jswizzle3737/ontario_laws_and_regs huggingface dataset:
115 (1) Where an application is made under subsection 114 (1), the court shall deal with the matter by holding a hearing and shall hear oral evidence unless the child, after obtaining legal advice, consents in writing to the making of an order under subsection 117 (1) without the hearing of oral evidence, and the consent is filed with the court. Court may hear oral evidence despite consent (2) The court may hear oral evidence although the child has given a consent under subsection (1). Time limitation (3) A child’s consent under subsection (1) is not effective for more than the period referred to in subsection 118 (1) (period of commitment).  R.S.O. 1990, c. C.11, s. 115.
116 (1) The court may, at any time after an application is made under subsection 114 (1), order that the child attend within a specified time for an assessment before a specified person who is qualified, in the court’s opinion, to perform an assessment to assist the court to determine whether the child should be committed to a secure treatment program and has consented to perform the assessment. Report (2) 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 thirty days unless the court is of the opinion that a longer assessment period is necessary. Who may not perform assessment (3) The court shall not order an assessment to be performed by a person who provides services in the secure treatment program to which the application relates. Copies of report (4) The court shall provide a copy of the report to, (a) the applicant; (b) the child, subject to subsection (6); (c) the child’s solicitor; (d) a parent appearing at the hearing; (e) a society that has custody of the child under an order made under Part III (Child Protection); (f) the administrator of the secure treatment program; and (g) where the child is an Indian or a native person, a representative chosen by the child’s band or native community. Idem (5) The court may cause a copy of the report to be given to a parent who does not attend the hearing but is, in the court’s opinion, actively interested in the proceedings. Court may withhold report from child (6) The court may withhold all or part of the report from the child where the court is satisfied that disclosure of all or part of the report to the child would cause the child emotional harm.  R.S.O. 1990, c. C.11, s. 116.
117 (1) The court may order that a child be committed to a secure treatment program only where the court is satisfied that, (a) the child has a mental disorder; (b) the child has, as a result of the mental disorder, within the forty-five days immediately preceding, (i) the application under subsection 114 (1), (ii) the child’s detention or custody under the Young Offenders Act (Canada), under the Youth Criminal Justice Act (Canada) or under the Provincial Offences Act, or (iii) the child’s admission to a psychiatric facility under the Mental Health Act as an involuntary patient, caused or attempted to cause serious bodily harm to himself, herself or another person; (c) the child has, (i) within the twelve months immediately preceding the application, but on another occasion than that referred to in clause (b), caused, attempted to cause or by words or conduct made a substantial threat to cause serious bodily harm to himself, herself or another person, or (ii) in committing the act or attempt referred to in clause (b), caused or attempted to cause a person’s death; (d) the secure treatment program would be effective to prevent the child from causing or attempting to cause serious bodily harm to himself, herself or another person; (e) treatment appropriate for the child’s mental disorder is available at the place of secure treatment to which the application relates; and (f) no less restrictive method of providing treatment appropriate for the child’s mental disorder is appropriate in the circumstances.  R.S.O. 1990, c. C.11, s. 117 (1); 2006, c. 19, Sched. D, s. 2 (35). Where child under twelve (2) Where the child is less than twelve years old, the court shall not make an order under subsection (1) unless the Minister consents to the child’s commitment.  R.S.O. 1990, c. C.11, s. 117 (2). Additional requirement where applicant is physician (3) Where the applicant is a physician, the court shall not make an order under subsection (1) unless the court is satisfied that the applicant believes the criteria set out in that subsection are met.  R.S.O. 1990, c. C.11, s. 117 (3). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (35) - 22/06/2006
