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O. Reg. 308/24: GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL
filed July 29, 2024 under Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1
Skip to contentontario regulation 308/24
made under the
Child, Youth and Family Services Act, 2017
Made: July 25, 2024
Filed: July 29, 2024
Published on e-Laws: July 29, 2024
Published in The Ontario Gazette: August 17, 2024
Amending O. Reg. 155/18
(GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL)
1. (1) Sections 116 and 117 of Ontario Regulation 155/18 are revoked and the following substituted:
Police Record Checks
Application
116. Sections 117 to 131 do not apply with respect to a person receiving a subsidy under section 71 of the Act to provide customary care to a First Nations, Inuk or Métis child.
Interpretation
117. (1) In this section and sections 118 to 131,
“adoption practitioner” means a person who, for the purposes of providing services to those seeking to adopt through a licensee pursuant to Part VIII of the Act,
(a) visits the home of a prospective adoptive parent in order to make or prepare a report of an adoption homestudy, and
(b) supervises adoption placements and prepares reports respecting a child’s adjustment; (“intervenant en adoption”)
“offence declaration” means a declaration that meets the requirements set out in subsection 128 (1); (“déclaration d’infraction”)
“police record check” means a vulnerable sector check or a broad record check. (“vérification du dossier de police”)
(2) For the purposes of this section and sections 118 to 131, a person has a professional affiliation with a service provider if the person,
(a) is an employee of the service provider, including an employee appointed under Part III of the Public Service of Ontario Act, 2006;
(b) volunteers with the service provider;
(c) is under contract with the service provider to provide goods or services that relate to the provision of a service or provides goods or services under that contract;
(d) is a member of the service provider’s board of directors, in the case of a service provider that is a corporation; or
(e) is a student on a placement with the service provider.
(3) For the purposes of this section and sections 118 to 131, a person is a prospective adoptive parent if the person applies to adopt a child through the services of a licensee or society by making an application to the court to make an order under clause 199 (1) (a) of the Act.
(4) For the purposes of this section and sections 118 to 131, a person is an adoptive applicant if the person,
(a) applies to adopt a child, who has been placed for adoption by a person other than a licensee or society, by making an application to the court to make an order under clause 199 (1) (b) of the Act; and
(b) has resided with the child for at least two years.
(5) For the purposes of this section and sections 118 to 131, a person is a relative adoptive applicant if the person,
(a) applies to adopt a child by making an application to the court to make an order under subsection 199 (2) of the Act; and
(b) is a relative, parent or spouse of the parent of the child.
(6) For the purposes of this section and sections 118 to 131, a foster parent is a person who is a foster parent pursuant to the definition of “foster care” in subsection 2 (1) of the Act, including a foster parent who provides residential care to a child awaiting adoption placement.
Contents and rules re vulnerable sector checks
118. A vulnerable sector check in respect of a person is deemed to be a vulnerable sector check referred to in paragraph 3 of subsection 8 (1) of the Police Record Checks Reform Act, 2015 and shall include the information that is authorized to be disclosed in a vulnerable sector check pursuant to the Table to that Act.
Contents and rules re broad record checks
119. (1) A broad record check in respect of a person shall include written information prepared by a police record check provider, within the meaning of the Police Record Checks Reform Act, 2015, based on information available to the police record check provider at the time the check is prepared respecting the particulars of,
(a) every criminal offence of which the person has been convicted, except in respect of which a pardon has been issued or granted under the Criminal Records Act (Canada);
(b) despite clause (a), any conviction for which a pardon has been granted where disclosure is authorized under the Criminal Records Act (Canada);
(c) every criminal offence of which the person has been found guilty and has been discharged, except an offence in respect of which the Criminal Records Act (Canada) requires that the record be purged;
(d) every finding of guilt under the Youth Criminal Justice Act (Canada) in respect of the person during the applicable period of access under that Act;
(e) every outstanding order of a judge or justice of the peace made against the person in respect of a criminal matter, including a probation order, prohibition order or warrant;
(f) every outstanding restraining order made against the person under section 35 of the Children’s Law Reform Act, section 46 of the Family Law Act or section 137 of the Child, Youth and Family Services Act, 2017, or any predecessors of those sections;
(g) every outstanding criminal charge against the person;
(h) every criminal charge against the person that,
(i) resulted in a finding of not criminally responsible on account of mental disorder,
(ii) resulted in a stay of proceedings,
(iii) was dismissed by the court, or
(iv) was withdrawn by the Crown;
(i) every contact between the person and a police service for which the police service has a written record, unless,
(i) disclosing the information could reasonably be expected to interfere with a law enforcement matter,
(ii) a police service has not made the person aware of the contact,
(iii) the person was a minor at the time of the contact, or
(iv) the information is not relevant to the person’s suitability to perform caregiving duties for a child or to reside in a place where a child is residing and receiving care; and
(j) every contact between the person and a police force or service in relation to actions taken against the person under the Mental Health Act because of a determination under that Act that the person was suffering, or apparently suffering, from a mental disorder of a nature or quality that would likely result in serious bodily harm to the person or to another person or in serious physical impairment of the person.
