jswizzle3737/ontario_laws_and_regs huggingface dataset:
195 (1) This section applies where, (a) a society intends to place a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) for adoption; and (b) an order under Part V (Child Protection) is in effect respecting a person’s access to the child or the child’s access to another person. Notice (2) In the circumstances described in subsection (1), the society shall give notice to the following persons: 1. Every person who has been granted a right of access under the access order. 2. Every person with respect to whom access has been granted under the access order. Contents of notice (3) The society shall include in the notice the following information: 1. Notice that the society intends to place the child for adoption. 2. Notice that the access order terminates upon placement for adoption. 3. In the case of notice to a person described in paragraph 1 of subsection (2), the fact that the person has a right to apply for an openness order within 30 days after notice is received. 4. In the case of notice to a person described in paragraph 2 of subsection (2), the fact that the person described in paragraph 1 of subsection (2) has the right to apply for an openness order within 30 days after notice is received. Method of giving notice (4) Notice may be given by, (a) if the person is not a child, leaving a copy, (i) with the person, (ii) if the person appears to be mentally incapable in respect of an issue in the notice, with the person and with the guardian of the person’s property or, if none, with the Public Guardian and Trustee, or (iii) with a lawyer who accepts the notice in writing on a copy of the document; or (b) if the person is a child, leaving a copy, (i) with the Children’s Lawyer, (ii) with the child’s lawyer, if any, and (iii) with the child, if they are 12 or older. Alternate method (5) On application without notice by a society, the court may order that notice under subsection (2) be given by another method chosen by the court if the society, (a) provides detailed evidence showing, (i) what steps have been taken to locate the person to whom the notice is to be given, and (ii) if the person has been located, what steps have been taken to give the notice to the person; and (b) shows that the method of giving notice could reasonably be expected to bring the notice to the person’s attention. Notice not required (6) On application without notice by a society, the court may order that the society is not required to give notice under subsection (2) if, (a) reasonable efforts to locate the person to whom the notice is to be given have not been or would not be successful; and (b) there is no method of giving notice that could reasonably be expected to bring the notice to the person’s attention. Access order in effect
197 (1) This section applies where a society intends to place a First Nations, Inuk or Métis child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) for adoption. Notice (2) In the circumstances described in subsection (1), the society shall give notice to the following persons: 1. A representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. 2. The child. Contents of notice (3) The society shall include in the notice the following information: 1. Notice that the society intends to place the child for adoption. 2. The fact that the person has a right to apply for an openness order within 30 days after notice is received. 3. The fact that the society has a right to apply for an openness order within 30 days after notice is given. Method of giving notice, etc. (4) Where notice is required under subsection (2), (a) notice shall be given by, (i) if the person is not a child, leaving a copy with the person or with a lawyer who accepts the notice in writing on a copy of the document, or (ii) if the person is a child, leaving a copy, (A) with the Children’s Lawyer, (B) with the child’s lawyer, if any, and (C) with the child, if they are 12 or older; and (b) subsections 195 (5) and (6) apply with necessary modifications. Application for openness order (5) A person described in paragraph 1 or 2 of subsection (2) may, within 30 days after notice is received, apply to the court for an openness order. Same, society (6) The society may, within 30 days after notice is given, apply to the court for an openness order. Notice of application (7) A person or society making an application for an openness order under this section shall give notice of the application to every other person or society who could have made such an application. Method of giving notice to a child (8) Notice to a child under subsection (7) shall be given by leaving a copy with, (a) the Children’s Lawyer; (b) the child’s lawyer, if any; and (c) the child if they are 12 or older. Openness order (9) The court may make an openness order under this section in respect of a child if it is satisfied that, (a) the openness order is in the best interests of the child; (b) the openness order will help the child to develop or maintain a connection with the child’s First Nations, Inuit or Métis cultures, heritages and traditions and to preserve the child’s cultural identity and connection to community; (c) the child has consented to the order, if they are 12 or older. Application of other provisions (10) Subsections 196 (4) to (6) and (8) to (11) apply with necessary modifications for the purposes of this section.
