombudsman’s authority
18.23% l OUTSIDE ONTARIO l PROVINCIAL OUTSIDE AUTHORITY* l BROADER PUBLIC SECTOR OUTSIDE AUTHORITY** 16.74% l FEDERAL l PRIVATE 10.97%
Out
Pr ov
Br oad
Fe ? d 116 606P consultations informationriv or questions submissions
*E.g., complaints about courts, Stewardship Ontario, Tarion **E.g., complaints about hospitals, long-term care, children's aid societies, municipal police
2016-2017 Annual Report Office of the Ombudsman of Ontario 65 CASES BY PROVINCIAL RIDING,* 2016-2017
AJAX-PICKERING 90 NIAGARA FALLS 169 ALGOMA-MANITOULIN 163 NIAGARA WEST-GLANBROOK 122 ANCASTER-DUNDAS-FLAMBOROUGH-WESTDALE 83 NICKEL BELT 131 BARRIE 172 NIPISSING 125 BEACHES-EAST YORK 132 NORTHUMBERLAND-QUINTE WEST 158 BRAMALEA-GORE-MALTON 106 OAK RIDGES-MARKHAM 110 BRAMPTON WEST 147 OAKVILLE 53 BRAMPTON-SPRINGDALE 86 OSHAWA 200 BRANT 109 OTTAWA CENTRE 107 BRUCE-GREY-OWEN SOUND 138 OTTAWA SOUTH 75 BURLINGTON 84 OTTAWA WEST-NEPEAN 85 CAMBRIDGE 129 OTTAWA-ORLEANS 79 CARLETON-MISSISSIPPI MILLS 115 OTTAWA-VANIER 86 CHATHAM-KENT-ESSEX 105 OXFORD 102 DAVENPORT 86 PARKDALE-HIGH PARK 89 DON VALLEY EAST 60 PARRY SOUND-MUSKOKA 154 DON VALLEY WEST 71 PERTH-WELLINGTON 66 DUFFERIN-CALEDON 117 PETERBOROUGH 120 DURHAM 126 PICKERING-SCARBOROUGH EAST 79 EGLINTON-LAWRENCE 97 PRINCE EDWARD-HASTINGS 182 ELGIN-MIDDLESEX-LONDON 129 RENFREW-NIPISSING-PEMBROKE 121 ESSEX 111 RICHMOND HILL 56 ETOBICOKE CENTRE 86 SARNIA-LAMBTON 148 ETOBICOKE NORTH 91 SAULT STE. MARIE 124 ETOBICOKE-LAKESHORE 121 SCARBOROUGH CENTRE 73 GLENGARRY-PRESCOTT-RUSSELL 132 SCARBOROUGH SOUTHWEST 108 GUELPH 82 SCARBOROUGH-AGINCOURT 44 HALDIMAND-NORFOLK 122 SCARBOROUGH-GUILDWOOD 117 HALIBURTON-KAWARTHA LAKES-BROCK 171 SCARBOROUGH-ROUGE RIVER 50 HALTON 110 SIMCOE NORTH 170 HAMILTON CENTRE 145 SIMCOE-GREY 195 HAMILTON EAST-STONEY CREEK 161 ST. CATHARINES 119 HAMILTON MOUNTAIN 108 ST. PAUL'S 82 HURON-BRUCE 131 STORMONT-DUNDAS-SOUTH GLENGARRY 112 KENORA-RAINY RIVER 93 SUDBURY 140 KINGSTON AND THE ISLANDS 134 THORNHILL 73 KITCHENER CENTRE 79 THUNDER BAY-ATIKOKAN 87 KITCHENER-CONESTOGA 84 THUNDER BAY-SUPERIOR NORTH 124 KITCHENER-WATERLOO 87 TIMISKAMING-COCHRANE 164 LAMBTON-KENT-MIDDLESEX 113 TIMMINS-JAMES BAY 97 LANARK-FRONTENAC-LENNOX AND ADDINGTON 178 TORONTO CENTRE 162 LEEDS-GRENVILLE 141 TORONTO-DANFORTH 91 LONDON NORTH CENTRE 121 TRINITY-SPADINA 154 LONDON WEST 105 VAUGHAN 113 LONDON-FANSHAWE 102 WELLAND 130 MARKHAM-UNIONVILLE 40 WELLINGTON-HALTON HILLS 85 MISSISSAUGA EAST-COOKSVILLE 79 WHITBY-OSHAWA 121 MISSISSAUGA SOUTH 84 WILLOWDALE 86 MISSISSAUGA-BRAMPTON SOUTH 71 WINDSOR WEST 179 MISSISSAUGA-ERINDALE 92 WINDSOR-TECUMSEH 101 MISSISSAUGA-STREETSVILLE 79 YORK CENTRE 97 NEPEAN-CARLETON 99 YORK SOUTH-WESTON 78 NEWMARKET-AURORA 122 YORK WEST 68 YORK-SIMCOE 88
*All cases where a postal code was available, including those related to municipalities, universities and school boards, but excluding correctional facilities.
