O. Reg. 273/08: Adoption Information Disclosure

 

ontario regulation 273/08

made under the

Child and Family services Act

Made: July 23, 2008
Filed: July 30, 2008
Published on e-Laws: July 31, 2008
Printed in The Ontario Gazette: August 16, 2008

Amending O. Reg. 464/07

(Adoption Information Disclosure)

1. (1) The definition of “CFSRB custodian” in section 1 of Ontario Regulation 464/07 is revoked.

(2) Section 1 of the Regulation is amended by adding the following definition:

“former adoptive parent” means, with respect to a person who was adopted more than once, a person named as an adoptive parent in an order, decree or judgment relating to the adopted person other than the most recent order, decree or judgment;

(3) Clause (a) of the definition of “non-identifying information” in section 1 of the Regulation is amended by striking out “or” at the end of subclause (i), by adding “or” at the end of subclause (ii) and by adding the following subclause:

(iii) in the case of an adopted person who was adopted more than once, the adopted person’s former adoptive parents and former adoptive family,

(4) The definition of “ORG custodian” in section 1 of the Regulation is revoked.

2. Part I of the Regulation is amended by adding the following section:

Disclosure under this Act and Vital Statistics Act

2.1 (1) This Regulation sets out circumstances in which certain information relating to adoptions may be disclosed to specified individuals or entities.  Disclosure under this Regulation is authorized in addition to any disclosure of information relating to adoptions that may be authorized under the Vital Statistics Act.

(2) Any disclosure of information relating to adoptions authorized under this Regulation applies despite any notice or disclosure veto in effect under section 48.3, 48.4 or 48.5 of the Vital Statistics Act that may prevent or affect disclosure of information relating to adoptions under that Act.

3. Paragraphs 2 and 3 of subsection 3 (1) of the Regulation are revoked.

4. Section 5 of the Regulation is revoked.

5. The heading to Part III of the Regulation is revoked and the following substituted:

Part III
Disclosure of information to adopted persons, birth parents and other individuals

6. Subsection 8 (3) of the Regulation is revoked.

7. Section 15 of the Regulation is revoked.

8. Section 19 of the Regulation is revoked and the following substituted:

Request for information under Vital Statistics Act

19. (1) If the MCSS custodian conducts a search under section 16 for a person who is an adopted person or a birth parent as defined in section 1 of the Vital Statistics Act, the MCSS custodian shall request that the Registrar General provide the following information with respect to that person:

1. Information as to whether any of the following documents submitted by the person under the Vital Statistics Act were registered under that Act and, if so, the date they were registered under that Act and whether or not they are still in effect:

i. A notice submitted under section 48.3 of the Vital Statistics Act specifying the person’s preferences as to how to be contacted by a birth parent or adopted person, as the case may be, who receives information under section 48.1 or 48.2 of that Act.

ii. A notice submitted under section 48.4 of the Vital Statistics Act specifying that the person does not wish to be contacted by a birth parent or adopted person, as the case may be, who receives information under section 48.1 or 48.2 of that Act.

iii. A disclosure veto submitted by the person under section 48.5 of the Vital Statistics Act to prevent disclosure of information under section 48.1 or 48.2 of that Act.

2. If a document referred to in paragraph 1 was registered under the Vital Statistics Act and is no longer in effect, the date it ceased to be in effect and the reason it ceased to be in effect.

3. If a notice submitted under section 48.3 of the Vital Statistics Act is in effect, information contained in the notice about the manner in which the person would prefer to be contacted.

4. The name, address and any other contact information of the person who is the object of the search that is contained in any of the documents referred to in paragraph 1.

(2) If the Registrar General receives a request under subsection (1), he or she shall provide any requested information that is in his or her possession to the MCSS custodian.

(3) If the MCSS custodian is informed by the Registrar General that a document described in paragraph 1 of subsection (1) was registered under the Vital Statistics Act, the MCSS custodian shall, upon locating the person who is the object of a search under section 16 and advising him or her of the reasons for the search and the rules relating to disclosure under section 21, inform the located person that he or she is aware of the document.

9. Subsection 21 (4) of the Regulation is amended by striking out “of that fact” at the end and substituting “of that fact, of the date of the death and of the age of the deceased at the time of his or her death”.