118 (1) The court shall specify in an order under subsection 117 (1) the period not exceeding 180 days for which the child shall be committed to the secure treatment program. Where society is applicant (2) Where a child is committed to a secure treatment program on a society’s application and the period specified in the court’s order is greater than sixty days, the child shall be released on a day sixty days after the child’s admission to the secure treatment program unless before that day, (a) the child’s parent consents to the child’s commitment for a longer period; or (b) the child is made a Crown or society ward under Part III (Child Protection), but in no case shall the child be committed to the secure treatment program for longer than the period specified under subsection (1).  R.S.O. 1990, c. C.11, s. 118 (1, 2). How time calculated (3) In the calculation of a child’s period of commitment, time spent in the secure treatment program before an order has been made under section 117 (commitment) or pending an application under section 120 (extension) shall be counted.  R.S.O. 1990, c. C.11, s. 118 (3); 1993, c. 27, Sched. Where order expires after eighteenth birthday (4) A person who is the subject of an order made under subsection 117 (1) or 120 (5) may be kept in the secure treatment program after attaining the age of eighteen years, until the order expires.  R.S.O. 1990, c. C.11, s. 118 (4). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
119 (1) Where the court makes an order under subsection 117 (1) or 120 (5), the court shall give, (a) reasons for its decision; (b) a statement of the plan, if any, for the child’s care on release from the secure treatment program; and (c) a statement of the less restrictive alternatives considered by the court, and the reasons for rejecting them. Plan for care on release (2) Where no plan for the child’s care on release from the secure treatment program is available at the time of the order, the administrator shall, within ninety days of the date of the order, prepare such a plan and file it with the court.  R.S.O. 1990, c. C.11, s. 119. Extension of Period of Commitment
120 (1) Where a child is the subject of an order made under subsection 117 (1) (commitment) or subsection (5), (a) a person referred to in subsection 114 (1), with the administrator’s written consent; or (b) the administrator, with a parent’s written consent or, where the child is in a society’s lawful custody, the society’s consent, may, before the expiry of the period of commitment, apply for an order extending the child’s commitment to the secure treatment program.  R.S.O. 1990, c. C.11, s. 120 (1); 1993, c. 27, Sched. Idem (2) Where a person is kept in the secure treatment program under subsection 118 (4) after attaining the age of eighteen years, (a) the person, with the written consent of the administrator; (b) the person’s parent, with the written consent of the person and the administrator; (c) a physician, with the written consent of the administrator and the person; or (d) the administrator, with the written consent of the person, may, before the expiry of the period of commitment, apply for one further order extending the person’s commitment to the secure treatment program. Child may be kept in program while application pending (3) Where an application is made under subsection (1) or (2), the child may be kept in the secure treatment program until the application is disposed of.  R.S.O. 1990, c. C.11, s. 120 (2, 3). ss. 114 (3), (6-9), 115, 116 apply (4) Subsections 114 (3), (6), (7), (8) and (9) (hearing) and sections 115 (child’s waiver) and 116 (assessment) apply with necessary modifications to an application made under subsection (1) or (2).  R.S.O. 1990, c. C.11, s. 120 (4); 1993, c. 27, Sched. Criteria for extension (5) The court may make an order extending a child’s commitment to a secure treatment program only where the court is satisfied that, (a) the child has a mental disorder; (b) the secure treatment program would be effective to prevent the child from causing or attempting to cause serious bodily harm to himself, herself or another person; (c) no less restrictive method of providing treatment appropriate for the child’s mental disorder is appropriate in the circumstances; (d) the child is receiving the treatment proposed at the time of the original order under subsection 117 (1), or other appropriate treatment; and (e) there is an appropriate plan for the child’s care on release from the secure treatment program. Period of extension (6) The court shall specify in an order under subsection (5) the period not exceeding 180 days for which the child shall be committed to the secure treatment program.  R.S.O. 1990, c. C.11, s. 120 (5, 6). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 Release by Administrator Release
121 (1) The administrator may release a child from a secure treatment program unconditionally where the administrator, (a) has given the person with lawful custody of the child reasonable notice of the intention to release him or her; and (b) is satisfied that, (i) the child no longer requires the secure treatment program, and (ii) there is an appropriate plan for the child’s care on release from the secure treatment program. Conditional release (2) The administrator may release a child from a secure treatment program temporarily for medical or compassionate reasons, or for a trial placement in an open setting, for such period and on such terms and conditions as the administrator determines. Administrator may release despite court order (3) Subsections (1) and (2) apply despite an order made under subsection 117 (1) (commitment) or 120 (5) (extension).  R.S.O. 1990, c. C.11, s. 121. Review of Commitment