66 2016-2017 Annual Report Office of the Ombudsman of Ontario TOP 15 PROVINCIAL GOVERNMENT ORGANIZATIONS AND PROGRAMS BY CASE VOLUME, 2016-2017*
NUMBER OF CASES
1 FAMILY RESPONSIBILITY OFFICE 1,036
2 ONTARIO DISABILITY SUPPORT PROGRAM 862
3 WORKPLACE SAFETY AND INSURANCE BOARD 492
4 SOCIAL JUSTICE TRIBUNALS ONTARIO 238
5 DEVELOPMENTAL SERVICES PROGRAMS 216
6 DRIVER LICENSING 211
7 COLLEGES OF APPLIED ARTS AND TECHNOLOGY 161
8 OFFICE OF THE PUBLIC GUARDIAN AND TRUSTEE 159
9 SERVICEONTARIO 136
10 ONTARIO STUDENT ASSISTANCE PROGRAM 134
11 ONTARIO PROVINCIAL POLICE 121
12 MUNICIPAL PROPERTY ASSESSMENT CORPORATION 116
13 TRANSPORTATION – MEDICAL REVIEW 116
14 ONTARIO HEALTH INSURANCE PLAN 115
15 LEGAL AID ONTARIO 111
*Excluding correctional facilities.
TOP 10 CORRECTIONAL FACILITIES BY CASE VOLUME, 2016-2017
NUMBER OF CASES
1 CENTRAL EAST CORRECTIONAL CENTRE 545
2 TORONTO SOUTH DETENTION CENTRE 444
3 CENTRAL NORTH CORRECTIONAL CENTRE 394
4 MAPLEHURST CORRECTIONAL COMPLEX 379
5 OTTAWA-CARLETON DETENTION CENTRE 319
6 VANIER CENTRE FOR WOMEN 305
7 HAMILTON-WENTWORTH DETENTION CENTRE 276
8 ELGIN-MIDDLESEX DETENTION CENTRE 189
9 SOUTH WEST DETENTION CENTRE 158
10 NIAGARA DETENTION CENTRE 147
2016-2017 Annual Report Office of the Ombudsman of Ontario 67 TOTAL CASES RECEIVED FOR PROVINCIAL GOVERNMENT MINISTRIES AND SELECTED PROGRAMS,* 2016-2017
MINISTRY OF ADVANCED EDUCATION AND SKILLS DEVELOPMENT 396
COLLEGES OF APPLIED ARTS AND TECHNOLOGY 161
MINISTRY FUNDED SERVICE PROVIDER 12
ONTARIO COLLEGE OF TRADES 20
ONTARIO STUDENT ASSISTANCE PROGRAM 134
PRIVATE CAREER COLLEGES BRANCH 22
SECOND CAREER 35
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS 13
MINISTRY OF THE ATTORNEY GENERAL 783
ALCOHOL AND GAMING COMMISSION OF ONTARIO 11
CHILDREN'S LAWYER 42
ENVIRONMENT & LAND TRIBUNALS ONTARIO 19
HUMAN RIGHTS LEGAL SUPPORT CENTRE 12
LEGAL AID CLINIC 15
LEGAL AID ONTARIO 111
OFFICE OF THE PUBLIC GUARDIAN AND TRUSTEE 159
SAFETY, LICENSING APPEALS AND STANDARDS TRIBUNALS ONTARIO 21
SOCIAL JUSTICE TRIBUNALS ONTARIO 238
SPECIAL INVESTIGATIONS UNIT 11
MINISTRY OF CHILDREN AND YOUTH SERVICES 157
MINISTRY FUNDED SERVICE PROVIDER 27
SPECIAL NEEDS PROGRAMS - CHILDREN 34
YOUTH CUSTODY FACILITIES 20
MINISTRY OF CITIZENSHIP AND IMMIGRATION 16
MINISTRY OF COMMUNITY AND SOCIAL SERVICES 2,196
DEVELOPMENTAL SERVICES PROGRAMS 216
FAMILY RESPONSIBILITY OFFICE 1,036
MINISTRY FUNDED SERVICE PROVIDER 61
ONTARIO DISABILITY SUPPORT PROGRAM 862
MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES 4,216
CORRECTIONAL FACILITIES 3,998
ONTARIO PROVINCIAL POLICE 121
PRIVATE SECURITY AND INVESTIGATIVE SERVICES BRANCH 13
PROBATION AND PAROLE 45
MINISTRY OF ECONOMIC DEVELOPMENT AND GROWTH 1
MINISTRY OF EDUCATION 52
CHILD CARE QUALITY ASSURANCE AND LICENSING BRANCH 11
MINISTRY OF ENERGY 120
INDEPENDENT ELECTRICITY SYSTEM OPERATOR 16
ONTARIO ENERGY BOARD 68
MINISTRY OF THE ENVIRONMENT AND CLIMATE CHANGE 116
DRIVE CLEAN PROGRAM 10
*Total figures are reported for each provincial government ministry including agencies and programs falling within its portfolio. Each government agency or program receiving 10 or more cases is also included.