(2) For greater certainty, nothing in this Regulation permits or requires the disclosure of information if the disclosure is prohibited under the Criminal Code (Canada), the Criminal Records Act (Canada), the Youth Criminal Justice Act (Canada) or any other law of Canada.
Vulnerable sector checks
120. A person referred to in Column 1 of the Table to this section shall, if they are 18 or older, provide a vulnerable sector check to the recipient set out opposite in Column 2 at the time set out opposite in Column 3 and in accordance with sections 117 to 131.
Table
Vulnerable Sector Checks
Item |
Column 1 |
Column 2 |
Column 3 |
1. |
An adoption practitioner |
Director |
In accordance with subsection 122 (1) |
2. |
A person applying to be approved by a Director as an adoption practitioner |
Director |
In accordance with subsection 122 (4) |
3. |
A person who is undergoing training to become an adoption practitioner |
Director |
In accordance with subsections 122 (5) and (1) |
4. |
A counsellor to whom a society or licensee refers a parent, as defined in subsection 180 (1) of the Act, when ensuring counselling is made available pursuant to the Act |
The society or licensee acting as the adoption agency |
In accordance with subsections 122 (1) and (6) |
5. |
A facilitator of alternative dispute resolution for the purposes of section 17 of the Act who is on the provincial roster managed by the Ontario Association for Family Mediation |
The Ontario Association for Family Mediation |
In accordance with subsection 122 (1) |
6. |
A facilitator of alternative dispute resolution for the purposes of section 17 of the Act who is on the provincial roster managed by the George Hull Centre for Children and Families |
The George Hull Centre for Children and Families |
In accordance with subsection 122 (1) |
7. |
A facilitator of alternative dispute resolution for the purposes of section 17 of the Act, other than a person referred to in item 5 or 6 |
The society or community agency that is their employer |
In accordance with subsection 122 (1) |
8. |
A person who seeks to be a facilitator of alternative dispute resolution referred to in item 5, 6 or 7 |
The Ontario Association for Family Mediation, the George Hull Centre for Children and Families or the society or community agency that would be their employer, as the case may be |
In accordance with subsection 122 (7) |
9. |
A student, volunteer or employee of the Child and Parent Resource Institute, other than a person referred to in item 30 of the Table to section 121 of this Regulation |
The Minister |
In accordance with subsection 122 (1) |
10. |
A person appointed as program supervisor under subsection 53 (2) of the Act |
The Minister |
In accordance with subsection 122 (1) |
11. |
A person appointed as an inspector under section 273 of the Act, who as a part of their functions as an inspector may interact, without supervision, with a child or young person receiving a service provided by a service provider |
The Minister |
In accordance with subsection 122 (1) |
12. |
A person seeking a position referred to in item 9, 10 or 11 |
The Minister |
In accordance with subsection 122 (8) |
13. |
Unless required to provide a broad record check under section 121 of this Regulation, a person who has a professional affiliation with a service provider and because of such professional affiliation may interact, without supervision, with a child or young person receiving a service provided by the service provider |
Service provider |
In accordance with subsections 122 (1) and (2) |
14. |
Unless required to provide a broad record check under section 121 of this Regulation, a person seeking a professional affiliation referred to in item 13 |
Service Provider |
In accordance with subsection 122 (9) |
Broad record checks
121. A person referred to in Column 1 of the Table to this section shall, if they are 18 or older, provide a broad record check to the recipient set out opposite in Column 2 at the time set out opposite in Column 3 and in accordance with sections 117 to 131.