10. Part III of the Regulation is amended by adding the following section:

Person Adopted more than Once

Multiple adoptions of one person

21.2 (1) If a person has been adopted more than once,

(a) this Part also applies with necessary modifications to the person’s former adoptive parents as though they were the person’s birth parents, subject to subsection (2);

(b) this Part also applies with necessary modifications to the parents of the person’s former adoptive parents as though they were the person’s birth grandparents;

(c) this Part also applies with necessary modifications to any children of the person’s former adoptive parents as though they were the person’s birth siblings;

(d) sections 11 to 14 also apply with necessary modifications to the siblings of the person’s former adoptive parents as though they were the siblings of the person’s birth parents; and

(e) sections 16 to 21 also apply with necessary modifications to any other family members of the person’s former adoptive parents as though they were the person’s birth family members.

(2) Section 21.1 applies where an adopted person has been adopted more than once, subject to the following modifications:

1. A current adoptive parent may apply only for a copy of the adoption order in which he or she is named as the adoptive parent.

2. A former adoptive parent may apply only for a copy of the adoption order in which he or she is named as the adoptive parent.

3. For the purposes of subsection 21.1 (5), the MCSS custodian shall delete any information that may reveal the identity of a birth parent or of any former adoptive parent, as the case may be, from the copy of the adoption order and provide the redacted copy to the person who made the request.

11. Subsection 23 (2) of the Regulation is revoked and the following substituted:

(2) Despite subsection (1), before providing a copy of an adoption order or information, the MCSS custodian shall delete the following information from the order or the information being provided:

1. In the case of a request made by the Public Guardian and Trustee or an estate trustee on behalf of a birth family member, information that may reveal the identity of the adopted person.

2. In the case of a request made by the Public Guardian and Trustee or an estate trustee on behalf of an adopted person, information that may reveal the identity of a birth parent.

3. In the case of an adopted person who was adopted more than once,

i. if the Public Guardian and Trustee or an estate trustee makes the request on behalf of a birth family member, information that may reveal the identity of the adopted person or of a former adoptive parent,

ii. if the Public Guardian and Trustee or an estate trustee makes the request on behalf of a former adoptive parent or a member of the former adoptive parent’s family, information that may reveal the identity of the birth parent or of the adopted person, and

iii. if the Public Guardian and Trustee or an estate trustee makes the request on behalf of the adopted person, information that may reveal the identity of a birth parent or former adoptive parent.

12. Subsection 24 (3) of the Regulation is revoked and the following substituted:

(3) In disclosing information under subsection (1), the MCSS custodian may disclose any information relating to the adoption that the MCSS custodian has in his or her possession or has obtained in accordance with section 25, including the name, address and telephone number of any of the following persons specified by the governmental department or authority:

1. An adopted person, his or her son or daughter or other descendant.

2. A birth parent, birth grandparent, birth sibling or other birth family member.

3. If the adopted person was adopted more than once, a former adoptive parent or a member of the former adoptive parent’s family.

13. Paragraphs 1 and 2 of subsection 25 (3) of the Regulation are revoked and the following substituted:

1. Information relating to the birth and death and any change of name or marriage of the following persons:

i. the adopted person,

ii. the adopted person’s birth parents, birth grandparents, birth siblings or other birth family members, and

iii. the adopted person’s former adoptive parents, if any.

2. Information relating to the adoption of the adopted person and the adoption, if any, of his or her birth siblings.

14. Sections 27 and 28 of the Regulation are revoked.

15. Subsection 29 (1) of the Regulation is revoked and the following substituted:

Disclosure when making requests for information

(1) This section applies where a request for information relating to an adoption is made by the MCSS custodian under section 25.

16. (1) Subsection 32 (1) of the Regulation is amended by striking out “or under section 48.9 of the Vital Statistics Act” in the portion before clause (a).

(2) Subsection 32 (2) of the Regulation is amended by striking out “or under section 48.9 of the Vital Statistics Act” in the portion before paragraph 1.

(3) Subsection 32 (3) of the Regulation is amended by striking out “or the Vital Statistics Act” at the end.

17. Sections 35 and 36 of the Regulation are revoked.

18. This Regulation comes into force on the day it is filed.