122 (1) Any one of the following persons may apply to the court for an order terminating an order made under subsection 117 (1) (commitment) or 120 (5) (extension): 1. The child, where the child is twelve years of age or more. 2. The child’s parent. 3. The society having care, custody or supervision of the child.  R.S.O. 1990, c. C.11, s. 122 (1). ss. 114 (3), (6-9), 115, 116 apply (2) Subsections 114 (3), (6), (7), (8) and (9) (hearing) and sections 115 (child’s waiver) and 116 (assessment) apply with necessary modifications to an application made under subsection (1).  R.S.O. 1990, c. C.11, s. 122 (2); 1993, c. 27, Sched. Termination of order (3) The court shall make an order terminating a child’s commitment unless the court is satisfied that, (a) the child has a mental disorder; (b) the secure treatment program would continue to be effective to prevent the child from causing or attempting to cause serious bodily harm to himself, herself or another person; (c) no less restrictive method of providing treatment appropriate for the child’s mental disorder is appropriate in the circumstances; and (d) the child is receiving the treatment proposed at the time of the most recent order under subsection 117 (1) or 120 (5), or other appropriate treatment. Idem (4) In making an order under subsection (3), the court shall consider whether there is an appropriate plan for the child’s care on release from the secure treatment program.  R.S.O. 1990, c. C.11, s. 122 (3, 4). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
123 Subsections 120 (3), (4), (5) and (6) and sections 121 and 122 apply with necessary modifications to a person who is eighteen years of age or older and committed to a secure treatment program as if the person were a child.  R.S.O. 1990, c. C.11, s. 123. Emergency Admission
125 (1) A peace officer may take a child to a place where there is a secure treatment program, (a) for emergency admission, at the request of an applicant referred to in subsection 124 (1); or (b) where an order for the child’s commitment to the secure treatment program has been made under section 117. Apprehension of child who leaves (2) Where a child who has been admitted to a secure treatment program leaves the facility in which the secure treatment program is located without the consent of the administrator, a peace officer may apprehend the child with or without a warrant and return the child to the facility. Period of commitment (3) Where a child is returned to a facility under subsection (2), the time that the child was absent from the facility shall not be taken into account in calculating the period of commitment.  R.S.O. 1990, c. C.11, s. 125. Secure Isolation
126 (1) A Director may approve a locked room that complies with the prescribed standards and is located in premises where an approved service or a service purchased by an approved agency is provided, for use for the secure isolation of children or young persons, on such terms and conditions as the Director determines.  R.S.O. 1990, c. C.11, s. 126 (1); 2009, c. 2, s. 11. Withdrawal of approval (2)  Where a Director is of the opinion that a secure isolation room is unnecessary or is being used in a manner that contravenes this Part or the regulations, the Director may withdraw the approval given under subsection (1) and shall give the affected service provider notice of the decision, with reasons.  R.S.O. 1990, c. C.11, s. 126 (2). Section Amendments with date in force (d/m/y) 2009, c. 2, s. 11 - 01/04/2009
127 (1) No service provider or foster parent shall isolate in a locked place a child or young person who is in his or her care or permit the child or young person to be isolated in a locked place, except in accordance with this section and the regulations.  2009, c. 2, s. 12 (1). Secure treatment, secure custody and secure temporary detention (2) Subsection (1) does not prohibit the routine locking at night of rooms in the premises of secure treatment programs or in places of secure custody and places of secure temporary detention under Part IV (Youth Justice).  R.S.O. 1990, c. C.11, s. 127 (2); 2006, c. 19, Sched. D, s. 2 (36). Criteria for use of secure isolation (3) A child or young person may be placed in a secure isolation room where, (a) in the service provider’s opinion, (i) the child’s or young person’s conduct indicates that he or she is likely, in the immediate future, to cause serious property damage or to cause another person serious bodily harm, and (ii) no less restrictive method of restraining the child or young person is practicable; and (b) where the child is less than 12 years of age, a Director gives permission for the child to be placed in a secure isolation room because of exceptional circumstances.  2009, c. 2, s. 12 (2). One-hour limit (4) A child or young person who is placed in a secure isolation room shall be released within one hour unless the person in charge of the premises approves the child’s or young person’s longer isolation in writing and records the reasons for not restraining the child or young person by a less restrictive method.  2009, c. 2, s. 12 (2). Continuous observation of child (5) Subject to subsection (9), the service provider shall ensure that a child or young person who is placed in a secure isolation room is continuously observed by a responsible person.  