68 2016-2017 Annual Report Office of the Ombudsman of Ontario TOTAL CASES RECEIVED FOR PROVINCIAL GOVERNMENT MINISTRIES AND SELECTED PROGRAMS,* 2016-2017
MINISTRY OF FINANCE 261
FINANCIAL SERVICES COMMISSION 38
LIQUOR CONTROL BOARD OF ONTARIO 10
MUNICIPAL PROPERTY ASSESSMENT CORPORATION 116
ONTARIO LOTTERY AND GAMING 51
MINISTRY OF GOVERNMENT AND CONSUMER SERVICES 280
CONSUMER PROTECTION BRANCH 17
REGISTRAR GENERAL 94
SERVICEONTARIO 136
MINISTRY OF HEALTH AND LONG-TERM CARE 554
ASSISTIVE DEVICES 37
COMMUNITY CARE ACCESS CENTRES** 35
HEALTH PROFESSIONS APPEAL AND REVIEW BOARD 17
HEALTH QUALITY ONTARIO - PATIENT OMBUDSMAN 16
LOCAL HEALTH INTEGRATION NETWORKS 19
MINISTRY FUNDED SERVICE PROVIDER 31
NORTHERN HEALTH TRAVEL GRANT 12
ONTARIO HEALTH INSURANCE PLAN 115
ONTARIO PUBLIC DRUG PROGRAMS 65
PERFORMANCE IMPROVEMENT AND COMPLIANCE BRANCH 19
MINISTRY OF HOUSING 7
MINISTRY OF INDIGENOUS RELATIONS AND RECONCILIATION 6
MINISTRY OF INFRASTRUCTURE 4
MINISTRY OF LABOUR 692
EMPLOYMENT PRACTICES BRANCH 29
OCCUPATIONAL HEALTH AND SAFETY BRANCH 18
OFFICE OF THE WORKER ADVISER 10
ONTARIO LABOUR RELATIONS BOARD 30
WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL 100
WORKPLACE SAFETY AND INSURANCE BOARD 492
MINISTRY OF MUNICIPAL AFFAIRS 11
MINISTRY OF NATURAL RESOURCES AND FORESTRY 54
LICENCES/TAGS 10
MINISTRY OF NORTHERN DEVELOPMENT AND MINES 6
MINISTRY OF THE STATUS OF WOMEN 1
MINISTRY OF SENIORS AFFAIRS 1
MINISTRY OF TOURISM, CULTURE AND SPORT 18
MINISTRY OF TRANSPORTATION 475
DRIVER LICENSING 211
METROLINX / GO TRANSIT 34
TRANSPORTATION - MEDICAL REVIEW 116
VEHICLE LICENSING 44
TREASURY BOARD SECRETARIAT 4
**Outside of our jurisdiction after July 1, 2016.
2016-2017 Annual Report Office of the Ombudsman of Ontario 69 CASES RECEIVED ABOUT SCHOOL BOARDS, 2016-2017 TOTAL: 945
ENGLISH PUBLIC SCHOOL BOARDS ALGOMA DISTRICT SCHOOL BOARD 3 AVON MAITLAND DISTRICT SCHOOL BOARD 1 BLUEWATER DISTRICT SCHOOL BOARD 22 DISTRICT SCHOOL BOARD OF NIAGARA 22 DISTRICT SCHOOL BOARD ONTARIO NORTH EAST 3 DURHAM DISTRICT SCHOOL BOARD 27 GRAND ERIE DISTRICT SCHOOL BOARD 15 GREATER ESSEX COUNTY DISTRICT SCHOOL BOARD 9 HALTON DISTRICT SCHOOL BOARD 17 HAMILTON-WENTWORTH DISTRICT SCHOOL BOARD 19 HASTINGS & PRINCE EDWARD DISTRICT SCHOOL BOARD 9 KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD 10 LAKEHEAD DISTRICT SCHOOL BOARD 1 LAMBTON KENT DISTRICT SCHOOL BOARD 8 LIMESTONE DISTRICT SCHOOL BOARD 7 NEAR NORTH DISTRICT SCHOOL BOARD 3 OTTAWA-CARLETON DISTRICT SCHOOL BOARD 80 PEEL DISTRICT SCHOOL BOARD 29 RAINBOW DISTRICT SCHOOL BOARD 20 RENFREW COUNTY DISTRICT SCHOOL BOARD 5 SIMCOE COUNTY DISTRICT SCHOOL BOARD 16 SUPERIOR-GREENSTONE DISTRICT SCHOOL BOARD 1 THAMES VALLEY DISTRICT SCHOOL BOARD 26 TORONTO DISTRICT SCHOOL BOARD 145 TRILLIUM LAKELANDS DISTRICT SCHOOL BOARD 5 UPPER CANADA DISTRICT SCHOOL BOARD 23 UPPER GRAND DISTRICT SCHOOL BOARD 2 WATERLOO REGION DISTRICT SCHOOL BOARD 15 YORK REGION DISTRICT SCHOOL BOARD 40 TOTAL 583 ENGLISH CATHOLIC SCHOOL BOARDS ALGONQUIN AND LAKESHORE CATHOLIC DISTRICT SCHOOL BOARD 1 BRANT HALDIMAND NORFOLK CATHOLIC DISTRICT SCHOOL BOARD 2 BRUCE-GREY CATHOLIC DISTRICT SCHOOL BOARD 1 CATHOLIC DISTRICT SCHOOL BOARD OF EASTERN ONTARIO 2 DUFFERIN-PEEL CATHOLIC DISTRICT SCHOOL BOARD 83 DURHAM CATHOLIC DISTRICT SCHOOL BOARD 10 HALTON CATHOLIC DISTRICT SCHOOL BOARD 2 HAMILTON-WENTWORTH CATHOLIC DISTRICT SCHOOL BOARD 8 HURON-PERTH CATHOLIC DISTRICT SCHOOL BOARD 2 HURON-SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD 3 KENORA CATHOLIC DISTRICT SCHOOL BOARD 1 LONDON DISTRICT CATHOLIC SCHOOL BOARD 9 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 10 NIPISSING-PARRY SOUND CATHOLIC DISTRICT SCHOOL BOARD 1 NORTHEASTERN CATHOLIC DISTRICT SCHOOL BOARD 1 OTTAWA CATHOLIC SCHOOL BOARD 16 PETERBOROUGH VICTORIA NORTHUMBERLAND AND CLARINGTON CATHOLIC DISTRICT 8 SCHOOL BOARD RENFREW COUNTY CATHOLIC DISTRICT SCHOOL BOARD 1 SIMCOE MUSKOKA CATHOLIC DISTRICT SCHOOL BOARD 2 ST CLAIR CATHOLIC DISTRICT SCHOOL BOARD 5 SUDBURY CATHOLIC DISTRICT SCHOOL BOARD 2 THUNDER BAY CATHOLIC DISTRICT SCHOOL BOARD 4 TORONTO CATHOLIC DISTRICT SCHOOL BOARD 71 WATERLOO CATHOLIC DISTRICT SCHOOL BOARD 7 WINDSOR-ESSEX CATHOLIC DISTRICT SCHOOL BOARD 4 YORK CATHOLIC DISTRICT SCHOOL BOARD 12 TOTAL 268 FRENCH CATHOLIC SCHOOL BOARDS CONSEIL DES ÉCOLES CATHOLIQUES DU CENTRE-EST 5 CONSEIL SCOLAIRE CATHOLIQUE DE DISTRICT DES GRANDES RIVIÈRES 2 CONSEIL SCOLAIRE CATHOLIQUE DU NOUVEL-ONTARIO 1 CONSEIL SCOLAIRE CATHOLIQUE PROVIDENCE 1 CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE CENTRE-SUD 7 CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE DE L'EST ONTARIEN 4 TOTAL 20 FRENCH PUBLIC SCHOOL BOARDS CONSEIL DES ÉCOLES PUBLIQUES DE L'EST DE L'ONTARIO 7 CONSEIL SCOLAIRE VIAMONDE 5 CONSEIL SCOLAIRE PUBLIC DU GRAND NORD DE L'ONTARIO 1 TOTAL 13 SCHOOL AUTHORITIES NO SCHOOL SPECIFIED 1 CASES WHERE BOARD NOT SPECIFIED 60
Note: Boards that were not the subject of any cases are not listed.