Table
Broad Record Checks
Item |
Column 1 |
Column 2 |
Column 3 |
1. |
A person who holds a licence under Part VIII of the Act to place children for adoption |
Director |
In accordance with subsection 122 (1) |
2. |
A person applying for a licence under Part VIII of the Act to place children for adoption |
Director |
In accordance with subsection 122 (4) |
3. |
The officers and directors of a corporation that holds a licence under Part VIII of the Act to place children for adoption |
Director |
In accordance with subsections 122 (1) and (10) |
4. |
The officers and directors of a corporation applying for a licence under Part VIII of the Act to place children for adoption |
Director |
In accordance with subsection 122 (4) |
5. |
A person who holds a licence under Part IX of the Act to operate a children’s residence or to provide residential care, directly or indirectly, in places that are not children’s residences |
Director |
In accordance with subsection 122 (1) |
6. |
A person applying for a licence under Part IX of the Act to operate a children’s residence or to provide residential care, directly or indirectly, in places that are not children’s residences |
Director |
In accordance with subsection 122 (4) |
7. |
A person who holds a position, including a position as an employee, volunteer or student, in the course of which the person provides care directly to a child or young person receiving residential care from a licensee under Part IX of the Act |
Service provider |
In accordance with subsection 122 (1) |
8. |
The officers and directors of a corporation applying for a licence under Part IX of the Act to operate a children’s residence or to provide residential care, directly or indirectly, in places that are not children’s residences |
Director |
In accordance with subsection 122 (4) |
9. |
The officers and directors of a corporation that holds a licence under Part IX of the Act to operate a children’s residence or to provide residential care, directly or indirectly, in places that are not children’s residences |
Director |
In accordance with subsections 122 (1) and (10) |
10. |
A person who seeks a position, including as an employee, volunteer or student, in the course of which the person would provide care directly to a child or young person receiving residential care from a licensee under Part IX of the Act |
Service provider |
In accordance with subsection 122 (9) |
11. |
A prospective adoptive parent seeking to adopt a child through a licensee |
Adoption practitioner |
In accordance with subsection 122 (11) |
12. |
A person who resides with a person referred to in item 11 |
Adoption practitioner |
In accordance with subsections 122 (11) and (2) or (3) as the case may be |
13. |
A prospective adoptive parent seeking to adopt a child through a society |
The society or adoption practitioner conducting the home study assessment |
In accordance with subsection 122 (11) |
14. |
A person who resides with a person referred to in item 13 |
The society or adoption practitioner conducting the home study assessment |
In accordance with subsections 122 (11) and (2) or (3) as the case may be |
15. |
A foster parent |
Service provider |
In accordance with subsection 122 (1) |
16. |
A person who resides with a foster parent |
Service provider |
In accordance with subsections 122 (1) and (2) or (3) as the case may be |
17. |
A person who seeks to be a foster parent |
Service provider |
In accordance with subsection 122 (9) |
18. |
A person who resides with a person who seeks to be a foster parent |
Service provider |
In accordance with subsections 122 (9) and (2) or (3) as the case may be |
19. |
An adoptive applicant |
Adoption practitioner |
In accordance with subsection 122 (12) |
20. |
A person who resides with a person referred to in item 19 |
Adoption practitioner |
In accordance with subsection 122 (12) |
21. |
A person who is or seeks to be the primary caregiver for a child in a home that is a place of safety under subsection 74 (4) of the Act |
The society |
In accordance with subsection 122 (13) |
22. |
A person who resides with a person referred to in item 21 |
The society |
In accordance with subsections 122 (13) and (2) or (3) as the case may be |
23. |
A person who is advised, by a society, that they require broad record check because they are a primary caregiver of a child who is or will be placed with them, where section 40 or 41 of Ontario Regulation 156/18 (General Matters under the Authority of the Minister) made under the Act applies to the placement |
The society that advised of the requirement |
In accordance with subsection 122 (13) |
24. |
A person who is advised, by a society, that they require a broad record check because they are a primary caregiver of a child who is or will be placed with them, where clause 42 (a) of Ontario Regulation 156/18 (General Matters under the Authority of the Minister) made under the Act applies to the placement |
The society responsible for carrying out the evaluation |
In accordance with subsection 122 (13) |
25. |
A person who resides with a person referred to in item 23 or 24 |
The society that advised of the requirement or responsible for carrying out the evaluation |
In accordance with subsections 122 (13) and (2) or (3) as the case may be |
26. |
A person who has been delegated responsibility for the custody, care and control of a child by a licensee under Part VIII of the Act |
Licensee |
