8.4 (1) Any person may make a complaint to the complaints committee about a coroner, a pathologist or a person, other than a coroner or pathologist, with powers or duties under section 28.  2009, c. 15, s. 4. Form of complaint (2) The complaint must be in writing.  2009, c. 15, s. 4. Matters that may not be the subject of a complaint (3) A complaint about the following matters shall not be dealt with under this section: 1.  A coroner’s decision to hold an inquest or to not hold an inquest. 2.  A coroner’s decision respecting the scheduling of an inquest. 3.  A coroner’s decision relating to the conduct of an inquest, including a decision made while presiding at the inquest.  2009, c. 15, s. 4. Complaints about coroners (4) Subject to subsection (8), the complaints committee shall refer every complaint about a coroner, other than the Chief Coroner, to the Chief Coroner and the Chief Coroner shall review every such complaint.  2009, c. 15, s. 4. Complaints about pathologists (5) Subject to subsection (8), the complaints committee shall refer every complaint about a pathologist, other than the Chief Forensic Pathologist, to the Chief Forensic Pathologist and the Chief Forensic Pathologist shall review every such complaint.  2009, c. 15, s. 4. Complaints about Chiefs (6) Subject to subsection (8), the complaints committee shall review every complaint made about the Chief Coroner or the Chief Forensic Pathologist.  2009, c. 15, s. 4. Referral to other persons or bodies (7) The complaints committee shall refer every complaint about a person, other than a coroner or pathologist, with powers or duties under section 28 to a person or organization that has power to deal with the complaint and that the committee considers is the appropriate person or organization to deal with the complaint.  2009, c. 15, s. 4. Same (8) If the complaints committee is of the opinion that a complaint about a coroner or pathologist is more appropriately dealt with by the College of Physicians and Surgeons of Ontario or another person or organization that has power to deal with the complaint, the complaints committee shall refer the complaint to the College or that other person or organization.  2009, c. 15, s. 4. Notice of referral (9) If the complaints committee refers a complaint to the College of Physicians and Surgeons of Ontario or another person or organization under subsection (8), the committee shall promptly give notice in writing to the complainant, the coroner or pathologist who is the subject of the complaint, and the Oversight Council.  2009, c. 15, s. 4. Refusal to review a complaint (10) Despite subsections (4) and (5), the Chief Coroner and the Chief Forensic Pathologist may refuse to review a complaint referred to him or her if, in his or her opinion, (a)  the complaint is trivial or vexatious or not made in good faith; (b)  the complaint does not relate to a power or duty of a coroner or a pathologist under this Act; or (c)  the complainant was not directly affected by the exercise or performance of, or the failure to exercise or perform, the power or duty to which the complaint relates.  2009, c. 15, s. 4. Same (11) Despite subsection (6), the complaints committee may refuse to review a complaint if, in its opinion, (a)  the complaint is trivial or vexatious or not made in good faith; (b)  the complaint does not relate to a power or duty of the Chief Coroner or the Chief Forensic Pathologist; or (c)  the complainant was not directly affected by the exercise or performance of, or the failure to exercise or perform, the power or duty to which the complaint relates.  2009, c. 15, s. 4. Reports after review or decision to not review (12) The Chief Coroner and the Chief Forensic Pathologist shall, promptly after completing his or her review of a complaint referred to him or her or deciding to not review the complaint, report in writing to the complainant, the person who is the subject of the complaint and the complaints committee on the results of the review or the decision to not review the complaint, as the case may be.  2009, c. 15, s. 4. Same (13) The complaints committee shall, promptly after completing its review of a complaint or deciding to not review the complaint, report in writing to the complainant, the person who is the subject of the complaint, the Oversight Council and the Minister on the results of the review or the decision to not review the complaint, as the case may be.  2009, c. 15, s. 4. Request for review by complaints committee (14) If a complaint is made about a coroner or pathologist, other than the Chief Coroner or the Chief Forensic Pathologist, and the complainant or the coroner or pathologist who is the subject of the complaint is not satisfied with the results of the review of the complaint or the decision to not review the complaint by the Chief Coroner or the Chief Forensic Pathologist, he or she may request in writing that the complaints committee review the complaint and the complaints committee shall review the complaint and shall, promptly after completing its review or deciding to not review the complaint, report in writing to the complainant, the person who is the subject of the complaint and the Chief Coroner or the Chief Forensic Pathologist, as appropriate, on the results of the review or the decision to not review the complaint, as the case may be.  2009, c. 15, s. 4. Refusal to review a complaint on request (15) The complaints committee may refuse to review a complaint pursuant to a request made under subsection (14) if, in its opinion, (a)  the complaint is trivial or vexatious or not made in good faith; (b)  the complaint does not relate to a power or duty of a coroner or a pathologist under this Act; or (c)  the complainant was not directly affected by the exercise or performance of, or the failure to exercise or perform, the power or duty to which the complaint relates.  2009, c. 15, s. 4. Annual reports to Oversight Council (16) The complaints committee shall submit an annual report on its activities to the Oversight Council at the end of each calendar year.  2009, c. 15, s. 4. Additional reports (17) The Oversight Council may request additional reports from the complaints committee on its activities or on a specific complaint or complaints about a specific person at any time and the complaints committee shall submit such reports as requested and may also submit additional reports as described at any time on its own initiative.  2009, c. 15, s. 4. Section Amendments with date in force (d/m/y) 2009, c. 15, s. 4
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