198 (1) A society or a person with whom a child has been placed for adoption may apply to the court for an order to vary or terminate an openness order made under section 194, 196 or 197. Time for making application (2) An application under this section shall not be made after an order for the adoption of the child is made under section 199. Notice of application (3) A society or person making an application under this section shall give notice of the application to, (a) the child; (b) every person who is permitted to communicate with or have a relationship with the child under the openness order; (c) any person with whom the society has placed or plans to place the child for adoption, if the application under this section is made by the society; and (d) any society that supervises or participates in the arrangement under the openness order that is the subject of the application. Method of giving notice to a child (4) Notice to a child under subsection (3) shall be given by leaving a copy with, (a) the Children’s Lawyer; (b) the child’s lawyer, if any; and (c) the child if they are 12 or older. Order to vary openness order before adoption (5) The court shall not make an order to vary an openness order under this section unless the court is satisfied that, (a) a material change in circumstances has occurred; (b) the proposed order is in the child’s best interests; and (c) either, (i) the proposed order would continue a relationship that is beneficial and meaningful to the child, or (ii) in the case of an openness order made under section 197, the proposed order would help the child to develop or maintain a connection with the child’s First Nations, Inuit or Métis cultures, heritages and traditions and to preserve the child’s cultural identity and connection to community. Order to terminate openness order before adoption (6) The court shall not terminate an openness order under this section unless the court is satisfied that, (a) a material change in circumstances has occurred; (b) termination of the order is in the child’s best interests; and (c) in the case of an openness order made under section 194 or 196, the relationship that is the subject of the order is no longer beneficial and meaningful to the child. Consent of society required (7) The court shall not, under this section, direct a society to supervise or participate in the arrangement under an openness order without the consent of the society. Alternative dispute resolution (8) At any time during a proceeding under this section, the court may, in the best interests of the child and with the consent of the parties, adjourn the proceedings to permit the parties to attempt through a prescribed method of alternative dispute resolution to resolve any dispute between them with respect to any matter that is relevant to the proceeding. Temporary orders (9) The court may make such temporary order relating to openness under this section as the court considers to be in the child’s best interests. Adoption Orders Orders for adoption
199 (1) The court may make an order for the adoption of a child who is younger than 16, or is 16 or older but has not withdrawn from parental control, and, (a) has been placed for adoption by a society or licensee; or (b) has been placed for adoption by a person other than a society or licensee and has resided with the applicant for at least two years, in the child’s best interests, on the application of the person with whom the child is placed. Family adoption (2) The court may make an order for the adoption of a child, in the child’s best interests, on the application of, (a) a relative of the child; (b) the child’s parent; or (c) the spouse of the child’s parent. Adoption of adult, etc. (3) The court may make an order for the adoption of, (a) a person 18 or older; or (b) a child who is 16 or older and has withdrawn from parental control, on another person’s application. Who may apply (4) An application under this section may only be made, (a) by one individual; or (b) jointly, by two individuals who are spouses of one another. Residency requirement (5) The court shall not make an order under this section for the adoption of, or on the application of, a person who is not a resident of Ontario.
200 The court shall not make an order under section 199 on the application of a person who is younger than 18 unless the court is satisfied that special circumstances justify making the order.
201 Where the court has made an order, (a) dispensing with a consent under section 181; or (b) refusing to permit the late withdrawal of a consent under subsection 182 (1), the court shall not make an order under section 199 until the later of, (c) the time for commencing an appeal of the order has expired; or (d) any appeal of the order has been finally disposed of or abandoned.
202 (1) Where an application is made for an order for the adoption of a child under subsection 199 (1), a Director shall, before the hearing, file a written statement with the court indicating, (a) that the child has resided with the applicant for at least six months or, in the case of an application under clause 199 (1) (b), for at least two years and, in the Director’s opinion, it would be in the child’s best interests to make the order; (b) in the case of an application under clause 199 (1) (a), that for specified reasons it would be in the child’s best interests, in the Director’s opinion, to make the order although the child has resided with the applicant for less than six months; or (c) that the child has resided with the applicant for at least six months or, in the case of an application under clause 199 (1) (b), for at least two years and, in the Director’s opinion, it would not be in the child’s best interests to make the order. Additional circumstances (2) The written statement shall refer to any additional circumstances that the Director wishes to bring to the court’s attention. Local director may make statement (3) Where a child was placed by a society and has resided with the applicant for at least six months, the written statement may be made and filed by the local director. Amendment of statement, etc. (4) The Director or local director, as the case may be, may amend the written statement at any time and may attend at the hearing and make submissions. Where recommendation negative (5)  Where the written statement indicates that, in the Director’s or local director’s opinion, it would not be in the child’s best interests to make the order, a copy of the statement shall be filed with the court and served on the applicant at least 30 days before the hearing. Report of child’s adjustment (6) The written statement shall be based on a report of the child’s adjustment in the applicant’s home, prepared by, (a) the society that placed the child or has jurisdiction where the child is placed; or (b) a person approved by the Director or local director. Family adoptions (7) Where an application is made for an order for the adoption of a child under subsection 199 (2), (a) subsections (1), (2), (4), (5) and (6) apply to the application, if the child was not a resident of Canada before being placed for adoption; and (b) the court may order that subsections (1), (2), (4), (5) and (6) apply to the application, if the child was a resident of Canada before being placed for adoption.