In accordance with subsection 122 (1) |
27. |
A person to whom a licensee under Part VIII of the Act seeks to delegate responsibility for the custody, care and control of a child. |
Licensee |
In accordance with subsection 122 (14) |
28. |
A person who holds a position, including an employee, volunteer or student, in the course of which the person may become responsible for the custody, care and control of a child under Part VIII of the Act |
Licensee |
In accordance with subsection 122 (1) |
29. |
A person applying for a position referred to in item 28 |
Licensee |
In accordance with subsection 122 (8) |
30. |
A person who holds a position of an employee, volunteer or student of the Child and Parent Resource Institute, if the person will have direct, in-person contact with children as part of their duties |
The Minister |
In accordance with subsection 122 (1) |
31. |
A person applying for a position referred to in item 30 |
The Minister |
In accordance with subsection 122 (8) |
32. |
A person who has a contract to provide goods or services at a Child and Parent Resource Institute, or who provides such goods or services, if the person will have direct, in-person contact with children as part of their role |
The Minister |
In accordance with subsection 122 (1) |
33. |
A person seeking a contract referred to in item 32, or seeking to provide goods or services under such contract, if the person will have direct, in-person contact with children as part of their role |
The Minister |
In accordance with subsection 122 (8) |
34. |
A person who has a professional affiliation with a service provider in a place of open custody, a place of temporary detention or a place of secure custody |
The Minister if the place is operated by the Ministry or the service provider if the place is not operated by the Ministry |
In accordance with subsection 122 (1) |
35. |
A person seeking a professional affiliation referred to in item 34 |
The Minister if the place is operated by the Ministry or the service provider if the place is not operated by the Ministry |
In accordance with subsection 122 (4) |
36. |
A person with a professional affiliation with a service provider in a youth justice probation office that is funded or operated by the Ministry |
The Minister if the probation office is operated by the Ministry or the service provider if the probation office is not operated by the Ministry |
In accordance with subsection 122 (1) |
37. |
A person seeking a professional affiliation referred to in item 36 |
The Minister if the probation office is operated by the Ministry or the service provider if the probation office is not operated by the Ministry |
In accordance with subsection 122 (4) |
38. |
A person designated under subsection 154 (1) of the Act to conduct such inspections or investigations as the Minister may require in connection with the administration of Part VI of the Act |
The Minister |
In accordance with subsection 122 (1) |
39. |
A person seeking a designation referred to in item 38 |
The Minister |
In accordance with subsection 122 (15) |
40. |
A person who holds a position managing, supervising or providing support or assistance to a person referred to in item 38 |
The Minister |
In accordance with subsection 122 (1) |
41. |
A person applying for a position referred to in item 40 |
The Minister |
In accordance with subsection 122 (8) |
Timing and frequency
122. (1) A person referred to in item 1, 3, 4, 5, 6, 7, 9, 10, 11 or 13 of the Table to section 120 or item 1, 3, 5, 7, 9, 15, 16, 26, 28, 30, 32, 34, 36, 38 or 40 of the Table to section 121 shall provide the relevant police record check at least every three years after they provided the last police record check.
(2) Within 30 days of turning 18, a person referred to in item 13 of the Table to section 120 or item 12, 14, 16, 18, 22 or 25 of the Table to section 121 shall request the relevant police record check and provide it as soon as reasonably possible after receiving it.
(3) Despite subsection (2), a person referred to in item 12, 14, 16, 18, 22 or 25 of the Table to section 121 is not required to provide a broad record check if the person,
(a) receives residential care; or
(b) receives residential services and supports in a host family residence as defined in subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.
(4) A person referred to in item 2 of the Table to section 120 or item 2, 4, 6, 8, 35 or 37 of the Table to section 121 shall provide the relevant police record check at the time of their application to the relevant recipient.
(5) A person referred to in item 3 of the Table to section 120 shall provide the vulnerable sector check as soon as possible after being accepted to the Ministry’s mentorship program for new adoption practitioners.
(6) A person referred to in item 4 of the Table to section 120 shall provide the vulnerable sector check before they commence providing counselling services for the purposes of the Act.
(7) A person referred to in item 8 of the Table to section 120 shall provide the vulnerable sector check,
(a) in the case of a person seeking to be added to a roster referred to in item 5 or 6 of the Table to section 120, before they are added to the relevant roster; and
(b) in the case of a person seeking to be added to a roster referred to in item 7 of the Table to section 120, before they commence conducting alternative dispute resolution for the purposes of section 17 of the Act.
