ONTA RIO

ONTARIO’S WATCHDOG 2 018 | 2 019 ONTA RIO ONTARIO’S WATCHDOG Annual Report

@Ont_Ombudsman Ontario Ombudsman OntarioOmbudsman ONTA RIO ONTARIO’S WATCHDOG u ONTA RIO On the cover:

ONTARIO’S WATCHDOG The icons represent the many 2 018 | 2 019 Annual Report areas of the public sector where 2 018 | 2 019 we helped Ontarians in 2018-2019 Annual Report (Social Services, Law & Order, Education, Municipalities, etc.), and the two new areas added to our jurisdiction as we “turn the page” into 2019-2020: Children & Youth, and French Language Services.

Offce of the Ombudsman of Ontario 483 Bay Street 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

2 018 | 2 019 ISSN 1708-0851 ONTARIO

ONTARIO’S WATCHDOG

June 2019

Hon. Ted Arnott, 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, 2018 to March 31, 2019, pursuant to section 11 of the Ombudsman Act, so that you may table it before the Legislative Assembly.

Sincerely,

Paul Dubé, Ombudsman

Offce of the Ombudsman of Ontario 483 Bay Street 10th Floor, South Tower Toronto, Ontario M5G 2C9

Telephone: 416-586-3300 Complaints line: 1-800-263-1830 Website: www.ombudsman.on.ca

2018-2019 ANNUAL REPORT • OfficeOFFICE oOFf theTHE OmbudsmanOMBUDSMAN oOFf OntariONTARIOo 1 2 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario Table of contents

OMBUDSMAN’S MESSAGE ...... 5 ABOUT OUR OFFICE...... 10 WHAT IS An OMBuDSMAn? ...... 10 WHO We ARe...... 12 VALueS, MISSIOn AnD VISIOn ...... 13 WHAT We DO ...... 14 HOW We WORk ...... 15

ABOUT THIS REPORT ...... 16 2018-2019 HIGHLIGHTS ...... 18 Year in review • cases bY topic ...... 20 LAW & ORDeR ...... 20 SOCIAL SeRVICeS ...... 27 MOneY & PROPeRTY ...... 33 MunICIPALITIeS ...... 37 eDuCATIOn ...... 47 TRAnSPORTATIOn ...... 54 HeALTH ...... 58 CeRTIFICATeS & PeRMITS ...... 61 eMPLOYMenT ...... 63 eneRGY & enVIROnMenT ...... 65 appendix • case statistics ...... 68 TOTAL CASeS ReCeIVeD, FISCAL YeARS 2014-2015 - 2018-2019 ...... 68 HOW CASeS WeRe ReCeIVeD, 2018-2019 ...... 68 DISPOSITIOn OF CASeS, 2018-2019 ...... 69 CASeS BY PROVInCIAL RIDInG, 2018-2019 ...... 70 TOP 10 PROVInCIAL GOVeRnMenT ORGAnIZATIOnS AnD PROGRAMS BY CASe VOLuMe, 2018-2019 ...... 71 TOP 10 CORReCTIOnAL FACILITIeS BY CASe VOLuMe, 2018-2019 ...... 71 TOTAL CASeS ReCeIVeD FOR PROVInCIAL GOVeRnMenT MInISTRIeS AnD SeLeCTeD PROGRAMS, 2018-2019 ....72 CASeS ReCeIVeD ABOuT MunICIPALITIeS, 2018-2019 ...... 74 CASeS ReCeIVeD ABOuT SCHOOL BOARDS, 2018-2019 ...... 78 CASeS ReCeIVeD ABOuT COLLeGeS OF APPLIeD ARTS AnD TeCHnOLOGY, 2018-2019 ...... 79 CASeS ReCeIVeD ABOuT unIVeRSITIeS, 2018-2019 ...... 79 CASeS ReCeIVeD ABOuT CLOSeD MunICIPAL MeeTInGS, 2018-2019 ...... 80 FInAnCIAL SuMMARY ...... 80

2018-2019 ANNUAL REPORT • OFFICE OF THE OMBUDSMAN OF ONTARIO 3 4 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario Ombudsman’s message

June 27, 2018: Ombudsman Paul Dubé at a news conference at Queen’s Park.

stakeholders and bolster our staff and separate locations, this required closely A defning their expertise in these new areas – reviewing all three offces’ legislated moment all while continuing our core work of mandates and organizational structure, overseeing provincial administration. and proposing a new budget to the Legislative Assembly to ensure we had In many ways, this past year has Then, in november 2018, we learned adequate funds to carry out our added been a defning one for the Offce of that the scope of our mandate would responsibilities in the most effective and the Ombudsman of Ontario. Without grow again, under new legislation effcient way possible. question, fscal 2018-2019 was one of transferring the responsibilities of the the busiest years in this Offce’s 44-year French Language Services Commissioner As fscal 2019-2020 began and we history in terms of complaints handled – to our Offce, as well as the investigative prepared for the transition to take 27,419, representing an increase of function of the Provincial Advocate for effect on May 1, we had established a almost 30% over the previous year. It Children and Youth. framework to ensure that service to the was also historic in terms of our mandate, public would continue uninterrupted, with Although these changes presented us which was expanded by government for work on ongoing cases, investigations with the opportunity and duty to help the second time in four years. and issues continuing under two new more Ontarians than ever before, the units within our Offce. Our revised When I began my term as Ombudsman blending of these two other organizations organizational structure (included in in 2016, our jurisdiction had just been into ours presented signifcant challenges this report and posted in detail online) effectively doubled, as municipalities, – even for an offce experienced in illustrates how our new dedicated units universities and school boards were navigating bureaucracy. for French Language Services and added to the more than 500 provincial Along with the numerous logistical Children and Youth will operate, utilizing bodies already within our mandate. The matters involved in co-ordinating three the expertise of investigators and other past three years have involved intensive different bargaining units at several specialists from those former offces. work to build relationships with new

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 5 to monitor. They worked collaboratively “ombudsman” is translated different Opportunities in with the Ontario Cannabis Store as it ways in different contexts around change struggled in the frst weeks after the the world - sometimes as “citizen’s federal government legalized recreational representative,” but also “people’s cannabis. (The OCS was our single most defender,” or (in Quebec and elsewhere), All of this, of course, played out against complained about agency in 2018-2019, “citizen’s protector.” the backdrop of much broader changes with 2,411 cases. not only were we able across Ontario, thanks to the millions To me, the most ftting description is to resolve the bulk of these quickly, we of voters in the provincial and municipal that the Ombudsman does work and helped the OCS and partners like Canada elections in 2018 who elected hundreds gets results that neither elected offcials Post address serious service gaps.) of new representatives at the local level – nor the courts can provide (for the and changed the provincial party in power A little-known aspect of what we do is our original, more eloquent version, see for the frst time in 15 years. proactive work, aiming to resolve issues the 1984 quote from Supreme Court informally and quickly wherever possible, understandably, political change and the of Canada Justice Brian Dickson, on fagging problems to organizations and administrative changes that go with it page 11). suggesting ways they can address tend to make offces like ours busier, as them before they fester and grow, and This defnition illustrates the breadth of the public and government offcials alike suggesting best practices to help them a role that deals with everything from seek answers about everything from good deal with complaints internally. complex procedural questions to urgent governance practices to the execution of human rights matters. Indeed, as we political decisions. When we do investigate, we follow up now prepare to spread awareness of on recommendations that have been Times like this provide us with a literal our new responsibilities relating to child accepted, and monitor the effects of defning moment: An opportunity to protection and the promotion of French changes – often for years. For example, demonstrate what an ombudsman linguistic rights, the stories in this report this year, 14 years after a systemic can – and, sometimes, cannot – do in serve as reminders of the profound investigation that revealed desperate responding to public concerns. We often human impact our work can have. parents of children with severe special have to explain that an ombudsman needs were being forced to surrender oversees the administrative branch of their custody to children’s aid societies in Just a few examples: government, not the executive branch. order to get them the care they needed, Simply put, our role is not to police we continued to hear of similar situations. • I and several staff members visited politicians, or to intervene in or overturn Because of our long experience with this correctional facilities across the political decisions at any level. Where issue, we were able to connect these province, where we sometimes we can often provide valuable assistance families with the right offcials to get them observed unacceptable housing is in ensuring that the execution of the help they needed. conditions; our staff also assisted many those decisions, through the delivery of transgender and Indigenous inmates government services, is fair. in ensuring their specifc rights were This report is full of examples of the Telling stories, accommodated. myriad ways that our staff do just recognizing • We revealed the violation of a that. They responded to hundreds of journalist’s rights during a chaotic complaints about the implementation rights of the new government’s changes to municipal council meeting, and recommended ways the municipality the Ontario Autism Program and the Stories like this are the best way for us could ensure such a mistake never electric and Hydrogen Vehicle Incentive to defne our Offce’s unique role and recurs. Program – both matters we continue demonstrate our value. The Swedish word

6 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario • We continue to monitor the province’s serve Ontario effectively is the contact Having good people like [your efforts to reduce the inhumane practice we have with other ombudsman offces “staff member] at the other end of of solitary confnement – particularly across the country and around the globe. of inmates with mental illness – and to The exchange of information, best the line when you’re struggling to improve police training for de-escalating practices, and strategies for enhancing fght for your basic human rights is confict situations involving people in governance through organizations like the crisis. Forum of Canadian Ombudsman and the incredibly helpful and appreciated. I International Ombudsman Institute make think it’s important to recognize good Within our Offce, I made it a priority this us more effective in driving changes that year to assess the relationship between work. Today [your staff member] beneft Ontarians. We look forward to provincial institutions and Indigenous had a huge impact on me and made reaping similar benefts from, and making peoples, determine what role the similar contributions to, the IALC and me feel heard and respected, and Ombudsman can play in reconciliation CCCYA. and the improvement of services, and for this I’m extremely thankful. … obtain training for our team that would I know I have recognized the Please pass on my compliments to let us approach these issues in an professionalism and dedication of my her and the rest of your staff for all informed manner. We are already seeing team in the past, but over the past year the amazing work that they do. the benefts of this training, as we put they have amazed me with their resilience what we have learned into practice in our and devotion to serving the people and – Message to Ombudsman” outreach discussions and assessment of institutions of Ontario. This is the most from complainant complaints from Indigenous people. We intelligent and committed group of people are committed to continuing this journey with whom I have ever had the privilege of learning and relationship-building. to work. I am truly blessed and grateful – and hopeful that those from the former Child Advocate and French Language Looking ahead Services offces who have joined their expertise and passion with ours will Speaking of relationship-building, we have share that sentiment. They will make us already taken steps to ensure that we are a stronger organization and signifcantly involved with the new communities and increase the value we can add in interested parties we are now serving as improving governance in Ontario. a result of our expanded mandate. This includes hosting the annual conference of Finally, I must acknowledge the the International Association of Language tremendous work done by the two Commissioners (IALC) – an invaluable former Offcers of the Legislature who opportunity to discuss the promotion of built up the organizations we are now minority language rights with experts fusing, François Boileau and Irwin from around the world – and attending the elman. Their leadership defned the annual meeting of the Canadian Council of offces of the French Language Services Child and Youth Advocates (CCCYA). Commissioner and the Provincial Advocate for Children and Youth, and The Offce of the Ontario Ombudsman led to strong relationships with the is known around the world for the communities they service. We are calibre and impact of its work. One of committed to building on their success. the factors that enhances our ability to

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 7 1 2 3

2018-2019 at a glance

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1. August 20, 2018: The Ombudsman and staff at the annual conference of the Association of Municipalities of Ontario, Ottawa. 2. July 18, 2018: Ombudsman Paul Dubé speaks to local media about his report on an investigation in Niagara Region. 3. September 18, 2018: Members of the Ontario Legislature Internship Programme visit our Offce. 4. November 5, 2018: Participants at our annual training course for ombudsmen and administrative watchdogs, “Sharpening Your Teeth,” Toronto. 5. November 5, 2018: Former federal Correctional Investigator Howard Sapers speaks to “Sharpening Your Teeth” participants, Toronto. 6. October 9, 2018: Ombudsman Paul Dubé, Montreal Ombudsman Johanne Savard, and Toronto Ombudsman Susan Opler with New South Wales Ombudsman trainer Don Sword, at training session hosted by our Offce, Toronto. 7. March 19, 2019: Ombudsman counsel Lauren Chee-Hing at University of Toronto law career day. 8. March 26, 2019: Deputy Ombudsman Barbara Finlay with the Deputy Military Ombudsman of South Africa, at our Offce. 9. April 17, 2019: General Counsel Laura Pettigrew gives pointers on report writing at the biennial Forum of Canadian Ombudsman conference, Toronto.

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10. March 8, 2019: Ombudsman staff commemorate International Women’s Day. 11. September 30, 2018: Our Offce’s Run for the Cure team, the Ombudsman Watchdogs, at Queen’s Park. 12. October 23, 2018: Ombudsman Paul Dubé with Northern Ireland Public Services Ombudsman Marie Anderson, who invited him to speak on “own motion” investigations, Belfast. 13. February 27, 2019: Deputy Ombudsman Barbara Finlay speaks at the Forum of Canadian Ombudsman “Essentials for Ombuds” training course, Toronto. 14. April 18, 2019: Ombudsman Paul Dubé meets with Carol Jolin, president of the Assemblée de la francophonie de l’Ontario, at our Offce. 15. June 13, 2018: Ombudsman Paul Dubé and his counterparts from across Canada at the annual meeting of the Canadian Conference of Parliamentary Ombudsman. 16. March 19, 2019: Ombudsman staff at our booth at the “Seniors Information and Active Living Fair,” Mississauga. 17. April 1, 2019: Ombudsman Paul Dubé speaks to MPPs’ staff at Queen’s Park. 18. September 19, 2018: Ombudsman Paul Dubé speaks at a Centre for Addiction and Mental Health event, Toronto.

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 9 About our Offce

What is an Ombudsman?

An ombudsman is an independent and Our Offce was established in 1975 under the Association des ombudsmans et impartial offcer who raises citizens’ the Ombudsman Act. Per the Ombudsman médiateurs de la francophonie (international concerns with government bodies. The Act, complaints to our Offce are confdential francophone ombudsman association), frst parliamentary ombudsman was and investigations are conducted in private. the Forum of Canadian Ombudsman, the established in Sweden in 1809; the word Our services are free of charge. united States Ombudsman Association, ombudsman is Swedish for “citizen’s The Ombudsman is the International the International Association of Language representative” and is considered to be Ombudsman Institute’s Regional President Commissioners and the Canadian Council gender-neutral. for north America, and a member of of Child and Youth Advocates. As an offce of last resort, an ombudsman typically intervenes when issues cannot be resolved within the government body. The ombudsman acts impartially, not on behalf of either party.

If a complaint has merit, the ombudsman will frst seek to resolve the dispute at the lowest level possible, but will conduct an investigation when necessary. Ombudsman fndings and recommendations are based on an impartial assessment of the facts and evidence.

The Ontario Ombudsman promotes fairness, accountability and transparency in the public sector by resolving and investigating public complaints and systemic issues within his jurisdiction. The function of the Ombudsman is to investigate decisions made, or actions taken, in the administration of a public sector body.

10 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario The traditional controls over the “The Ombudsman represents “Because he often operates implementation and administration society’s response to these problems informally, his investigations do of governmental policies and … His unique characteristics render not impede the normal processes of programs – namely, the legislature, him capable of addressing many of government. “the executive and the courts – the concerns left untouched by the are neither completely suited traditional bureaucratic control “Most importantly, his powers of nor entirely capable of providing devices. investigation can bring to light cases the supervision a burgeoning of bureaucratic maladministration bureaucracy demands… “He is impartial. His services are that would otherwise pass free, and available to all. unnoticed… On the other hand, he may fnd the complaint groundless, not a rare occurrence, in which event

his impartial and independent report, absolving the public authority, may well serve to enhance the morale and restore the self-confdence of the public employees impugned.

“In short, the powers granted to the Ombudsman allow him to address administrative problems that the courts, the legislature and the executive cannot effectively resolve.” – Justice Brian Dickson, Supreme Court of Canada, B.C. Development Corp. v. Friedmann, 1984

2018-2019 ANNUAL REPORT • OfficeOFFICE oOFf theTHE OmbudsmanOMBUDSMAN oOFf OntariONTARIOo 11 Who we are

As of May 1, 2019, our Offce has added two new teams to our organizational structure, refecting our new oversight of children and youth in care, and French language services.

Ombudsman Paul Dubé

Deputy Ombudsman French Language Barbara Finlay Services Commissioner Jean-Gilles Pelletier (acting)

Early Resolutions Investigations Children and Youth Unit French Language Complaint intake, triage, Individual investigations, early resolutions, Services Unit referrals, issue identifcation proactive work, complex investigations, reports and early resolutions, investigations, and analysis, research and complaint resolutions, outreach related to complaints reports and outreach related to complaint resolutions. identifcation of trends and and systemic issues regarding complaints and systemic issues Director: eva kalisz Rolfe systemic issues. children and youth in care. regarding French language Director: Sue Haslam Director: Diana Cooke services in designated areas.

Legal Services Special Ombudsman Legal support, evidence Response Team (SORT) analysis, report preparation, Systemic issue municipal open meeting investigations, extensive feld investigations. work, follow-up. General Counsel: Laura Director: Gareth Jones Pettigrew and Wendy Ray

Human Resources and Finance and Information Communications Administration Technology Reports and publications, Recruitment, training, human Financial services and website, media relations, resources administration and administration, information social media, video, facilities. technology. presentations and outreach Director: Cheryl Fournier Director: Tim Berry activities. Director: Linda Williamson

12 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario ONTARIO

ONTARIO’S WATCHDOG

Values, Mission and Vision

Our values Our mission Our vision

• Fair treatment We strive to be an agent of A public sector that serves positive change by enhancing citizens in a way that is fair, • Accountable administration fairness, accountability and accountable, transparent and • Independence, impartiality transparency in the public respectful of their rights. sector and promoting respect • Results: Achieving real for French language service change rights as well as the rights of children and youth.

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 13 What we do

You helped me when no one else could! You are my hero.

“ – Message to Ombudsman staff member from complainant”

We receive tens of We can: thousands of complaints about public sector • Help you connect with the • Determine whether or not bodies, most of which appropriate offcials, if you have the organization’s actions or we are able to resolve not already tried to resolve your processes were fair. complaint. without need for a • Flag trends in complaints formal investigation. • Navigate the bureaucracy to find to government offcials and a resolution, if your efforts to do recommend best practices The Ombudsman is an offce so have failed, and the matter is and/or ways to improve of last resort. If you have not within our jurisdiction. administrative fairness. already tried to resolve your • Refer you to others who can • Assist public sector officials with issue with existing mechanisms, help, if the matter is not within general questions about our we will generally refer you to the our jurisdiction. processes or best practices. appropriate offcials. If you have tried other avenues and were not • Attempt to resolve your problem • Conduct a formal investigation, if satisfed, we can review those through communication with the the Ombudsman determines it is processes. organization(s) involved, if the warranted. matter is within our jurisdiction. The Ombudsman can decide to conduct a formal investigation if he determines it is warranted, and it is within his jurisdiction. We cannot: However, some organizations

are outside of our jurisdiction, • Overturn decisions of elected ¢ municipal police or police and some complaints raise offcials or set public policy. services boards issues that are not part of the ¢ self-regulating professions • Redo the work of other Ombudsman’s role. (e.g., lawyers, doctors, nurses, investigative bodies or teachers) accountability mechanisms. ¢ the federal government • Take complaints about: ¢ university student associations ¢ private companies or • Investigate complaints within the individuals jurisdiction of other watchdogs, ¢ judges or court decisions e.g., the Ontario Patient ¢ provincial politicians Ombudsman, Ombudsman ¢ deliberations of provincial Toronto cabinet or its committees

14 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario How we work

COMPLAINT INTAKE We take complaints via the complaint form on our website, by email, phone or letter, or in person. Our staff will contact you for more details if necessary. We will not divulge your name or information to anyone without your consent, and there is no charge for our services. QUESTIONS EARLY RESOLUTION not a complaint? no problem – we also We always seek to resolve complaints at the handle inquiries. Our staff can answer general lowest level possible. To do so, we often make questions or point you in the right direction. informal inquiries and requests for information with the relevant bodies, for example, to learn more about their processes and policies.

REFERRALS If your complaint is not within the Ombudsman’s jurisdiction, we will refer it accordingly. If you haven’t tried existing complaint mechanisms, we’ll suggest you do that frst – and return to us if the issue isn’t resolved.

INVESTIGATION RESULTS If we are unable to resolve the matter We communicate the outcome of individual informally, the Ombudsman may decide investigations and most reviews and informal to conduct an investigation. We notify the resolutions to complainants and the relevant organization in question, and we may conduct public sector bodies, as warranted. Summaries interviews and request documents or other of many such cases are published in our Annual relevant evidence. If the Ombudsman Reports and other communications. When determines that there is a potential systemic the Ombudsman’s recommendations are issue underlying the complaints, he may decide FINDINGS AND REPORTS accepted, our staff follow up to ensure they to launch a systemic investigation. are implemented, and we monitor to ensure The Ombudsman provides his fndings to problems don’t recur. the organization in question for a response before they are fnalized. His fndings and recommendations are published in special reports and/or in our Annual Reports, and shared publicly on our website, via social media, news media and our e-newsletter. Copies are also available from our Offce.

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 15 About this report

Good In the period covered by this report – This report is organized by topic area, rather to April 1, 2018 to March 31, 2019 – the than by government ministry or agency, know Ombudsman’s jurisdiction consisted of arranged by case volume, as shown in the Watch for more than 1,000 public sector bodies, accompanying chart: For example, the frst “Good to know” comprising more than 500 Ontario two categories are Law & Order and Social boxes throughout this government ministries, programs, Services, because they generated the agencies, boards, commissions, highest number of cases. each topic chapter report for explanatory notes. corporations and tribunals, as well as discusses the main complaint trends and 444 municipalities, 72 school boards signifcant cases of the past year. and 10 school authorities, and 21 A breakdown of complaints by ministry, universities. program, municipality, etc. can be found in the Appendix.

CASES BY SUBJECT

LAW & ORDER 2% SOCIAL SERVICES 2%

2% MONEY & PROPERTY 3% 36% MUNICIPALITIES

5% EDUCATION

TRANSPORTATION

9% 15% HEALTH

CERTIFICATES & PERMITS

EMPLOYMENT 13%

14% ENERGY & ENVIRONMENT

16 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario I am so impressed by your CASES BY TYPE “instant response time and your ability to handle such vitally important issues for the common person. I have personally greatly benefted Within each topic area, the most common complaint – by far – from your assistance and is service delivery. Here are the 10 most common types of sincerely thank you for your complaints we receive. efforts.