203 (1) An application for an adoption order shall be heard and dealt with in the county or district in which, (a) the applicant; or (b) the person to be adopted, resides at the time the application is filed. Transfer of proceeding (2) Where the court is satisfied at any stage of an application for an adoption order that there is a preponderance of convenience in favour of conducting it in another county or district, the court may order that it be transferred to that other county or district and be continued as if it had been commenced there. Rules re applications
204 (1) An application for an adoption order shall be heard and dealt with in the absence of the public. Court files private (2) No person shall have access to the court file concerning an application for an adoption order, except, (a) the court and authorized court employees; (b) the parties and the persons representing them under the authority of the Law Society Act; and (c) a Director and a local director. Stale applications (3) Where an application for an adoption order is not heard within 12 months of the day on which the applicant signed it, (a) the court shall not hear the application unless the court is satisfied that it is just to do so; and (b) the applicant may make another application. No right to notice (4) A person is not entitled to receive notice of an application under section 199 if, (a) the person has given a consent under clause 180 (2) (a) and has not withdrawn it; (b) the person’s consent has been dispensed with under section 181; or (c) the person is a parent of a child who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) who is placed for adoption.
205 (1) The court may, on its own initiative, summon a person to attend before it, testify and produce any document or thing, and may enforce obedience to the summons as if it had been made in a proceeding under the Family Law Act. Duty of court (2) The court shall not make an order for the adoption of a child under subsection 199 (1) or (2) unless the court is satisfied that, (a) every person who has given a consent under section 180 understands the nature and effect of the adoption order; and (b) every applicant understands and appreciates the special role of an adoptive parent. Participation of child (3) Where an application is made for an order for the adoption of a child under subsection 199 (1) or (2), the court, (a) shall inquire into the child’s capacity to understand and appreciate the nature of the application; (b) shall take the child’s views and wishes into account and give them due weight in accordance with the child’s age and maturity; and (c) where it is practical to do so, shall hear the child. Participation of adult, etc. (4) Where an application is made for an order for the adoption of a person under subsection 199 (3), the court shall consider the person’s views and wishes and, on request, hear the person.
206 (1) Subject to subsection (1.1), when the court makes an order under section 199, the court may, at the request of the applicant or applicants, (a) change the person’s surname to any surname that the person could have been given if the person had been born in Ontario to the applicant or applicants at the time of the order; (b) change the person’s forename; (c) change the person’s surname as described in clause (a) and change the person’s forename; (d) change the person’s single name to a single name that is determined in accordance with the traditional culture of the person or the applicant or applicants if the Registrar General under the Vital Statistics Act approves the single name; (e) change the person’s single name to a name with at least one forename and a surname as described in clause (a); or (f) change the person’s forename and surname to a single name that is determined in accordance with the traditional culture of the person or the applicant or applicants if the Registrar General under the Vital Statistics Act approves the single name. 2017, c. 14, Sched. 3, s. 9. Same (1.1) A court shall not make a change described in subsection (1) unless, (a) doing so is in the best interests of the child, if the person adopted is a child; and (b) the person adopted consents, if the person is 12 or older. 2017, c. 14, Sched. 3, s. 9. When child’s consent not required (2) A child’s consent to a change of name under subsection (1) is not required where the child’s consent was dispensed with under subsection 180 (9). Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 3, s. 9 - 30/04/2018
208 (1) (1) An appeal from a court’s order under section 198 or 207 may be made by, (a) any person who was entitled to apply for the order to vary or terminate the openness order; or (b) any person who was entitled to notice of the application to vary or terminate the openness order. 2020, c. 25, Sched. 2, s. 5 (5). Same (1.1) The appeal shall be made to, (a) the Superior Court of Justice, if the order was made at the Ontario Court of Justice; or (b) the Divisional Court, if the order was made at the Family Court of the Superior Court of Justice. 2020, c. 25, Sched. 2, s. 5 (5). Temporary order (2) Pending final disposition of the appeal, the Superior Court of Justice or the Divisional Court, as applicable, may on any party’s motion make a temporary order in the child’s best interests that varies or suspends an openness order. 2017, c. 14, Sched. 1, s. 208 (2); 2020, c. 25, Sched. 2, s. 5 (6). No time extension (3) No extension of the time for an appeal shall be granted. 2017, c. 14, Sched. 1, s. 208 (3). Further evidence (4) The court may receive further evidence relating to events after the appealed decision. 2017, c. 14, Sched. 1, s. 208 (4). Place of hearing (5) An appeal under this section shall be heard in the county or district in which the order appealed from was made. 2017, c. 14, Sched. 1, s. 208 (5). Transition (6) This section, as it read immediately before the day subsection 5 (5) of Schedule 2 to the Moving Ontario Family Law Forward Act, 2020 came into force, continues to apply to, (a) any case in which a notice of appeal was filed before that day; and (b) any further appeals or proceedings arising from a case described in clause (a). 2020, c. 25, Sched. 2, s. 5 (7). Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 2, s. 5 (5-7) - 01/03/2021
209 Subsections 204 (1) and (2) apply with necessary modifications to proceedings under sections 194, 196, 197, 198, 207 and 208.