(8) A person referred to in item 12 of the Table to section 120 or item 29, 31 or 33 of the Table to section 121 shall provide the relevant police record check,
(a) with their application; or
(b) at the time that the person seeks a contract or to provide goods or services under such contract.
(9) A person referred to in item 14 of the Table to section 120 or item 10, 17 or 18 of the Table to section 121 shall request the relevant police record check before they begin interacting, without supervision, with a child or young person and shall provide the record check as soon as possible after receiving it.
(10) A person referred to in item 3 or 9 of the Table of section 121 shall within 15 days of being appointed as an officer or joining the board of the corporation,
(a) provide the Director with the relevant police record check; or
(b) confirm to the Director that they have requested the relevant police record check and provide it to the Director as soon as possible after receiving it.
(11) A person referred to in item 11, 12, 13, 14 or 33 of the Table to section 121 shall provide the broad record check to the relevant service provider or adoption practitioner, as the case may be,
(a) during an adoption homestudy assessment or where required during an update to the homestudy assessment; and
(b) every three years after the last broad record check was provided until a final order is made for the child’s adoption, either by an Ontario court or by a court in another Canadian jurisdiction.
(12) A person referred to in item 19 or 20 of the Table to section 121 shall provide the broad record check when the adoption practitioner is engaged to prepare the written statement referred to in subsection 202 (1) of the Act.
(13) Unless an extension is granted pursuant to section 123, a person referred to in item 21, 22, 23, 24 or 25 of the Table to section 121 shall,
(a) request the broad record check within seven days after the child protection worker, a person designated by the society or an employee of the child and family service authority has advised the person of the requirement to provide a check and shall provide it as soon as possible after receiving it; and
(b) while a child remains in the placement, request the broad record check every three years after the last broad record check was provided and provide it as soon as possible after receiving it.
(14) A person referred to in item 27 of the Table to section 121 shall provide the broad record check before taking responsibility for a child’s care, custody and control.
(15) A person referred to in item 39 of the Table to section 121 shall provide the broad record check when seeking to be designated.
Extensions
123. (1) The timing for requesting a broad record check in subsection 122 (13) may be extended by the following entities in accordance with the following rules:
1. In the case of a person referred to in item 21 or 22 of the Table to section 121, a child welfare service supervisor may, in accordance with the society’s policies, approve an extension of up to 30 days from the date that the society or child and family services authority commenced the assessment of the person’s home as a place of safety.
2. In the case of a person referred to in item 23, 24 or 25 of the Table to section 121, a child welfare service supervisor may, in accordance with the society’s policies, approve an extension of up to 30 days from the date that the society commenced the evaluation of the proposed plan for the care of the child or the evaluation of the placement, as the case may be.
(2) If an extension is approved under subsection (1), the person approving the extension shall,
(a) document the reasons for the extension;
(b) develop a written plan to enable the person who is required to provide the police record check to request the check as soon as possible; and
(c) follow up with the person 14 days after the plan is developed and every 30 days after that until the person requests the check.
(3) If a person has not requested a check in accordance with a plan developed under clause (2) (b) by the deadline established in the plan, a society shall, within 30 days of such deadline, document the reasons the plan was not followed, including the reasons the police record check was not requested, and any additional steps the society has taken.
(4) Societies shall have written policies and procedures respecting the circumstances in which an extension may be granted under this section.
No duplication of obligations
124. A person who is referred to in more than one item in the Table to section 120 or 121 is not required to provide an additional police record check, if they have provided a record check of the same type to the same recipient within the last three years.
Validity of police record check
125. The requirement for a person to provide a police record check is satisfied if the person provides original copies of the record that were,
(a) prepared by a police record check provider, within the meaning of the Police Record Checks Reform Act, 2015, based on information available to the police record check provider at the time the police record check is prepared; and
(b) issued by a police record check provider within the last six months.
Statement re relevance
126. When providing a police record check, the person may also include a written statement about whether, in their opinion, the contents of the record are relevant to the position or role that the person holds or seeks to hold.
Recipient documents
127. Every recipient listed in Column 2 of the table to section 120 or Column 2 of the table to section 121 shall have written documents setting out the following information and shall make the written documents available to any person who could be required to provide a police record check to the recipient:
1. The process for obtaining a police record check.
2. The process for submitting an offence declaration.
3. The recipient’s policies and procedures with respect to the measures to be followed to keep police record checks and offence declarations confidential and secure, including policies and processes respecting the retention, transfer and disposal of records and declarations.