2009, c. 2, s. 12 (2). Review (6) Where a child or young person is kept in a secure isolation room for more than one hour, the person in charge of the premises shall review the child’s or young person’s isolation at prescribed intervals.  2009, c. 2, s. 12 (2). Release (7) A child or young person who is placed in a secure isolation room shall be released as soon as the person in charge is satisfied that the child or young person is not likely to cause serious property damage or serious bodily harm in the immediate future.  2009, c. 2, s. 12 (2). Maximum periods (8) Subject to subsection (9), in no event shall a child or young person be kept in a secure isolation room for a period or periods that exceed an aggregate of eight hours in a given 24-hour period or an aggregate of 24 hours in a given week.  2009, c. 2, s. 12 (2). Exception (9) A service provider is not required to comply with subsections (5) and (8) with respect to a young person who is aged 16 years or older and who is held in a place of secure custody or of secure temporary detention, but a service provider shall comply with the prescribed standards and procedures in respect of such young persons who are held in such places.  2009, c. 2, s. 12 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (36) - 22/06/2006 2009, c. 2, s. 12 (1, 2) - 01/04/2009
128 (1) A person in charge of premises containing a secure isolation room shall review, (a) the need for the secure isolation room; and (b) the prescribed matters, every three months or, in the case of secure custody or secure temporary detention, every six months from the date on which the secure isolation room is approved under subsection 126 (1), shall make a written report of each review to a Director and shall make such additional reports as are prescribed.  R.S.O. 1990, c. C.11, s. 128; 2009, c. 2, s. 13 (1). (2) Repealed:  2009, c. 33, Sched. 7, s. 1 (8). Section Amendments with date in force (d/m/y) 2009, c. 2, s. 13 (1, 2) - 01/04/2009; 2009, c. 33, Sched. 7, s. 1 (8) - 15/12/2009 Review Teams
129 (1) A service provider who is approved under subsection 130 (1) shall establish an interdisciplinary review team with the duty of reviewing and approving or refusing the proposed use of intrusive procedures. Idem (2) A review team shall consist of, (a) persons employed by the service provider; and (b) one person who is not employed by the service provider and is approved by the Minister, and may also include a legally qualified medical practitioner. Panel (3) Any three members of a review team may review and approve or refuse the proposed use of an intrusive procedure. Report to service provider (4) A review team shall make a report to the service provider concerning every review conducted under subsection (3) and subsection 133 (1) (review of certain recommended procedures). Report to Minister (5) A review team shall make reports of its activities to the Minister at the prescribed intervals.  R.S.O. 1990, c. C.11, s. 129. 130 Repealed.  See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. C.11, s. 130 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 131 Repealed.  See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. C.11, s. 131 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2006, c. 19, Sched. D, s. 2 (37) - no effect - see R.S.O. 1990, c. C.11, s. 131. Psychotropic Drugs
132 (1) A service provider shall not administer or permit the administration of a psychotropic drug to a child in the service provider’s care without, (a) if the child is sixteen years of age or more, the child’s consent; or (b) if the child is less than sixteen years of age, the consent of the child’s parent or, where the child is in a society’s lawful custody, the society’s consent.  R.S.O. 1990, c. C.11, s. 132 (1). Idem (2) A consent referred to in subsection (1) shall identify the psychotropic drug clearly and shall specify, (a) what condition the psychotropic drug is intended to alleviate; (b) the range of intended dosages; (c) the risks and possible side effects associated with the psychotropic drug, and how they vary with different dosages; and (d) the frequency with which and the period of time during which the psychotropic drug is to be administered.  R.S.O. 1990, c. C.11, s. 132 (2). Child’s views and preferences (3) A service provider shall not administer or permit the administration of a psychotropic drug to a child in the service provider’s care who is less than sixteen years of age or lacks capacity within the meaning of section 4 without first considering the child’s views and preferences, where they can be reasonably ascertained, except under subsection (4).  R.S.O. 1990, c. C.11, s. 132 (3). (4), (5) Repealed.  See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. (6) Spent:  R.S.O. 1990, c. C.11, s. 132 (6). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. C.11, s. 132 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 Additional Duty of Review Teams