70 2016-2017 Annual Report Office of the Ombudsman of Ontario CASES RECEIVED ABOUT COLLEGES OF APPLIED ARTS AND TECHNOLOGY, 2016-2017 TOTAL: 161
ALGONQUIN COLLEGE 4 COLLÈGE BORÉAL 2 CAMBRIAN COLLEGE 4 CANADORE COLLEGE 3 CENTENNIAL COLLEGE 6 CONESTOGA COLLEGE 7 CONFEDERATION COLLEGE 2 DURHAM COLLEGE 12 FANSHAWE COLLEGE 8 FLEMING COLLEGE (SIR SANDFORD FLEMING COLLEGE) 3 GEORGE BROWN COLLEGE 13 GEORGIAN COLLEGE 9 HUMBER COLLEGE 14 LA CITÉ COLLÉGIALE 5 LAMBTON COLLEGE 4 LOYALIST COLLEGE 1 MOHAWK COLLEGE 11 NIAGARA COLLEGE CANADA 6 NORTHERN COLLEGE 1 SAULT COLLEGE 12 SENECA COLLEGE 8 SHERIDAN COLLEGE 13 ST. CLAIR COLLEGE 8 ST. LAWRENCE COLLEGE 4 CASES WHERE COLLEGE NOT SPECIFIED 1
Note: Colleges that were not the subject of any cases are not listed.
CASES RECEIVED ABOUT UNIVERSITIES, 2016-2017 TOTAL: 175
ALGOMA UNIVERSITY 3 BROCK UNIVERSITY 4 CARLETON UNIVERSITY 9 LAKEHEAD UNIVERSITY 8 LAURENTIAN UNIVERSITY 11 MCMASTER UNIVERSITY 15 OCAD UNIVERSITY 4 QUEEN’S UNIVERSITY 3 RYERSON UNIVERSITY 7 TRENT UNIVERSITY 6 UNIVERSITY OF GUELPH 7 UNIVERSITY OF ONTARIO INSTITUTE OF TECHNOLOGY 11 UNIVERSITY OF OTTAWA 10 UNIVERSITY OF TORONTO 28 UNIVERSITY OF WATERLOO 11 UNIVERSITY OF WINDSOR 8 WESTERN UNIVERSITY 11 WILFRID LAURIER UNIVERSITY 4 YORK UNIVERSITY 12 CASES WHERE UNIVERSITY NOT SPECIFIED 3
Note: Universities that were not the subject of any cases are not listed.