210 A child is entitled to participate in the proceeding under section 194, 196, 197, 198, 207 or 208 as if they were a party.
211 (1) A child may have legal representation at any stage in a proceeding under section 194, 196, 197, 198, 207 or 208 and subsection 78 (2) applies with necessary modifications to such a proceeding. Children’s Lawyer (2) The Children’s Lawyer may provide legal representation to a child under this Part if, in the opinion of the Children’s Lawyer, such representation is appropriate. Court may refer matter to Children’s Lawyer (3) Where the court determines that legal representation is desirable, the court may refer the matter to the Children’s Lawyer. Openness Agreements
212 (1) For the purposes of facilitating communication or maintaining relationships, an openness agreement may be made by an adoptive parent of a child or by a person with whom a society or licensee has placed or plans to place a child for adoption and any of the following persons: 1. A birth parent, birth relative or birth sibling of the child. 2. A foster parent of the child or another person who cared for the child or in whose custody the child was placed at any time. 3. A member of the child’s extended family or community with whom the child has a significant relationship or emotional tie. 4. An adoptive parent of a birth sibling of the child or a person with whom a society or licensee has placed or plans to place a birth sibling of the child for adoption. 5. In the case of a First Nations, Inuk or Métis child, i. a person described in paragraph 1, 2, 3 or 4, or ii. a member of the child’s bands and First Nations, Inuit or Métis communities who may not have had a significant relationship or emotional tie with the child in the past but will help the child to develop or maintain a connection with the child’s First Nations, Inuit or Métis cultures, heritages and traditions and to preserve the child’s cultural identity and connection to community. When agreement may be made (2) An openness agreement may be made at any time before or after an adoption order is made. Agreement may include dispute resolution process (3) An openness agreement may include a process to resolve disputes arising under the agreement or with respect to matters associated with it. Child’s views and wishes of child (4) Before an openness agreement is made, the child’s views and wishes shall be taken into account and given due weight in accordance with the child’s age and maturity. Interim Orders
213 (1) Where an application is made for an order for the adoption of a child under subsection 199 (1) or (2), the court, after considering the statement made under subsection 202 (1), may postpone the determination of the matter and make an interim order in the child’s best interests placing the child in the applicant’s care and custody for a specified period not exceeding one year. Terms and conditions (2) The court may make an order under subsection (1) subject to any terms and conditions that the court considers appropriate respecting, (a) the child’s maintenance and education; (b) supervision of the child; and (c) any other matter the court considers advisable in the child’s best interests. Not an adoption order (3) An order under subsection (1) is not an adoption order. Consents required (4) Sections 180 and 181 (consents to adoption) apply to an order under subsection (1) with necessary modifications. Departure from Ontario (5) Where an applicant takes up residence outside Ontario after obtaining an order under subsection (1), the court may nevertheless make an adoption order under subsection 199 (1) or (2) where the statement made under subsection 202 (1) indicates that, in the Director’s or local director’s opinion, it would be in the child’s best interests to make the order.