– Message” to Ombudsman staff from complainant Enforcement of Service delivery 1 6 rules or policies

Administrative Broader public 2 decisions 7 policy matters

3 Delays 8 Procedures

Legislation and/or Internal complaint 4 regulations 9 processes

5 Communication 10 Funding

2018-2019 ANNUAL REPORT • OfficeOFFICE oOFf theTHE OmbudsmanOMBUDSMAN oOFf OntariONTARIOo 17 2018-2019 Highlights

27,419 Total cases received 30% increase over last year

OUTREACH WITH STAKEHOLDERS

93 in 45% 61% events closed within closed within 23 one week two weeks communities

Training and consultation provinces with representatives from 5 and 15 countries

Q A received received stakeholder questions and 51% by phone 39% online 211 consultation requests answered

18 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario TOP 5 COMPLAINT TOPICS COMMUNICATIONS (CASES RECEIVED) 147,412 5,711 website visitors Correctional facilities from 183 countries 3,002 Municipalities 628,388 website pageviews 2,411 Ontario Cannabis Store 450,035 people 1,244 Facebook reach news articles published 873 in fscal 2017-2018 School boards 1,776,260 Twitter impressions 798 781 Family Responsibility 5,611 Offce YouTube views broadcast media stories

REPORTS ON INVESTIGATIONS Suspended State – released September 2018 Press Pause – released July 2018

open meeting general investigation investigation recommendations 22 reports and letters 52 accepted

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 19 Year in review • Cases by topic

March 2019, the government passed Overview the Comprehensive Ontario Police Services Act, 2019, incorporating several This category, comprising matters relating longstanding recommendations by our to policing and correctional services Offce. across the province, as well as other organizations related to justice and law Similar to legislation passed in March enforcement, has traditionally generated 2018 by the previous government but the highest volume of complaints to the never brought into force, the new law Ombudsman. aims to modernize and strengthen police oversight, consistent with Ombudsman Our work in this area has led to recommendations dating back more improvements affecting the rights of than a decade, and recommendations by vulnerable people and their access to Justice Michael Tulloch’s independent justice, from police offcers living with review in 2017. operational stress injuries, to transgender LAW & ORDER and Indigenous inmates in provincial jails. When it is in force, the Ombudsman will The Ombudsman continues to prioritize oversee not just the Special Investigations these issues. We have also focused on unit (already within our jurisdiction, it issues related to mental illness, including investigates incidents where police are improving police de-escalation training involved in serious injuries or deaths), for dealing with people in crisis, and but also the new Law enforcement restricting the solitary confnement of Complaints Authority, which will replace inmates. the Offce of the Independent Police Review Director (OIPRD – currently We received a total of 6,091 complaints outside our jurisdiction). related to the Ministry of Community Safety and Correctional Services and We received 11 complaints about the its programs in fscal 2018-2019 (which Special Investigations unit in 2018-2019, changed its name to Ministry of the and 52 about the OIPRD; the latter were Solicitor General on April 4, 2019). We referred accordingly. also received 1,073 complaints about The Ombudsman continues to have no the Ministry of the Attorney General oversight of municipal police services or and its programs, including the newly police service boards, and our oversight of created cluster of administrative tribunals, the Ontario Provincial Police is limited to Tribunals Ontario. its administrative functions. We received 358 complaints about municipal police Trends in cases – services in 2018-2019, which we referred to other mechanisms where appropriate. policing We also continued to monitor issues related to the Ombudsman’s previous The Ombudsman’s systemic systemic investigations regarding police investigations and submissions on de-escalation training and operational legislative changes have contributed stress injuries (see updates under to major recent changes in this area. In Investigations – policing).

20 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • LAW & ORDER

Investigations – Operational stress injury and suicide affecting Ontario TOP 5 CASE TOPICS policing Provincial Police

Police de-escalation training Report: In the Line of Duty, released Report: A Matter October 2012 of Life and Death, Investigation update: released June 2016 The deaths of 1 Investigation update: 5,711 several OPP offcers Three years after by suicide in 2018 Correctional facilities the Ombudsman sparked renewed scrutiny of issues released this report similar to those examined in our Offce’s and the Ministry accepted all 22 of his systemic investigation report, In the Line recommendations to improve police of Duty. The OPP accepted all of the de-escalation training across the province, Ombudsman’s recommendations in this 2 some progress has been made, but other 2012 report, which revealed more offcers 438 key areas remain to be addressed. had died by suicide over the previous 23 Tribunals Ontario years than were killed doing police work. The Ombudsman’s report called for the Among other things, the OPP made establishment of a new use-of-force improvements to its employee support model and a new regulation requiring and assistance programs for members offcers in confict situations to employ (outside our dealing with operational stress injuries. jurisdiction) de-escalation techniques before using 3 force, where safety considerations In August 2018, it announced an internal 358 allow. In March 2019, the government review of its mental health system, and of Municipal police passed the Comprehensive Ontario member deaths by suicide since 2012. Police Services Act, 2019, which – similar In September 2018, the Ombudsman to legislation passed by the previous announced an assessment of new government a year earlier that was never complaints related to these issues, proclaimed – requires that no one can to determine whether a follow-up be a police offcer without completing 4 investigation is warranted. We have 275 training in “techniques to de-escalate since received more than 90 complaints. OPP confict situations and any other matters Investigators have interviewed prescribed by the Minister.” complainants and stakeholders and are in The Ministry advised us in April 2018 that regular contact with senior OPP offcials a review of the Ontario Police College’s as their internal review continues. de-escalation training curriculum would We are also monitoring developments in 5 be completed by summer; it still has 125 the Offce of the Chief Coroner’s review not been fnalized. Ministry offcials also of police suicides (announced in January Legal Aid Ontario continue to research the use of body- 2019), and the Ministry’s independent worn cameras, and will report back to our review of workplace culture at the OPP, Offce on their progress on all outstanding announced in April 2019. recommendations.

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 21 LAW & ORDER • YEAR IN REVIEW

Good to In the related area of probation and than a year while in jail awaiting know On April 4, 2019, parole, we saw an overall decline in trial. We learned that dentures are the Ministry of complaints (to 53 from 76 the previous normally only provided to inmates who Community Safety year), particularly with regard to issues have been sentenced, but the policy and Correctional Services with parole hearing delays, which allows for exceptional circumstances. After we made inquiries and more changed its name to the Ministry we raised with the Ministry and the Ontario Parole Board. The board has information was provided by the man’s of the Solicitor General. Because since implemented new practices for dentist, his request for dentures was this report refers to complaints scheduling hearings to ensure they are granted. received between April 1, 2018 held before an inmate’s parole eligibility • We connected with a facility’s health and March 31, 2019, it refers to date, as required by law. the Ministry by its former name. care staff to ensure that an inmate with Our Offce has also always had oversight a brain tumour was still able to have an of youth custody facilities. We received MRI that he had scheduled before he 47 complaints about these in 2018-2019, was incarcerated. Trends in cases which represents an increase over the past two years (when we received Inmate-on-inmate assaults – correctional 15 and 20 complaints, respectively). The Ombudsman and staff plan to We received 55 complaints about inmate- services visit several of them in 2019-2020, in on-inmate assaults in 2018-2019, down conjunction with the expansion of our from 64 the previous year. In several We received 5,711 complaints about mandate to include more matters related cases, we followed up to ensure the correctional facilities in 2018-2019, up to children and youth. from 5,010 last year. To handle such a high required investigations were conducted volume of complaints from inmates, our by the Correctional Services Oversight staff prioritize cases where an inmate’s Medical issues and Investigations (CSOI) unit. We also safety or well-being might be at risk, continued to fnd cases where facilities including complaints about health care, Among inmates, access to health care, failed to follow the Ministry’s direction that segregation, assaults and lockdowns. including specialists and medication, is a they complete local investigation reports when inmates assaulted by other inmates Ombudsman staff liaise regularly with top topic of complaint. Many complaints receive “serious injury.” For example: relevant Ministry and correctional facility are referred back to the relevant facility, offcials to discuss individual cases, complaint but our staff follow up in cases where • Our inquiries in a case where an inmate trends, and potential systemic issues. These there could be a serious impact on an was assaulted by 13 others revealed discussions help us resolve complaints inmate’s health. For example: defciencies with the facility’s local quickly and provide valuable feedback to the • After we inquired about a group of investigation report. It was fagged and Ministry about its operations. assigned for investigation by CSOI, and inmates who complained that they the facility created an action plan to The Ombudsman and staff who specialize were not receiving methadone at improve its investigation processes. in this area also visit correctional the same time each day, causing facilities across the province to meet them to experience drug withdrawal • An inmate complained to us of three with correctional workers and inmates, symptoms, the facility changed its assaults by other inmates, including a see the infrastructure and conditions of procedure and began administering sexual assault and an injury that required confnement in person, and clarify our methadone in the inmates’ living units, a trip to the hospital and stitches. After Offce’s role and approach to complaints. rather than bringing them to the health our inquiries determined that a local In several cases this year, these visits led care unit one at a time. investigation report was never done, the to signifcant results because our staff facility acknowledged that it should have were able to observe issues frsthand and • An inmate complained that he had been done, per Ministry policy. suggest concrete solutions. been without his dentures for more

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Indigenous inmate concerns

In May 2016, in response to the federal Truth and Reconciliation Commission’s Calls to Action, the province committed to, among other things, enhancing “healing services and cultural supports for Indigenous inmates in custody.” Provincial inmates receive such services through a native Inmate Liaison Offcer (nILO), who can arrange for culturally relevant ceremonies, counselling or teachings for inmates. We received 52 complaints related to Indigenous services, most from inmates at facilities that lacked them. A group of November 27, 2018: Ombudsman Paul Dubé at Toronto South Detention Centre, one of several 21 inmates at one facility wrote to us that site visits and meetings with correctional offcials in 2018-2019. the mental health of Indigenous inmates was becoming an “ongoing crisis.” In and no toilet. One room was so small part of an institution.” We received 483 speaking with inmates and correctional that the women could not lie down fully, complaints about lockdowns in 2018- staff, we learned of at least fve facilities and their mattresses had to be folded to 2019 (up from 437 the previous year), the that lacked a nILO. At three of these, ft. After we made inquiries, senior staff bulk of which related to inmates lacking staff told us that recruiting a nILO was at the facility directed that inmates are access to phones, showers, day rooms or diffcult and that the relationship between not to be housed in those rooms under activities. These included 138 complaints Indigenous communities and the Ministry any circumstances. from inmates at a facility where a staff needed to be strengthened. The Ministry work slowdown resulted in several has agreed to update our Offce on its • During a site tour, our staff noticed lockdowns, and 60 from the same facility efforts to improve Indigenous services that a female unit was triple-bunked during another period, when staff summer and the nILO program, and we continue even though a larger unit was vacant vacations prompted lockdowns. to actively monitor this issue. – it was used only on weekends for inmates serving intermittent Many inmates complained that long sentences. After we followed up with Overcrowding periods of lockdown were harmful to their senior Ministry offcials, the larger mental health, as they were deprived of unit was converted to a female unit, Correctional facilities that are over many basic necessities and the ability eliminating triple-bunking and doubling capacity sometimes resort to “triple- to contact loved ones or lawyers. Senior the facility’s capacity to house women. bunking” inmates (housing three in a cell correctional offcials confrmed to us The weekend inmates were moved to designed for two, which usually means that they are forced to place inmates on another facility. one must sleep on the foor), or placing lockdown when there is a staff shortage. them inappropriately. We received 48 Some facilities work to redeploy staff and complaints about overcrowding in 2018- Lockdowns rotate lockdowns from unit to unit, to 2019, and also alerted senior offcials to ensure inmates have a chance to leave conditions we observed during site visits. Our Offce routinely receives complaints their cells. For example: from groups of inmates when they Our staff follow up on individual and group experience a lockdown, which the • Two female inmates complained that complaints with institutions around the Ministry describes as a “strict limitation they had to spend several nights in tiny province, as well as Ministry offcials as on the movement of inmates in all or change rooms, containing only a bench warranted.

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Transgender inmate concerns • Introducing alternative housing Investigations – arrangements, with conditions that are We received 18 complaints about issues correctional less restrictive than segregation; affecting transgender inmates in 2018- • Hiring more than 200 new staff, 2019. Some inmates complained about services including dedicated positions for being placed in housing contrary to their segregation and related inmate health gender identifcation, while others sought Tracking of inmates in our help in accessing services or dealing care needs. segregation with allegations of discrimination. Our staff The Ministry continues to work on other raised these issues with facility offcials as recommended measures, including Report: Out of warranted. For example: the creation of independent panels to Oversight, Out of • A transgender woman sought our Mind, released April review segregation placements. Other help after she was moved without 2017 improvements that were part of the her consent from a female unit to a Correctional Services Transformation Investigation update: male unit, where she was threatened Act, 2018, which was passed under the Since the release and assaulted by another inmate. Our previous government in May 2018, have of this report, the staff quickly confrmed that a Deputy not been proclaimed in force. Ministry has provided the Ombudsman Superintendent was following up on with regular updates on its progress in The need for such changes was the incident, and that the woman was underscored by Justice John Fregeau of moved back to a female unit. implementing his 32 recommendations for improving its tracking of inmates the Ontario Court of Justice on January • Transgender inmates at one facility in segregation, also known as solitary 28, 2019, in his decision to set Mr. Capay complained to us that they were not confnement. It has fully implemented 11 free and stay his murder charge. The allowed to use the common area of these, with the other 21 in progress. judge found the province’s “complete bathrooms in their unit. After we and utter failure” to manage Mr. Capay’s The investigation was prompted in part by made inquiries, the facility changed its incarceration led to “outrageous, internal practices to ensure transgender a steady rise in complaints to our Offce abhorrent, and inhumane” violations of inmates had equal access to common from inmates in prolonged segregation his rights. area bathrooms. – often to the detriment of their mental health – as well as the shocking case of Individual cases: We continue to deal Voting Adam Capay, who had spent four years in with complaints about segregation segregation in Thunder Bay awaiting trial placements – 266 this fscal year, We received complaints from 28 inmates for murder, with no accurate records or down slightly from 296 last year. Some at several correctional facilities regarding reviews of his placement. examples: issues with voting in the provincial and municipal elections, in June and October In fscal 2017-2018, the Ministry made • An inmate with mental health issues 2018. At one large facility, no inmates improvements to its system for tracking complained that he had been in were able to vote in the provincial election segregation placements and ensuring segregation for more than a year, because information about the voting that these are reported and reviewed as to the detriment of his health. We process was not properly provided. required. More recent changes made by were told that he was in segregation At another facility, miscommunication the Ministry include: because he had been deemed resulted in some requests to vote being a risk to the safety of staff and • A new definition of “segregation” that lost. Our Offce raised these issues with other inmates, but after we made aligns with internationally accepted senior Ministry offcials, and the Ministry inquiries, he received more frequent standards, based on the conditions has committed to making the necessary medical assessments, as required the inmate is experiencing rather than changes to prevent these issues from by Ministry policy. physical location. recurring in future elections.

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• An inmate complained to us that he Excessive use of force by had been in segregation for almost 80 correctional offcers TOP 5 CASE TOPICS – days, despite being told he would be moved. Our staff confrmed that the CORRECTIONAL Report: The Code, facility was reviewing his placement released June 2013 SERVICES regularly, as required by policy, and Investigation update: that there was a plan to move him to The excessive use of force another unit within a few days. by correctional offcers is • An inmate was placed in segregation a serious issue that our after she told correctional staff she had Offce has monitored for years, and fagged to the Ministry several 1 been threatened by two other inmates, 483 but she remained there after they times – including in 2011, when the Special Lockdowns were released. She sought our help, Ombudsman Response Team conducted an saying the isolation was increasing her in-depth systemic investigation. The resulting anxiety and depression. We contacted report, The Code, released in June 2013, made 45 recommendations to the Ministry to eradicate the facility, which removed her from the “code of silence” among staff with regard to segregation the next day. excessive use of force, and to improve training 2 and investigations of such incidents. 266 The accused, a young, mentally The Ministry has implemented almost all Segregation ill,“ Indigenous man, was detained of the recommendations, apart from the placements in continuous segregation in installation of video cameras at all facilities, which is expected to be completed by 2020. deplorable conditions for 1,647 However, we continue to keep a close eye days. He was confned to his cell on complaints about excessive use of force, 3 for more than 23 hours per day for which increased to 107 in 2018-2019, from 107 74 the previous year. When warranted, Excessive extended periods of time. He was our staff make inquiries and monitor the use of force subjected to near total isolation response of mechanisms such as the Ministry’s Correctional Services Oversight and during the initial three-month Investigations unit (CSOI). For example: period of segregation during which • An inmate complained that he was cut 4 time his mental health deteriorated when a correctional offcer closed the cell 55 dramatically. […] It is obvious that hatch on his hands. Our review of the Inmate-on-inmate facility’s local investigation of the incident assaults the segregation review process revealed that photos weren’t taken at the in the case of the accused was time, as required by policy. We have since meaningless at the institutional confrmed the facility has improved its investigation process. and regional levels. 5 • An inmate complained to our Office that 52 ” a correctional offcer dragged him out of – Justice John Fregeau, R. v. Capay, Indigenous services 2019, ONSC 535, January 28, 2019 his range and choked him. Our review of the local investigation report determined that the evidence did not corroborate the inmate’s allegations.

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services to health to property, parole and Ontario for several years sought our help Other trends in other matters, their administration falls to after she learned that the adjudicator cases the Ministry of the Attorney General (hence assigned to her case was no longer able their inclusion in our Law & Order chapter). to continue. The prospect of having to Legal Aid Ontario We received 549 complaints about 24 resume the entire hearing process from different tribunals in 2018-2019 – most the beginning was especially troubling of which related to the Landlord and for her, as she was already dealing with We received 125 complaints about Legal Tenant Board (207 complaints), and the post-traumatic stress disorder related Aid Ontario (LAO) in 2018-19, consistent Human Rights Tribunal of Ontario (95). to the matter. She tried to resolve her with the previous year’s total of 120. Three-quarters of these complaints concerns directly with the tribunal, but Our staff were able to help several related to tribunals that are now part received conficting responses about the complainants sort out issues with LAO’s of Tribunals Ontario, a new cluster of available options. After we made inquiries, decisions and how it communicated them. 19 tribunals headed by one executive the tribunal determined that the original For example: chair, established in January 2019 adjudicator would be able to fnish the • A man’s lawyer stepped down on (previously, these tribunals were in three hearing after all, and communicated this the frst day of trial, leaving him clusters: Social Justice Tribunals Ontario, to her. unrepresented. The man was convicted, environment and Land Tribunals Ontario, and wanted LAO to have a new lawyer and Safety, Licensing Appeals and represent him when he was sentenced, Standards Tribunals Ontario). Re: Vision but he received no response. Our The most common complaints across An inmate complained to us that staff inquiries revealed that LAO had sent a these tribunals – and others not part of at his correctional facility had taken his denial letter to him at a detention centre these clusters – relate to their decisions eyeglasses and refused to return them. where he was no longer being held. and long delays. The Ombudsman Our Offce made inquiries with the Once he connected with LAO, he was cannot overturn tribunal decisions or facility and confrmed that the inmate’s able to submit his appeal. act as an appeal body, but can review glasses had been lost. Offcials at the • A woman sought our help after she their decisions and processes and make jail agreed to ensure that he received received a letter from LAO denying recommendations for improvement. We a new prescription, and committed her request to change solicitors and have been told the primary source of delay to paying the cost of the replacement referring her to another program to is a shortage of tribunal adjudicators. glasses. The inmate was thankful for request a senior lawyer – only to have Delays can have serious consequences our help. that program tell her the referral was for people seeking to assert their rights. an error. LAO offcials agreed to review Ombudsman staff have met with Tribunals their letters and ensure that only Ontario’s chair to share information about A time to mourn appropriate referrals are provided. complaint trends and our concerns about extensive delays and backlogs. We will An inmate sought our help in reaching the Administrative tribunal delays monitor its efforts, as well as those of appropriate correctional offcials after her individual tribunals, to address delays and father passed away and she could not get each year, our Offce receives hundreds improve frontline service delivery. a response to her request to attend his of complaints about the province’s funeral. She had made repeated requests 37 administrative tribunals, which are Case summaries for a temporary absence pass, but had independent, quasi-judicial bodies that heard nothing, and feared she would miss make decisions about everything from her chance to pay her respects. After beneft entitlements, to human rights Without further delay Ombudsman staff spoke with staff at the matters, to property disputes. Although facility, they made arrangements for her to the focus of the tribunals runs the gamut A woman who had been pursuing her visit the funeral home. of provincial responsibilities, from social case at the Human Rights Tribunal of

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change expands the Ombudsman’s Overview and mandate to child protection matters, trends in cases meaning that our Offce will be able to investigate complaints about children’s aid societies (CASs) and residential licensees, The provincial government provides a among other things. We routinely receive wide range of social services and supports hundreds of complaints about CASs – 384 to some of Ontario’s most vulnerable in 2018-2019 – but have always had to people, through a network of programs, refer them elsewhere because they were agencies and government-funded service outside of the Ombudsman’s jurisdiction. providers. Municipalities also provide social assistance through Ontario Works. Given the large number of people served Ontario Autism Program by so many bodies, our Offce has always received a high volume of complaints in Complaints to our Offce about this category – and achieved signifcant developmental services programs – SOCIAL SERVICES results, both through individual resolutions and services for children with autism in and systemic investigations. particular – have ebbed and fowed over many years, with spikes in complaints Several signifcant changes were typically occurring when governments made in this area in fscal 2018-2019, announce changes to funding programs particularly after the June election. The and eligibility criteria. new government created the Ministry of Children, Community and Social Services, On February 6, 2019, the government combining the former ministries of announced the latest such change, Community and Social Services, Children introducing a system of direct funding to and Youth Services, and Immigration. It families of children with autism, as well as also announced changes to the way it a strategy to reduce or eliminate waitlists funds services for children with autism, for services. Initially, the level of funding sparking widespread confusion and was to be determined by household complaints. income, but this was later revised to provide for some funding regardless At the same time, improvements of income. Other announcements continued at two of the organizations related to continuing services that were that our Offce has repeatedly noted as already being provided under individual top complaint generators – the Family behaviour plans, expanding the list of Responsibility Offce and the Ontario services eligible for funding, and further Disability Support Program – although consultation on supporting children with complaints about the latter increased complex needs. slightly. We received 575 complaints about autism Another signifcant change was the funding for children this year, 569 of those government’s decision to close the after the February announcement. Many independent offce of the Provincial families and other stakeholders raised Advocate for Children and Youth, and concerns about the funding cap and the transfer its investigative mandate to the potential effects of the changes, and a Ombudsman as of May 1, 2019. This

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signifcant number were angry about the FRO’s efforts to improve customer service incurred before FRO can enforce the government’s policy decision and political in this area. amounts claimed. Some examples: approach. We continue to hold regular meetings with • A father complained FRO had accepted In dealing with such complaints, the FRO offcials to fag recurring issues, and more than $2,200 expenses from his Ombudsman and staff distinguish political monitor their ongoing work to improve ex-wife without obtaining the proof questions from administrative ones. The customer service and the effectiveness of required by a court order. After we Ombudsman does not intervene in broad FRO’s enforcement efforts. made inquiries, FRO asked the recipient public policy decisions or actions taken by for proof of the expenses and she Delays and misinterpreted court orders elected offcials. However, our Offce does refused; the man was not required work to ensure that the implementation The most common complaints we see to pay. and administration of such decisions is about FRO relate to bureaucratic lapses, • FRO acknowledged that it had accepted fair, accountable and transparent. such as misinterpreting court orders or a support recipient’s claim for hotel failing to act quickly enough when support Senior Ombudsman staff met with expenses related to a children’s hockey orders are adjusted. Such mistakes can offcials at the Ministry to review the tournament without verifying it, as prove costly for the people involved. rollout of the new funding program required by a court order. Inquiries For example: and to discuss trends in complaints. by our staff resulted in almost $700 These include concerns about reduced • Our intervention prompted FRO to in expenses being removed from the funding, inadequate communication with refund one man more than $3,600 that payor’s fle after FRO confrmed the affected parents and stakeholders, the he had overpaid because it took so recipient could not prove the children impact of the changes in the far north long to implement the terms of a new had been registered for a hockey (given the unique needs of Indigenous court order that reduced his support tournament. families in fy-in and other remote obligations. Interjurisdictional support orders communities). We continue to meet with • We helped a mother of three In cases where either the support payor the Ministry on a regular basis and are who complained that FRO’s or recipient lives outside of Ontario, FRO’s actively monitoring steps being taken to misinterpretation of a court order had Interjurisdictional Support Order (ISO) address the administrative issues that resulted in it mistakenly issuing a credit unit works with the relevant agencies to have been raised. to her ex-husband. As a result of our enforce court-ordered support. Complaints inquiries, FRO confrmed its error and about the ISO unit declined in 2018-2019, Family Responsibility Offce adjusted the fle to show the mother to 30 from 47 the previous year. In several was owed more than $11,000. (FRO) cases, our intervention spurred action by Unproven “special” expenses both agencies. For example: The FRO, which is responsible for We received several complaints this enforcing court-ordered child and spousal • A woman who was owed more than year about FRO improperly accepting support, remains one of the most $175,000 in support by her ex-husband support recipients’ claims of “special complained-about provincial organizations, complained to us that the enforcement or extraordinary expenses.” These are although complaints continued to decline agency in the u.S. state where he additional expenses relating to such in 2018-2019. In fact, the 781 complaints lives refused to register her case, and things as a child’s extracurricular activities, we received (down from 912 last year) that FRO had indicated it could do daycare or health care, which a court can is the lowest number since 2011. nothing about it. After we spoke with order a support payor to cover in addition Ombudsman staff have worked closely FRO offcials, they contacted their to monthly child support. In some cases, with FRO and Ministry leadership for counterparts in the u.S., who asked the the court will require a recipient to provide several years to fag issues proactively, local court to register the woman’s case proof or receipts that such costs were and the Ombudsman has complimented for enforcement.

