13.2 (1) Subject to any prescribed limitations with respect to time, a patient or a former patient of a health sector organization, a caregiver of a patient or former patient, and any other prescribed person, may make a complaint in writing to the patient ombudsman about actions or inactions of a health sector organization that relate, (a) in the case of a patient or former patient, to the care and health care experience of the patient or former patient; (b) in the case of a caregiver, to the care and health care experience of the patient or former patient to whom the caregiver provides or provided care; or (c) in the case of another prescribed person, to the care and health care experience of another person provided for in the regulations. 2014, c. 13, Sched. 5, s. 4; 2016, c. 30, s. 37 (11). Facilitated resolution (2) The patient ombudsman shall work with the patient,  former patient, caregiver or other prescribed person, the health sector organization and, when appropriate, the relevant local health integration network, to attempt to facilitate a resolution of a complaint made under subsection (1) unless, in the opinion of the patient ombudsman, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 13.2 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2023, c. 19, Sched. 2, s. 19 (6)) Facilitated resolution (2) The patient ombudsman shall work with the patient, former patient, caregiver or other prescribed person and the health sector organization to attempt to facilitate a resolution of a complaint made under subsection (1) unless, in the opinion of the patient ombudsman, (a) the complaint relates to a matter that is within the jurisdiction of another person or body or is the subject of a proceeding; (b) the subject matter of the complaint is trivial; (c) the complaint is frivolous or vexatious; (d) the complaint is not made in good faith; (e) the patient, former patient, caregiver or other prescribed person has not sought to resolve the complaint directly with the health sector organization; or (f) the patient, former patient, caregiver or other prescribed person does not have a sufficient personal interest in the subject matter of the complaint. 2014, c. 13, Sched. 5, s. 4. Referral to appropriate body (3) Where the complaint relates to a matter that is within the jurisdiction of another person or body, the patient ombudsman shall refer the patient, former patient, caregiver or other prescribed person to that person or body. 2014, c. 13, Sched. 5, s. 4. Patient to be informed (4) In any case where the patient ombudsman determines that he or she will not attempt to facilitate a resolution of a complaint in accordance with subsection (2), the patient ombudsman shall inform the patient, former patient, caregiver or other prescribed person in writing of that determination and state the reasons for that determination. 2014, c. 13, Sched. 5, s. 4. “Proceeding” (5) For the purposes of this section and section 13.3, “proceeding” includes a proceeding held in, before or under the rules of a court, a tribunal, a commission, a justice of the peace, a coroner, a committee of a College within the meaning of the Regulated Health Professions Act, 1991, a committee of the Board of Regents continued under the Drugless Practitioners Act, a committee of the Ontario College of Social Workers and Social Service Workers under the Social Work and Social Service Work Act, 1998, an arbitrator or a mediator. 2014, c. 13, Sched. 5, s. 4. Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “proceeding” in subsection 13.2 (5) of the Act is repealed and the following substituted: (See: 2021, c. 27, Sched. 2, s. 65) “proceeding” includes a proceeding held in, before or under the rules of a court, a tribunal, a commission, a justice of the peace, a coroner, a committee of a College within the meaning of the Regulated Health Professions Act, 1991, a committee of the Board of Regents continued under the Drugless Practitioners Act, a committee of the Ontario College of Social Workers and Social Service Workers under the Social Work and Social Service Work Act, 1998, a committee of the Authority within the meaning of the Health and Supportive Care Providers Oversight Authority Act, 2021, an arbitrator or a mediator. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 5, s. 4 - 01/07/2016 2016, c. 30, s. 37 (11)
- 08/12/2016 2021, c. 27, Sched. 2, s. 65 - not in force 2023, c. 19, Sched. 2, s. 19 (6) - not in force