214 An adoption order under subsection 199 (1) or (2) or an interim custody order under subsection 213 (1) may be made in respect of a person who is the subject of an earlier adoption order. Appeals Appeals
215 (1) An appeal from a court’s order under section 199 may be made by, (a) the applicant for the adoption order; and (b) the Director or local director who made the statement under subsection 202 (1). 2017, c. 14, Sched. 1, s. 215 (1); 2020, c. 25, Sched. 2, s. 5 (8). Same: dispensing with consent (2) An appeal from a court’s order under section 181 dispensing with a consent may be made by, (a) the persons referred to in subsection (1) of this section; and (b) the person whose consent was dispensed with. 2017, c. 14, Sched. 1, s. 215 (2); 2020, c. 25, Sched. 2, s. 5 (8). Same: late withdrawal of consent (3) An appeal from a court’s order under subsection 182 (1) permitting the late withdrawal of a consent may be made by, (a) the persons referred to in subsection (1) of this section; and (b) the person who gave the consent. 2017, c. 14, Sched. 1, s. 215 (3); 2020, c. 25, Sched. 2, s. 5 (8). Court (3.1) An appeal under this section shall be made to, (a) the Superior Court of Justice, if the order was made at the Ontario Court of Justice; or (b) the Divisional Court, if the order was made at the Family Court of the Superior Court of Justice. 2020, c. 25, Sched. 2, s. 5 (9). No extension of time for appeal (4) No extension of the time for an appeal shall be granted. 2017, c. 14, Sched. 1, s. 215 (4). Place of hearing (5) An appeal under this section shall be heard in the county or district in which the order appealed from was made. 2017, c. 14, Sched. 1, s. 215 (5). Hearing in private (6) An appeal under this section shall be heard in the absence of the public. 2017, c. 14, Sched. 1, s. 215 (6). Transition (7) This section, as it read immediately before the day subsection 5 (9) of Schedule 2 to the Moving Ontario Family Law Forward Act, 2020 came into force, continues to apply to, (a) any case in which a notice of appeal was filed before that day; and (b) any further appeals or proceedings arising from a case described in clause (a). 2020, c. 25, Sched. 2, s. 5 (10). Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 2, s. 5 (8-10) - 01/03/2021 Effect of Adoption Order
216 (1) An adoption order under section 199 is final and irrevocable, subject only to section 215 (appeals), and shall not be questioned or reviewed in any court by way of injunction, declaratory judgment,
certiorari, mandamus, prohibition, habeas corpus or application for judicial review. Validity of adoption order not affected by openness order or agreement (2) Compliance or non-compliance with the terms of an openness order or openness agreement relating to a child does not affect the validity of an order made under section 199 for the adoption of the child.
217 (1) In this section, “adopted child” means a person who was adopted in Ontario. Same (2) For all purposes of law, as of the date of the making of an adoption order, (a) the adopted child becomes the child of the adoptive parent and the adoptive parent becomes the parent of the adopted child; and (b) the adopted child ceases to be the child of the person who was the adopted child’s parent before the adoption order was made and that person ceases to be the parent of the adopted child, except where the person is the spouse of the adoptive parent. How relationships determined (3) The relationship to one another of all persons, including the adopted child, the adoptive parent, the kindred of the adoptive parent, the parent before the adoption order was made and the kindred of that former parent shall for all purposes be determined in accordance with subsection (2). Reference in will or other document (4) In any will or other document made at any time before or after the day this subsection comes into force and whether the maker of the will or document is alive on that day or not, a reference to a person or group or class of persons described in terms of relationship by blood or marriage to another person is deemed to refer to or include, as the case may be, a person who comes within the description as a result of an adoption, unless the contrary is expressed. Application of section (5) This section applies and is deemed always to have applied with respect to any adoption made under any Act that is in force, but not so as to affect, (a) any interest in property or right of the adopted child that has indefeasibly vested before the date of the making of an adoption order; and (b) any interest in property or right that has indefeasibly vested before the day this subsection comes into force. Exception (6) Subsections (2) and (3) do not apply for the purposes of the laws relating to incest and the prohibited degrees of marriage to remove a person from a relationship that would have existed but for those subsections.
218 An adoption effected according to the law of another jurisdiction, before or after the day this section comes into force, has the same effect in Ontario as an adoption under this Part.
219 Where an order for the adoption of a child has been made under this Part, no court shall make an order under this Part for access to the child by, (a) a birth parent; or (b) a member of a birth parent’s family. Maintenance of Relationships
220 (1) A society shall make all reasonable efforts to assist a child to maintain relationships with persons that are beneficial and meaningful to the child in the following circumstances: 1. The child was placed for adoption by the society and the society has decided not to finalize the adoption of the child by the person with whom the child was placed. 2. A child returns to the care of a society after an adoption order was made. Openness order or agreement or access order (2) For the purposes of subsection (1), in addition to what is permitted under subsection 105 (9), a society shall, (a) facilitate contact or communication provided for under an existing openness order or openness agreement in respect of the child and the persons who are subject to or parties to the openness order or openness agreement, as the case may be; and (b) consider whether to apply for an order for access under Part V (Child Protection) in respect of the child and the persons. Existing openness order continues in force (3) For greater certainty, in a circumstance described in paragraph 1 or 2 of subsection (1), an existing openness order continues to be in force until it is varied or terminated. Records, Confidentiality and Disclosure
221 At the request of a person whose consent to an adoption was required under clause 180 (2) (a) or clause 137 (2) (a) of the old Act and was given or was dispensed with, any society or the licensee that placed the child for adoption shall inform the person whether an order has been made for the child’s adoption.