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Ontario Disability Support discuss why ODSP had cancelled his Program (ODSP) medical transportation and special diet allowances. Our staff ensured he was TOP 5 CASE TOPICS provided with information on what he Providing social assistance to thousands needed to do to have these services of Ontarians who meet the legislated reinstated. defnition of disability, as well as coverage for drug and dental needs, medical • We prompted ODSP officials to approve transportation costs and special diets, coverage to transport a woman to her ODSP consistently generates hundreds weekly dialysis appointments after she 1 of complaints to our Offce. As with FRO, complained they had taken too long to 781 however, we have worked with program process her application and she could FRO offcials for years to address recurring not afford transportation. issues – and this has coincided in recent • ODSP repeatedly insisted it needed years with a decline in complaints. consent from its client, a woman We received 773 complaints about who was terminally ill and unable to ODSP in 2018-2019, up slightly from 760 communicate, to discuss her benefts 2 the previous year. Among the common with her son, even though he had 773 themes we noted were diffculties in power of attorney. Ombudsman staff ODSP contacting or communicating with ODSP assisted the son in providing ODSP staff, a lack of timely response, or issues with the documents it needed for him with ODSP decisions or service. Our to act on his mother’s behalf. Offce receives very good co-operation • An ODSP recipient who had cancer and from the Assistant Deputy Minister and relied on ODSP to pay her rent was 3 other senior staff of the Social Assistance unable to contact her caseworker and 575 Operations Division. feared eviction because her landlord Ontario Autism Ombudsman staff often resolve had not received payments from ODSP Program complaints by facilitating communication for two months. After Ombudsman between ODSP clients and caseworkers. staff contacted ODSP offcials, they Where warranted, we ensure they immediately arranged for the landlord to (outside our jurisdiction) are aware of the appropriate appeal receive the outstanding cheques. 4 until May 1, mechanisms. Some examples: 384 2019) Children’s aid • A caseworker refused to release a Ontario Works societies beneft cheque to an ODSP recipient without an in-person meeting. Our We received 248 complaints this Offce pointed out that the client year about Ontario Works, which is had mobility issues and would administered by municipal service have diffculty attending such an providers and social services 5 appointment. We ensured they were administration boards across the province. 248 able to connect and that the man This number is down slightly from 253 Ontario Works received his cheque. last year. Our staff resolve many of these cases by bridging communication • An ODSP client was frustrated when gaps between benefts recipients and he could not reach his caseworker to their caseworkers, or by helping people

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understand what they need to do to apply for housing – including some involving • The mother of a 17-year-old with autism for benefts. For example: people who were waiting in hospitals and developmental delay sought our to receive services. We review these help in obtaining funding for residential • A mother sought our help in reaching complaints to ensure that Ministry staff care for her son, who could not be Ontario Works after her sons went are aware of urgent individual cases and cared for at home because of violent to spend their holiday at their father’s are responding in a timely and effective behaviours. The only place available for home more than 300 km away – and manner. him was the hospital, which wanted the father had no funds to send to discharge him. Ombudsman staff them home. Our staff contacted her We also noted that complaints about worked with Ministry offcials to ensure caseworker, who confrmed that the services and treatments for children with they were aware that the situation was children’s transportation costs would be special needs increased in 2018-2019, urgent, and that his funding application covered so they could return home. to 46 from last year’s 38. Many of these had been received. They confrmed • A man complained to us that Ontario complaints related to a lack of funding they were reviewing the case, and Works was insisting he pick up his and services as well as long waitlists for the teen was approved for funding latest monthly cheque in person, when residential supports and treatment. Our and moved to a residential placement he had just signed up for direct deposit. staff review these cases to ensure that shortly thereafter. Ontario Works staff explained that they Ministry staff and service agencies are had mailed the cheque to his previous helping connect families with appropriate home, just before he moved into a services and supports where possible. Investigations shelter. They needed him to confrm We also fag cases where families are in person that he hadn’t received the being told to surrender custody of their Services for adults with cheque. After speaking with us, they children in order to have them placed developmental disabilities contacted him and offered to pay his in residential care – an issue our Offce in crisis bus fare to meet them. investigated and the Ministry committed to resolve after our 2005 report, Report: Nowhere Services for adults and Between a Rock and a Hard Place (see to Turn, released children with developmental further details under Investigations). August 2016 disabilities Some individual case examples: Investigation update: When the • A mother sought our help after her Ombudsman released With the government’s three-year, local Developmental Services Ontario this in-depth report $1.8-billion investment into the extensive offce told her that her son, who had nearly three years ago, the Ministry and complex system that provides lost access to the services and funding agreed to implement all 60 of his supports for adults with developmental he received as a child when he turned recommendations to overhaul services disabilities now into its second year, we 18, would have to wait six months for adults with developmental disabilities received fewer complaints in this area to be reassessed for services. She whose families are unable to care for than the year before – 91 in 2018-2019, was also caring for another son and them at home or are otherwise in crisis. down from 127 last year. Many of the husband with disabilities and was The report stemmed from more than issues raised are similar to the systemic concerned that the lack of activities 1,200 complaints over several years – ones detailed in the Ombudsman’s 2016 and services for her 18-year-old was many from desperate families whose report, Nowhere to Turn (see further affecting his mental health. Three loved ones had ended up in hospitals, details under Investigations). weeks after Ombudsman staff long-term care homes, homeless shelters Common complaints this year included made inquiries, the teen received his and even jail because appropriate services insuffcient funding and long waitlists reassessment. were not available to them.

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Our Offce’s ongoing follow-up on services for him. Ombudsman staff this was wrong. The affected parents had this report is twofold: We review raised the case with Developmental custody of their children restored, and the regular updates from the Ministry Services Ontario offcials, who Ministry committed to ensuring that this on its progress in implementing the determined the man was in crisis and did not happen to other families. Ombudsman’s recommendations, and provided him support on an urgent Despite this, we still hear of a few similar we continue to help individuals who basis. He was later moved to a long- cases every year where, even though come forward with similar complaints term care home, which the sister felt there are no child protection concerns, – nearly 400 since the release of the was the most suitable option for his families in crisis situations were required report. Ombudsman staff fag these medical needs. to temporarily relinquish custody of their cases to the Ministry as necessary to The Ministry has invested $1.8 billion in children to children’s aid societies in order confrm that the developmental services increased funding in this area over three to receive services. even in cases where system is following its processes and years, and it has announced that every there are child protection concerns, they these vulnerable people are receiving adult with a developmental disability are often the result of a lack of services the services they need. who is eligible to receive services as for the family in the home, particularly For example: determined by Development Services when the child with a developmental Ontario will receive a minimum of disability is living with siblings. The • A 35-year-old man who has dual $5,000 in direct funding per year. Some children’s system appears to lack a diagnosis and was at risk of harming funding will also be used to increase process by which families can access himself and others was stuck in in-home supports and create new temporary services in urgent situations. hospital for more than three months residential spots for people who in the For example: because there were no community past might have been inappropriately placements available. His mother • Ombudsman staff flagged a case placed in hospitals or long-term care complained to us that the hospital was where a 13-year-old with autism, homes. As some of the Ombudsman’s telling her he was ready for discharge, depression, anxiety and other recommendations remain to be fulflled, while the local Developmental behavioural issues that had required we will continue to monitor its progress. Services Ontario offce insisted he police and hospital intervention had was not. Ombudsman staff made been waiting for a residential treatment inquiries and suggested the mother Care and custody of children for months. The youth’s mother told provide the DSO with documentation with complex special needs us the local children’s aid society had from the hospital. Soon after, the asked her to consider a temporary hospital and local agencies began Report: Between care agreement in order to put him in a working on fnding the man a a Rock and a Hard residential placement in another region, community placement. Place, released May until treatment could be found closer 2005 to his home. We made inquiries and • When a 51-year-old man with a Investigation update: monitored the actions of the Ministry developmental disability and seizure When our Offce’s and service agencies. The teen was condition moved across the province investigation 14 years admitted to a residential treatment to be closer to his sister, he lost his ago revealed that parents were being facility, without his mother surrendering funding. His sister paid for him to told that the only way they could obtain custody. She informed us that his stay at a residence in the community, residential care for their children with behaviours improved in this placement, but sought our help after he became complex special needs was to surrender and she had applied for funding to injured from having seizures at the custody to children’s aid societies, there receive support services for him when facility, which did not have adequate was agreement across the province that he returned home.

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Case summaries A parent error

Not on board A father complained to us that FRO had collected thousands of dollars of support payments from him for 14 years, even An Ontario Works recipient sought our though his daughter was no longer in the help when he received a letter saying he care of her mother but had been made would have to repay $1,835 to Ontario a Crown ward. FRO offcials confrmed Works, and that his monthly income to us that they had received information would be reduced by $202. He was in 2004 indicating that the girl was in the baffed and upset by this, and offcials had care of a children’s aid society, and they not responded to his request for a review. acknowledged they could have taken When we looked into the case, we steps to gather information about her learned that the man had mistakenly told status at the time. They agreed to refund his caseworker that he paid “room and the man $4,100. board” at his residence. Ontario Works took this to mean that his payments to his landlord also covered meals, and Credit undo reduced his payments accordingly. Once it was confrmed that his rental agreement A mother who receives support for her covered only accommodation, Ontario adult child with disabilities sought our help Works quickly waived the repayment after she inadvertently provided inaccurate request and restored his monthly information to FRO, resulting in the payments. termination of her support and a $21,000 credit to the payor. Ombudsman staff Auto-threat inquired with FRO offcials, who agreed to review the matter instead of requiring the woman to go to court and seek a new A pensioner who had a longstanding court order. Her support was reinstated agreement to pay her family support and the credit withdrawn. arrears off at $50/month complained to us that the Family Responsibility Offce (FRO) sent her a letter threatening to garnish half

of her monthly income, which would leave her with no money to pay her utility bills. When our staff contacted FRO offcials, they determined the letter had been automatically generated by their system because of the age of the case. Once the woman confrmed her fnancial situation remained unchanged, she could continue paying $50/month.

32 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • MONEY & PROPERTY

about government organization of the Overview and year. To deal with such a large volume trends in cases of complaints quickly, we established a dedicated team to triage and prioritize these complaints, working collaboratively This category includes complaints about with senior staff at OCS and the Ministry of Finance organizations, such as Ministry of Finance through weekly the Financial Services Commission, the teleconferences. Ombudsman staff Ontario Lottery and Gaming Corporation, stressed to OCS the importance of giving the Municipal Property Assessment customers timely and specifc information Corporation and – new this year – the about their orders. We also followed up Ontario Cannabis Store. It also includes on all billing issues where there was a the Ministry of the Attorney General’s fnancial impact to the individual, such as Offce of the Public Guardian and Trustee, duplicate charges or delayed refunds. which handles money and property matters for people who are incapable of Among the issues we identifed was a MONEY & PROPERTY doing so themselves. serious privacy breach involving Canada Post’s online tracking portal, which Ontario Cannabis Store (OCS) allowed anyone to see the name and address of an OCS customer if they had a tracking number. The OCS and Canada As Ontario’s sole authorized seller of Post quickly rectifed this issue. recreational cannabis when it became legal at the stroke of midnight on October On December 7, 2018, OCS President 17, 2018, the Ontario Cannabis Store’s and CeO Patrick Ford wrote to the online operation faced an overwhelming Ombudsman thanking him for his support demand in its frst days and weeks of and engagement, noting that by working operation. together, staff from both offces were able to resolve the vast majority of complaints. We began to receive complaints within a week from people who had not received As of April 1, 2019, cannabis is now their cannabis orders, and within three also sold through private retail stores, weeks, more than 2,100 people from regulated by the Alcohol and Gaming across the province fled complaints about Commission of Ontario (AGCO). Although delivery delays, lack of communication the Ombudsman does not oversee private and a customer service process that was businesses, we do oversee the AGCO, unhelpful and diffcult to access. Many whose role is to ensure that licensed complainants also expressed general operators meet regulatory requirements dissatisfaction with the province’s rollout with regard to advertising, sales to minors of legal cannabis, and some also raised and storage of cannabis products. It has concerns about privacy breaches, billing its own complaints process, including a issues and product quality. customer service line and online portal. We will monitor complaints and any By the end of fscal 2018-2019, ongoing issues with regard to the OCS complaints about OCS totalled 2,411, and AGCO. making it the single most complained-

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I am writing to thank you and “your offce for your support and Comments from OCS customers engagement with the Ontario Cannabis Store (OCS) in the weeks Since the Ombudsman’s offce started assisting OCS, the quality of following the federal legalization the“ Crown corporation’s service has been increasingly improving each of cannabis. The feedback we have week. received has been very helpful ” […] We know there are still some Thanks for listening and helping us get our orders fulflled. It really complaints and ongoing questions “did make a difference in how OCS handled the situation after your offce that will continue to require intervened. attention and we are committed ” to ongoing engagement with your I would like to thank you for all of your hard work on this matter. You offce and our customers to address “were professional and prompt throughout the entire process. these in a timely manner. ” – Ontario Cannabis Store President” and You and your offce have a diffcult job and I appreciate your time and CEO Patrick Ford, letter to Ombudsman, effort.“ December 7, 2018 ”

Municipal Property involved disagreement with MPAC’s • An owner who had always paid his Assessment Corporation decisions on property assessment property taxes automatically through values and classifcation, and confusion (MPAC) his bank was surprised to learn he about appeals. Our staff helped facilitate was in arrears because MPAC did communications with MPAC in some not specifcally advise him of the roll every four years, MPAC conducts a cases, or provided information about the number change when he consolidated provincewide assessment of property assessment appeal process. his property with an adjacent one. values and issues assessment notices We continue to monitor concerns Ombudsman staff made inquiries to owners, upon which their local involving errors in the assessment rolls with MPAC, which apologized to the property taxes are based. The last such that MPAC prepares every year for man and committed to reviewing its assessment was in 2016, although MPAC all municipalities for the calculation of processes to improve communications also continuously reviews properties property taxes. We noted 2 such cases with property owners. whose values change due to building, in last year’s Annual Report, which have renovations or changes of use. MPAC has committed to reviewing its since been resolved: processes in order to reduce errors when Complaints to our Offce related to • A commercial property owner received recording the consolidation or severance MPAC tend to be higher in assessment a bill for $100,000 in taxes owed of properties, and to provide more years. We received 57 complaints about because of an assessment roll error that information to property owners and local MPAC in 2018-2019, which is consistent wasn’t discovered for six years. After tax authorities about changes to property with the previous year’s total of 55, we raised this case with MPAC, it sent roll numbers in these situations. and other non-assessment years. Most the owner a letter of apology.

34 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • MONEY & PROPERTY

Offce of the Public Guardian application, PlayOLG. In October and and Trustee (OPGT) november 2018, we received 32 cases, most of which related to poor customer TOP CASE TOPICS service experienced by people trying For several years, Ombudsman staff have to withdraw funds from their PlayOLG worked with OPGT offcials to address accounts. Despite the OLG’s publicly individual and systemic issues with the advertised commitment to do direct service and communication it provides to deposits within 3-5 business days, some its often vulnerable clients. Complaints players told us they had waited up to about the OPGT have been on the decline three months to receive their money. 1 as a result – we received 178 in 2018-2019, 2,411 down slightly from 182 last year. Ombudsman staff spoke with senior Ontario Cannabis offcials from OLG, who said an August Store However, we continue to hear complaints 2018 promotional campaign for PlayOLG about the decisions rendered by OPGT received a much higher than anticipated staff on clients’ behalf, poor or delayed response. Withdrawal requests became communication, or other mixups. In backlogged because they could only other cases, we confrm that OPGT is be processed by specially trained and 2 following its policies and procedures. 178 Some examples: licensed staff, and players were notifed Offce of the Public about the delay via email and the PlayOLG Guardian and Trustee • When a woman complained that she Twitter and Facebook accounts. OLG staff did not receive a promised $20 increase told us they have since addressed and in her weekly allowance, our inquiries cleared the backlog. revealed that OPGT staff had wrongly entered it into their system as a 3 OLG’s self-exclusion program 75 monthly increase instead. The error was fxed and the money was deposited in Ontario Lottery and the woman’s bank account. To assist people who want to take a break Gaming Corporation from gaming at its facilities, the OLG has • When the family of an OPGT client a voluntary “self-exclusion” program. In complained to us that it was selling the late 2016, it introduced a policy of “prize man’s house, we confrmed that it had disentitlement” to bar people on the self- done a comprehensive review of his 4 exclusion list from winning prizes at OLG 57 situation, and prompted OPGT offcials gaming facilities. Previously, people who Municipal Property to communicate with the family to had signed up for self-exclusion could still Assessment explain this. keep their prizes, despite agreeing to stay Corporation away from gaming. Ontario Lottery and Gaming We have reviewed 2 cases of people Corporation (OLG) online who were refused prizes of $10,000 or casino more by the OLG because they were on the self-exclusion list. Our review of their We received 75 complaints about the complaints raised several issues with OLG in 2018-2019 – up from 49 the the OLG’s actions, including that it did previous year, largely due to an increase not do enough to publicize the new in complaints about its online casino prize disentitlement policy, to update its

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 35 MONEY & PROPERTY • YEAR IN REVIEW

self-exclusion program list, or to keep Unsigned but delivered Cracking the code people enrolled in the self-exclusion program out of gaming facilities in the frst A woman placed an order with the A small business owner sought our place. As a result of our intervention in Ontario Cannabis Store (OCS) on October help after he was ordered to install fre one of these cases, the OLG resolved it to 17, 2018, the frst day that recreational detectors and alarms on his property, the complainant’s satisfaction. cannabis became legal in Canada. She noting that he could not access the The OLG has committed to providing complained that two weeks later, she technical standard of the Ontario Fire our Offce with regular updates on its arrived home to fnd the package had Code that was cited in the order. He was improvements to the program. These been left on her porch – contrary to told that because the information was include clarifying the information on its the requirement that an individual over copyrighted, the only way to obtain a copy website, improving the process through age 19 must sign for cannabis delivery. was to purchase it from the company which a self-excluded player can return Ombudsman staff made inquiries with that developed it, or go through the Fire to gaming after completion of their self- OCS, which reviewed the delivery policy Sciences Library in Toronto. His local exclusion term, and upgrading the facial with Canada Post to ensure its products library was unable to help him access the recognition technology it uses to identify were being signed for and delivered to information, and he complained it was those who enter its facilities. people 19 and over. unreasonable that he could not get free access to it. Ombudsman staff raised this Coming up empty case with the Offce of the Fire Marshal, Case summaries which updated its website to let the public know to contact the Fire Sciences A cannabis purchaser received a delivery Library and Resource Centre to arrange Sharing the wealth from the OCS that turned out to be an access to the standards and codes cited empty box. OCS offcials told him he could The family of a man who won $2,000 in in the Ontario Fire Code and Ontario place a new order without charge, but the lottery but died before he could collect Building Code. We also spoke with the he would frst have to print out a return the prize sought our help in dealing with Fire Sciences Library, which implemented shipping label, attach it to the empty box, OLG offcials, whom they had contacted a new process for this type of request, and send it back to them. Faced with the several times over the course of four and helped him get the information he absurdity of having to return an empty months. They were told they would have needed. box for a refund, he complained to to submit the man’s death certifcate, our Offce. After Ombudsman staff along with information about where the made inquiries, the OCS expedited his winning ticket was purchased, which replacement order, without requiring him was missing from his original claim form. to return the original box. After they still received no response, Ombudsman staff contacted OLG offcials, who explained that the case had been delayed due to staff turnover, and more documentation was needed. They then obtained the necessary information from the family, who have since received the prize money.

36 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • MUNICIPALITIES

Part of this shift is tied to another Overview positive development: All municipalities are now required to have codes of The Ombudsman handles thousands conduct for members of council and of complaints about municipalities provide the services of an integrity every year. These cases fall into two commissioner (this measure came into broad categories: Those related to open effect on March 1, 2019, but many meetings – and everything else. municipalities put these accountability Since 2016, Ontarians have been able mechanisms in place in 2018). to complain to us about any aspect of The Ombudsman has always municipal government and administration, encouraged municipalities to have their and we handle these cases just as own accountability offcers and clear we have handled those related to the processes for handling complaints, provincial government for more than since local issues are best handled at 40 years: Resolving them informally the local level. Our Offce does not wherever possible, by helping people MUNICIPALITIES replace these offcers; our role is to navigate local bureaucracy or making ensure they are working as they should, inquiries with relevant offcials. In many cases, our intervention assists both and to intervene as warranted in areas parties, resulting in clearer processes where they cannot reach. for all. To ensure municipal stakeholders Since 2008, we have also had the are aware of the various aspects important, distinct responsibility of of our work, the Ombudsman and ensuring that municipal councils, boards staff attended and spoke at several and committees keep their meetings municipal conferences and outreach open to the public, except in certain events in 2018-2019, and our Offce narrow circumstances. The Ombudsman produced new communications tools investigates closed meetings in all – including a searchable digital digest municipalities that have not appointed of our open meeting investigations, their own investigator. the frst database of its kind (see Open Meetings: Case Digest on our We have noted two distinct and website). encouraging trends as awareness of the Ombudsman’s work with municipalities has grown: As general complaints Trends in about municipalities increase steadily, complaints about closed meetings have cases – general declined, but are more likely to involve substantive issues. Meanwhile, more municipal issues people are seeking our help with a wider In 2018-2019, we received 3,002 range of municipal matters – this year complaints about 333 different marks the frst time that the top topic municipalities, and 36 shared local of complaint is not municipal councils boards and corporations. This themselves.

