121 (1) An appeal from a court’s order under this Part may be made by, (a) the child, if the child is entitled to participate in the proceeding under subsection 79 (6) (child’s participation); (b) any parent of the child; (c) the person who had charge of the child immediately before intervention under this Part; (d) a Director or local director; or (e) in the case of a First Nations, Inuk or Métis child, a person described in clause (a), (b), (c) or (d) or a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. 2017, c. 14, Sched. 1, s. 121 (1); 2020, c. 25, Sched. 2, s. 5 (1). Exception (2) Subsection (1) does not apply to an order for an assessment under section 98. 2017, c. 14, Sched. 1, s. 121 (2). Court (2.1) 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 (2). Care and custody pending appeal (3) Where a decision regarding the care and custody of a child is appealed under subsection (1), execution of the decision shall be stayed for the 10 days immediately following service of the notice of appeal on the court that made the decision, and where the child is in the society’s care and custody at the time the decision is made, the child shall remain in the care and custody of the society until, (a) the 10-day period of the stay has expired; or (b) an order is made under subsection (4), whichever is earlier. 2017, c. 14, Sched. 1, s. 121 (3). Temporary order (4) The Superior Court of Justice or the Divisional Court, as applicable, may, in the child’s best interests, make a temporary order for the child’s care and custody pending final disposition of the appeal, and the court may, on any party’s motion before the final disposition of the appeal, vary or terminate the order or make a further order. 2017, c. 14, Sched. 1, s. 121 (4); 2020, c. 25, Sched. 2, s. 5 (3). No extension where child placed for adoption (5) No extension of the time for an appeal shall be granted where the child has been placed for adoption under Part VIII (Adoption and Adoption Licensing). 2017, c. 14, Sched. 1, s. 121 (5). Further evidence (6) The court may receive further evidence relating to events after the appealed decision. 2017, c. 14, Sched. 1, s. 121 (6). Place of hearing (7) 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. 121 (7). Application of s. 87 (8) Section 87 (rules re hearings) applies with necessary modifications to an appeal under this section. 2017, c. 14, Sched. 1, s. 121 (8). Transition (9) This section, as it read immediately before the day subsection 5 (2) 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 (4). Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 2, s. 5 (1-4) - 01/03/2021 Expiry of Orders