222 (1) In this section, “court” includes the Superior Court of Justice. Requirement to seal documents (2) Subject to subsections (3) and 224 (2), the documents used on an application for an adoption order under this Part or Part VII (Adoption) of the old Act shall be sealed up together with a certified copy of the original order and filed in the court office by the appropriate court officer, and shall not be opened for inspection except by court order. Transmission of order (3) Within 30 days after an adoption order is made under this Part, the proper officer of the court shall cause a sufficient number of certified copies of it to be made, under the seal of the proper certifying authority, and shall provide, (a) the original order to the adoptive parent; (b) one certified copy to the Registrar General under the Vital Statistics Act, or, if the adopted child was born outside Ontario, two certified copies; (c) if the adopted child is registered or entitled to be registered under the Indian Act (Canada), one certified copy to the Registrar under that Act; and (d) one certified copy to such other persons as may be prescribed. Other court files (4) Unless the court orders otherwise, only the court may examine identifying information that comes from the records of any of the following persons that is contained in any court file respecting the judicial review of a decision made by any of them: 1. A designated custodian under section 223. 2. A person who, by virtue of a regulation made under paragraph 18 of subsection 346 (1), reviews or hears appeals of decisions concerning the disclosure of information under section 224 or 225. 3. A person referred to in subsection 224 (1) or 225 (1). Same (5) No person shall, without the court’s permission, disclose identifying information described in subsection (4) that the person obtained from the court file. Definition (6) In subsections (4) and (5), “identifying information” means information whose disclosure, alone or in combination with other information, will in the circumstances reveal the identity of the person to whom it relates.
223 (1) The Lieutenant Governor in Council may, by regulation, designate one or more persons to act as custodians of information that relates to adoptions and may impose such conditions and restrictions with respect to the designation as the Lieutenant Governor in Council considers appropriate. Powers and duties (2) A designated custodian may exercise such powers and shall perform such duties as may be prescribed with respect to the information provided to the custodian under this Act. Same, disclosure of information (3) A designated custodian may exercise such other powers and shall perform such other duties as may be prescribed for a purpose relating to the disclosure of information that relates to adoptions, including performing searches upon request for such persons, and in such circumstances, as may be prescribed. Agreements (4) The Minister may enter into agreements with designated custodians concerning their powers and duties under this section and the agreements may provide for payments to be made to the designated custodians.
224 (1) The Minister, the Registrar General under the Vital Statistics Act, a society, a licensee and such other persons as may be prescribed shall give a designated custodian under section 223 such information that relates to adoptions as may be prescribed in such circumstances as may be prescribed. Same, adoption orders (2) A court shall give a designated custodian a certified copy of an adoption order made under this Part together with such other documents as may be prescribed in such circumstances as may be prescribed. Disclosure to others
225 (1) The Minister shall give such information that relates to adoptions as may be prescribed to such persons as may be prescribed in such circumstances as may be prescribed. By a society (2) A society shall give such information that relates to adoptions as may be prescribed to such persons as may be prescribed in such circumstances as may be prescribed. By a licensee (3) A licensee shall give such information that relates to adoptions as may be prescribed to such persons as may be prescribed in such circumstances as may be prescribed. By a custodian (4) A designated custodian under section 223 shall give such information that relates to adoptions as may be prescribed to such persons as may be prescribed in such circumstances as may be prescribed.