2016-2017 Annual Report Office of the Ombudsman of Ontario 71 CASES RECEIVED ABOUT MUNCIPALITIES,* 2016-2017 TOTAL: 2,667
ADDINGTON HIGHLANDS, TOWNSHIP OF 5 CARLETON PLACE, TOWN OF 8
ADELAIDE METCALFE, TOWNSHIP OF 2 CASSELMAN, VILLAGE OF 3
ADJALA-TOSORONTIO, TOWNSHIP OF 11 CAVAN MONAGHAN, TOWNSHIP OF 3
ADMASTON/BROMLEY, TOWNSHIP OF 1 CENTRAL ELGIN, MUNICIPALITY OF 2
AJAX, TOWN OF 7 CENTRAL FRONTENAC, TOWNSHIP OF 3
ALFRED AND PLANTAGENET, TOWNSHIP OF 3 CENTRAL HURON, MUNICIPALITY OF 1
ALNWICK/HALDIMAND, TOWNSHIP OF 1 CENTRAL MANITOULIN, MUNICIPALITY OF 1
AMARANTH, TOWNSHIP OF 2 CENTRE HASTINGS, MUNICIPALITY OF 2
AMHERSTBURG, TOWN OF 1 CENTRE WELLINGTON, TOWNSHIP OF 3
ARMOUR, TOWNSHIP OF 4 CHAMBERLAIN, TOWNSHIP OF 1
ASHFIELD-COLBORNE-WAWANOSH, TOWNSHIP OF 2 CHAMPLAIN, TOWNSHIP OF 2
ASPHODEL-NORWOOD, TOWNSHIP OF 1 CHAPLEAU, TOWNSHIP OF 2
ASSIGINACK, TOWNSHIP OF 1 CHATHAM-KENT, MUNICIPALITY OF 9
ATHENS, TOWNSHIP OF 3 CHATSWORTH, TOWNSHIP OF 1
ATIKOKAN, TOWN OF 2 CLARENCE-ROCKLAND, CITY OF 2
AURORA, TOWN OF 2 CLARINGTON, MUNICIPALITY OF 4
AYLMER, TOWN OF 3 CLEARVIEW, TOWNSHIP OF 4
BALDWIN, TOWNSHIP OF 1 COBALT, TOWN OF 2
BANCROFT, TOWN OF 4 COBOURG, TOWN OF 5
BARRIE, CITY OF 12 COCHRANE, TOWN OF 3
BAYHAM, MUNICIPALITY OF 4 COLLINGWOOD, TOWN OF 8
BELLEVILLE, CITY OF 8 CORNWALL, CITY OF 4
BILLINGS, TOWNSHIP OF 4 CRAMAHE, TOWNSHIP OF 3
BLACK RIVER-MATHESON, TOWNSHIP OF 2 DEEP RIVER, TOWN OF 4
BLANDFORD-BLENHEIM, TOWNSHIP OF 5 DRUMMOND/NORTH ELMSLEY, TOWNSHIP OF 1
BLUEWATER, MUNICIPALITY OF 1 DRYDEN, CITY OF 1
BONFIELD, TOWNSHIP OF 2 DUFFERIN, COUNTY OF 2
BONNECHERE VALLEY, TOWNSHIP OF 2 DURHAM, REGIONAL MUNICIPALITY OF 34
BRACEBRIDGE, TOWN OF 4 DUTTON-DUNWICH, MUNICIPALITY OF 2
BRAMPTON, CITY OF 26 DYSART ET AL, MUNICIPALITY OF 1
BRANT, COUNTY OF 3 EAR FALLS, TOWNSHIP OF 1
BRANTFORD, CITY OF 18 EAST FERRIS, MUNICIPALITY OF 1
BRIGHTON, MUNICIPALITY OF 8 EAST GARAFRAXA, TOWNSHIP OF 1
BROCK, TOWNSHIP OF 3 EAST GWILLIMBURY, TOWN OF 9
BROCKTON, MUNICIPALITY OF 2 EAST HAWKESBURY, TOWNSHIP OF 1
BROCKVILLE, CITY OF 4 EDWARDSBURGH/CARDINAL, TOWNSHIP OF 2
BROOKE-ALVINSTON, MUNICIPALITY OF 3 ELGIN, COUNTY OF 1
BRUCE MINES, TOWN OF 2 ELLIOT LAKE, CITY OF 6
BRUCE, COUNTY OF 11 EMO, TOWNSHIP OF 2
BRUDENELL, LYNDOCH AND RAGLAN, TOWNSHIP OF 1 ERIN, TOWN OF 7
BURLINGTON, CITY OF 12 ESPANOLA, TOWN OF 3
CALEDON, TOWN OF 13 ESSA, TOWNSHIP OF 2
CALLANDER, MUNICIPALITY OF 2 ESSEX, COUNTY OF 1
CALVIN, MUNICIPALITY OF 3 ESSEX, TOWN OF 9
CAMBRIDGE, CITY OF 31 FORT ERIE, TOWN OF 10
Note: Municipalities that were not the subject of any cases are not listed.
72 2016-2017 Annual Report Office of the Ombudsman of Ontario CASES RECEIVED ABOUT MUNCIPALITIES,* 2016-2017
FORT FRANCES, TOWN OF 7 KILLALOE, HAGARTY AND RICHARDS, TOWNSHIP OF 3
FRENCH RIVER, MUNICIPALITY OF 9 KILLARNEY, MUNICIPALITY OF 3
GANANOQUE, SEPARATED TOWN OF 4 KINCARDINE, MUNICIPALITY OF 4
GAUTHIER, TOWNSHIP OF 1 KING, TOWNSHIP OF 2
GEORGIAN BAY, TOWNSHIP OF 9 KINGSTON, CITY OF 26
GEORGIAN BLUFFS, TOWNSHIP OF 3 KINGSVILLE, TOWN OF 3
GEORGINA, TOWN OF 6 KIRKLAND LAKE, TOWN OF 11
GILLIES, TOWNSHIP OF 1 KITCHENER, CITY OF 4
GODERICH, TOWN OF 1 LAIRD, TOWNSHIP OF 2
GRAVENHURST, TOWN OF 4 LAKE OF BAYS, TOWNSHIP OF 1
GREATER MADAWASKA, TOWNSHIP OF 2 LAMBTON SHORES, MUNICIPALITY OF 5
GREATER NAPANEE, TOWN OF 1 LAMBTON, COUNTY OF 6