133 (1) Where it is recommended that a child in the care of or regularly receiving services from a service provider who has established a review team undergo, (a) non-therapeutic medical or chemical experimentation; (b) psychosurgery; (c) non-therapeutic sterilization; or (d) electro-convulsive therapy, three members of the review team shall review the matter and advise the child’s parent or, where the child is in a society’s lawful custody, the society, and the service provider of the review team’s opinion as to the appropriateness of the recommendation. Panel to include medical practitioner (2) One of the members of the review team acting under subsection (1) shall be a legally qualified medical practitioner. Prohibition (3) No procedure referred to in subsection (1) shall be carried out in premises where an approved service or a service purchased by an approved agency is provided.  R.S.O. 1990, c. C.11, s. 133. Professional Advisory Board
134 (1) The Minister may establish a Professional Advisory Board, composed of physicians and other professionals who, (a) have special knowledge in the use of intrusive procedures and psychotropic drugs; (b) have demonstrated an informed concern for the welfare and interests of children; and (c) are not employed by the Ministry. Chair (2) The Minister shall appoint one of the members of the Professional Advisory Board as its chair. Duties of Board (3) The Professional Advisory Board shall, at the Minister’s request, (a) advise the Minister on, (i) prescribing procedures as intrusive procedures, and (ii) making, amending, suspending and revoking approvals under section 130; (b) investigate and review the use of intrusive procedures and psychotropic drugs and make recommendations to the Minister; and (c) review the practices and procedures of service providers with respect to, (i) secure isolation, (ii) intrusive procedures, and (iii) psychotropic drugs, and make recommendations to the Minister.  R.S.O. 1990, c. C.11, s. 134.
135 Any person may request that the Minister refer the matter of the use of secure isolation or an intrusive procedure in respect of a child, or the administration of a psychotropic drug to a child, to the Professional Advisory Board for investigation and review.  R.S.O. 1990, c. C.11, s. 135. PART VII   ADOPTION
138 The court may dispense with a consent required under section 137 for the adoption of a child, except the consent of the child or of a Director, where the court is satisfied that, (a) it is in the child’s best interests to do so; and (b) the person whose consent is required has received notice of the proposed adoption and of the application to dispense with consent, or a reasonable effort to give the notice has been made.  R.S.O. 1990, c. C.11, s. 138.
139 (1) The court may permit a person who gave a consent to the adoption of a child under section 137 to withdraw the consent after the twenty-one day period referred to in subsection 137 (8) where the court is satisfied that it is in the child’s best interests to do so, and where that person had custody of the child immediately before giving the consent, the child shall be returned to him or her as soon as the consent is withdrawn. Exception: child placed for adoption (2) Subsection (1) does not apply where the child has been placed with a person for adoption and remains in that person’s care.  R.S.O. 1990, c. C.11, s. 139. Placement for Adoption 140 Repealed:  2006, c. 5, s. 34. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 34 - 30/11/2006
141 (1) No person except a society or licensee shall, (a) place a child with another person for adoption; or (b) take, send or attempt to take or send a child who is a resident of Ontario out of Ontario to be placed for adoption. Only societies, etc., may bring children into Ontario (2) No person except a society or a licensee whose licence contains a term permitting the licensee to act under this subsection shall bring a child who is not a resident of Ontario into Ontario to be placed for adoption. Licensee to notify Director of placement (3) No licensee except a licensee exempted under subsection (5) shall, (a) place a child with another person for adoption; or (b) take, send or attempt to take or send a child who is a resident of Ontario out of Ontario to be placed for adoption, without first notifying a Director of the proposed placement. Director’s approval required (4) No person shall receive a child for adoption, except from a society or from a licensee exempted under subsection (5), without first receiving a Director’s approval of the placement under clause 142 (2) (a). Designation of licensee (5) A Director may designate a licensee that is an agency as exempt from the requirements of subsections (3) and (4). Placements to be registered (6) A society or licensee who places a child with another person for adoption shall register the placement in the prescribed manner within thirty days of placing the child. Idem: Director (7) A Director who becomes aware of any placement for adoption of a child that has not been registered under subsection (6) shall forthwith register the placement in the prescribed manner. Exception: family adoptions (8) Subsections (1), (2), (3), (4), (6) and (7) do not apply to, (a) the placement for adoption of a child with the child’s relative, the child’s parent or a spouse of the child’s parent; or (b) the taking or sending of a child out of Ontario for adoption by the child’s relative, the child’s parent or a spouse of the child’s parent.  R.S.O. 1990, c. C.11, s. 141; 2016, c. 23, s. 38 (18). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 38 (18)