226 Sections 224 and 225 apply with respect to information that relates to an adoption regardless of when the adoption order was made. Confidentiality of Adoption Records
227 (1) Despite any other Act, after an adoption order is made, no person shall inspect, remove, alter or disclose information that relates to the adoption and is kept by the Ministry, a society, a licensee or a designated custodian under section 223 and no person shall permit it to be inspected, removed, altered or disclosed unless the inspection, removal, alteration or disclosure is, (a) necessary for the maintenance or updating of the information by the Ministry, society, licensee or designated custodian or their staff; or (b) authorized by this Act or the regulations. Powers of courts and tribunals (2) Subsection (1) does not affect the power of a court or tribunal to compel a witness to testify or to compel the production of a document. Application (3) This section applies regardless of when the adoption order was made. Privacy (4) The Freedom of Information and Protection of Privacy Act does not apply to information that relates to an adoption. Injunction
228 (1) The Superior Court of Justice may grant an injunction to restrain a person from contravening subsection 191 (2), on the society’s or licensee’s application. Variation, etc. (2) The Court may vary or terminate an order made under subsection (1), on any person’s application. Licensing — Requirement for Licence; Issuance and Renewal Licences
229 (1) No person other than a society shall place a child for adoption, except under the authority of a licence issued by a Director. Issuing licence (2) Subject to section 231, a person who applies for a licence in accordance with this Part and the regulations and pays the prescribed fee is entitled to be issued a licence by a Director, subject to any conditions imposed by the Director. To individual or non-profit agency only (3) Despite subsection (2), a licence shall only be issued to an individual or a non-profit agency. Renewal of licence (4) Subject to section 232, a licensee who applies for renewal of the licence in accordance with this Part and the regulations and pays the prescribed fee is entitled to have the licence renewed by a Director, subject to any conditions imposed by the Director. Provisional licence or renewal (5) Where an applicant for a licence or renewal of a licence does not meet all the requirements for the issuing or renewal of the licence and requires time to meet them, a Director may, subject to such conditions as the Director may impose, issue a provisional licence for the period that the Director considers necessary to give the applicant time to meet the requirements. Not transferable (6) A licence is not transferable. Definition (7) In this section, “non-profit agency” means a corporation without share capital that has objects of a charitable nature and, (a) to which the Not-for-Profit Corporations Act, 2010 or a predecessor of that Act applies, or (b) that is incorporated by or under a general or special Act of the Parliament of Canada. 2017, c. 14, Sched. 1, s. 229 (7); 2017, c. 14, Sched. 3, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 3, s. 10 - 19/10/2021
230 (1) On issuing or renewing a licence or at any other time, a Director may impose on the licence the conditions that the Director considers appropriate. Amending conditions (2) A Director may, at any time, amend the conditions imposed on the licence. Notice (3) The Director shall notify the licensee in writing of the imposition or amendment of the conditions. Contents of notice (4) The notice shall set out the reasons for imposing or amending the conditions and shall state that the licensee is entitled to a hearing by the Tribunal if they request one in accordance with subsection 234 (1). Conditions take effect upon notice (5) The imposition or amendment of conditions takes effect immediately upon the licensee’s receipt of the notice and is not stayed by a request for a hearing by the Tribunal. Licensee must comply (6) Every licensee shall comply with the conditions to which the licence is subject. Licensing — Refusal and Revocation
231 A Director may propose to refuse to issue a licence where, in the Director’s opinion, (a) the applicant or an employee of the applicant, or, where the applicant is a corporation, an officer or director of the corporation is not competent to place children for adoption in a responsible manner in accordance with this Act and the regulations; (b) the past conduct of any person mentioned in clause (a) affords reasonable grounds for belief that the placement of children for adoption will not be carried on in a responsible manner in accordance with this Act and the regulations; or (c) a ground exists that is prescribed as a ground for refusing to issue a licence.
232 A Director may propose to revoke or refuse to renew a licence where, in the Director’s opinion, (a) the licensee or an employee of the licensee, or where the licensee is a corporation, an officer or director of the corporation has contravened or has knowingly permitted a person under their control or direction or associated with them to contravene, (i) this Act or the regulations, (ii) any other applicable law, or (iii) a condition of the licence; (b) the placement of children for adoption is carried on in a manner that is prejudicial to the children’s health, safety or welfare; (c) a person has made a false statement in the application for the licence or for its renewal, or in a report or document required to be furnished by this Act or the regulations or any other applicable law; (d) a change has occurred in the employees, officers or directors of the licensee that would, if the licensee were applying for the licence in the first instance, afford grounds under clause 231 (b) for refusing to issue the licence; or (e) a ground exists that is prescribed as a ground for revoking or refusing to renew a licence. Licensing — Hearing by Tribunal Hearings arising out of s. 231 or 232
233 (1) Where a Director proposes to refuse to issue a licence under section 231 or to revoke or refuse to renew a licence under section 232, the Director shall notify the applicant or licensee of the proposal in writing. Request for hearing (2) A notice under subsection (1) shall set out the reasons for the proposal and shall state that the applicant or licensee is entitled to a hearing by the Tribunal if they deliver a written request for a hearing to the Director and to the Tribunal within 10 days after the notice is given. Powers of Director where no hearing requested (3) Where an applicant or licensee does not request a hearing under subsection (2), the Director may carry out the proposal. Powers of Tribunal where hearing requested (4) Where an applicant or licensee requests a hearing under subsection (2), the Tribunal shall appoint a time for and hold a hearing and may, on hearing the matter, (a) order the Director to carry out the proposal; or (b) order the Director to take such other action as the Tribunal considers appropriate, in accordance with this Part and the regulations. Discretion of Tribunal (5) In making an order under subsection (4), the Tribunal may substitute its opinion for that of the Director.
