O. Reg. 274/08: GENERAL

 

ontario regulation 274/08

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 Reg. 70 of R.R.O. 1990

(General)

1. Subsection 49.1 (1) of Regulation 70 of the Revised Regulations of Ontario, 1990 is amended by striking out “a person who satisfies one of the following criteria” in the portion before paragraph 1 and substituting “a person, other than a foster parent, who satisfies one of the following criteria”.

2. (1) The Regulation is amended by adding the following section:

Consent to Adoption

49.2 (1) For the purposes of clause 137 (4) (a.1) of the Act, before the parent of a child consents to the adoption of the child under clause 137 (2) (a) of the Act, the adoption agency that is placing the child for adoption shall advise the parent of the matters described in subsection (2) or (3), as the case may be.

(2) If the child being placed for adoption has not been previously adopted, the adoption agency shall advise the parent of,

(a) the right of persons to obtain non-identifying information under sections 12 and 13 of Ontario Regulation 464/07 (Adoption Information Disclosure) made under the Act and the categories of persons who are entitled to obtain the information;

(b) the right of persons to have their name added to the adoption disclosure register under section 9 of Ontario Regulation 464/07 and the categories of persons who are entitled to have their name added to the register;

(c) the right of persons to request a search in cases of severe medical illness under section 16 of Ontario Regulation 464/07 and the categories of persons who are entitled to request the search;

(d) the following rights under the Vital Statistics Act of a person who is an adopted person or a birth parent within the meaning of the Vital Statistics Act:

(i) the right that an adopted person will have to obtain uncertified copies of a birth registration and of an adoption order under section 48.1 of the Vital Statistics Act, once section 4 of the Access to Adoption Records Act (Vital Statistics Statute Law Amendment), 2008 is proclaimed into force,

(ii) the right that a birth parent will have to obtain information under section 48.2 of the Vital Statistics Act, once section 4 of the Access to Adoption Records Act (Vital Statistics Statute Law Amendment), 2008 is proclaimed into force,

(iii) the right of an adopted person and of a birth parent to register a notice of preferred manner of contact under section 48.3 of the Vital Statistics Act, and

(iv) the right of an adopted person and of a birth parent to register a notice of a wish not to be contacted under section 48.4 of the Vital Statistics Act.

(3) If the child being placed for adoption was previously adopted and is being placed by an adoption agency for a subsequent adoption, whether the parent who gives consent to the subsequent adoption is the adoptive parent who previously adopted the child or any other parent entitled to give consent, the adoption agency shall advise the parent of,

(a) the matters described in clauses (2) (a), (b) and (c); and

(b) the following rights under the Vital Statistics Act of the person who is an adopted person within the meaning of that Act or of an adoptive parent named in a previous order, judgment or decree of adoption registered under subsection 28 (1) of that Act, or a predecessor of that subsection:

(i) the right that an adopted person will have to obtain uncertified copies of a birth registration and of an adoption order under section 48.1 of the Vital Statistics Act, once section 4 of the Access to Adoption Records Act (Vital Statistics Statute Law Amendment), 2008 is proclaimed into force,

(ii) the right that an adopted person will have to obtain uncertified copies of a substituted birth registration under subsection 2 (2) of Ontario Regulation 272/08 once section 4 of the Access to Adoption Records Act (Vital Statistics Statute Law Amendment), 2008 is proclaimed into force, and

(iii) the right of the adoptive parent under subsection 2 (5) of Ontario Regulation 272/08 to register a notice of preferred manner of contact under section 48.3 of the Vital Statistics Act or a notice of a wish not to be contacted under section 48.4 of that Act.

(2) Subclauses 49.2 (2) (d) (i) and (ii) of the Regulation, as made by subsection (1), are revoked and the following substituted:

(i) the right of an adopted person to obtain uncertified copies of a birth registration and of an adoption order under section 48.1 of the Vital Statistics Act,

(ii) the right of a birth parent to obtain information under section 48.2 of the Vital Statistics Act,

(3) Subclauses 49.2 (3) (b) (i) and (ii) of the Regulation, as made by subsection (1), are revoked and the following substituted:

(i) the right of an adopted person to obtain uncertified copies of a birth registration and of an adoption order under section 48.1 of the Vital Statistics Act,

(ii) the right of an adopted person to obtain uncertified copies of a substituted birth registration under subsection 2 (2) of Ontario Regulation 272/08, and

3. (1) Subsection 50 (3) of the Regulation is revoked and the following substituted:

(3) Every adoption agency shall ensure that it has access to the services of,

(a) two members of the College of Physicians and Surgeons of Ontario, one of whom is recognized by the College as a member with a specialty in psychiatry;

(b) a social worker approved by a Director, or by a local director in the case of a society;

(c) a member of the College of Psychologists of Ontario; and

(d) a person licensed to practise law under the Law Society Act.

