98 (1) In the course of a proceeding under this Part, the court may order that one or more of the following persons undergo an assessment within a specified time by a person appointed in accordance with subsections (3) and (4): 1. The child. 2. A parent of the child. 3. Any other person, other than a foster parent, who is putting forward or would participate in a plan for the care and custody of or access to the child. Criteria for ordering assessment (2) An assessment may be ordered if the court is satisfied that, (a) an assessment of one or more of the persons specified in subsection (1) is necessary for the court to make a determination under this Part; and (b) the evidence sought from an assessment is not otherwise available to the court. Assessor selected by parties (3) An order under subsection (1) shall specify a time within which the parties to the proceeding may select a person to perform the assessment and submit the name of the selected person to the court. Appointment of person selected by parties (4) The court shall appoint the person selected by the parties to perform the assessment if the court is satisfied that the person meets the following criteria: 1. The person is qualified to perform medical, emotional, developmental, psychological, educational or social assessments. 2. The person has consented to perform the assessment. Appointment of a person not selected by parties (5) If the court is of the opinion that the person selected by the parties under subsection (3) does not meet the criteria set out in subsection (4), the court shall select and appoint another person who does meet the criteria. Regulations (6) An order under subsection (1) and the assessment required by that order shall comply with such requirements as may be prescribed. Report (7) The person performing an assessment under subsection (1) shall make a written report of the assessment to the court within the time specified in the order, which shall not be more than 30 days, unless the court is of the opinion that a longer assessment period is necessary. Copies of report (8) At least seven days before the court considers the report at a hearing, the court or, where the assessment was requested by a party, that party, shall provide a copy of the report to, (a) the person assessed, subject to subsections (9) and (10); (b) the child’s lawyer or agent; (c) a parent appearing at the hearing, or the parent’s lawyer; (d) the society caring for or supervising the child; (e) a Director, where the Director requests a copy; (f) in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a), (b) (c), (d) and (e) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities; and (g) any other person who, in the opinion of the court, should receive a copy of the report for the purposes of the case. Child younger than 12 (9) Where the person assessed is a child younger than 12, the child shall not receive a copy of the report unless the court considers it desirable that the child receive a copy of the report. Child 12 or older (10) Where the person assessed is a child 12 or older, the child shall receive a copy of the report, except that where the court is satisfied that disclosure of all or part of the report to the child would cause the child emotional harm, the court may withhold all or part of the report from the child. Conflict (11) Subsections (9) and (10) prevail despite anything in the Personal Health Information Protection Act, 2004. Assessment is evidence (12) The report of an assessment ordered under subsection (1) is evidence and is part of the court record of the proceeding. Inference from refusal (13) The court may draw any inference it considers reasonable from a person’s refusal to undergo an assessment ordered under subsection (1). Report inadmissible (14) The report of an assessment ordered under subsection (1) is not admissible into evidence in any other proceeding except, (a) a proceeding under this Part, including an appeal under section 121; (b) a proceeding referred to in section 138; (c) a proceeding under Part VIII (Adoption and Adoption Licensing) respecting an application to make, vary or terminate an openness order; or (d) a proceeding under the Coroners Act, without the consent of the person or persons assessed. 2017, c. 14, Sched. 1, s. 98 (14); 2017, c. 34, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 4, s. 1 - 30/04/2018