GREATER SUDBURY, CITY OF 64 LANARK HIGHLANDS, TOWNSHIP OF 1
GREENSTONE, MUNICIPALITY OF 5 LANARK, COUNTY OF 1
GREY HIGHLANDS, MUNICIPALITY OF 3 LARDER LAKE, TOWNSHIP OF 2
GREY, COUNTY OF 7 LASALLE, TOWN OF 6
GRIMSBY, TOWN OF 8 LATCHFORD, TOWN OF 3
GUELPH, CITY OF 10 LEEDS AND GRENVILLE, UNITED COUNTIES OF 6
HALDIMAND COUNTY, COUNTY OF 6 LEEDS AND THE THOUSAND ISLANDS, TOWNSHIP OF 4
HALTON HILLS, TOWN OF 3 LENNOX & ADDINGTON, COUNTY OF 2
HALTON, REGIONAL MUNICIPALITY OF 13 LINCOLN, TOWN OF 6
HAMILTON, CITY OF 86 LONDON, CITY OF 77
HAMILTON, TOWNSHIP OF 3 LOYALIST TOWNSHIP 1
HASTINGS HIGHLANDS, MUNICIPALITY OF 7 LUCAN BIDDULPH, TOWNSHIP OF 1
HASTINGS, COUNTY OF 8 MADAWASKA VALLEY, TOWNSHIP OF 3
HAVELOCK-BELMONT-METHUEN, TOWNSHIP OF 1 MADOC, TOWNSHIP OF 2
HAWKESBURY, TOWN OF 14 MALAHIDE, TOWNSHIP OF 1
HIGHLANDS EAST, MUNICIPALITY OF 2 MANITOUWADGE, TOWNSHIP OF 8
HILTON BEACH, VILLAGE OF 1 MAPLETON, TOWNSHIP OF 1
HORNEPAYNE, TOWNSHIP OF 1 MARATHON, TOWN OF 2
HORTON, TOWNSHIP OF 3 MARKHAM, CITY OF 10
HUNTSVILLE, TOWN OF 2 MATTAWA, TOWN OF 2
HURON SHORES, MUNICIPALITY OF 2 MATTAWAN, MUNICIPALITY OF 5
HURON-KINLOSS, TOWNSHIP OF 2 MCDOUGALL, MUNICIPALITY OF 1
HURON, COUNTY OF 4 MCGARRY, TOWNSHIP OF 1
IGNACE, TOWNSHIP OF 2 MCMURRICH/MONTEITH, TOWNSHIP OF 4
INGERSOLL, TOWN OF 1 MEAFORD, MUNICIPALITY OF 8
INNISFIL, TOWN OF 2 MIDDLESEX CENTRE, MUNICIPALITY OF 9
IROQUOIS FALLS, TOWN OF 1 MIDDLESEX, COUNTY OF 3
JAMES, TOWNSHIP OF 1 MIDLAND, TOWN OF 2
JOHNSON, TOWNSHIP OF 2 MILTON, TOWN OF 12
KAPUSKASING, TOWN OF 1 MINDEN HILLS, TOWNSHIP OF 4
KAWARTHA LAKES, CITY OF 20 MINTO, TOWN OF 1
KEARNEY, TOWN OF 4 MISSISSAUGA, CITY OF 59
KENORA, CITY OF 3 MISSISSIPPI MILLS, CORPORATION OF THE MUNICIPALITY 11
2016-2017 Annual Report Office of the Ombudsman of Ontario 73 CASES RECEIVED ABOUT MUNCIPALITIES,* 2016-2017
MONO, TOWN OF 1 PERRY, TOWNSHIP OF 1
MONTAGUE, TOWNSHIP OF 2 PERTH EAST, TOWNSHIP OF 2
MOONBEAM, TOWNSHIP OF 2 PETAWAWA, TOWN OF 1
MORRIS-TURNBERRY, MUNICIPALITY OF 2 PETERBOROUGH, CITY OF 21
MULMUR, TOWNSHIP OF 5 PETROLIA, TOWN OF 4
MUSKOKA LAKES, TOWNSHIP OF 6 PICKERING, CITY OF 4
MUSKOKA, DISTRICT MUNICIPALITY OF 7 PICKLE LAKE, TOWNSHIP OF 4
NEEBING, MUNICIPALITY OF 2 PLYMPTON-WYOMING, TOWN OF 1
NEW TECUMSETH, TOWN OF 6 PORT COLBORNE, CITY OF 2
NEWMARKET, TOWN OF 2 PORT HOPE, MUNICIPALITY OF 8
NIAGARA FALLS, CITY OF 23 PRESCOTT AND RUSSELL, UNITED COUNTIES OF 4
NIAGARA-ON-THE-LAKE, TOWN OF 3 PRESCOTT, SEPARATED TOWN OF 2
NIAGARA, REGIONAL MUNICIPALITY OF 32 PRINCE EDWARD, COUNTY OF 5
NIPIGON, TOWNSHIP OF 1 PUSLINCH, TOWNSHIP OF 2
NIPISSING, TOWNSHIP OF 1 QUINTE WEST, CITY OF 4
NORFOLK, COUNTY 23 RAINY RIVER, TOWN OF 1
NORTH ALGONA WILBERFORCE , TOWNSHIP OF 6 RAMARA, TOWNSHIP OF 4
NORTH BAY, CITY OF 16 RED LAKE, MUNICIPALITY OF 1
NORTH DUMFRIES, TOWNSHIP OF 8 RED ROCK, TOWNSHIP OF 2
NORTH DUNDAS, TOWNSHIP OF 2 RENFREW, COUNTY OF 1
NORTH FRONTENAC, TOWNSHIP OF 1 RICHMOND HILL, TOWN OF 11
NORTH GRENVILLE, MUNICIPALITY OF 1 RIDEAU LAKES, TOWNSHIP OF 7
NORTH HURON, TOWNSHIP OF 2 RUSSELL, TOWNSHIP OF 2
NORTH KAWARTHA, TOWNSHIP OF 3 RYERSON, TOWNSHIP OF 2
NORTH MIDDLESEX, MUNICIPALITY OF 2 SABLES-SPANISH RIVERS, TOWNSHIP OF 1
NORTH STORMONT, TOWNSHIP OF 3 SARNIA, CITY OF 43
NORTHEASTERN MANITOULIN AND THE ISLANDS, TOWN OF 1 SAUGEEN SHORES, TOWN OF 4
NORTHERN BRUCE PENINSULA, MUNICIPALITY OF 6 SAULT STE. MARIE, CITY OF 17