- 01/01/2017
141.1 A society shall not place a Crown ward for adoption until, (a) the time for commencing an appeal of the order for Crown wardship under subsection 57 (1) or 65.2 (1) has expired; or (b) any appeal of the order for Crown wardship has been finally disposed of or abandoned.  2011, c. 12, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 35 - 30/11/2006 2011, c. 12, s. 2 - 01/09/2011
141.1.1 (1) Nothing in this Act prohibits a society from planning for the adoption of a Crown ward in respect of whom there is an access order in effect under Part III (Child Protection).  2011, c. 12, s. 3. Openness (2) Where a society begins planning for the adoption of a child who is a Crown ward, the society shall consider the benefits of an openness order or openness agreement in respect of the child.  2011, c. 12, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 12, s. 3 - 01/09/2011
141.2 (1) If a society intends to begin planning for the adoption of a child who is an Indian or native person, the society shall give written notice of its intention to a representative chosen by the child’s band or native community.  2006, c. 5, s. 35. Care plan proposed by band or native community (2) Where a representative chosen by a band or native community receives notice that a society intends to begin planning for the adoption of a child who is an Indian or native person, the band or native community may, within 60 days of receiving the notice, (a) prepare its own plan for the care of the child; and (b) submit its plan to the society.  2006, c. 5, s. 35. Condition for placement (3) A society shall not place a child who is an Indian or native person with another person for adoption until, (a) at least 60 days after notice is given to a representative chosen by the band or native community have elapsed; or (b) if a band or native community has submitted a plan for the care of the child, the society has considered the plan.  2006, c. 5, s. 35. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 35 - 30/11/2006
142 (1) A licensee who notifies a Director of a proposed placement under subsection 141 (3) shall at the same time provide the Director with a report of an adoption homestudy of the person with whom placement is proposed, prepared by a person who, in the opinion of the Director or a local director, is qualified to make an adoption homestudy. Director’s approval (2) A Director who receives a report under subsection (1) shall consider it and, as soon as possible, (a) approve the proposed placement; or (b) refuse to approve the placement and give notice of the refusal to the licensee and the person with whom placement is proposed.  R.S.O. 1990, c. C.11, s. 142 (1, 2). Right to hearing (3) Where a Director gives notice under clause (2) (b), the licensee and the person with whom placement is proposed are entitled to a hearing before the Board. Application of other sections (3.1) Sections 197, 199, 201 and 202 of Part IX (Licensing) apply to the hearing with necessary modifications and for that purpose references to the Tribunal shall be deemed to be references to the Board. Extension of time (3.2) If the Board is satisfied that there are reasonable grounds for the licensee or the person with whom placement is proposed to apply for an extension of the time fixed for requiring the hearing and for the Board to grant relief, it may, (a) extend the time either before or after the expiration of the time; and (b) give the directions that it considers proper as a result of extending the time. Recording of evidence (3.3) The evidence taken before the Board at the hearing shall be recorded.  1999, c. 12, Sched. G, s. 16 (2). Placement outside Canada (4) A Director shall not approve the proposed placement of a child outside Canada unless the Director is satisfied that a prescribed special circumstance justifies the placement. Terms and conditions (5) A Director may approve a proposed placement under clause (2) (a) subject to any terms and conditions that the Director considers appropriate, including supervision of the placement by, (a) a specified society, licensee or person; or (b) in the case of a placement outside Ontario, a specified child protection agency recognized in the jurisdiction of the placement.  R.S.O. 1990, c. C.11, s. 142 (4, 5). Right to hearing (6) Where a Director imposes a term or condition on an approval under subsection (5), the licensee and the person with whom placement is proposed are entitled to a hearing before the Board. Application of other sections (7) Sections 198, 199, 201 and 202 of Part IX (Licensing) apply to the hearing with necessary modifications and for that purpose references to the Tribunal shall be deemed to be references to the Board.  1999, c. 12, Sched. G, s. 16 (3). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 16 (2, 3) - 1/04/2000
143 (1) When a child is placed for adoption by a society or licensee, every order respecting access to the child is terminated, including an access order made under Part III (Child Protection) in respect of a Crown ward.  2011, c. 12, s. 4. No interference, etc., with child in placement (2) Where a child has been placed for adoption by a society or licensee and no adoption order has been made, no person shall, (a) interfere with the child; or (b) for the purpose of interfering with the child, visit or communicate with the child or with the person with whom the child has been placed.  R.S.O. 1990, c. C.11, s. 143 (2). Section Amendments with date in force (d/m/y) 2011, c. 12, s. 4 - 01/09/2011 Decision to Refuse to Place Child or to Remove Child after Placement