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Public housing

Housing issues hit close to home, particularly for residents of public housing across the province, and this year they topped our list of municipal complaint topics. We received 337 complaints related to municipal service providers and district social services administration boards (DSSABs) with regard to housing issues. Many of these related to decisions about funding or services, or communication issues. For example, in light of a complaint about the accuracy of a provincewide database of public housing arrears, we are working with public housing offcials to review their verifcation practices.

Some other examples:

• We helped a woman obtain funding for a new furnace after her municipal Copies of our municipal reports and resources like our “tip cards” on municipal topics can be found housing service provider told her it on our website or obtained from our Offce. denied her application because she had received similar funding in the represents an increase of about 20% GENERAL MUNICIPAL past, and each household could only over the 2,491 complaints we received INVESTIGATIONS SINCE 2016 apply once. Our inquiries prompted in the previous fscal year (related to 1. City of Brampton – Report: Procuring the municipality to confrm that the 323 municipalities and 27 shared boards Progress, released March 2017 funding program had no such limit, and corporations). 2. Township of Red Rock – Report: Counter and the woman was granted $5,000 to Most of these were resolved effectively Encounter, released May 2017 help pay for a furnace. and effciently, without need for 3. elliot Lake Residential Development • A Northern Ontario resident who a formal investigation. In fact, the Commission – Report: Public Notice, released August 2017* received a forgivable loan for home Ombudsman has launched just 6 renovations through a program general investigations of municipalities 4. Township of St. Clair and County of Lambton – Report: By-law Surprise, administered by her social services since 2016. released April 2018 administration board feared she would This year, the Ombudsman reported 5. Regional Municipality of niagara – be forced to repay the loan when on one general municipal investigation Report: Press Pause, released July 2018 her son was receiving specialized and launched another – both in the 6. Regional Municipality of niagara – medical care in Toronto. She had Regional Municipality of Niagara (see launched August 2018 (investigation received permission to live away ongoing) update under Investigations). All of from home while attending school, his recommendations in the completed *Although the Ombudsman used his general jurisdiction to investigate this body, this case but her son’s illness meant she could investigation were accepted. focused on open meeting issues not return home by the agreed date.

38 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • MUNICIPALITIES

Ombudsman staff helped her reach Councils, committees and the board, which granted her an local accountability offcers 11-month loan extension. TOP 5 MUNICIPALITIES BY CASE VOLUME For the frst time since the Ombudsman By-law enforcement began overseeing municipalities, councils themselves are not the top topic of Municipal by-law enforcement is complaint. We received 278 such understandably among the top topics of complaints in 2018-2019, down from 362 complaint to our offce – 286 complaints last year. Complaints about councillor 1 in 2018-2019 – given that by-laws cover conduct are best addressed to local 381 everything from animal control to open integrity commissioners, and now that Toronto* fres to property standards and noise. they are mandatory in every municipality, We receive complaints about we expect to see this decline continue. municipalities deciding not to enforce The Ombudsman has encouraged the by-laws, and about municipalities establishment of local ombudsmen and enforcing by-laws in an unfair or other accountability offcers since they 2 inconsistent way. In reviewing such 217 were frst permitted by legislation in 2007. cases, we bear in mind that municipalities Niagara Region However, it has only been in the past few have discretion in enforcing their by-laws, years that any municipalities set up local but when they do so, they have to act ombudsmen (except Toronto, which was fairly. Some examples: required to do so by law). We are aware • We made inquiries about a car of 28 – as well as 3 municipalities that 3 rental business that was violating a have an Auditor General and 6 that have 125 city zoning by-law, after a resident Lobbyist Registrars. Ottawa complained that the municipality We received 115 complaints about would not respond to her. After accountability offcers in 2018-2019. we spoke with the city, the city not The Ombudsman does not redo the only enforced a by-law requiring the work of these offcials, but can examine business to erect a fence, it sent the their processes and identify gaps after woman a detailed letter explaining the 4 their review of a matter is completed. 114 applicable licensing for the business We look at whether they followed a Hamilton and the steps the city was taking to fair process, considered the issues and enforce its by-laws. relevant information, acted in accordance • An elderly man sought our help with applicable legislation, and provided because he couldn’t access the suffcient reasons to support their municipality’s online form to complain decision. 5 about his landlord’s by-law violation – a 87 Some examples: large, open hole in his driveway that Peel Region the man felt was unsafe. Ombudsman • A group of residents concerned about a councillor’s conduct complained staff explained the situation to *Note: Our Offce cannot investigate municipal offcials, who sent a by-law to us that their municipality had no complaints about matters within the enforcement offcer to inspect the integrity commissioner and didn’t allow jurisdiction of Ombudsman Toronto, and we refer such cases accordingly. property right away. complaints to be fled by the public.

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Good to dealing with unreasonable or diffcult and zoning, and infrastructure (including know behaviour. Municipalities have the power snow removal and road maintenance). Cases related to to bar people from accessing services These areas generated 141, 135 and 135 Ontario Works can or municipal spaces by issuing trespass complaints respectively. be found in the Social notices, and our Offce encourages Although the details of these individual Services chapter of this them to have transparent and consistent complaints vary widely, a common report, and cases related to policies for doing so. We received 10 theme in our intervention was to municipal hydro companies in the complaints about trespass orders in 2018- facilitate communication between chapter. 2019. Some examples: Energy & Environment local residents and municipal offcials, • A man complained to us that his resolving communication issues and municipality had indefnitely barred him ensuring processes were explained. from entering any municipal property – Some examples: After we shared best practices with the even sidewalks and public parks. When • We received 34 complaints from municipality, it appointed an integrity we raised this with municipal staff, they residents in one municipality that their commissioner and changed its code of reviewed the restriction and agreed to water rates had increased substantially conduct to allow public complaints. remove the ban on entering outdoor without explanation. Town staff public spaces. They also informed the • A woman sought our help after the informed us that public information man they would review the trespass chair of her local conservation board sessions on the issue had been held notice in six months if he abided by the dismissed her complaint about a and further consultations were planned. rest of the conditions. member’s conduct, without bringing it We shared this information with the to the board. We spoke with the chair • A man who has disabilities and relies complainants, and the town provided and pointed out the potential benefts on public transportation sought our help them with a contact who could address of such best practices as a public when he was banned from his city’s further questions. complaints protocol and an independent public transit service, but not told how • A woman whose sewer had backed third party to review complaints. long the ban would last or whether up in her basement three times he could appeal. After we spoke with • After two council members complained complained to us that the city’s city offcials, they agreed to allow to us about an integrity commissioner’s suggestion was that she install a the man to take transit under certain investigation of them, we suggested sewage ejector, for which it offered conditions. They also implemented our best practices to the integrity to cover 75% of the cost. She did suggestion to make the city’s standards commissioner to clarify how his fndings not understand why the city would for respectful behaviour on the transit were linked to specifc provisions of the not simply change the grade of its system public by posting them on its municipality’s code of conduct, and to pipes instead. After we spoke with website. the municipality to clarify its process city offcials, they sent her a letter of and timelines for code of conduct explanation, and she decided to install reviews. Infrastructure, water, planning the ejector. and zoning Public conduct and trespass • After a municipal council approved rezoning along a main street to allow orders Municipalities provide a wide range of for a large homeless shelter, a man everyday services that are essential complained to us about the advisory Just as codes of conduct are useful for to a functioning community, but often committee that was established to municipal offcials, many municipalities complex. Three of the most common allow community participation in the also have standards for public conduct complaint topics relate to these functions: site planning process. Ombudsman in municipal spaces, and policies for Water and sewer services, planning staff made inquiries with the

40 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • MUNICIPALITIES

municipality, which agreed to post the to take notes or make photocopies at a terms of reference and minutes of the cost of 40 cents per page – we fagged TOP 5 CASE TOPICS – committee online, in the interest of the issue to the Ministry of Municipal transparency. Affairs and Housing. We pointed out to GENERAL MUNICIPAL the city that many other municipalities • A man complained to us that the COMPLAINTS across Ontario allow this practice and municipality refused to regrade a suggested that it consider doing so in ditch in front of his home. He blamed future, in the interest of transparency. the municipality for fooding on his property. Our inquiries with municipal • A candidate for council who was told staff revealed that the ditch was not to stop campaigning in a local park 1 part of a municipal drain, and that they because it contravenes a local by-law 337 complained to us that he was being determined the cause of the fooding Public housing was a dam the man had built on the singled out. Our inquiries with municipal property. They agreed to send him a staff determined that the by-law is detailed letter explaining why the ditch enforced when complaints are received, could not be regraded. and other candidates had been barred from campaigning in the same park. 2 Municipal elections 286 Investigations – By-law enforcement Municipal elections are held across the province every four years – and general 2018 was the frst election year since municipal issues the Ombudsman gained jurisdiction over municipalities. We received 106 Seizure of media property 3 election-related complaints, most relating 278 at the Regional Municipality to procedures for fling nominations, Councils campaigning, and other aspects of of Niagara and committees conducting elections, which are the responsibility of municipal clerks, under the Report: Press Pause,

ONTARIO’S WATCHDOG Municipal Elections Act. Some examples: released July 18, 2018 Investigation update: • Would-be candidates in several Press Pause 4 Investigation into a meeting of council for the Regional Municipality of Niagara on December 7, 2017 This investigation was 276 municipalities complained that

OMBUDSMAN REPORT Paul Dubé, Ombudsman of Ontario Infrastructure July 2018 sparked by a chaotic their local clerks didn’t give them incident at a December and water enough time to correct errors in their 2017 meeting of nomination papers before the deadline. niagara regional council where councillors We determined that these clerks did discovered that a recording device not have any discretion to extend had been left running on a table during deadlines that are set in legislation. 5 discussions that were closed to the public. 135 • When about a dozen people in one city Planning and zoning Municipal offcials seized the device, complained that offcials would not which belonged to a citizen blogger, allow them to take photos of public along with a laptop belonging to a local election forms – permitting them only journalist. Police were called, and the

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Good to investigated the opportunity to review of irregularities in the hiring process know the fndings and offer a response that for its CAO, and an investigation by Looking for more info the Ombudsman can take into account a local ombudsman that raised more about how we work in fnalizing his report. unfortunately in questions, council for the Regional with municipalities? See this case, the Region initially responded Municipality of niagara voted on August the Municipalities section of through a law frm in an adversarial 23, 2018 to ask the Ombudsman to our website for more resources. fashion. After the report was fnalized, investigate the matter. regional council and staff indicated The Ombudsman has discretion over they accepted the Ombudsman’s 14 what he chooses to investigate. On recommendations. August 30, he announced a formal blogger and journalist were barred from The Region provided an update on investigation, noting that he took into returning to the meeting. its progress in January 2019, noting account the request from regional that apology letters were sent to the council, the strong public interest, and The Ombudsman’s investigation included journalist and the citizen blogger, and it the high volume of complaints our 52 interviews and reviews of relevant began making audio recordings of closed Offce received about the matter (113 documents, emails and security video. He meetings in October 2018. The Region’s prior to the launch of the investigation). found the Region’s actions unreasonable, Procedural By-Law Review Committee unjust, wrong, and contrary to law and The Ombudsman notifed the Region and its security task force will provide recommended it provide a full and frank that the investigation would look at: further updates as they continue to work apology to the journalist for infringing on implementing other recommendations. • The process the Region used to hire his rights under the Canadian Charter its CAO; of Rights and Freedoms. He also called on the Region to apologize to the citizen I’m relieved. I was worried the • The Region’s response to concerns blogger, and proposed several policy incident“ would be swept under about the hiring, including the improvements to ensure the municipality the carpet. It clearly wasn’t. The investigation by a municipal has a clear process to follow in future. ombudsman and review by an Ombudsman did a very thorough external governance auditor; and “Although the events of December job. 7, 2017 were unanticipated, they • The administration of the CAO’s are not unprecedented in municipal ”– St. Catharines Standard reporter contract, including any extension and administration,” the Ombudsman said in Bill Sawchuk, whose laptop was seized amendment. his report, Press Pause, released on July by Niagara Region offcials on Since then, a team of investigators, 18, 2018. “The Region could have avoided December 7, 2017, as quoted by the Standard on July 18, 2018 legal counsel, and an early resolution its improvident responses to discovery of offcer have conducted more than 45 the digital recorder and laptop by having interviews and reviewed thousands appropriate policies and procedures in of documents. Their feld work is place, by implementing best practices Hiring process for Regional complete, and the Ombudsman is stemming from similar situations, and by preparing his fndings. As required exercising sound judgment.” Municipality of Niagara’s Chief Administrative Offcer by the Ombudsman Act, the Once the investigation was completed, Ombudsman’s preliminary fndings the Ombudsman provided a preliminary and recommendations will be shared Launched: August 2018 report of his fndings to the Region, as with the municipality for review and required by the Ombudsman Act. This Investigation update: After months of comment before a report is fnalized process gives any organization being public controversy over media reports and published.

42 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • MUNICIPALITIES

Trends in cases – open meetings

Ontarians now have access to an array of tools for ensuring consistent transparency at the level of government closest to them. Since 2008, this has included the ability to complain about meetings of councils, local boards or committees that are not open to the public, and to have those complaints investigated – either by the Ombudsman, or an investigator appointed by the municipality.

As of March 31, 2019, the number of municipalities using the Ombudsman as their closed meeting investigator reached a new peak: 225 of the province’s 444 municipalities now use our free services (the Ombudsman strongly discourages all municipalities from charging fees to complainants).

Complaints are handled by our dedicated Open Meetings Team. unlike general complaints about municipalities (or other public sector bodies), open meeting cases deal strictly with whether a meeting was in compliance with sections 238 and 239 of the Municipal Act, 2001, and with the municipality’s own procedure by-law.

We received 155 open meeting We produced two brand-new reference tools this year for municipalities and anyone interested in complaints in 2018-2019, 133 about the open meeting rules: Our pocket-sized, bilingual guide (also available on our website), and our municipalities where the Ombudsman searchable online digest. is the investigator. While this is a sharp increase from last year’s total of 80, 77 The Ombudsman investigated 46 Ombudsman investigated 30 meetings in of these relate to one matter – meetings meetings in 16 different municipalities 20 municipalities, and found 17 meetings in February 2019 by a City of Hamilton this fscal year, and issued 22 reports and illegal, or almost 57%). committee that were held outside of City letters on his fndings. He determined We received excellent co-operation from Hall and resulted in public controversy 12 meetings (26%) were illegal, found most municipal staff and elected offcials, (our investigation was ongoing at the time 18 procedural violations, and made and the Ombudsman’s recommendations this report was written). This spike aside, 33 best practices recommendations were overwhelmingly accepted and complaint trends in this area remained to improve meeting procedures and implemented. consistent with recent years. foster transparency. (Last year, the

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As part of our ongoing efforts to increase holding discussions over email, text, social Although emails and other awareness of the open meeting rules media or telephone – in other words, across the province and share our expertise when they are not physically “present.” remote“ forms of communication in this area of law with stakeholders, our In reviewing these cases since the are no longer subject to the open Offce also created two new tools: change, the Ombudsman has considered meeting rules, municipalities should • A new edition of our handbook, Open this new defnition. For example: continue to strive for transparency Meetings: Guide for Municipalities, • When a quorum of council members was sent to every municipal clerk and and openness, regardless of the for the Village of Casselman attended council member after the October 2018 information sessions but had no medium used to communicate… election, and posted on our website. discussions and made no decisions, The spirit of the open meeting rules • Our Open Meetings Case Digest the Ombudsman found it was not a calls for discussions that advance – a digital tool that allows users to “meeting.” council business or decision-making search hundreds of summaries of • When a quorum of council members our open meeting investigations by to take place in public, and not over for the Township of Front of Yonge topic, keyword and municipality – was stayed in chambers after a meeting email out of the public eye. launched on our website. ended, but did not discuss council – Ombudsman Paul” Dubé, Our open meeting reports are also business, the Ombudsman found it was City of Hamilton open meeting report, available through the Canadian online legal not a “meeting.” February 22, 2019 library, CanLII. • When City of Hamilton council members used email to discuss a New defnition of “meeting,” vacant council seat, the Ombudsman new exceptions found they did not advance council Procedure by-laws and business; still, he cautioned that public notice although emails are not technically Last year, changes to the Municipal subject to the open meeting rules, Act included a new legal defnition of The Municipal Act, 2001 requires every municipalities should strive for “meeting” – stipulating that a “meeting” municipality to have a procedure openness in their communications. is when a quorum of members of a by-law that sets out the calling, place, council, local board or committee is In the interest of openness and and proceedings of meetings. The by-law present, and the members deal with a transparency, the Ombudsman encourages is an essential guide for staff and elected matter in a way that “materially advances municipalities and local boards to receive offcials as to how a meeting is supposed business or decision-making.” In addition, information and updates during public to unfold, as well as a way for the public four new “exceptions” were added to the meetings, and to avoid conducting business to understand the process. It must also general rule that meetings must be open over email or by other remote means. specify how notice of meetings will be to the public (s. 239), bringing the total So far, the Ombudsman has only had given to the public. The Ombudsman number of exceptions to 14. occasion to investigate the use of one dealt with these issues in several cases We have always received complaints and of the new exceptions, s.239(2)(k), in 2018-2019. For example: questions – from elected offcials and the which permits discussions in closed • The Township of Tehkummah’s public – about whether or not informal session relating to certain negotiations. by-law failed to set out the rules for gatherings of councillors outside of council In a February 2019 report, he found that calling an emergency meeting. chambers constitute “meetings” that the City of St. Catharines council’s are subject to the open meeting rules. discussion about the role and nature of • Both the Village of Casselman and Often these involve councillors dining a new staff position did not ft within the the Township of the North Shore had together or socializing, but we also receive exception because it did not relate to any procedure by-laws that had not been complaints about council members specifc negotiations.

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updated to refect their actual meeting we are aware of 23 municipalities that practices. have taken this important step towards transparency. They are: CLOSED MEETING • Two meetings of the City of CASES Hamilton’s Waste Management • Cities: Brampton, Elliot Lake, London, Advisory Committee took place without Niagara Falls, Oshawa, Port Colborne, public notice. The city’s by-law did not Sarnia, Sault Ste. Marie, Welland address the notice requirements for • Towns: Amherstburg, Collingwood, advisory committees. Fort Erie, Midland, Pelham, Wasaga • The Municipality of Callander posted Beach notice of a special meeting less than • Townships: Brudenell, Lyndoch 36 hours beforehand, violating its 155 and Raglan, Adelaide Metcalfe, procedure by-law’s requirement of at McMurrich/Monteith, North Huron, complaints received least 48 hours’ notice. Wollaston Another key requirement in the Act that • Municipalities: Brighton, Central bolsters the concept of public notice is Huron, Meaford that a council, local board, or committee must pass a resolution before closing a meeting. The resolution must be passed Personal matters 46 in open session, and state the general meetings nature of the matters to be discussed. Year after year, the most commonly This year, the Ombudsman found that misused exception to the closed meeting investigated the Towns of Fort Erie and Petrolia, rules is the one that applies to “personal and the Townships of The North Shore matters about an identifable individual.” and Russell failed to provide suffcient The Ombudsman investigated several information to the public before closing such cases this year. For example: meetings. He also found that the City 33 • The board for the City of Owen of St. Catharines passed a resolution to Sound’s Downtown Improvement best practice close a meeting that failed to describe the Area discussed an open letter about recommendations subject, and failed to record the resolution the board’s meeting practices in closed in the meeting minutes. session and discussed some personal opinions about the letter writer, but the Recording meetings meeting did not ft within the exception 18 because it focused on how to respond procedural Municipalities are required to make to the letter, not “personal matters.” a record of all meetings, open and violations found • The Municipality of Northern closed. Our Offce has always strongly Bruce Peninsula wrongly discussed recommended audio or video recordings an application under the Land Titles of all sessions, as a best practice. Act under the “personal matters” 12 Audio or video recordings can greatly exception; the discussion referred assist with our reviews of closed to a specifc property’s location, meetings sessions, ensuring an accurate record of dimensions, and boundaries – none of found illegal proceedings and reducing the time and which is personal information about an resources involved for all parties. To date, identifable individual.

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• The Township of The North Shore Water pressure misused the “personal matters” Case summaries exception for a closed session A man who received a water bill for discussion about the process to fll a Fine treatment more than $700 – around seven times council vacancy. more than his usual charge – called A man who wanted to dispute a $40 us in frustration when the local water parking ticket told municipal staff he Labour relations and legal company told him his previous bills would call back to schedule a hearing, but advice were only estimates, but this one was when he did so, he was told it had already based on actual use, and they could not taken place. He complained to us that alter his bill. Our inquiries confrmed The exceptions for discussions about he received no notice, and no one from the water meter showed he had used labour relations or employee negotiations the municipality would answer his calls 10 times the normal amount of water, and for solicitor-client advice are also and emails – meanwhile, the unpaid fne but the city’s fnance department has a frequently misused to close meetings. had escalated to $208. Ombudsman staff program that allows for people to apply for Like all the exceptions, these should be spoke to a manager at the municipality, reductions in abnormally high bills, based interpreted narrowly. Some examples who reviewed the fle and discovered on fnancial need. We provided the man from this year’s cases: several errors by the municipality, which with information on how to apply to the agreed to cancel the fne, contact the • Council for the Township of program. Tehkummah correctly used the “labour Ministry of Transportation to withdraw relations” exception for a closed its penalty for an unpaid fne, and send session to talk about an ongoing third- the man an explanation and apology. The Photo proof party workplace investigation. manager also said staff would review the case to determine how similar errors can After we made inquiries about a man’s • “Labour relations” fit the discussion be prevented in future. complaint that the required notice of a by council for the Town of Petrolia proposed zoning by-law amendment regarding terminating all of the Pothole role was not posted on the relevant property, employees at its community centre. the municipality changed its practices. • The council’s Municipal staff told us they had advised City of St. Catharines When a snowplow hit a pothole, digging discussion about creating a new the owner of the property to post the up asphalt and other debris, it dumped government relations advisor position notice, but never checked to ensure that it the pile in a woman’s front yard and left did not ft the “labour relations” was done. The municipality now requires a larger hole in the road. She complained exception because it did not focus owners to swear an affdavit that notice to us after the municipal crew she called on the relationship between the has been posted – and to send a photo to only flled the potholes, leaving the debris municipality and its employees, or any prove it. in her yard. She could not understand specifc individual who might be hired. why the crew hadn’t also cleaned up her • The Township of The North Shore property. We spoke with municipal staff, correctly used the “solicitor-client” who contacted her directly to explain their exception to discuss a previously- role with respect to her private property. obtained legal opinion about frefghter remuneration.