234 (1) A licensee who is dissatisfied with the conditions imposed by a Director under subsection 229 (2), (4) or (5) or section 230 is entitled to a hearing by the Tribunal if the licensee delivers a written request for a hearing to the Director and to the Tribunal within 15 days after receiving the licence. Powers of Tribunal (2) Where a licensee requests a hearing under subsection (1), the Tribunal shall appoint a time for and hold a hearing and may, on hearing the matter, (a) confirm any or all of the conditions; (b) strike out any or all of the conditions; or (c) impose such other conditions as the Tribunal considers appropriate.
235 Subject to section 236, where a licensee has applied for renewal of a licence and paid the prescribed fee within the prescribed time or, if no time is prescribed, before the licence expires, the licence is deemed to continue, (a) until the renewal is granted; or (b) where the licensee is served with notice that the Director proposes to revoke the licence or to refuse to grant the renewal, until the time for requiring a hearing has expired and, where a hearing is required, until the Tribunal has made its decision.
236 (1) A Director may, by giving written notice to a licensee, suspend the licence where, in the Director’s opinion, the manner in which children are placed for adoption by the licensee is an immediate threat to the health, safety or welfare of the children. Suspension takes effect upon notice (2) A suspension takes effect immediately upon the licensee’s receipt of the notice and is not stayed by a request for a hearing by the Tribunal. s. 233 (2)-(4) apply (3) Where a notice is given under subsection (1), subsections 233 (2), (3) and (4) apply with necessary modifications.
237 Sections 266 and 267 apply with necessary modifications to proceedings before the Tribunal under this Part and to appeals of its orders. Licensing — Delivery of Licence and Records
238 If a licence is revoked or renewal of it refused, or if a licensee ceases to place children for adoption, the licensee shall, (a) promptly deliver the licence to the Minister; and (b) deliver all the records in the licensee’s possession or control that relate to the children to whom services were being provided to a prescribed person or entity within the prescribed time. Licensing — Injunctions
239 (1) A Director may apply to the Superior Court of Justice for an order enjoining a licensee from placing children for adoption while the licence is suspended under section 236. Variance or discharge (2) A licensee may apply to the court for an order varying or discharging an order made under subsection (1). Offences
240 No person, whether before or after a child’s birth, shall give, receive or agree to give or receive a payment or reward of any kind in connection with, (a) the child’s adoption or placement for adoption; (b) a consent under section 180 to the child’s adoption; or (c) negotiations or arrangements with a view to the child’s adoption, except for, (d) the prescribed expenses of a licensee, or such greater expenses as are approved by a Director; (e) proper legal fees and disbursements; and (f) a subsidy paid by a society or by the Minister to an adoptive parent or to a person with whom a child is placed for adoption.
241 (1) A person who contravenes subsection 183 (1), (2), (3) or (4) (placement for adoption) and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation is guilty of an offence, whether an order is subsequently made for the child’s adoption or not, and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years, or to both. Same (2) A person who contravenes subsection 183 (5) (receiving child) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years, or to both. Same (3) A person who contravenes subsection 191 (2) (interference with child) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both. Same (4) A person who contravenes section 240 and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than three years, or to both. Limitation (5) A proceeding under subsection (1), (2) or (4) shall not be commenced more than two years after the day on which the offence was, or is alleged to have been, committed.
242 (1) A person is guilty of an offence if the person, (a) knowingly provides false information in an application for a licence or renewal of a licence under this Part or in a statement, report or return required to be provided in respect of a licensing matter under this Part or the regulations; or (b) fails to comply with an order or direction made by a court in relation to a licensing matter under this Part. Directors, officers and employees (2) It is an offence for a director, officer or employee of a corporation to authorize, permit or concur in the commission by the corporation of an offence described in subsection (1). Penalty (3) Every person convicted of an offence under this section is liable to a fine of not more than $5,000. PART IX   REsidential LICENSING