4. Information about the right of a person who provides a police record check to provide a written statement about whether, in their opinion, the contents of the record are relevant to the position or role that the person holds or seeks to hold.
5. The recipient’s policies and procedures with respect to the way information included in a police record check, offence declaration and statement of relevance may be considered and used by a recipient.
6. The recipient’s policies and procedures with respect to the measures to be followed to ensure the protection of children who interact with a person required to provide a police record check under this Regulation until the record check is received.
Offence declarations
128. (1) A person making an offence declaration shall ensure that the offence declaration meets the following requirements:
1. The offence declaration shall be in writing and shall be signed by the person making the declaration.
2. The offence declaration shall indicate the period of time to which it pertains.
3. The offence declaration shall list with respect to the period of time specified,
i. all of the person’s convictions for offences under the Criminal Code (Canada), and
ii. every criminal offence for which there is an outstanding charge or warrant to arrest in respect of the person.
(2) When providing the relevant police record check, the person providing the check shall also provide an offence declaration that addresses the period since the day on which the person requested the police record check.
(3) A person who is required to provide a police record check every three years shall, in a year in which they are not required to provide a record check, provide an offence declaration no later than 15 days after the anniversary of the day on which the person last provided an offence declaration or police record check and the offence declaration shall address the period since the previous offence declaration or police record check was provided.
(4) A person required to provide a police record check who does not receive the police record within six months of the day after which they requested it shall provide an offence declaration within 15 days after that six-month period.
Notice of charge or conviction
129. A person required to provide a police record check under section 120 or 121 shall, as soon as possible after being charged with or convicted of an offence under the Criminal Code (Canada), provide a written and signed notice informing the relevant recipient of the charge or conviction.
Break in professional affiliation
130. (1) If there is a break in the professional affiliation between a person and the service provider with whom they have a professional affiliation, the following rules apply:
1. In the case of a break that is 12 months or less, the person shall provide the service provider with any police record check or offence declaration the person would have been required to provide had the break not occurred.
2. In the case of a break that is longer than 12 months, the person shall provide the service provider with the relevant police record check and offence declaration even if the police record check or offence declaration would not be required had the break not occurred.
(2) A person referred to in subsection (1) who is required to provide a police record check or offence declaration shall,
(a) request any police record check and provide any required offence declaration before interacting, without supervision, with a child or young person; and
(b) provide the police record check to the relevant service provider as soon as possible after they receive it.
Transition
131. (1) In this section,
“transition day” means the day section 1 of Ontario Regulation 308/24 comes into force.
(2) A person who is required to provide a police record check under this Regulation shall do so at the following times:
1. If the person provided the required type of police record check to the required recipient before transition day and the record check was issued within three years of transition day, the person shall provide a new record check within three years of the day the previous record check was issued.
2. If the person has not provided the required type of police record check to the required recipient within three years before transition day or the police record check was issued more than three years before transition day, the person shall request the required check within 60 days of transition day and provide it as soon as possible after they receive it.
(2) Clause 119 (1) (f) of the Regulation, as made by subsection (1), is amended by adding “or 279.3” after “section 137”.
(3) The Table to section 121 of the Regulation, as made by subsection (1) is amended by adding the following items:
42. |
A relative adoptive applicant who is not a parent of the child as defined under section 4 of the Children’s Law Reform Act |
File with the court to which the relative adoptive applicant has made an application for adoption |
In accordance with subsection 122 (17) |
43. |
A person, other than the parent of the child as defined in section 4 of the Children’s Law Reform Act, who resides with a person referred to in item 15 |
File with the court to which the relative adoptive applicant has made an application for adoption |
In accordance with subsection 122 (17) |
(4) Section 122 of the Regulation, as made by subsection (1), is amended by adding the following subsection:
(17) A person referred to in item 42 or 43 of the Table to section 121 shall provide the broad record check in accordance with the rules of the court to which the relative adoptive applicant has made an application for adoption.
Commencement
2. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Subsection 1 (1) comes into force on the later of January 1, 2025 and the day this Regulation is filed.
(3) Subsections 1 (3) and (4) come into force on the later of July 1, 2025 and the day this Regulation is filed.
(4) Subsection 1 (2) comes into force on the later of the day section 23 of the Supporting Children’s Futures Act, 2024 comes into force and the day this Regulations is filed.