145 (1) Where a child has been placed for adoption under this Part, no order for the child’s adoption has been made and, (a) the person with whom the child is placed asks the society or licensee that placed the child to remove the child; or (b) the society or licensee proposes to remove the child from the person with whom the child was placed, the society or licensee shall notify a Director.  R.S.O. 1990, c. C.11, s. 145 (1). Idem (2) Where no order for a child’s adoption has been made and a year has expired since, (a) the earlier of the child’s placement for adoption or the giving of the most recent consent under clause 137 (2) (a); or (b) the most recent review under subsection (3), whichever is later, the society or licensee shall notify a Director, unless the child is a Crown ward.  R.S.O. 1990, c. C.11, s. 145 (2). Director to review (3) A Director who receives a notice under subsection (1) or (2) shall conduct a review in accordance with the regulations.  2006, c. 5, s. 37. (4) Repealed:  2006, c. 5, s. 37. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 37 - 30/11/2006 Openness Orders No access order in effect
145.1 (1) If a child who is a Crown ward is the subject of a plan for adoption, and no access order is in effect under Part III, the society having care and custody of the child may apply to the court for an openness order in respect of the child at any time before an order for adoption of the child is made under section 146.  2006, c. 5, s. 38. Notice of application (2) A society making an application under this section shall give notice of the application to, (a) the child, except as otherwise provided under subsection 39 (4) or (5); (b) every person who will be permitted to communicate with or have a relationship with the child if the order is made; (c) any person with whom the society has placed or plans to place the child for adoption; and (d) any society that will supervise or participate in the arrangement under the openness order.  2006, c. 5, s. 38. Openness order (3) The court may make an openness order under this section in respect of a child if the court is satisfied that, (a) the openness order is in the best interests of the child; (b) the openness order will permit the continuation of a relationship with a person that is beneficial and meaningful to the child; and (c) the following entities and persons have consented to the order: (i) the society, (ii) the person who will be permitted to communicate with or have a relationship with the child if the order is made, (iii) the person with whom the society has placed or plans to place the child for adoption, and (iv) the child if he or she is 12 years of age or older.  2006, c. 5, s. 38. Termination of openness order if Crown wardship terminates (4) Any openness order made under this section in respect of a child terminates if the child ceases to be a Crown ward by reason of an order made under subsection 65.2 (1).  2006, c. 5, s. 38; 2011, c. 12, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 38 - 30/11/2006 2011, c. 12, s. 5 - 01/09/2011 Access order in effect
145.1.1 (1) This section applies where, (a) a society intends to place a child who is a Crown ward for adoption; and (b) an order under Part III (Child Protection) has been made respecting a person’s access to the child or the child’s access to another person.  2011, c. 12, s. 6. Notice (2) In the circumstances described in subsection (1), the society shall give notice to the following persons: 1. The person who has been granted an access order. 2. The person with respect to whom an access order has been granted.  2011, c. 12, s. 6. Right to apply for openness order (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.  2011, c. 12, s. 6. Method of giving notice (4) Notice may be given by any of the following methods: 1. 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. if the person is a child, with the child and with the child’s lawyer, if any. 2. Leaving a copy with a lawyer who accepts the notice in writing on a copy of the document.  2011, c. 12, s. 6. 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.  2011, c. 12, s. 6. 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.  2011, c. 12, s. 6. Section Amendments with date in force (d/m/y) 2011, c. 12, s. 6 - 01/09/2011 Access order in effect