NORTHUMBERLAND, COUNTY OF 4 SCHREIBER, TOWNSHIP OF 1
OAKVILLE, TOWN OF 11 SCUGOG, TOWNSHIP OF 4
OLIVER PAIPOONGE, MUNICIPALITY OF 3 SEGUIN, TOWNSHIP OF 2
ORANGEVILLE, TOWN OF 2 SELWYN, TOWNSHIP OF 2
ORILLIA, CITY OF 7 SEVERN, TOWNSHIP OF 4
ORO-MEDONTE, TOWNSHIP OF 8 SHELBURNE, TOWN OF 1
OSHAWA, CITY OF 36 SHUNIAH, MUNICIPALITY OF 4
OTONABEE-SOUTH MONAGHAN, TOWNSHIP OF 2 SIMCOE, COUNTY OF 39
OTTAWA, CITY OF 123 SMITHS FALLS, TOWN OF 5
OWEN SOUND, CITY OF 2 SOUTH ALGONQUIN, TOWNSHIP OF 1
OXFORD, COUNTY OF 6 SOUTH BRUCE PENINSULA, TOWN OF 4
PARRY SOUND, TOWN OF 3 SOUTH BRUCE, MUNICIPALITY OF 1
PEEL, REGIONAL MUNICIPALITY OF 60 SOUTH DUNDAS, MUNICIPALITY OF 2
PELEE, TOWNSHIP OF 1 SOUTH FRONTENAC, TOWNSHIP OF 6
PELHAM, TOWN OF 6 SOUTH GLENGARRY, TOWNSHIP OF 5
PEMBROKE, CITY OF 1 SOUTH HURON, MUNICIPALITY OF 4
PENETANGUISHENE, TOWN OF 1 SOUTH RIVER, VILLAGE OF 1
74 2016-2017 Annual Report Office of the Ombudsman of Ontario CASES RECEIVED ABOUT MUNCIPALITIES,* 2016-2017
SOUTH-WEST OXFORD, TOWNSHIP OF 1 WEST ELGIN, MUNICIPALITY OF 2
SOUTHGATE, TOWNSHIP OF 3 WEST GREY, MUNICIPALITY OF 3
SOUTHWEST MIDDLESEX, MUNICIPALITY OF 2 WEST LINCOLN, TOWNSHIP OF 10
SOUTHWOLD, TOWNSHIP OF 1 WEST NIPISSING, MUNICIPALITY OF 9
SPANISH, TOWN OF 2 WEST PERTH, MUNICIPALITY OF 1
SPRINGWATER, TOWNSHIP OF 2 WHITBY, TOWN OF 16
ST. CATHARINES, CITY OF 4 WHITCHURCH-STOUFFVILLE, TOWN OF 5
ST. CLAIR, TOWNSHIP OF 2 WHITESTONE, MUNICIPALITY OF 3
ST. MARYS, SEPARATED TOWN OF 1 WILMOT, TOWNSHIP OF 5
ST. THOMAS, CITY OF 3 WINDSOR, CITY OF 60
ST.-CHARLES, MUNICIPALITY OF 11 WOLLASTON, TOWNSHIP OF 3
STORMONT, DUNDAS & GLENGARRY, UNITED COUNTIES OF 1 WOOLWICH, TOWNSHIP OF 3
STRATFORD, CITY OF 6 YORK, REGIONAL MUNICIPALITY OF 27
STRATHROY-CARADOC, MUNICIPALITY OF 3 UNSPECIFIED 38
SUNDRIDGE, VILLAGE OF 1 SHARED CORPORATIONS
TAY, TOWNSHIP OF 6 ALECTRA 11
TECUMSEH, TOWN OF 1 BLUEWATER POWER DISTRIBUTION CORPORATION 1
TEHKUMMAH, TOWNSHIP OF 2 COLLUS POWERSTREAM 2
TEMAGAMI, MUNICIPALITY OF 4 CONSERVATION AUTHORITIES 28
TEMISKAMING SHORES, CITY OF 1 ENERGY + INC 2
TERRACE BAY, TOWNSHIP OF 1 ERIE THAMES POWERLINES CORPORATION 2
THE ARCHIPELAGO, TOWNSHIP OF 4 ESPANOLA REGIONAL HYDRO DISTRIBUTION CORPORATION 4
THE BLUE MOUNTAINS, TOWN OF 3 ESSEX POWER CORPORATION 2
THE NATION, MUNICIPALITY 6 HORIZON UTILITIES 14
THE NORTH SHORE, TOWNSHIP OF 6 KITCHENER-WILMOT HYDRO INC 3
THESSALON, TOWN OF 1 LAKELAND POWER 3
THOROLD, CITY OF 1 OTTAWA RIVER POWER CORPORATION 1
THUNDER BAY, CITY OF 15 POWERSTREAM INC. 19
TILLSONBURG, TOWN OF 2 VERIDIAN CONNECTIONS (VERIDIAN CORPORATION) 10
TIMMINS, CITY OF 22 WATERLOO NORTH POWER 4
TINY, TOWNSHIP OF 6 WESTARIO POWER 2
TORONTO, CITY OF 305 UNSPECIFIED 2
TRENT HILLS, MUNICIPALITY OF 5 SHARED LOCAL BOARDS
TRENT LAKES, MUNICIPALITY OF 3 ALGOMA DISTRICT SERVICES ADMINISTRATION BOARD 1
TYENDINAGA, TOWNSHIP OF 4 DISTRICT OF COCHRANE SOCIAL SERVICES ADMINISTRATION BOARD 1
UXBRIDGE, TOWNSHIP OF 4 DISTRICT OF NIPISSING SOCIAL SERVICES ADMINISTRATION BOARD 4
VAUGHAN, CITY OF 18 DISTRICT OF PARRY SOUND SOCIAL SERVICES ADMINISTRATION BOARD 1
WAINFLEET, TOWNSHIP OF 2 DISTRICT OF SAULT STE. MARIE SOCIAL SERVICES ADMINISTRATION BOARD 9
WARWICK, TOWNSHIP OF 2 DISTRICT OF TIMISKAMING SOCIAL SERVICES ADMINISTRATION BOARD 7
WASAGA BEACH, TOWN OF 14 KENORA DISTRICT SERVICES BOARD 8