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Overview Trends in cases

In reporting on the range of provincial – early years public sector bodies we oversee that through Grade 12 are responsible for educating Ontarians, we divide this category into two parts: We received 39 general complaints about early years through Grade 12, and Post- the Ministry of education in 2018-2019 secondary. (down from 51 last year), many of which The Ombudsman has always had related to the government’s consultations oversight of the provincial Ministry of and related changes to the health and education and the Ministry of Training, physical education curriculum. Colleges and universities (which We received 873 complaints about school reassumed this name after the June boards and school authorities, consistent 2018 election, after several years as the with the previous fscal year’s total of Ministry of Advanced education and EDUCATION 871. Almost all of these were resolved Skills Development). We have now had informally, without need for formal oversight of school boards and universities investigation. Our intervention ranged through four school years, and have seen from making referrals and facilitating a steady growth in complaints in most communication with relevant offcials, areas – including about colleges of applied to in-depth reviews and suggesting best arts and technology, which have always practices to school boards to improve their been part of the Ombudsman’s mandate. processes. As in all areas of our jurisdiction, we To date, the Ombudsman has launched resolve the vast majority of education- just 2 formal investigations in the school related complaints without need for formal board sector. See the Investigations investigation. In fact, the Ombudsman has section for further details. yet to launch a formal investigation related to a university, and has conducted only 2 investigations related to school boards School board staff and (one in 2017 and one this year). However, trustees we have done extensive reviews in many cases, proposing best practices to The most common topic of complaints several school boards and post-secondary about school boards in 2018-2019 was institutions, and working with the relevant the conduct of school employees and ministries on broader issues. school board staff. We received 170 such complaints, many of which fell within the To share information about how we work boards’ existing processes, or those of and spread awareness of how our Offce the Ontario College of Teachers (which can help parents, students, educators, regulates conduct within the profession). trustees and other stakeholders, the Some related to boards’ hiring practices Ombudsman and staff members also or internal investigations of staff. Where spoke at a variety of conferences and appropriate, we refer issues to the outreach events in the education sector employees’ union, but we are able to this past year.

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review matters such as management Special education hiring practices or how boards apply their TOP 5 CASE TOPICS policies and procedures. Concerns about the adequacy of special Some examples: education services continue to be a regular source of complaints – 96 in 2018-2019. • A mother sought our help after a Because the Ombudsman is independent children’s aid society worker alerted her and impartial, our Offce cannot advocate to an incident involving the woman’s for specifc services or resources for 1 teenage son, who has a developmental individuals, but we can make sure school 873 disability, and an educational assistant boards are clearly communicating with School boards at his school. We spoke with the parents and are responding to relevant superintendent, who confrmed that the concerns. For example: school principal should have informed the mother about the incident, which • We helped a mother get answers and had prompted investigations by the an assessment of her two children’s board and police. special needs after the school board 2 abruptly cancelled their transportation 282 • The family of a former teacher who died service. Our inquiries determined Universities by suicide complained to us about the that the board had provided the bus board’s handling of an investigation of service as a courtesy, and the mother her conduct. According to the family, was unaware that documentation of the teacher was never informed of the the children’s needs was required. We specifc allegations against her, nor encouraged the board to explain its 3 was she referred to available mental policies and procedures to her, and they 234 health supports. Senior board offcials set up a call to do so. Colleges of applied told us that in response to the family’s • The mother of a child who had been in arts and technology concerns, the board had reviewed its procedures and training to ensure a specialized behavioural program for that all parties involved in an internal several years – receiving just one hour investigation are treated fairly. of home instruction per day – sought our help in getting him back into a 4 Parents and community members also regular school. We spoke with school 181 complain to us about trustees, and in board offcials, who were unaware Ontario Student 2018 this included the conduct of some of the mother’s concerns. They Assistance Program trustee candidates during and after the immediately connected with her to October 22 school board elections. review her son’s situation. We also received complaints about how the Ministry of education ensures In cases where parents and boards are good governance of school boards, unable to resolve such issues, we inform 5 including how trustee conduct issues are them of available appeal mechanisms 33 under the Education Act, and through addressed. We were told that the Ministry Ontario College of plans to hold consultations on school bodies like the Ontario Special education Trades board governance that will include some Tribunal and the Human Rights Tribunal of the concerns we raised. of Ontario. Those who have outstanding concerns can contact us as a last resort, as we also oversee provincial tribunals.

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Exclusions and access/ • We helped a father who was subject communication restrictions to a trespass notice get a temporary exemption to pick his children up from TOP 5 SCHOOL BOARDS school when their mother was out of BY CASE VOLUME School principals have the authority under town. After we shared best practice the Education Act to bar individuals from suggestions with the school board, school who pose a risk to the health and it began developing a policy for such safety of students. We often receive restrictions, including a process to allow complaints from families seeking a way for exceptional circumstances and to appeal or alter student exclusions, appeals. 1 and have noted in past reports that the 111 Ministry of education has not provided Toronto District guidance to boards about this, leading to Busing School Board inconsistent practices across the province. In March 2019, the Ministry announced Most of the complaints we receive about plans to hold consultations that will student transportation relate to the busing include discussion of student exclusions. services contracted by school boards, and 2 We will continue to monitor this issue. the boards’ transportation policies. Our 74 staff have proposed best practices to the We also intervened to assist several Ottawa-Carleton busing companies and boards to improve parents who complained about access District School Board their communication with parents and and communication restrictions placed students. For example: on them by school boards. Our focus in these cases is on whether the board • A transportation consortium had acted in accordance with its policies decided to stop busing a large number 3 and with procedural fairness (including of secondary students after a review 58 providing the reasons for the restrictions of all schools in the area, prompting Toronto Catholic and communicating them clearly, along concerns from affected families in District School Board with any options for review or appeal). the public and Catholic school boards. For example: Ombudsman staff encouraged the consortium to communicate more • A mother complained to us that the clearly about how it determines which board had barred her from accessing students are eligible for busing, and her six-year-old daughter’s school and 4 how affected families can appeal. 42 communicating with school staff, Peel District making it impossible for her to take the • A higher than usual number of School Board girl to school or be informed about any “snow days” in early 2019 prompted emergencies. Ombudsman staff spoke complaints from families in several with the superintendent and pointed out school boards who disagreed with that the board’s restriction letter failed boards’ decisions to cancel (or not to address these details, as well as any cancel) transportation because of 5 appeal process or time limit. The board freezing rain and snow. We suggested 33 agreed to improve its restriction letters parents raise concerns about service Durham District and consider developing a specifc with administrators, and general School Board policy for such restrictions. concerns about weather policies with school trustees.

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We continue to monitor the boards’ Investigations progress on the outstanding CASES BY TYPE recommendations, some of which can OF SCHOOL BOARD School busing issues in only be addressed when transportation Toronto contracts are next renewed.

Report: The Route Transparency of a school of the Problem, released August closure decision in North Bay 2017 Launched: October 2018 579 Investigation update: English public boards Since the completion Investigation update: In 2016, the of this investigation, near north District School Board which focused on the systemic issues began a pupil accommodation review that led to severe interruptions in school to consolidate its three north Bay bus service in Toronto at the start of secondary schools due to declining the 2016-2017 school year, we have enrolment. After the review was 219 monitored the response of the Toronto completed, trustees voted at a English Catholic boards public and Catholic school boards to the September 26, 2017 meeting to close Ombudsman’s recommendations. one secondary school and refurbish the The two subsequent school years since other two. It was one of the last school then have started with relatively few closing processes in Ontario before the 26 complaints about busing. We received province issued a moratorium on such decisions by school boards. French Catholic boards just 4 in September 2018, in stark contrast to September 2016, when thousands of In the spring of 2018, as the board was students were left stranded at bus stops, working on its transition planning, the at their schools and waiting for buses that Ombudsman received complaints about were hours late or never arrived. the transparency of the process that led 13 to the secondary school being closed, The Toronto District School Board and French public boards the Toronto Catholic District School particularly once the matter was before Board, through their shared transportation trustees. After conducting an in-depth consortium, have provided the preliminary review, the Ombudsman Ombudsman with regular updates on determined that there was suffcient their progress in implementing the 42 basis for an investigation, and notifed 2 the board in October 2018. recommendations in his August 2017 School authorities report. In March 2019, the consortium At the time this report was written, confrmed that 25 recommendations the investigation had been completed are fully implemented. These include a and the Ombudsman’s fndings and communications protocol for notifying recommendations were being drafted. parents, schools and other stakeholders 34 As required by the Ombudsman Act, of service disruptions, and an online portal the board has a chance to review Board not specifed to allow parents and schools to track the these and respond before any report location of buses in real time. is fnalized.

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Trends in cases – Ontario Student Assistance Program (OSAP) TOP 5 COLLEGES OF post-secondary APPLIED ARTS AND We received 181 complaints about We received 237 complaints about OSAP in 2018-2019, up from 142 the TECHNOLOGY BY postsecondary funding, training and previous year. Most related to funding CASE VOLUME certifcation programs under the authority decisions, adequacy of communication of the Ministry of Training, Colleges and and general customer service concerns. universities in 2018-2019, including 181 We also received some 60 complaints about the Ontario Student Assistance about money-related issues involving Program (OSAP) and 33 about the colleges and universities – regarding Ontario College of Trades. Other tuition and other fees, as well as their 1 complaints related to apprenticeship communications around OSAP. 29 programs, private career colleges and Humber College the Second Career Program. In many cases, our intervention revealed errors or a lack of fexibility, some as a Complaints about universities and result of OSAP’s automated systems. colleges continued to increase, to 282 Some examples: and 234 respectively – up from 268 and 2 189 last year. • A college student sought our help when 26 OSAP denied her funding halfway The most common topic of complaints George Brown College through the academic year because she was fnancial matters and registration was receiving benefts from the Ontario issues, followed by academic Disability Support Program (ODSP). placements and assessments, and In fact, she had notifed the college’s admissions decisions. Our focus in most fnancial aid offce months earlier that cases is to ensure the institution has 3 she was no longer an ODSP recipient. 21 policies and procedures in place, and is Our inquiries with OSAP offcials applying them fairly. We also received Mohawk College revealed that they had approved her for complaints from students about the additional funding, but an automated conduct of instructors and staff, as function of their system continued to well as from instructors and staff about employment-related matters. Where show her as an ODSP recipient, causing appropriate, we refer employees to a staff member to override her increase. 4 OSAP corrected the error and the 17 relevant staff associations or unions. student received $9,510 for her second Centennial College As of January 1, 2019, all colleges semester. and universities were required by the Ministry to implement free speech • We helped a student bridge a policies and to have processes in place communication gap between her for individuals who wish to make a university’s fnancial aid offce and 5 complaint about free speech on campus. OSAP administrators. She was facing 14 The policy specifes that unresolved fnancial hardship and eviction and Conestoga College complaints about free speech may be complained the university had not referred to the Ombudsman. answered her questions about how to apply for funding. We contacted

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OSAP offcials directly to fnd out what For example: an ombudsman or similar accountability information they required to process her offce, we refer students to them before • As part of our review of an out-of- application, which they subsequently we get involved. province student’s complaint about approved. a university’s admission process, We also receive complaints about • Our inquiries with OSAP about delays Ombudsman staff looked at how other these offces, and our jurisdiction in a student’s case revealed that similarly sized universities dealt with varies depending on their structure and his funding was on hold because withdrawal of conditional admission fnancing. Where possible, we work the income amount provided in offers. We found a great deal of with them to ensure they are providing his OSAP application differed from variation, with some offering applicants the best service possible to college and that in his income tax return. Once multiple warnings, some offering no university communities. For example: appeals, and others allowing appeals OSAP determined the amount on the • In helping a student reach his for exceptional circumstances. Based application was wrong, he received university’s ombudsman, we discovered on this research, we suggested best $7,139 in funding. that the phone number on its website practices to the university, and it agreed was not working and its email flter was • A woman who had received student to clarify the conditions of admission in designating potential complaints as loans in the past had trouble getting its offer letters and set out an appeal junk mail. It also relied on staff within Second Career Program funding process on its website. because OSAP’s system did not show the university’s central administration she had paid off her previous loan • We received 3 complaints from to triage complaints. The university international students who were offered addressed the communication issues from a federal student program. Our enrolment in a Toronto-based program and its ombudsman agreed to review inquiries revealed there is no automatic through a partnership between a public the student’s complaint. We also communication between the national college and a private career college. suggested best practices to senior Student Loan Service Centre and OSAP After arriving in Canada, the students university offcials for ensuring the when a federal loan has been paid off. were initially told that the program was independence of its ombudsman, Once notifed that the woman’s debt oversubscribed and their options were and they committed to reviewing the was paid, OSAP removed the restriction to receive a refund, take an english structure of the offce. on her fle. class at extra cost, or defer enrollment until the fall. After we alerted the Ontario College of Trades Admissions and registrations Ministry to this matter, the students were able to enrol in the program, and We received 33 complaints about Admissions and registrations are perennial the Ministry committed to monitoring the College of Trades in 2018-2019, sources of complaint at universities and these partnerships to ensure the issue compared to 20 last year. A handful of colleges, and our role in these cases is does not recur. these complaints related to concerns usually to ensure that the policies and about a new required certifcation related procedures have been followed and University and college to fre suppression systems. Others that the institution communicated the ombudsmen related to certifcation examinations and decision clearly and in a timely fashion. decisions. under new legislation passed in Admissions are discretionary and students november 2018 and measures introduced are generally not guaranteed a place in a The Ombudsman has always encouraged in the government’s April 2019 budget, program until they are formally registered. colleges and universities to have their the College will be wound down and We can also make inquiries and suggest own independent ombudsmen – we replaced with a new governance structure best practices to improve the clarity and are aware of 15 across the province. for certifcation of trades. fairness of the institutions’ processes. Where a college or university does have

52 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • EDUCATION

Service Centre to have her fle updated Case summaries before OSAP could process the brother’s application. They confrmed that he would TOP 5 UNIVERSITIES Technical diffculty be able to receive funding retroactive to BY CASE VOLUME the previous academic year, when he had A Grade 10 student was disappointed frst applied. to receive a failing grade on the writing component of the Ontario Changed course Secondary School Literacy Test. She had been permitted to submit the essay 1 A student who was close to completing 50 portion of the test via computer as an her program at a college of applied arts York University accommodation for her dyslexia, but due and technology was unsure if she had all to a technical problem, the essay was the credits she needed for her diploma, never received by the education Quality so she enrolled in an extra course just in and Accountability Offce (eQAO). The case. She was told that if she discovered student’s mother complained to us that it wasn’t necessary, her enrolment would eQAO offcials insisted that the girl’s be automatically cancelled if she didn’t 2 only option was to contact her school 35 formally register as a student for the and arrange to redo the entire test. After University of Toronto next semester. She learned the next day Ombudsman staff spoke with eQAO that the class was not required for her offcials, they agreed to review the rest of to graduate, but took no action, relying the student’s test results, which they pro- on the college’s advice. A week later she rated, giving her a passing grade. received a notice that she owed $500 for the class, the deadline to cancel had 3 Oh brother passed, and she would not be allowed 21 to graduate unless she paid. Our staff University of Waterloo In a case that offcials called raised this matter with the college, which “unprecedented,” a brother and sister admitted its error in failing to cancel the complained to us about diffculties student’s enrolment. She was able to in applying to the Ontario Student appeal the fee and graduate. Assistance Program (OSAP) – one to 4 attend college, the other university. It 17 turned out that the federal government University of Guelph had accidentally issued them identical social insurance numbers, which was not discovered until the brother’s OSAP application was denied. This resulted in delays and questions regarding the sister’s fle, affecting her funding as well. We 5 spoke with OSAP offcials, who explained 15 the sister would have to fll out a form, McMaster University provide supporting documentation, and contact the national Student Loan

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 53 TRANSPORTATION • YEAR IN REVIEW

the Ministry, CBSA and Immigration Overview and Canada offcials, the Ministry agreed trends in cases to change its policy, and now accepts “certifed true” copies of licenses In 2018-2019, we received 897 for the purposes of proving previous complaints about the Ministry of driving experience. Transportation and its programs – • A novice driver who was involved in an surpassing the previous year’s decade accident while speeding complained to high of 598. Once again, the most us after he received a 30-day licence common complaints were about suspension without warning, along customer service issues relating to driver with four demerit points. He noted licensing, medical review of licences, and that the Ministry’s website indicates suspensions, fnes and fees. We also that four demerit points usually result helped drivers with problems related to in a warning letter; it does not mention correspondence and driver testing. that this does not apply to novice TRANSPORTATION Our staff meet regularly with senior drivers who receive four demerits all at Ministry offcials to address complaint once. After Ombudsman staff pointed trends and potential systemic issues this out to the Ministry, it updated its proactively. In some cases, this website to include links to information intervention resulted in the Ministry about its “escalating Sanctions for changing its policies and/or improving novice Drivers” program. communications materials. For example: Medical review of licences • Several motorists whose vehicles were damaged due to construction on a stretch of highway complained Complaints about the Ministry’s Medical Review Section, which is responsible to us after they went through the for suspending drivers who are Ministry’s claims process, only to medically unft to drive, have decreased be sent to the responsible private steadily in recent years, due to the contractor, who refused to reimburse Ministry’s ongoing efforts to address them. Ombudsman staff contacted issues and improve its medical review the Ministry’s area offce, which process. We received 83 cases in 2018- committed to resolving the claims. 2019, compared to 109 in the previous • We reviewed 2 cases of refugee year, 116 in 2016-2017, and 242 in claimants whose driver’s licences from 2015-2016. their home countries were confscated The Ministry has told us that it aims to by the Canadian Border Services modernize the medical review system Agency (CBSA) and replaced with a and make medical review information “certifed true” copy, which Ontario more accessible to drivers. In the offcials would not accept as proof meantime, our staff assisted many that they were experienced drivers. drivers in resolving medical review After our staff spoke extensively with issues. For example:

54 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • TRANSPORTATION

Good to years, the Ministry has made signifcant know progress in eliminating duplicate records Cases related for drivers who have had their licences TOP CASE TOPICS to the Ministry of suspended for dangerous or impaired Transportation’s Electric driving. We received 1 complaint about and Hydrogen Vehicle this issue this year: Incentive Program can be found • When a driver was charged with driving in the Energy & Environment with a suspended licence in 2018, it chapter of this report. was revealed that a duplicate licence had been created for him almost 30 years earlier. In 2001, he was convicted of impaired driving and completed all 230 • We helped a commercial truck driver the applicable requirements to reinstate Driver licensing who was at risk of losing his job after his licence by 2004, but staff mistakenly the Medical Review Section suspended reinstated the duplicate licence, and his his licence because of an incorrect “real” licence remained suspended. report from his doctor. The doctor had After our Offce and his MPP contacted corrected the report and faxed it to the the Ministry, it waived his reinstatement Ministry twice, but nothing changed fee and additional penalties. and the driver feared his licence would expire and he would have to redo the Investigations 83 test. After our staff contacted the Medical review Ministry, the man’s fle was reviewed Driver’s licence suspensions and his licence reinstated right away. and reinstatements • When an 83-year-old man received repeated demands from the Ministry Report: Suspended for medical information he had already State, released submitted, our staff contacted a September 2018 Ministry offcial who confrmed that the 49 Investigation update: fle was complete and the man’s licence In May 2017, had been reinstated. Metrolinx/GO Transit the Ombudsman launched a systemic Duplicate licences investigation into the adequacy and effectiveness of the Ministry of Ombudsman staff have been monitoring Transportation’s administrative processes the Ministry’s efforts to address concerns for notifying and communicating with about duplicate driver records, after drivers about licence suspensions and a 2012 case where we discovered a reinstatements with regard to unpaid fnes. convicted drunk driver still had a valid licence because his licence suspension Our Offce had fagged this issue to the was inadvertently entered against a Ministry for several years, resulting in duplicate (or “ghost”) licence record in the some changes to suspension notice Ministry’s database. Over the past several forms, but we continued to receive

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 55 TRANSPORTATION • YEAR IN REVIEW

• Notices of licence suspensions were mailed on the same day they took effect, leaving drivers unknowingly driving with suspended licences while the notices were in the mail, with no advance notice or grace period.

• The wording and formatting of the Ministry’s notices were confusing.

The Ministry has agreed to and already begun to address all but 4 of the Ombudsman’s recommendations, 2 of which it continues to study. Ministry offcials declined to accept 2 recommendations to give bureaucrats discretion to waive the graduated

September 27, 2018: Video of Ombudsman Paul Dubé’s news conference to release his report, licensing requirements for drivers in Suspended State. All of the Ombudsman’s news conferences can be found on our YouTube certain circumstances, as they maintain channel, via our website. that staff can already do this.

The Ministry committed to reviewing the complaints from drivers who had no The investigation uncovered serious wording and formatting of its notices to knowledge that their licences were systemic problems with the Ministry’s drivers, improving its tracking of driver invalid or suspended, and only learned of communications, record-keeping addresses and returned mail, exploring this when they were stopped by police and customer service. Among the digital tools such as an online portal for or attempted a licence transaction. Ombudsman’s fndings: driver information, and making its existing For some, so much time had passed • Drivers were left navigating complex online licence status checker tool free that the Ministry treated them as new and cumbersome service systems that of charge. It has agreed to report back drivers and required them to redo its lacked appropriate customer service to the Ombudsman every six months graduated licencing program, in addition standards. on its progress in implementing these to charging them hundreds of dollars • The Ministry relied on regular mail for recommendations. in reinstatement fees. Of particular licence suspensions, but failed to track concern to the Ombudsman was that the estimated 4% returned mail, and drivers who are unknowingly suspended kept no records of driver suspensions As a matter of fairness and road are not covered by insurance if they are returned to the Ministry. safety,“ the Ministry must do a better involved in an accident. • The suspension process was job of informing drivers of their The Ombudsman’s report, Suspended fundamentally fawed, as drivers status, rather than leaving them to State, released in September 2018, were warned that licences “may” be found the Ministry’s process for notifying be caught by surprise. suspended if they didn’t pay their fnes, drivers to be “unreasonable, unjust and ” not that the licence suspension “will” – Ombudsman Paul Dubé, wrong,” and made recommendations 42 happen. Suspended State to the Ministry for improvement.

56 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • TRANSPORTATION

We continue to assist the Ministry She was required to take several tests Welcome home to keep her licence after having a car “of Transportation to examine this accident. When the opportunity to have A woman who had lived abroad for many surgery came up, she asked staff at process and are confdent that this years returned to Ontario and applied ServiceOntario for a time extension, and partnership will help meet current to exchange her foreign licence for an they agreed. When she later tried to take Ontario licence. She was asked to provide and future challenges. We recognize her test, she discovered that the Ministry the date on which her out-of-country had cancelled her licence because she the importance of effective licence was originally issued, but it was had missed the testing deadline, which communication to the public and so long ago, she had no such record. She ServiceOntario staff had no authority to was told she would have to go through look forward to any opportunity to extend. Our Offce made inquiries with the full novice driver program, but when improve the process. Ministry offcials, who confrmed that the our staff contacted Ministry offcials, they ServiceOntario staff should have relayed – Attorney General Caroline” Mulroney, confrmed that she could simply provide the woman’s request to them. The Letter to Ombudsman re Suspended other proof of at least two years’ driving Ministry reimbursed the woman’s fees, State, Nov. 15, 2018 experience, which she did. assisted her with priority booking of her tests, and ensured that the staff involved were aware of the correct process for handling extension requests.