(2) Subsection 50 (3.1) of the Regulation is revoked.

4. Paragraph 3 of subsection 51 (1) of the Regulation is amended by striking out “but is not related within the meaning of subsection 136 (1) of the Act (relative defined)” and substituting “but is not a relative as defined in subsection 3 (1) of the Act”.

5. (1) Section 54 of the Regulation is amended by adding the following subsections:

(2.1) If an adoption agency is proposing to place a child for adoption and the child has not been previously adopted, the adoption agency shall ensure that information relating to the following matters is shared with the prospective adoptive parents before placing the child:

1. The right of persons to obtain non-identifying information under sections 12 and 13 of Ontario Regulation 464/07 (Adoption Information Disclosure) made under the Act and the categories of persons who are entitled to obtain the information.

2. The right of persons to have their name added to the adoption disclosure register under section 9 of Ontario Regulation 464/07 and the categories of persons who are entitled to have their name added to the register.

3. The right of persons to request a search in cases of severe medical illness under section 16 of Ontario Regulation 464/07 and the categories of persons who are entitled to request the search.

4. The following rights under the Vital Statistics Act of a person who is an adopted person or a birth parent within the meaning of the Vital Statistics Act:

i. the right that an adopted person will have to obtain uncertified copies of a birth registration and of an adoption order under section 48.1 of the Vital Statistics Act, once section 4 of the Access to Adoption Records Act (Vital Statistics Statute Law Amendment), 2008 is proclaimed into force,

ii. the right that a birth parent will have to obtain information under section 48.2 of the Vital Statistics Act, once section 4 of the Access to Adoption Records Act (Vital Statistics Statute Law Amendment), 2008 is proclaimed into force,

iii. the right of an adopted person and of a birth parent to register a notice of preferred manner of contact under section 48.3 of the Vital Statistics Act, and

iv. the right of an adopted person and of a birth parent to register a notice of a wish not to be contacted under section 48.4 of the Vital Statistics Act.

(2.2) If an adoption agency is proposing to place a child for adoption and the child has been previously adopted, the adoption agency shall ensure that information relating to the following matters is shared with the prospective adoptive parents before placing the child:

1. Matters described in paragraphs 1, 2, 3 and 4 of subsection (2.1).

2. If the order, judgment or decree for the previous adoption was made before September 1, 2008 and registered under subsection 28 (1) of the Vital Statistics Act, or a predecessor of that subsection, the right of the adopted person and birth parent named in that order, judgment or decree to register a disclosure veto under section 48.5 of the Vital Statistics Act.

3. The following rights under the Vital Statistics Act of the person who is an adopted person within the meaning of that Act or of an adoptive parent named in a previous order, judgment or decree of adoption registered under subsection 28 (1) of that Act, or a predecessor of that subsection:

i. the right that an adopted person will have to obtain uncertified copies of a substituted birth registration under subsection 2 (2) of Ontario Regulation 272/08 once section 4 of the Access to Adoption Records Act (Vital Statistics Statute Law Amendment), 2008 is proclaimed into force, and

ii. the right of the adoptive parent under section 2 (5) of Ontario Regulation 272/08 to register a notice of preferred manner of contact under section 48.3 of the Vital Statistics Act or a notice of a wish not to be contacted under section 48.4 of that Act.

(2) Subparagraphs 4 i and ii of subsection 54 (2.1) of the Regulation, as made by subsection (1), are revoked and the following substituted:

i. the right of an adopted person to obtain uncertified copies of a birth registration and of an adoption order under section 48.1 of the Vital Statistics Act.

ii. the right of a birth parent to obtain information under section 48.2 of the Vital Statistics Act.

(3) Subparagraphs 3 i of subsection 54 (2.2) of the Regulation, as made by subsection (1), is revoked and the following substituted:

i. the right of an adopted person to obtain uncertified copies of a substituted birth registration under subsection 2 (2) of Ontario Regulation 272/08, and

6. Paragraph 1 of subsection 56.1 (2) of the Regulation is amended by adding “of the Act” at the end.

7. Section 58 of the Regulation is amended by adding “and” at the end of clause (h), by striking out “and” at the end of clause (i) and by revoking clause (j).

8. Section 61 of the Regulation is revoked.

9. (1) Subject to subsection (2), this Regulation come into force on September 1, 2008.

(2) Subsections 2 (2) and (3) and 5 (2) and (3) come into force on the day section 4 of the Access to Adoption Records Act (Vital Statistics Statute Law Amendment), 2008 comes into force.