145.1.2 (1) A person described in paragraph 1 of subsection 145.1.1 (2) may, within 30 days after notice is received, apply to the court for an openness order.  2011, c. 12, s. 6. Notice of application (2) A person making an application for an openness order under this section shall give notice of the application to, (a) the society having care and custody of the child; (b) the child, except as otherwise provided under subsection 39 (4) or (5); and (c) if the child is bringing the application, the person who will be permitted to communicate with or have a relationship with the child if the order is made.  2011, c. 12, s. 6. Condition on placement (3) A society shall not place a child for adoption before the time for applying for an openness order under subsection (1) has expired unless every person who is entitled to do so has made an application for an openness order under this section.  2011, c. 12, s. 6. Information before placement (4) Where an application for an openness order under this section has been made, a society shall, before placing the child for adoption, advise the person with whom it plans to place the child of the following: 1. The fact that such an application has been made. 2. The relationship of the applicant to the child. 3. The details of the openness arrangement requested.  2011, c. 12, s. 6. Outcome of application (5) Where an application for an openness order under this section has been made, a society shall advise the person with whom the society has placed or plans to place the child for adoption or, after an adoption order is made, the adoptive parent of the outcome of the application.  2011, c. 12, s. 6. Openness order (6) 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 permit the continuation of a relationship with a person that is beneficial and meaningful to the child; and (c) the child has consented to the order, if he or she is 12 years of age or older.  2011, c. 12, s. 6. Same (7) In deciding whether to make an openness order under this section, the court shall consider the ability of the person with whom the society has placed or plans to place the child for adoption or, after the adoption order is made, the adoptive parent to comply with the arrangement under the openness order.  2011, c. 12, s. 6. Consent of society required (8) 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.  2011, c. 12, s. 6. Termination of openness order if Crown wardship terminates (9) Any openness order made under this section in respect of a child terminates if the child ceases to be a Crown ward by reason of an order made under subsection 65.2 (1).  2011, c. 12, s. 6. Temporary orders (10) 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.  2011, c. 12, s. 6. Section Amendments with date in force (d/m/y) 2011, c. 12, s. 6 - 01/09/2011
145.2 (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 145.1 or 145.1.2.  2006, c. 5, s. 38; 2011, c. 12, s. 7 (1). 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 146.  2006, c. 5, s. 38. Notice of application (3) A society or person making an application under this section shall give notice of the application to, (a) the child, except as otherwise provided under subsection 39 (4) or (5); (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.  2006, c. 5, s. 38. Order to vary openness order (4) 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) the proposed order would continue a relationship that is beneficial and meaningful to the child.  2006, c. 5, s. 38. Order to terminate openness order (5) 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) the relationship that is the subject of the order is no longer beneficial and meaningful to the child.  2006, c. 5, s. 38; 2011, c. 12, s. 7 (2). Consent of society required (6) 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.  2006, c. 5, s. 38; 2011, c. 12, s. 7 (3). Alternative dispute resolution (7) 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.  2006, c. 5, s. 38. Temporary orders (8) 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.  2011, c. 12, s. 7 (4). Section Amendments with date in force (d/m/y) 2006, c. 5, s. 38 - 30/11/2006 2011, c. 12, s. 7 (1-4) - 01/09/2011 Adoption Orders Orders for adoption
146 (1) The court may make an order for the adoption of a child who is less than sixteen years of age, or is sixteen years of age or more 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.  R.S.O. 1990, c. C.11, s. 146 (1). 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.  R.S.O. 1990, c. C.11, s. 146 (2); 2016, c. 23, s. 38 (17). Adoption of adult, etc. (3) The court may make an order for the adoption of, (a) a person eighteen years of age or more; or (b) a child who is sixteen years of age or more and has withdrawn from parental control, on another person’s application.  R.S.O. 1990, c. C.11, s. 146 (3). 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. (c)  Repealed:  2005, c. 5, s. 7 (1). R.S.O. 1990, c. C.11, s. 146 (4); 1999, c. 6, s. 6; 2005, c. 5, s. 7 (1). 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.  R.S.O. 1990, c. C.11, s. 146 (5). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 6 - 01/03/2000 2005, c. 5, s. 7 (1) - 09/03/2005 2016, c. 23, s. 38 (17)
- 01/01/2017
147 The court shall not make an order under section 146 on the application of a person who is less than eighteen years of age unless the court is satisfied that special circumstances justify making the order.  R.S.O. 1990, c. C.11, s. 147.
148 Where the court has made an order, (a) dispensing with a consent under section 138; or (b) refusing to permit the late withdrawal of a consent under subsection 139 (1), the court shall not make an order under section 146 until, (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, whichever is later.  R.S.O. 1990, c. C.11, s. 148.