Case summaries Proof of payment

Mail fail A driver who required his licence for work sought our help when it was A commercial truck driver complained suddenly suspended due to a fne he to us that his licence had been had incurred 27 years earlier. He had downgraded and he had not been able been convicted of impaired driving in to get an explanation or assistance from 1990 and fned $735. He believed he ServiceOntario or DriveTest. Our inquiries had paid the fne at the time, but in with the Ministry determined that he order to get his licence back, he agreed had completed all the required tests to to pay another $735, along with the maintain his commercial licence, and $198 licence reinstatement fee, before it had actually sent him one, but it had contacting our Offce. Our staff made been returned undelivered. Once our numerous inquiries with the Ministries staff alerted the Ministry to this issue, it of the Attorney General, Finance, and restored the driver’s commercial licence. Transportation, as well as court offcials in Toronto and Brampton. We discovered Passed test the man’s licence had been suspended in 1994, but he had paid the fne and had his licence reinstated in 1995. His 2017 A 74-year-old woman who delayed a suspension was in error. It was removed required driver’s test so she could have from his record and he was refunded hip surgery sought our help after the both the $198 reinstatement fee and the Ministry cancelled her driver’s licence. $735 duplicate fne.

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 57 HEALTH • YEAR IN REVIEW

• A woman sought our help after being Overview and unable to renew her health card trends in cases because she did not have a permanent address and could not confrm her residency in Ontario. She told us she The Ombudsman oversees the Ministry had serious health needs that required of Health and Long-Term Care, the Ontario treatment. Our Offce contacted the Health Insurance Plan, and numerous Ministry, whose staff agreed to look programs that assist with funding drugs at the woman’s situation and offered and medical devices. We received 547 to get in touch with her directly. After complaints about Ministry organizations they spoke to her, she was issued a within our jurisdiction, with the top source letter confrming her eligibility for OHIP of complaints being the Ontario Health coverage, which she was able to use, Insurance Plan (OHIP). along with proof of identity, to renew We also received 510 complaints about her health card. hospitals and 100 complaints about We also continue to receive complaints HEALTH long-term care homes – about the same from people who disagree with OHIP’s number that we have consistently lack of coverage for specifc medical received, even though these bodies have procedures and treatments, such as never been within the Ombudsman’s physiotherapy, or certain types of mandate. Wherever possible, we refer cosmetic or reconstructive surgery, or complainants to the Ministry’s Patient its denial of requests to cover medical Ombudsman. Our offce does oversee the treatments outside of Ontario. In these Patient Ombudsman (the offce continues cases, we review the Ministry’s reasons to deal with complaints, although at the for the decision and whether it is time this report was written, the role had evidence-based. not been permanently staffed since spring 2018), and we dealt with 17 complaints about it in fscal 2018-2019 (down from Drug programs and assistive 28 the previous year), which were devices resolved through communication with that offce’s staff. We received 52 complaints about Ontario’s drug programs, down from Ontario Health Insurance 71 the previous year. Of these, 24 Plan (OHIP) concerned the exceptional Access Program, while 13 were about the Trillium Drug Program. Complaints about both Complaints about OHIP decreased programs usually relate to decisions not slightly in 2018-2019, to 118 from 132 to fund or reimburse the costs of certain in the previous year. The most common medications. issues continue to involve the renewal and replacement of health cards. Many We also received 25 complaints about complainants also faced diffculties in the Assistive Devices Program (ADP), obtaining health coverage after an absence which provides funding to help patients from Ontario, or because they do not have offset the costs of medical equipment a permanent address. For example:

58 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • HEALTH

supplies. Such complaints generally relate under new legislation passed in April to funding criteria or timelines. 2019 (Bill 74, The People’s Health Care Act, 2019), the LHIns and several other TOP 5 CASE TOPICS Ombudsman staff are often able to clear provincial health agencies are to be up miscommunication in such cases. merged into a new body, the Ontario For example: Health Agency, which will be within the • An Ontario Disability Support Program Ombudsman’s mandate. Our staff are (ODSP) recipient sought our help monitoring these changes. (outside our in obtaining Ontario Drug Beneft jurisdiction) We received 100 complaints about reimbursements for his medications. He 1 LHIns in fscal 2018-2019, up from 81 510 had received some reimbursement, but the previous year. Complaints related to Hospitals the Ministry had denied the rest until decisions about the quality of or eligibility he submitted a letter confrming his criteria for certain health services. We retroactive ODSP grant. Our inquiries resolved the bulk of these through determined that he had submitted the provision of information and referrals. letter, but it was not on fle. Once the man resubmitted the letter and his 2 receipts, he was fully reimbursed. Investigations 118 Ontario Health • A man who applied for funding for a Insurance Plan scooter complained to us that the ADP Oversight of complaints gave him no reasons for denying his about ambulance services request. Ombudsman staff contacted the ADP and discovered that offcials there Launched: May 2018 were waiting for additional information 3 Investigation update: In the wake of from the man’s physical therapist, but 100 several complaints regarding patients the man was unaware his application Local Health who died, were harmed or who suffered was incomplete. Once we clarifed this Integration Networks as a result of serious delays or other with him and he sent in the missing issues involving ambulance services, the information, his application was approved. Ombudsman launched an investigation (outside our into how the Ministry reviews such jurisdiction) Local Health Integration incidents. 4 Networks (LHINs) 100 The Special Ombudsman Response Long-term care Team has completed the feld work in this homes Local Health Integration networks (LHIns) investigation – including more than 60 were established in 2007 as non-proft interviews with Ministry staff, emergency agencies funded by the Ministry of service providers and stakeholders as Health and Long-Term Care, to plan well as dozens of complainants, and the funding and integrate health services in review of thousands of data fles. The 5 14 regions, including hospitals and long- 52 Ombudsman is in the process of drafting term care homes. LHIns also assumed Ontario public drug his fndings and recommendations, which responsibility for co-ordinating home care programs will be provided to the Ministry for a and community support services in 2016 chance to respond, after which his report when Community Care Access Centres will be fnalized and published. were eliminated.

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 59 HEALTH • YEAR IN REVIEW

Case summaries

A second look

A transgender woman complained that the Ontario Health Insurance Plan (OHIP) had improperly refused her application for prior approval for breast reconstruction surgery. The woman explained that due to medical treatment she had undergone as an adolescent, she required additional reconstructive surgery that would not normally be covered for sex reassignment. Our Offce made inquiries with the Ministry, and also spoke with the woman’s surgeon. The surgeon then submitted a new application with additional information, which was approved, with the Ministry specifying that any medically necessary procedures would be covered.

Uncovered

A concerned social worker at a psychiatric hospital asked us if we could help a patient whose OHIP coverage had been suddenly cancelled. We discovered that the man had immigrated to Canada more than 50 years ago, and was under the guardianship of Ontario’s Offce of the Public Guardian and Trustee, but had no legal status. He had been temporarily given OHIP coverage several times under a program that allows psychiatric patients to be covered while they are in hospital, until they can provide the requisite documentation. We also made inquiries with the man’s immigration lawyer about the man’s application for permanent residency. It was granted and he was able to obtain a health card and remain in treatment.

60 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • CERTIFICATES & PERMITS

• A woman who needed a long-form birth Overview and certifcate to obtain a work visa sought trends in cases our help when she submitted additional information to the Registrar General and then heard nothing for two months. Ontarians rely on the Ministry of After our staff contacted the Registrar Government and Consumer Services for General’s offce, her document was everything from birth certifcates to death issued within two days. certifcates, the main providers of which are the Offce of the Registrar General and Given the volume of complaints and ServiceOntario. Complaints about both human impact of the delays, we spoke of these bodies substantially increased in with Registrar General offcials to ensure 2018-2019, in part due to lengthy delays that additional staff and overtime were and a backlog that peaked in February 2019. helping to clear the backlog. They also noted that technological improvements Both offces acknowledged via their were underway to make their processes CERTIFICATES & PERMITS websites and social media that due to the simpler and faster. backlog, registrations of births, deaths Complaints about ServiceOntario – which and marriages could take 15 weeks. The also handles driver’s licences (see the Minister also noted in the Legislature that Transportation chapter of this report) – an increase in applications and a system totalled 269 this year, compared to 194 in that required errors to be fxed manually 2017-2018. We continue to monitor both contributed to the delays, and that staff bodies’ response to this issue. were authorized to work overtime to ease the backlog. Digital communication issues Ombudsman staff routinely work with offcials at the Ministry, the Registrar Our staff also helped several people deal General and ServiceOntario to help people with communication glitches that raised deal with delays and other barriers they serious concerns about the Registrar encounter in obtaining identifcation General’s policies with regard to digital documents, including poor customer applications. In a few cases, the Registrar service. General maintained that it was prevented by the Vital Statistics Act from altering Birth, marriage and death registrations for something like an certifcate delays autocorrect error on a mobile phone. For example:

We received 128 complaints about the • A father who used his mobile phone Registrar General in 2018-2019, up from to register his newborn son’s birth 62 the previous year. At least half of these misspelled the baby’s surname by were about delays, as people in need of one letter – thanks to autocorrect. His documents in order to obtain passports, MPP’s offce tried to help, but Registrar social insurance numbers or benefts General offcials told him the only way contacted us in frustration. For example: to fx the mistake was to go through

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 61 CERTIFICATES & PERMITS • YEAR IN REVIEW

Good the process of a formal name change. to Our staff helped clarify the process for know Cases related to TOP CASE TOPICS the MPP and the father by facilitating driver’s licences communication with the Registrar can be found in General’s offce. the Transportation • While registering the birth of his chapter of this report. newborn on a mobile phone, a man selected the wrong sex in error, then corrected it, resulting in a birth registration that shows both (the What to expect incorrect sex is shown in brackets). 269 An international student who had The Registrar General’s offce frmly ServiceOntario maintained that by law, errors cannot be completed post-secondary studies removed, only corrected with brackets. in Ontario and was now employed After our Offce’s inquiries on this fle, sought our help in communicating with it implemented an additional review ServiceOntario about getting an Ontario Health card. She complained that each process for similar cases to prevent sex time she brought in the documents they designation errors from being shown on requested, their expectations changed. the registration. 128 We connected her with offcials at the We continue to monitor the Registrar Ontario Health Insurance Plan (OHIP), Registrar General General’s efforts to modernize its who explained the documents she processes, and the effect of a proposal needed. They also agreed to speak with in the 2019 Ontario budget to allow it to ServiceOntario about how to handle make regulations to this effect. similar situations.

Case summaries Welcome change

Caught in the web A transgender man seeking a name change complained to us when his application was rejected because the sex A woman complained to us that the on his birth certifcate differed from the Registrar General’s website froze when gender on his name change application. she was in the midst of applying for death He was advised by ServiceOntario to certifcates for two family members. contact the Registrar General, whose She went back to the website and fled staff said he would have to submit a the application, and alerted the Registrar letter explaining the discrepancy. In the General of this – but she wound up course of our inquiries, we discovered being charged for two applications. We the name change form had recently been suggested several ways Registrar General revised and no longer required applicants offcials could address this issue, including to identify their gender. Registrar General staff training, clearer instructions on the staff approved the name change and website, and warnings to customers not acknowledged the man’s application to send duplicate applications. should not have been returned.

62 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • EMPLOYMENT

We also continue to monitor Overview and developments in consultations between trends in cases the WSIB and its labour stakeholders regarding the WSIB’s approach to Our Offce has noted a steady decline in medical advice about workers’ recovery cases in this category in recent years. The and return to work. most common complaints relate to the Ministry of Labour’s Workplace Safety and WSIAT backlog of appeals Insurance Board (WSIB), which provides wage-loss benefts and supports to injured Our Offce has raised concerns about workers, and the Workplace Safety and systemic delays at WSIAT since 2014- Insurance Appeals Tribunal (WSIAT), 2015, when a spike in its caseload which serves as the last avenue of appeal led to some appellants waiting more for workers who are dissatisfed with than two years for hearing dates. The the WSIB’s decisions and internal appeal Ombudsman assigned the Special EMPLOYMENT processes. Ombudsman Response Team to Most of these complaints are resolved assess these issues, and tribunal by referral to the appropriate offcials, offcials confrmed that their caseload but we also monitor and fag potential doubled to more than 9,000 in 2015 as systemic issues, which has led to a a result of a shortage of adjudicators. decline in overall complaints. Although our Changes to the WSIB’s adjudication Offce does not oversee labour unions or processes had also prompted more self-regulating professions, our staff refer appeals. complaints to the relevant oversight and appeal mechanisms as warranted. WSIAT leadership committed to providing the Ombudsman with regular updates as they worked to address this Workplace Safety and issue. Among other improvements, Insurance Board (WSIB) WSIAT increased its complement of adjudicators, began conducting hearings Complaints to our Offce about the WSIB by video conference and launched dropped to 278 in 2018-2019, which is a project to review and potentially less than half the number we received resolve cases earlier in the process. The three years ago (594). Complaints number of active appeals has dropped about the WSIB usually relate to delays, consistently, as have median wait times communication issues or customer for hearings. These improvements service problems with individual claims, corresponded with a steady decline in or disputes over compensation decisions. complaints to our Offce. We received We refer most complaints to the WSIB’s 68 in 2018-2019 – the lowest number in internal ombudsman – the Fair Practices Commission – or the offces of the Worker more than fve years. Adviser or employer Adviser, as appropriate.

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 63 EMPLOYMENT • YEAR IN REVIEW

In March 2019, WSIAT informed us that it had successfully eliminated the Case summaries TOP CASE TOPICS backlog and its caseload had returned to normal levels, at slightly under 4,000. Harsh choice The average wait time for a hearing was less than 10 months. A provincial government employee complained to us that the practices Ombudsman staff also helped individuals of the Workplace Discrimination and resolve issues with the tribunal. For Harassment Prevention Offce (WDHP) example: were onerous and unfair. This offce, • When we inquired about a case where part of the Ministry of Government 278 confusion led to the delay of a worker’s and Consumer Services, investigates WSIB appeal, WSIAT offcials noted that complaints of discrimination and they had adopted a new procedure of harassment in the Ontario Public Service. speaking with applicants by phone, When the woman was on medical rather than only by letter, to reduce leave due to the stress of the alleged misunderstandings and speed up harassment she had experienced, the process. WDHP offcials gave her two choices: Provide a medical certifcate stating that 68 Ontario Immigrant Nominee participating in the investigation would Program not aggravate her medical condition, or WSIAT sign a waiver stating that she accepted responsibility for any negative impacts As noted in our last Annual Report, our the investigation may have on her. She Offce has monitored problems with did not feel able to give this kind of delays, poor customer service and assurance. Ombudsman staff raised communication related to the Ontario concerns with the WDHP that such Immigrant nominee Program (OInP), requirements could deter victims of which nominates skilled immigrant workplace harassment from making workers for permanent residency complaints. The WDHP informed us that in Ontario. In several meetings with in the wake of our discussions, it has Ombudsman staff, the Ministry decided to change this practice. detailed its efforts to address these issues. These included ensuring the program’s main processing unit was fully staffed so it could consistently process applications in 45-90 days. As well, the Ontario Immigration Act, 2015, proclaimed in force in January 2018, prompted the OInP to create a new set of formal policies and procedures, clarifying the criteria for nominations, and establishing an appeal process. We received no complaints about the program in 2018-2019.

64 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • ENERGY & ENVIRONMENT

environmental Commissioner of Ontario, Overview and an independent offcer of the Legislature trends in cases like the Ombudsman. As of April 1, 2019, that offce was closed and its responsibilities transferred to the Auditor Cases in this category include complaints General of Ontario. about public sector administration of all forms of electricity and fuel in the province, as well as natural resources and Electric and Hydrogen the environment. Vehicle Incentive Program After the June 2018 provincial election, the names of the relevant ministries were Between July 2018 and the end of March changed, along with various programs and 2019, we received 303 complaints related responsibilities. They are now the Ministry to the cancellation of the Ministry of of energy, northern Development and Transportation’s electric and Hydrogen Mines, the Ministry of the environment, Vehicle Incentive Program (eHVIP). under ENERGY & ENVIRONMENT Conservation and Parks, and the Ministry the eHVIP, purchasers of eligible electric of natural Resources and Forestry. or hydrogen-powered vehicles received a rebate of between $5,000 and $14,000. The most high-profle of the program changes, in terms of complaints to On July 11, the Ministry of Transportation our Offce, were due to the new announced a two-month transition period government’s promise to cancel the during which rebates could be claimed, previous government’s cap-and-trade but only for vehicles that automobile carbon emissions program and reduce dealers either already had on their lots, or gas prices, which in turn resulted in the had ordered from manufacturers prior to cancellation of such related programs the program cancellation. This disqualifed as the electric and Hydrogen Vehicle purchasers of one type of eligible vehicle Incentive Program and the GreenOn – Tesla Model 3 – because they bought rebate program. directly from the manufacturer, not from dealers. We received more than 100 Although Ontario’s largest electricity complaints during this period, almost all provider, Hydro One, was removed from related to Tesla Model 3s. the Ombudsman’s jurisdiction when it was partially privatized in 2015, we are By late August, after a successful court able to take complaints about municipally application by Tesla Motors Canada, the controlled hydro corporations, as well Ministry announced a new transition plan as provincial bodies such as the Ontario that no longer excluded vehicles ordered energy Board and Independent electricity directly through manufacturers. System Operator. We generally resolve Between november 2018 and March these by connecting people with relevant 2019, we received more than 150 local offcials or appeal mechanisms. complaints, primarily about delayed Another change in this area, rebates and a lack of information on announced in november 2018, related the status of applications. Many people to the responsibilities of the former complained they had heard nothing for

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 65 ENERGY & ENVIRONMENT • YEAR IN REVIEW

nine months. Some noted that online Ontario Electricity Support • A social housing resident contacted guides to the program had disappeared Program (OESP) us in frustration over a mystery water and then reappeared with confusing heater rental charge on his hydro information. bill. The utility told him the rental The OeSP was introduced in January was part of his lease with the local Our Offce established a dedicated team 2016 to assist low-income households social services administration board, to work collaboratively with senior Ministry with electricity costs through monthly but he was unable to fnd any such staff to determine the status of applications credits. We received 5 complaints about and ensure they were being processed eligibility and service issues with the reference on his lease. In the wake of quickly. We alerted some complainants program. For example: our inquiries, the relevant forms for whose applications were incomplete, and tenants now include an illustration of assisted them with the process. • An OESP recipient sought our help a shower with the words “hot water after he moved to a new municipality tank rental,” and require them to In March 2019, we noted a new trend and had to reapply to the OeSP initial to show they understand the in complaints from people whose and the utility company in the new obligation. applications were denied after many city. Our inquiries revealed that the months, because their vehicles were not six-week delay in his application was • We helped a woman who feared her listed on a specifc Ministry-approved due to a technical glitch – OeSP had electricity would be cut off because order list. Although this requirement was been unable to verify his application she was struggling to pay unpaid bills stated in the eHVIP application materials, through the utility because the utility’s and couldn’t get the hydro company’s many complained it was unclear. Our work password had expired. Once this accounts receivable department to on resolving this issue is ongoing. issue was addressed, OeSP offcials listen to her. Our staff helped her approved the man’s application within contact the company’s customer care GreenON rebate program a week, and added a one-month department, and let her know she adjustment to his support. As a result could also complain to the Ontario We received 31 complaints about the of our inquiries, they also identifed energy Board if the matter wasn’t Independent electricity System Operator’s and alerted 24 other customers of the resolved. administration of the GreenOn program, same utility whose applications were which paid rebates to homeowners similarly affected. Environment and natural and businesses for energy-effcient resources issues renovations. On June 19, 2018, the Municipal hydro issues government ended GreenOn as part of its cancellation of the cap-and-trade Complaints to our Offce about the We received 131 complaints about emissions program. The bulk of the programs within the new Ministry of municipal hydro companies in 2018- complaints were from homeowners natural Resources and Forestry (MnRF) 2019, up from 114 the previous year. who were concerned that they might remained consistent with previous years. not be able to complete renovations in Most related to disconnections, The most common topics continue to time to claim their rebates, as well as customer service and billing issues. In be the Ministry’s management of Crown some whose rebates were delayed. many cases, we shared information lands, protection of wildlife habitats and Ombudsman staff resolved these about available complaint avenues endangered species, and concerns about issues by making inquiries and helping through the utilities and the Ontario fshing and hunting licences. complainants get information from energy Board, or connected them with program offcials. utility offcials. For example:

66 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario YEAR IN REVIEW • ENERGY & ENVIRONMENT

We noted a slight decline in complaints about the programs within the Case summaries new Ministry of the environment, TOP CASE TOPICS Conservation and Parks (MeCP) in All’s well that ends well 2018-2019. Among the complaints handled were concerns about the After our staff assisted a Tesla owner in having his electric and Hydrogen Vehicle Ministry’s efforts to ensure compliance Incentive Program application approved, with provincial standards regarding the he returned to us for help in February discharge of air, noise, waste or sewage 2019, after he received only half of his contaminants. $14,000 rebate. Ministry of Transportation Some examples: offcials acknowledged they had made an error and committed to correct it. A month 303 • Our staff helped a local resident later, the Ministry sent the man a letter connect with MnRF offcials after with outdated information about his fle, Electric and he complained that they weren’t but no additional rebate. Our staff again Hydrogen Vehicle responding to his concerns about followed up with Ministry offcials, who Incentive Program a project that he believed would confrmed that they had neglected to send the second . The man thanked have signifcant impact on the $7,000 our staff for resolving what he called a renaturalization of the marshland in the “comedy of errors.” area. The Ministry agreed to meet with the man to discuss his concerns. On the hook • Two homeowners sought our help after they reported a foul-smelling 131 A woman who runs a commercial fshing liquid that was spilling onto their business complained that the Ministry Municipal hydro properties from a pipe outlet and of natural Resources and Forestry draining into a main waterway. One had not responded to her request for had been waiting for a response from a refund of more than $31,000 she the Ministry for more than a year. Our had overpaid in Crown lease fees over inquiries revealed that the MeCP, the several years. She also complained that Ministry of Transportation and the she had been waiting since 2015 for local municipality were all doing their the Ministry to schedule a hearing to 31 own investigations into the source of increase her fshing quotas. Ombudsman staff contacted the Ministry to discuss GreenON rebate the spill, but were not communicating the issues and shortly thereafter, the with one another or the affected program woman received her refund, along with residents. In the wake of our inquiries, an explanation that the hearing delay the MeCP took a lead role in co- was partly due to a shortage of qualifed ordinating a response. We continue hearing offcers. The Ministry noted to monitor its plans to remediate the that it was in the process of hiring more environmental damage. offcers and provided the woman with a point of contact for further inquiries.