WATERLOO, CITY OF 4 MANITOULIN-SUDBURY DISTRICT SERVICES BOARD 4
WATERLOO, REGIONAL MUNICIPALITY OF 16 NIAGARA DISTRICT AIRPORT COMMISSION 1
WAWA, MUNICIPALITY OF 4 RAINY RIVER DISTRICT SOCIAL SERVICES ADMINISTRATION BOARD 6
WELLAND, CITY OF 13 THUNDER BAY SOCIAL SERVICES ADMINISTRATION BOARD 10
WELLINGTON, COUNTY OF 12 UNSPECIFIED 10
2016-2017 Annual Report Office of the Ombudsman of Ontario 75 CASES RECEIVED ABOUT CLOSED MUNICIPAL MEETINGS, 2016-2017
CASES ABOUT MUNICIPALITIES WHERE OMBUDSMAN IS THE INVESTIGATOR 76 CASES ABOUT MUNICIPALITIES WHERE ANOTHER INVESTIGATOR HAS BEEN APPOINTED 33
SUMMARY OF COMPLETED INVESTIGATIONS MEETINGS & PROCEDURAL BEST ILLEGAL MUNICIPALITY GATHERINGS VIOLATIONS PRACTICES MEETINGS REVIEWED FOUND SUGGESTED AMHERSTBURG, TOWN OF 3 2 1 1 BROCKVILLE, CITY OF 1 2 2 1 ELLIOT LAKE, CITY OF 2 0 2 2 GEORGIAN BAY, TOWNSHIP OF 2 1 1 0 GODERICH RECREATIONAL BOARD OF MANAGEMENT 1* 1* 1 1* GREATER SUDBURY, CITY OF 3 1 2 0 GRIMSBY, TOWN OF 1 1 2 1 HAMILTON ELECTION COMPLIANCE AUDIT COMMITTEE 1 0 1 1 HORNEPAYNE, TOWNSHIP OF 1 1 2 1 LAIRD, TOWNSHIP OF 1 0 1 0 LEEDS AND THE THOUSAND ISLANDS, TOWNSHIP OF 2 1 0 1 LONDON, CITY OF 3 0 0 0 NIAGARA DISTRICT AIRPORT COMMISSION 1 1 2 1 NIAGARA FALLS, CITY OF 1 1 1 1 NORFOLK, COUNTY OF 4 1 5 2 OSHAWA, CITY OF 1 0 2 1 RUSSELL, TOWNSHIP OF 1 1 0 1 SAULT STE. MARIE, CITY OF 1 0 0 0 TEMAGAMI, MUNICIPALITY OF 2 0 0 0 THE NATION, MUNICIPALITY OF 1 0 3 0 TIMMINS, CITY OF 3 6 1 2 WALKERTON BIA 1 1 2 0 WALKERTON BIA & MUNICIPALITY OF BROCKTON 3 0 2 1 WEST NIPISSING, MUNICIPALITY OF 1 1 0 0 WOOLWICH, TOWNSHIP OF 1 0 0 0
*This report did not focus on a meeting but on whether the board is subject to the open meeting rules.
FINANCIAL SUMMARY
Our Office’s budget for 2016-2017 (IN THOUSANDS) was $18.58 million – unchanged from 2015-2016, when it was increased in ANNUAL OPERATING EXPENSES 13,622 SALARIES AND WAGES 8,573 recognition of our expanded mandate. EMPLOYEE BENEFITS 1,922 Our actual expenditures were COMMUNICATION AND TRANSPORTATION 313 $13.52 million, with continued spending SERVICES 2,056 SUPPLIES AND EQUIPMENT 758 toward our ongoing expansion as well as MISCELLANEOUS REVENUE (RETURNED TO GOVERNMENT) 103 additional outreach. All unspent funds were returned to the provincial treasury. NET EXPENDITURES 13,519
76 2016-2017 Annual Report Office of the Ombudsman of Ontario Office of the Ombudsman of Ontario
An independent office of the Legislature that resolves and investigates public complaints about Ontario government We are organizations and municipalities, universities and school boards. The Ombudsman recommends solutions to individual and systemic administrative problems.
Fair treatment Our Accountable administration Values Independence, impartiality Results: Achieving real change
Our We strive to be an agent of positive change by promoting fairness, accountability and transparency in the public Independent Mission sector. Impartial Confidential Free
Our A public sector that serves citizens in a way that is fair, Vision accountable and transparent.
Office of the Ombudsman of Ontario Bell Trinity Square 10th Floor, South Tower Toronto, Ontario M5G 2C9
Telephone: 416-586-3300 Complaints line: 1-800-263-1830 Fax: 416-586-3485 TTY: 1-866-411-4211 Website: www.ombudsman.on.ca
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