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 67 Appendix • Case statistics

TOTAL CASES RECEIVED, FISCAL YEARS 2014-2015 - 2018-2019

30,000

27,419 25,000

23,153 22,118 20,000 21,328 21,154

15,000

10,000

5,000

0 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019

HOW CASES WERE RECEIVED, 2018-2019

9.4%

51.2%

39.1%

TELEPHONE, TTY

IN PERSON

WEBSITE, EMAIL

LETTER, FAX 0.3%

68 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario DISPOSITION OF CASES, 2018-2019

cases received in fscal 27,419 2018-2019

CASES CLOSED - 2018-2019

cases within 43% the Ombudsman’s jurisdiction 18,447 20%

INqUIRIES MADE OR REFERRAL GIVEN

RESOLVED WITH OMBUDSMAN INTERVENTION OR BEST PRACTICES SUGGESTED 5% CLOSED AFTER OMBUDSMAN’S REVIEW

DISCONTINUED BY COMPLAINANT 13% 19% RESOLVED WITHOUT OMBUDSMAN INTERVENTION

cases outside the Ombudsman’s 58% 7,999 jurisdiction 1% PRIVATE

FEDERAL 12% BROADER PUBLIC SECTOR OUTSIDE AUTHORITY**

PROVINCIAL OUTSIDE AUTHORITY* 17% 12% OUTSIDE ONTARIO

*E.g., complaints about courts, Stewardship Ontario, Tarion **E.g., complaints about hospitals, long-term care, children’s aid societies, municipal police

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 69 CASES BY PROVINCIAL RIDING, 2018-2019*

AJAx 113 MISSISSAuGA—eRIn MILLS 109 ALGOMA—MAnITOuLIn 188 MISSISSAuGA—LAkeSHORe 114 AuRORA—OAk RIDGeS—RICHMOnD HILL 107 MISSISSAuGA—MALTOn 113 BARRIe—InnISFIL 148 MISSISSAuGA—STReeTSVILLe 118 BARRIe—SPRInGWATeR—ORO-MeDOnTe 157 MuSHkeGOWuk—JAMeS BAY 42 BAY OF QuInTe 144 nePeAn 111 BeACHeS—eAST YORk 197 neWMARkeT—AuRORA 158 BRAMPTOn CenTRe 116 nIAGARA CenTRe 161 BRAMPTOn eAST 87 nIAGARA FALLS 213 BRAMPTOn nORTH 103 nIAGARA WeST 95 BRAMPTOn SOuTH 168 nICkeL BeLT 141 BRAMPTOn WeST 90 nIPISSInG 146 BRAnTFORD—BRAnT 184 nORTHuMBeRLAnD—PeTeRBOROuGH SOuTH 150 BRuCe—GReY—OWen SOunD 147 OAkVILLe 135 BuRLInGTOn 149 OAkVILLe nORTH—BuRLInGTOn 115 CAMBRIDGe 117 ORLéAnS 160 CARLeTOn 88 OSHAWA 224 CHATHAM-kenT—LeAMInGTOn 141 OTTAWA CenTRe 211 DAVenPORT 163 OTTAWA SOuTH 138 DOn VALLeY eAST 98 OTTAWA WeST—nePeAn 124 DOn VALLeY nORTH 103 OTTAWA—VAnIeR 153 DOn VALLeY WeST 107 OxFORD 136 DuFFeRIn—CALeDOn 125 PARkDALe—HIGH PARk 142 DuRHAM 179 PARRY SOunD—MuSkOkA 188 eGLInTOn—LAWRenCe 135 PeRTH—WeLLInGTOn 91 eLGIn—MIDDLeSex—LOnDOn 147 PeTeRBOROuGH—kAWARTHA 154 eSSex 142 PICkeRInG—uxBRIDGe 129 eTOBICOke CenTRe 108 RenFReW—nIPISSInG—PeMBROke 151 eTOBICOke nORTH 105 RICHMOnD HILL 75 eTOBICOke—LAkeSHORe 233 SARnIA—LAMBTOn 108 FLAMBOROuGH—GLAnBROOk 122 SAuLT STe. MARIe 151 GLenGARRY—PReSCOTT—RuSSeLL 155 SCARBOROuGH CenTRe 108 GueLPH 196 SCARBOROuGH nORTH 79 HALDIMAnD—nORFOLk 117 SCARBOROuGH SOuTHWeST 168 HALIBuRTOn—kAWARTHA LAkeS—BROCk 183 SCARBOROuGH—AGInCOuRT 66 HAMILTOn CenTRe 246 SCARBOROuGH—GuILDWOOD 119 HAMILTOn eAST—STOneY CReek 145 SCARBOROuGH—ROuGe PARk 107 HAMILTOn MOunTAIn 148 SIMCOe nORTH 218 HAMILTOn WeST—AnCASTeR—DunDAS 144 SIMCOe—GReY 227 HASTInGS—LennOx AnD ADDInGTOn 137 SPADInA—FORT YORk 196 HuMBeR RIVeR—BLACk CReek 104 ST. CATHARIneS 215 HuROn—BRuCe 149 STORMOnT—DunDAS—SOuTH GLenGARRY 133 kAnATA—CARLeTOn 132 SuDBuRY 213 kenORA—RAInY RIVeR 99 THORnHILL 106 kIIWeTInOOnG 23 THunDeR BAY—ATIkOkAn 128 kInGSTOn AnD THe ISLAnDS 126 THunDeR BAY—SuPeRIOR nORTH 114 kInG—VAuGHAn 106 TIMISkAMInG—COCHRAne 142 kITCHeneR CenTRe 152 TIMMInS 46 kITCHeneR SOuTH—HeSPeLeR 98 TOROnTO CenTRe 204 kITCHeneR—COneSTOGA 70 TOROnTO—DAnFORTH 139 LAMBTOn—kenT—MIDDLeSex 102 TOROnTO—ST. PAuL'S 110 LAnARk—FROnTenAC—kInGSTOn 137 unIVeRSITY—ROSeDALe 114 LeeDS—GRenVILLe—THOuSAnD ISLAnDS AnD RIDeAu LAkeS 133 VAuGHAn—WOODBRIDGe 68 LOnDOn nORTH CenTRe 201 WATeRLOO 107 LOnDOn WeST 175 WeLLInGTOn—HALTOn HILLS 142 LOnDOn—FAnSHAWe 153 WHITBY 114 MARkHAM—STOuFFVILLe 128 WILLOWDALe 73 MARkHAM—THORnHILL 83 WInDSOR WeST 223 MARkHAM—unIOnVILLe 68 WInDSOR—TeCuMSeH 124 MILTOn 124 YORk CenTRe 99 MISSISSAuGA CenTRe 115 YORk SOuTH—WeSTOn 98 MISSISSAuGA eAST—COOkSVILLe 104 YORk—SIMCOe 117

*All cases where a postal code was available, including those related to municipalities, universities and school boards, but excluding correctional facilities.

70 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario TOP 10 PROVINCIAL GOVERNMENT ORGANIZATIONS AND PROGRAMS BY CASE VOLUME, 2018-2019*

NUMBER OF CASES

1 OnTARIO CAnnABIS STORe 2,411

2 FAMILY ReSPOnSIBILITY OFFICe 781

3 OnTARIO DISABILITY SuPPORT PROGRAM 773

4 OnTARIO AuTISM PROGRAM 575

5 TRIBunALS OnTARIO 438

6 WORkPLACe SAFeTY AnD InSuRAnCe BOARD 278

7 SeRVICeOnTARIO 269

8 OnTARIO PROVInCIAL POLICe 275

9 COLLeGeS OF APPLIeD ARTS AnD TeCHnOLOGY 234

10 DRIVeR LICenSInG 230

*Excluding correctional facilities.

TOP 10 CORRECTIONAL FACILITIES BY CASE VOLUME, 2018-2019

NUMBER OF CASES

1 CenTRAL eAST CORReCTIOnAL CenTRe 770

2 TOROnTO SOuTH DeTenTIOn CenTRe 750

3 MAPLeHuRST CORReCTIOnAL COMPLex 669

4 CenTRAL nORTH CORReCTIOnAL CenTRe 553

5 OTTAWA-CARLeTOn DeTenTIOn CenTRe 406

6 HAMILTOn-WenTWORTH DeTenTIOn CenTRe 405

7 nIAGARA DeTenTIOn CenTRe 295

8 SOuTH WeST DeTenTIOn CenTRe 291

9 TOROnTO eAST DeTenTIOn CenTRe 207

10 eLGIn-MIDDLeSex DeTenTIOn CenTRe 200

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 71 TOTAL CASES RECEIVED FOR PROVINCIAL GOVERNMENT MINISTRIES AND SELECTED PROGRAMS, 2018-2019*

MINISTER RESPONSIBLE FOR WOMEN’S ISSUES 1

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS 14

MINISTRY OF THE ATTORNEY GENERAL 1,073

ALCOHOL AnD GAMInG COMMISSIOn OF OnTARIO 28

CHILDRen'S LAWYeR 39

COuRT ADMInISTRATIOn 96

HuMAn RIGHTS LeGAL SuPPORT CenTRe 14

LeGAL AID CLInIC 16

LeGAL AID OnTARIO 125

OFFICe OF THe PuBLIC GuARDIAn AnD TRuSTee 178

SPeCIAL InVeSTIGATIOnS unIT 11

TRIBunALS OnTARIO 438

MINISTRY OF CHILDREN, COMMUNITY AND SOCIAL SERVICES 2,429

DeVeLOPMenTAL SeRVICeS PROGRAMS 91

FAMILY ReSPOnSIBILITY OFFICe 781

MInISTRY FunDeD SeRVICe PROVIDeR – CHILDRen AnD YOuTH 23

MInISTRY FunDeD SeRVICe PROVIDeR – COMMunITY AnD SOCIAL SeRVICeS 68

OnTARIO AuTISM PROGRAM 575

OnTARIO DISABILITY SuPPORT PROGRAM 773

SPeCIAL neeDS PROGRAMS – CHILDRen 30

YOuTH CuSTODY FACILITIeS – DIReCT OPeRATeD 13

YOuTH CuSTODY FACILITIeS – MInISTRY FunDeD 34

MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES 6,091

CORReCTIOnAL FACILITIeS 5,711

OFFICe OF THe CHIeF COROneR 15

OnTARIO PROVInCIAL POLICe 275

PRIVATe SeCuRITY AnD InVeSTIGATIVe SeRVICeS BRAnCH 13

PROBATIOn AnD PAROLe 53

MINISTRY OF EDUCATION 39

CHILD CARe QuALITY ASSuRAnCe AnD LICenSInG BRAnCH 11

MINISTRY OF ENERGY, NORTHERN DEVELOPMENT AND MINES 87

InDePenDenT eLeCTRICITY SYSTeM OPeRATOR 39

OnTARIO eneRGY BOARD 17

OnTARIO POWeR GeneRATIOn 13

MINISTRY OF THE ENVIRONMENT, CONSERVATION AND PARKS 49

MINISTRY OF FINANCE 2,658

FInAnCIAL SeRVICeS COMMISSIOn 32

LIQuOR COnTROL BOARD OF OnTARIO 21

MunICIPAL PROPeRTY ASSeSSMenT CORPORATIOn 57

OnTARIO CAnnABIS STORe 2,411

OnTARIO LOTTeRY AnD GAMInG CORPORATIOn 75

OnTARIO SeCuRITIeS COMMISSIOn 15

*Total fgures 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.

72 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario TOTAL CASES RECEIVED FOR PROVINCIAL GOVERNMENT MINISTRIES AND SELECTED PROGRAMS, 2018-2019*

MINISTRY OF FRANCOPHONE AFFAIRS 1

MINISTRY OF GOVERNMENT AND CONSUMER SERVICES 450

COnSuMeR PROTeCTIOn OnTARIO 25

ReGISTRAR GeneRAL 128

SeRVICeOnTARIO 269

MINISTRY OF HEALTH AND LONG-TERM CARE 547

ASSISTIVe DeVICeS / HOMe OxYGen PROGRAMS 25

eMeRGenCY HeALTH SeRVICeS 15

HeALTH CARe COnneCT 11

HeALTH PROFeSSIOnS APPeAL AnD ReVIeW BOARD 30

HeALTH QuALITY OnTARIO - PATIenT OMBuDSMAn 17

LOCAL HeALTH InTeGRATIOn neTWORkS 100

MInISTRY FunDeD SeRVICe PROVIDeR 77

OnTARIO HeALTH InSuRAnCe PLAn 118

OnTARIO PuBLIC DRuG PROGRAMS 52

MINISTRY OF INDIGENOUS AFFAIRS 2

MINISTRY OF INFRASTRUCTURE 2

MINISTRY OF LABOUR 470

eMPLOYMenT PRACTICeS BRAnCH 42

FAIR PRACTICeS COMMISSIOn 10

OCCuPATIOnAL HeALTH AnD SAFeTY BRAnCH 25

OFFICe OF THe WORkeR ADVISeR 14

OnTARIO LABOuR ReLATIOnS BOARD 24

WORkPLACe SAFeTY AnD InSuRAnCe APPeALS TRIBunAL 68

WORkPLACe SAFeTY AnD InSuRAnCe BOARD 278

MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING 12

MINISTRY OF NATURAL RESOURCES AND FORESTRY 55

MINISTRY OF TOURISM, CULTURE AND SPORT 13

MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES 492

COLLeGeS OF APPLIeD ARTS AnD TeCHnOLOGY 234

OnTARIO COLLeGe OF TRADeS 33

OnTARIO STuDenT ASSISTAnCe PROGRAM 181

PRIVATe CAReeR COLLeGeS BRAnCH 10

SeCOnD CAReeR 13

MINISTRY OF TRANSPORTATION 897

DRIVeR LICenSInG 230

eLeCTRIC AnD HYDROGen VeHICLe InCenTIVe PROGRAM 303

MeTROLInx/GO TRAnSIT 49

MInISTRY FunDeD SeRVICe PROVIDeR 72

TRAnSPORTATIOn – MeDICAL ReVIeW 83

VeHICLe LICenSInG 47

TREASURY BOARD SECRETARIAT 10

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 73 CASES RECEIVED ABOUT MUNICIPALITIES, 2018-2019 TOTAL: 3,002

ADeLAIDe MeTCALFe, TOWnSHIP OF 1 CASSeLMAn, VILLAGe OF 3 ADJALA-TOSOROnTIO, TOWnSHIP OF 9 CAVAn MOnAGHAn, TOWnSHIP OF 4 AJAx, TOWn OF 5 CenTRAL eLGIn, MunICIPALITY OF 3 ALFReD AnD PLAnTAGeneT, TOWnSHIP OF 4 CenTRAL FROnTenAC, TOWnSHIP OF 1 ALGOnQuIn HIGHLAnDS, TOWnSHIP OF 1 CenTRAL HuROn, MunICIPALITY OF 3 ALnWICk/HALDIMAnD, TOWnSHIP OF 3 CenTRe HASTInGS, MunICIPALITY OF 4 AMHeRSTBuRG, TOWn OF 5 CenTRe WeLLInGTOn, TOWnSHIP OF 3 ARnPRIOR, TOWn OF 2 CHAMBeRLAIn, TOWnSHIP OF 1 ARRAn-eLDeRSLIe, MunICIPALITY OF 1 CHAMPLAIn, TOWnSHIP OF 1 ASHFIeLD-COLBORne-WAWAnOSH, TOWnSHIP OF 2 CHAPLeAu, TOWnSHIP OF 2 ASPHODeL-nORWOOD, TOWnSHIP OF 1 CHATHAM-kenT, MunICIPALITY OF 35 ATHenS, TOWnSHIP OF 1 CHATSWORTH, TOWnSHIP OF 2 AuRORA, TOWn OF 7 CLARenCe-ROCkLAnD, CITY OF 2 AYLMeR, TOWn OF 1 CLARInGTOn, MunICIPALITY OF 15 BALDWIn, TOWnSHIP OF 1 CLeARVIeW, TOWnSHIP OF 4 BAnCROFT, TOWn OF 7 COBALT, TOWn OF 1 BARRIe, CITY OF 14 COBOuRG, TOWn OF 4 BAYHAM, MunICIPALITY OF 2 COCHRAne, TOWn OF 2 BeLLeVILLe, CITY OF 4 COLeMAn, TOWnSHIP OF 4 BILLInGS, TOWnSHIP OF 1 COLLInGWOOD, TOWn OF 1 BLAnDFORD-BLenHeIM, TOWnSHIP OF 1 CORnWALL, CITY OF 12 BLInD RIVeR, TOWn OF 3 CRAMAHe, TOWnSHIP OF 5 BLueWATeR, MunICIPALITY OF 1 DeeP RIVeR, TOWn OF 3 BOnFIeLD, TOWnSHIP OF 2 DOuRO-DuMMeR, TOWnSHIP OF 2 BOnneCHeRe VALLeY, TOWnSHIP OF 3 DRuMMOnD/nORTH eLMSLeY, TOWnSHIP OF 1 BRACeBRIDGe, TOWn OF 4 DRYDen, CITY OF 6 BRADFORD WeST GWILLIMBuRY, TOWn OF 1 DuFFeRIn, COunTY OF 4 BRAMPTOn, CITY OF 35 DuRHAM, ReGIOnAL MunICIPALITY OF 29 BRAnT, COunTY OF 3 DuTTOn-DunWICH, MunICIPALITY OF 2 BRAnTFORD, CITY OF 30 DYSART eT AL, MunICIPALITY OF 1 BRIGHTOn, MunICIPALITY OF 7 eAST FeRRIS, MunICIPALITY OF 3 BROCk, TOWnSHIP OF 2 eAST GWILLIMBuRY, TOWn OF 3 BROCkTOn, MunICIPALITY OF 2 eAST HAWkeSBuRY, TOWnSHIP OF 1 BROCkVILLe, CITY OF 2 eAST ZORRA -TAVISTOCk, TOWnSHIP OF 2 BROOke-ALVInSTOn, MunICIPALITY OF 1 eDWARDSBuRGH/CARDInAL, TOWnSHIP OF 1 BRuCe MIneS, TOWn OF 3 eLLIOT LAke, CITY OF 2 BRuCe, COunTY OF 4 eMO, TOWnSHIP OF 1 BuRk'S FALLS, VILLAGe OF 4 eRIn, TOWn OF 37 BuRLInGTOn, CITY OF 19 eSPAnOLA, TOWn OF 12 CALeDOn, TOWn OF 11 eSSA, TOWnSHIP OF 7 CALLAnDeR, MunICIPALITY OF 4 eSSex, COunTY OF 2 CALVIn, MunICIPALITY OF 2 eSSex, TOWn OF 14 CAMBRIDGe, CITY OF 5 FARADAY, TOWnSHIP OF 3 CARLeTOn PLACe, TOWn OF 7 FAuQuIeR-STRICkLAnD, TOWnSHIP OF 1 CARLInG, TOWnSHIP OF 2 FORT eRIe, TOWn OF 11 CARLOW/MAYO, TOWnSHIP OF 2 FORT FRAnCeS, TOWn OF 2

Note: Municipalities that were not the subject of any cases are not listed.

74 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario CASES RECEIVED ABOUT MUNICIPALITIES, 2018-2019

FRenCH RIVeR, MunICIPALITY OF 1 keARneY, TOWn OF 3 FROnT OF YOnGe, TOWnSHIP OF 1 kenORA, CITY OF 6 FROnTenAC, COunTY OF 1 kILLALOe, HAGARTY AnD RICHARDS, TOWnSHIP OF 1 GAnAnOQue, SePARATeD TOWn OF 1 kILLARneY, MunICIPALITY OF 1 GeORGIAn BAY, TOWnSHIP OF 5 kInCARDIne, MunICIPALITY OF 3 GeORGIAn BLuFFS, TOWnSHIP OF 4 kInG, TOWnSHIP OF 3 GeORGInA, TOWn OF 8 kInGSTOn, CITY OF 20 GORDOn/BARRIe ISLAnD, MunICIPALITY OF 1 kInGSVILLe, TOWn OF 2 GORe BAY, TOWn OF 1 kIRkLAnD LAke, TOWn OF 5 GRAVenHuRST, TOWn OF 4 kITCHeneR, CITY OF 17 GReATeR MADAWASkA, TOWnSHIP OF 2 LAIRD, TOWnSHIP OF 1 GReATeR nAPAnee, TOWn OF 4 LAkeSHORe, TOWn OF 5 GReATeR SuDBuRY, CITY OF 68 LAMBTOn SHOReS, MunICIPALITY OF 4 GReenSTOne, MunICIPALITY OF 3 LAMBTOn, COunTY OF 1 GReY HIGHLAnDS, MunICIPALITY OF 3 LAnARk HIGHLAnDS, TOWnSHIP OF 1 GReY, COunTY OF 10 LAnARk, COunTY OF 5 GRIMSBY, TOWn OF 7 LARDeR LAke, TOWnSHIP OF 1 GueLPH, CITY OF 9 LASALLe, TOWn OF 2 GueLPH/eRAMOSA, TOWnSHIP OF 3 LAuRenTIAn VALLeY, TOWnSHIP OF 1 HALDIMAnD COunTY, COunTY OF 7 LeAMInGTOn, MunICIPALITY OF 13 HALIBuRTOn, COunTY OF 1 LeeDS AnD GRenVILLe, unITeD COunTIeS OF 3 HALTOn HILLS, TOWn OF 1 LeeDS AnD THe THOuSAnD ISLAnDS, TOWnSHIP OF 1 HALTOn, ReGIOnAL MunICIPALITY OF 25 LInCOLn, TOWn OF 7 HAMILTOn, CITY OF 114 LOnDOn, CITY OF 78 HAMILTOn, TOWnSHIP OF 1 LOYALIST TOWnSHIP 3 HAnOVeR, TOWn OF 1 LuCAn BIDDuLPH, TOWnSHIP OF 1 HASTInGS HIGHLAnDS, MunICIPALITY OF 1 MACDOnALD, MeReDITH & ABeRDeen ADDITIOnAL, TOWnSHIP OF 1 HASTInGS, COunTY OF 18 MACHIn, MunICIPALITY OF 1 HAWkeSBuRY, TOWn OF 2 MADAWASkA VALLeY, TOWnSHIP OF 2 HeARST, TOWn OF 4 MAGneTAWAn, MunICIPALITY OF 4 HIGHLAnDS eAST, MunICIPALITY OF 5 MALAHIDe, TOWnSHIP OF 1 HORnePAYne, TOWnSHIP OF 2 MAnITOuWADGe, TOWnSHIP OF 5 HORTOn, TOWnSHIP OF 1 MARATHOn, TOWn OF 1 HOWICk, TOWnSHIP OF 1 MARkHAM, CITY OF 10 HunTSVILLe, TOWn OF 5 MARkSTAY-WARRen, MunICIPALITY OF 3 HuROn eAST, MunICIPALITY OF 2 MARMORA AnD LAke, MunICIPALITY OF 1 HuROn SHOReS, MunICIPALITY OF 1 MATACHeWAn, TOWnSHIP OF 11 HuROn-kInLOSS, TOWnSHIP OF 4 MATTAWA, TOWn OF 1 HuROn, COunTY OF 1 MCDOuGALL, MunICIPALITY OF 3 IGnACe, TOWnSHIP OF 1 MCGARRY, TOWnSHIP OF 1 InGeRSOLL, TOWn OF 2 MCkeLLAR, TOWnSHIP OF 1 InnISFIL, TOWn OF 7 MCMuRRICH/MOnTeITH, TOWnSHIP OF 3 IROQuOIS FALLS, TOWn OF 5 MCnAB/BRAeSIDe, TOWnSHIP OF 1 JOHnSOn, TOWnSHIP OF 1 MeRRICkVILLe-WOLFORD, VILLAGe OF 4 JOLY, TOWnSHIP OF 1 MIDDLeSex CenTRe, MunICIPALITY OF 2 kAWARTHA LAkeS, CITY OF 23 MIDLAnD, TOWn OF 5

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 75 CASES RECEIVED ABOUT MUNICIPALITIES, 2018-2019

MILTOn, TOWn OF 8 PeMBROke, CITY OF 4 MInDen HILLS, TOWnSHIP OF 6 PeRTH eAST, TOWnSHIP OF 1 MInTO, TOWn OF 2 PeTAWAWA, TOWn OF 3 MISSISSAuGA, CITY OF 46 PeTeRBOROuGH, CITY OF 13 MISSISSIPPI MILLS, CORPORATIOn OF THe MunICIPALITY 1 PeTROLIA, TOWn OF 3 MOnO, TOWn OF 1 PICkeRInG, CITY OF 4 MOOnBeAM, TOWnSHIP OF 2 PICkLe LAke, TOWnSHIP OF 3 MOOSOnee, TOWn OF 1 PLuMMeR ADDITIOnAL, TOWnSHIP OF 2 MORRIS-TuRnBeRRY, MunICIPALITY OF 1 PLYMPTOn-WYOMInG, TOWn OF 3 MuLMuR, TOWnSHIP OF 1 PORT COLBORne, CITY OF 6 MuSkOkA LAkeS, TOWnSHIP OF 1 PORT HOPe, MunICIPALITY OF 1 MuSkOkA, DISTRICT MunICIPALITY OF 5 POWASSAn, MunICIPALITY OF 2 neeBInG, MunICIPALITY OF 1 PReSCOTT, SePARATeD TOWn OF 2 neW TeCuMSeTH, TOWn OF 1 PRInCe eDWARD, COunTY OF 3 neWMARkeT, TOWn OF 12 QuInTe WeST, CITY OF 4 nIAGARA FALLS, CITY OF 11 RAInY RIVeR, TOWn OF 2 nIAGARA-On-THe-LAke, TOWn OF 7 RAMARA, TOWnSHIP OF 9 nIAGARA, ReGIOnAL MunICIPALITY OF 217 RenFReW, COunTY OF 2 nIPIGOn, TOWnSHIP OF 1 RenFReW, TOWn OF 1 nORFOLk, COunTY 22 RICHMOnD HILL, TOWn OF 14 nORTH ALGOnA WILBeRFORCe , TOWnSHIP OF 2 RIDeAu LAkeS, TOWnSHIP OF 2 nORTH BAY, CITY OF 16 RuSSeLL, TOWnSHIP OF 1 nORTH DuMFRIeS, TOWnSHIP OF 1 SABLeS-SPAnISH RIVeRS, TOWnSHIP OF 6 nORTH DunDAS, TOWnSHIP OF 1 SARnIA, CITY OF 13 nORTH FROnTenAC, TOWnSHIP OF 4 SAuGeen SHOReS, TOWn OF 5 nORTH GRenVILLe, MunICIPALITY OF 2 SAuLT STe. MARIe, CITY OF 20 nORTH HuROn, TOWnSHIP OF 3 SCHReIBeR, TOWnSHIP OF 2 nORTH kAWARTHA, TOWnSHIP OF 3 SCuGOG, TOWnSHIP OF 4 nORTH MIDDLeSex, MunICIPALITY OF 1 SeGuIn, TOWnSHIP OF 1 nORTH STORMOnT, TOWnSHIP OF 1 SeVeRn, TOWnSHIP OF 2 nORTHeASTeRn MAnITOuLIn AnD THe ISLAnDS, TOWn OF 1 SHeLBuRne, TOWn OF 2 nORTHeRn BRuCe PenInSuLA, MunICIPALITY OF 6 SHunIAH, MunICIPALITY OF 1 nORTHuMBeRLAnD, COunTY OF 4 SIMCOe, COunTY OF 26 nORWICH, TOWnSHIP OF 2 SIOux LOOkOuT, MunICIPALITY OF 1 OAkVILLe, TOWn OF 4 SIOux nARROWS-neSTOR FALLS, TOWnSHIP OF 1 OLIVeR PAIPOOnGe, MunICIPALITY OF 6 SMITHS FALLS, TOWn OF 25 ORAnGeVILLe, TOWn OF 3 SOuTH BRuCe PenInSuLA, TOWn OF 7 ORILLIA, CITY OF 3 SOuTH BRuCe, MunICIPALITY OF 3 ORO-MeDOnTe, TOWnSHIP OF 4 SOuTH DunDAS, MunICIPALITY OF 6 OSHAWA, CITY OF 28 SOuTH FROnTenAC, TOWnSHIP OF 3 OTOnABee-SOuTH MOnAGHAn, TOWnSHIP OF 5 SOuTH GLenGARRY, TOWnSHIP OF 5 OTTAWA, CITY OF 125 SOuTH HuROn, MunICIPALITY OF 1 OWen SOunD, CITY OF 5 SOuTH RIVeR, VILLAGe OF 1 OxFORD, COunTY OF 1 SOuTH STORMOnT, TOWnSHIP OF 6 PARRY SOunD, TOWn OF 3 SOuTHGATe, TOWnSHIP OF 2 PeeL, ReGIOnAL MunICIPALITY OF 87 SOuTHWeST MIDDLeSex, MunICIPALITY OF 6 PeLee, TOWnSHIP OF 2 SOuTHWOLD, TOWnSHIP OF 1 PeLHAM, TOWn OF 2 SPAnISH, TOWn OF 2

76 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario CASES RECEIVED ABOUT MUNICIPALITIES, 2018-2019

SPRInGWATeR, TOWnSHIP OF 4 WInDSOR, CITY OF 81 ST. CATHARIneS, CITY OF 13 WOLLASTOn, TOWnSHIP OF 3 ST. CLAIR, TOWnSHIP OF 2 WOODSTOCk, CITY OF 8 ST. JOSePH, TOWnSHIP OF 1 WOOLWICH, TOWnSHIP OF 4 ST. MARYS, SePARATeD TOWn OF 1 YORk, ReGIOnAL MunICIPALITY OF 34 ST. THOMAS, CITY OF 6 CASeS WHeRe nO MunICIPALITY WAS SPeCIFIeD 55 ST.-CHARLeS, MunICIPALITY OF 7 STIRLInG-RAWDOn, TOWnSHIP OF 4 SHARED CORPORATIONS STOne MILLS, TOWnSHIP OF 2 ALeCTRA 30 STRATFORD, CITY OF 7 CATARAQuI ReGIOn COnSeRVATIOn AuTHORITY 1 SunDRIDGe, VILLAGe OF 4 CenTRAL LAke OnTARIO COnSeRVATIOn AuTHORITY 2 COnSeRVATIOn HALTOn 1 TAY VALLeY TOWnSHIP 3 eneRGY + InC. 3 TAY, TOWnSHIP OF 5 eSSex ReGIOn COnSeRVATIOn AuTHORITY 1 TeCuMSeH, TOWn OF 1 GAnARASkA ReGIOn COnSeRVATIOn AuTHORITY 1 TeHkuMMAH, TOWnSHIP OF 8 GRAnD RIVeR COnSeRVATIOn AuTHORITY 1 TeMAGAMI, MunICIPALITY OF 4 GReY SAuBLe COnSeRVATIOn AuTHORITY 2 TeRRACe BAY, TOWnSHIP OF 1 kITCHeneR-WILMOT HYDRO InC. 6 THAMeS CenTRe, MunICIPALITY OF 4 HAMILTOn COnSeRVATIOn AuTHORITY 4 THe BLue MOunTAInS, TOWn OF 9 LAke SIMCOe ReGIOn COnSeRVATIOn AuTHORITY 2 THe nATIOn, MunICIPALITY 5 LAkeFROnT uTILITIeS InC. 2 LAkeHeAD ReGIOn COnSeRVATIOn AuTHORITY 1 THe nORTH SHORe, TOWnSHIP OF 5 LAkeLAnD POWeR 3 THOROLD, CITY OF 3 LOnG POInT ReGIOn COnSeRVATIOn AuTHORITY 2 THunDeR BAY, CITY OF 13 neWMARkeT-TAY POWeR DISTRIBuTIOn LTD. 2 TILLSOnBuRG, TOWn OF 1 nIAGARA PenInSuLA COnSeRVATIOn AuTHORITY 8 TIMMInS, CITY OF 11 nOTTAWASAGA VALLeY COnSeRVATIOn AuTHORITY 2 TInY, TOWnSHIP OF 4 ORAnGeVILLe HYDRO 2 TOROnTO, CITY OF 381 RIDeAu VALLeY COnSeRVATIOn AuTHORITY 1 TRenT HILLS, MunICIPALITY OF 5 SAuGeen VALLeY COnSeRVATIOn AuTHORITY 1 TRenT LAkeS, MunICIPALITY OF 3 ST. CLAIR ReGIOn COnSeRVATIOn AuTHORITY 1 TOROnTO AnD ReGIOn COnSeRVATIOn AuTHORITY 3 TuDOR AnD CASHeL, TOWnSHIP OF 1 VeRIDIAn COnneCTIOnS (VeRIDIAn CORPORATIOn) 4 TWeeD, MunICIPALITY OF 4 CASeS WHeRe nO SHAReD CORPORATIOn WAS SPeCIFIeD 1 TYenDInAGA, TOWnSHIP OF 1 uxBRIDGe, TOWnSHIP OF 2 SHARED LOCAL BOARDS VAuGHAn, CITY OF 29 ALGOMA DISTRICT SeRVICeS ADMInISTRATIOn BOARD 5 WAInFLeeT, TOWnSHIP OF 1 DISTRICT OF COCHRAne SOCIAL SeRVICeS ADMInISTRATIOn 7 WASAGA BeACH, TOWn OF 26 BOARD DISTRICT OF nIPISSInG SOCIAL SeRVICeS ADMInISTRATIOn WATeRLOO, CITY OF 3 5 BOARD WATeRLOO, ReGIOnAL MunICIPALITY OF 16 DISTRICT OF PARRY SOunD SOCIAL SeRVICeS ADMInISTRATIOn 6 WAWA, MunICIPALITY OF 1 BOARD DISTRICT OF SAuLT STe. MARIe SOCIAL SeRVICeS WeLLAnD, CITY OF 11 10 ADMInISTRATIOn BOARD WeLLInGTOn, COunTY OF 7 DISTRICT OF TIMISkAMInG SOCIAL SeRVICeS ADMInISTRATIOn 1 WeST eLGIn, MunICIPALITY OF 1 BOARD WeST GReY, MunICIPALITY OF 3 kenORA DISTRICT SeRVICeS BOARD 2 WeST LInCOLn, TOWnSHIP OF 2 MAnITOuLIn-SuDBuRY DISTRICT SeRVICeS BOARD 4 nIAGARA DISTRICT AIRPORT COMMISSIOn 2 WeST nIPISSInG, MunICIPALITY OF 5 RAInY RIVeR DISTRICT SOCIAL SeRVICeS ADMInISTRATIOn 1 WHITBY, TOWn OF 5 BOARD WHITCHuRCH-STOuFFVILLe, TOWn OF 15 THunDeR BAY SOCIAL SeRVICeS ADMInISTRATIOn BOARD 8 WILMOT, TOWnSHIP OF 1 CASeS WHeRe nO SHAReD LOCAL BOARD WAS SPeCIFIeD 3

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 77 CASES RECEIVED ABOUT SCHOOL BOARDS, 2018-2019 TOTAL: 873

ENGLISH PUBLIC SCHOOL BOARDS HuROn-SuPeRIOR CATHOLIC DISTRICT SCHOOL BOARD 1

ALGOMA DISTRICT SCHOOL BOARD 9 kenORA CATHOLIC DISTRICT SCHOOL BOARD 1

AVOn MAITLAnD DISTRICT SCHOOL BOARD 5 LOnDOn DISTRICT CATHOLIC SCHOOL BOARD 9

BLueWATeR DISTRICT SCHOOL BOARD 4 nIAGARA CATHOLIC DISTRICT SCHOOL BOARD 5

DISTRICT SCHOOL BOARD OF nIAGARA 19 nIPISSInG-PARRY SOunD CATHOLIC DISTRICT SCHOOL BOARD 4

DISTRICT SCHOOL BOARD OnTARIO nORTH eAST 2 nORTHeASTeRn CATHOLIC DISTRICT SCHOOL BOARD 4

DuRHAM DISTRICT SCHOOL BOARD 33 OTTAWA CATHOLIC SCHOOL BOARD 25

GRAnD eRIe DISTRICT SCHOOL BOARD 11 PeTeRBOROuGH VICTORIA nORTHuMBeRLAnD AnD 9 CLARInGTOn CATHOLIC DISTRICT SCHOOL BOARD GReATeR eSSex COunTY DISTRICT SCHOOL BOARD 24 RenFReW COunTY CATHOLIC DISTRICT SCHOOL BOARD 5 HALTOn DISTRICT SCHOOL BOARD 29 SIMCOe MuSkOkA CATHOLIC DISTRICT SCHOOL BOARD 8 HAMILTOn-WenTWORTH DISTRICT SCHOOL BOARD 20 ST CLAIR CATHOLIC DISTRICT SCHOOL BOARD 3 HASTInGS & PRInCe eDWARD DISTRICT SCHOOL BOARD 6 SuPeRIOR nORTH CATHOLIC DISTRICT SCHOOL BOARD 1 kAWARTHA PIne RIDGe DISTRICT SCHOOL BOARD 4 THunDeR BAY CATHOLIC DISTRICT SCHOOL BOARD 4 LAkeHeAD DISTRICT SCHOOL BOARD 6 TOROnTO CATHOLIC DISTRICT SCHOOL BOARD 58 LAMBTOn kenT DISTRICT SCHOOL BOARD 3 WATeRLOO CATHOLIC DISTRICT SCHOOL BOARD 5 LIMeSTOne DISTRICT SCHOOL BOARD 16 WeLLInGTOn CATHOLIC DISTRICT SCHOOL BOARD 2 neAR nORTH DISTRICT SCHOOL BOARD 8 WInDSOR-eSSex CATHOLIC DISTRICT SCHOOL BOARD 5 OTTAWA-CARLeTOn DISTRICT SCHOOL BOARD 74 YORk CATHOLIC DISTRICT SCHOOL BOARD 11 PeeL DISTRICT SCHOOL BOARD 42 TOTAL 219 RAInBOW DISTRICT SCHOOL BOARD 21

RAInY RIVeR DISTRICT SCHOOL BOARD 2 FRENCH CATHOLIC SCHOOL BOARDS RenFReW COunTY DISTRICT SCHOOL BOARD 5 COnSeIL DeS éCOLeS CATHOLIQueS Du CenTRe-eST 7 SIMCOe COunTY DISTRICT SCHOOL BOARD 23 COnSeIL SCOLAIRe CATHOLIQue Du nOuVeL-OnTARIO 1 THAMeS VALLeY DISTRICT SCHOOL BOARD 32 COnSeIL SCOLAIRe CATHOLIQue FRAnCO-nORD 2 TOROnTO DISTRICT SCHOOL BOARD 111 COnSeIL SCOLAIRe CATHOLIQue MOnAVenIR 9 TRILLIuM LAkeLAnDS DISTRICT SCHOOL BOARD 12 COnSeIL SCOLAIRe CATHOLIQue PROVIDenCe 1 uPPeR CAnADA DISTRICT SCHOOL BOARD 12 COnSeIL SCOLAIRe De DISTRICT CATHOLIQue De L'eST OnTARIen 5 uPPeR GRAnD DISTRICT SCHOOL BOARD 9 COnSeIL SCOLAIRe De DISTRICT CATHOLIQue DeS AuROReS WATeRLOO ReGIOn DISTRICT SCHOOL BOARD 10 1 BORéALeS YORk ReGIOn DISTRICT SCHOOL BOARD 27 TOTAL 26 TOTAL 579

FRENCH PUBLIC SCHOOL BOARDS ENGLISH CATHOLIC SCHOOL BOARDS COnSeIL DeS éCOLeS PuBLIQueS De L'eST De L'OnTARIO 3 ALGOnQuIn AnD LAkeSHORe CATHOLIC DISTRICT SCHOOL 5 BOARD COnSeIL SCOLAIRe PuBLIC Du nORD-eST De L'OnTARIO 1

BRAnT HALDIMAnD nORFOLk CATHOLIC DISTRICT SCHOOL COnSeIL SCOLAIRe VIAMOnDe 9 4 BOARD TOTAL 13 BRuCe-GReY CATHOLIC DISTRICT SCHOOL BOARD 1

CATHOLIC DISTRICT SCHOOL BOARD OF eASTeRn OnTARIO 4 SCHOOL AUTHORITIES DuFFeRIn-PeeL CATHOLIC DISTRICT SCHOOL BOARD 18 PROTeSTAnT SePARATe SCHOOL BOARD OF THe TOWn OF 1 DuRHAM CATHOLIC DISTRICT SCHOOL BOARD 3 PeneTAnGuISHene

HALTOn CATHOLIC DISTRICT SCHOOL BOARD 9 CASeS WHeRe nO SCHOOL AuTHORITY WAS SPeCIFIeD 1

HAMILTOn-WenTWORTH CATHOLIC DISTRICT SCHOOL BOARD 14

HuROn-PeRTH CATHOLIC DISTRICT SCHOOL BOARD 1 CASES WHERE NO SCHOOL BOARD WAS SPECIFIED 34

Note: Boards that were not the subject of any cases are not listed.

78 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario CASES RECEIVED ABOUT COLLEGES OF APPLIED ARTS AND TECHNOLOGY, 2018-2019* TOTAL: 234

ALGOnQuIn COLLeGe 11 CAMBRIAn COLLeGe 2 CAnADORe COLLeGe 8 CenTennIAL COLLeGe 17 COLLèGe BORéAL 1 COneSTOGA COLLeGe 14 COnFeDeRATIOn COLLeGe 1 DuRHAM COLLeGe 9 FAnSHAWe COLLeGe 8 FLeMInG COLLeGe (SIR SAnDFORD FLeMInG COLLeGe) 9 GeORGe BROWn COLLeGe 26 GeORGIAn COLLeGe 6 HuMBeR COLLeGe 29 LA CITé COLLéGIALe 5 LAMBTOn COLLeGe 4 LOYALIST COLLeGe 1 MOHAWk COLLeGe 21 nIAGARA COLLeGe CAnADA 4 nORTHeRn COLLeGe 9 SAuLT COLLeGe 5 SeneCA COLLeGe 13 SHeRIDAn COLLeGe 13 ST. CLAIR COLLeGe 7 ST. LAWRenCe COLLeGe 8 CASeS WHeRe nO COLLeGe WAS SPeCIFIeD 3

Note: Colleges that were not the subject of any cases are not listed.

CASES RECEIVED ABOUT UNIVERSITIES, 2018-2019 TOTAL: 282

ALGOMA unIVeRSITY 2 BROCk unIVeRSITY 12 CARLeTOn unIVeRSITY 10 LAkeHeAD unIVeRSITY 5 LAuRenTIAn unIVeRSITY 12 MCMASTeR unIVeRSITY 15 nIPISSInG unIVeRSITY 9 OCAD unIVeRSITY 9 Queen’S unIVeRSITY 11 RYeRSOn unIVeRSITY 13 TRenT unIVeRSITY 2 unIVeRSITé De HeARST 1 unIVeRSITY OF GueLPH 17 unIVeRSITY OF OnTARIO InSTITuTe OF TeCHnOLOGY 6 unIVeRSITY OF OTTAWA 13 unIVeRSITY OF TOROnTO 35 unIVeRSITY OF WATeRLOO 21 unIVeRSITY OF WInDSOR 14 WeSTeRn unIVeRSITY 10 WILFRID LAuRIeR unIVeRSITY 9 YORk unIVeRSITY 50 CASeS WHeRe nO unIVeRSITY WAS SPeCIFIeD 6

Note: Universities that were not the subject of any cases are not listed.

2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario 79 CASES RECEIVED ABOUT CLOSED MUNICIPAL MEETINGS, 2018-2019 TOTAL: 155

CASeS ABOuT MunICIPALITIeS WHeRe OMBuDSMAn IS THe InVeSTIGATOR 133

CASeS ABOuT MunICIPALITIeS WHeRe AnOTHeR InVeSTIGATOR HAS Been APPOInTeD 22 CASES RECEIVED ABOUT CLOSED MUNICIPAL MEETINGS, 2018-2019

SUMMARY OF COMPLETED INVESTIGATIONS

MEETINGS & ILLEGAL PROCEDURAL BEST PRACTICES MUNICIPALITY GATHERINGS MEETINGS VIOLATIONS FOUND SUGGESTED REVIEWED

AMHeRSTBuRG, TOWn OF 2 1 0 1 CALLAnDeR, MunICIPALITY OF 7 0 1 2 CARLeTOn PLACe, TOWn OF 1 0 0 0 CASSeLMAn, VILLAGe OF 4 0 2 4 DeeP RIVeR, TOWn OF 2 0 0 1 FORT eRIe, TOWn OF 2 2 1 0 FROnT OF YOnGe, TOWnSHIP OF 1 0 0 1 HAMILTOn, CITY OF 4 2 1 2 nORTHeRn BRuCe PenInSuLA, MunICIPALITY OF 1 1 0 1 OWen SOunD DOWnTOWn IMPROVeMenT AReA 5 1 0 1 PeLHAM, TOWn OF 2 0 0 3 PeTROLIA, TOWn OF 3 1 1 5 RuSSeLL, TOWnSHIP OF 2 0 1 2 ST. CATHARIneS, CITY OF 1 1 2 0 TeHkuMMAH, TOWnSHIP OF 6 2 6 5 THe nORTH SHORe, TOWnSHIP OF 3 1 3 5

FINANCIAL SUMMARY

(IN THOUSANDS) Our Offce’s budget for the fscal year 2018-2019 OPERATING EXPENSES: was $20.18 million. SALARIeS & WAGeS 9,562 Our unaudited actual eMPLOYee BeneFITS 2,090 expenditures were COMMunICATIOn & TRAnSPORTATIOn 271 $15.30 million, with SeRVICeS 2,417 continued spending towards SuPPLIeS & eQuIPMenT 2,039 our ongoing expansion as TOTAL ANNUAL OPERATING EXPENSES 16,379 well as additional outreach. LeSS: ReCOVeRIeS 1,079 All unspent funds, and other recoveries were returned to NET EXPENDITURES $15,300 the government.

80 2018-2019 ANNUAL REPORT • Office of the Ombudsman of Ontario u On the cover: The icons represent the many areas of the public sector where we helped Ontarians in 2018-2019 (Social Services, Law & Order, Education, Municipalities, etc.), and the two new areas added to our jurisdiction as we “turn the page” into 2019-2020: Children & Youth, and French Language Services.

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