jswizzle3737/ontario_laws_and_regs huggingface dataset:
149 (1) Where an application is made for an order for the adoption of a child under subsection 146 (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 146 (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 146 (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 146 (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, and referring to any additional circumstances that the Director wishes to bring to the court’s attention.  R.S.O. 1990, c. C.11, s. 149 (1); 1993, c. 27, Sched. Local director may make statement (2) Where a child was placed by a society and has resided with the applicant for at least six months, the statement under subsection (1) may be made and filed by the local director. Amendment of statement, etc. (3) The Director or local director, as the case may be, may amend the statement referred to in subsection (1) at any time and may attend at the hearing and make submissions. Where recommendation negative (4) Where the statement under subsection (1) 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 thirty days before the hearing. Report of child’s adjustment (5) The statement under subsection (1) 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: court may require statement (6) Where an application is made for an order for the adoption of a child under subsection 146 (2), the court may order that subsections (1), (3), (4) and (5) shall apply to the application.  R.S.O. 1990, c. C.11, s. 149 (2-6). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
150 (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.  R.S.O. 1990, c. C.11, s. 150. Rules re applications
151 (1) An application for an adoption order shall be heard and dealt with in the absence of the public.  R.S.O. 1990, c. C.11, s. 151 (1). 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.  R.S.O. 1990, c. C.11, s. 151 (2); 2006, c. 21, Sched. C, s. 100 (1). Stale applications (3) Where an application for an adoption order is not heard within twelve 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.  R.S.O. 1990, c. C.11, s. 151 (3). No right to notice (4) No person, (a) who has given a consent under clause 137 (2) (a) and has not withdrawn it; (b) whose consent has been dispensed with under section 138; or (c) who is a parent of a Crown ward who is placed for adoption, is entitled to receive notice of an application under section 146.  R.S.O. 1990, c. C.11, s. 151 (4). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 100 (1) - 01/05/2007
152 (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.  R.S.O. 1990, c. C.11, s. 152 (1); 1993, c. 27, Sched. Duty of court (2) The court shall not make an order for the adoption of a child under subsection 146 (1) or (2) unless the court is satisfied that, (a) every person who has given a consent under section 137 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 146 (1) or (2), the court shall, (a) inquire into the child’s capacity to understand and appreciate the nature of the application; and (b) consider the child’s views and wishes, if they can be reasonably ascertained, and 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 146 (3), the court shall consider the person’s views and wishes and, on request, hear the person.  R.S.O. 1990, c. C.11, s. 152 (2-4). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
153 (1)  Subject to subsection (1.1), when the court makes an order under section 146, 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 he or she 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. 2016, c. 5, Sched. 33, s. 7. 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 years of age or more. 2016, c. 5, Sched. 33, s. 7. 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 137 (9).  R.S.O. 1990, c. C.11, s. 153 (2). Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 33, s. 7 - 01/01/2017
153.2 (1) An appeal from a court’s order under section 145.2 or 153.1 may be made to the Superior Court of Justice by,   (a) the child if the child had legal representation in a proceeding under section 145.2 or 153.1; or (b) any person who was entitled to notice of the application to vary or terminate the openness order that is the subject of the appeal.  2006, c. 5, s. 39. Temporary order (2) Pending final disposition of the appeal, the Superior Court of Justice may on any party’s motion make a temporary order in the child’s best interests that varies or suspends an openness order.  2006, c. 5, s. 39. No time extension (3) No extension of the time for an appeal shall be granted.  2006, c. 5, s. 39. Further evidence (4) The court may receive further evidence relating to events after the appealed decision.  2006, c. 5, s. 39. 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.  2006, c. 5, s. 39. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 39 - 30/11/2006
153.3 Subsections 151 (1) and (2) apply with necessary modifications to proceedings under sections 145.1, 145.1.2, 145.2, 153.1 and 153.2.  2006, c. 5, s. 39; 2011, c. 12, s. 9. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 39 - 30/11/2006 2011, c. 12, s. 9 - 01/09/2011
153.4 A child who receives notice of a proceeding under section 145.1, 145.1.2, 145.2, 153.1 or 153.2 is entitled to participate in the proceeding as if he or she were a party.  2006, c. 5, s. 39; 2011, c. 12, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 39 - 30/11/2006 2011, c. 12, s. 10 - 01/09/2011
153.5 (1) A child may have legal representation at any stage in a proceeding under section 145.1, 145.1.2, 145.2 or 153.1 and subsection 38 (2) applies with necessary modifications to such a proceeding.  2006, c. 5, s. 39; 2011, c. 12, s. 11. Children’s Lawyer (2) Where the court determines that legal representation is desirable, the court may, with the consent of the Children’s Lawyer, authorize the Children’s Lawyer to represent the child.  2006, c. 5, s. 39. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 39 - 30/11/2006 2011, c. 12, s. 11 - 01/09/2011 Openness Agreements
153.6 (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. If the child is an Indian or native person, a member of the child’s band or native community who may not have had a significant relationship or emotional tie with the child in the past but will help the child recognize the importance of his or her Indian or native culture and preserve his or her heritage, traditions and cultural identity.  2006, c. 5, s. 40; 2016, c. 23, s. 38 (12, 13). When agreement may be made (2) An openness agreement may be made at any time before or after an adoption order is made.  2006, c. 5, s. 40. 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.  2006, c. 5, s. 40. Views and wishes of child (4) Where the views and wishes of the child can be reasonably ascertained, they shall be considered before an openness agreement is made.  2006, c. 5, s. 40. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 40 - 30/11/2006 2016, c. 23, s. 38 (12, 13) - 01/01/2017 Interim Orders
154 (1) Where an application is made for an order for the adoption of a child under subsection 146 (1) or (2), the court, after considering the statement made under subsection 149 (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 137 and 138 (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 146 (1) or (2) where the statement made under subsection 149 (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.  R.S.O. 1990, c. C.11, s. 154.
155 An adoption order under subsection 146 (1) or (2) or an interim custody order under subsection 154 (1) may be made in respect of a person who is the subject of an earlier adoption order.  R.S.O. 1990, c. C.11, s. 155. Appeals Appeals
156 (1) An appeal from a court’s order under section 146 may be made to the Superior Court of Justice by, (a) the applicant for the adoption order; and (b) the Director or local director who made the statement under subsection 149 (1).  R.S.O. 1990, c. C.11, s. 156 (1); 1999, c. 2, s. 35. Idem: dispensing with consent (2) An appeal from a court’s order under section 138 dispensing with a consent may be made to the Superior Court of Justice by, (a) the persons referred to in subsection (1); and (b) the person whose consent was dispensed with.  R.S.O. 1990, c. C.11, s. 156 (2); 1999, c. 2, s. 35. Idem: late withdrawal of consent (3) An appeal from a court’s order under subsection 139 (1) permitting the late withdrawal of a consent may be made to the Superior Court of Justice by, (a) the persons referred to in subsection (1); and (b) the person who gave the consent.  R.S.O. 1990, c. C.11, s. 156 (3); 1999, c. 2, s. 35. No extension of time for appeal (4) No extension of the time for an appeal shall be granted. 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. Hearing in private (6) An appeal under this section shall be heard in the absence of the public.  R.S.O. 1990, c. C.11, s. 156 (4-6). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 35 - 31/03/2000 Effect of Adoption Order
157 (1) An adoption order under section 146 is final and irrevocable, subject only to section 156 (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.  R.S.O. 1990, c. C.11, s. 157. 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 146 for the adoption of the child.  2006, c. 5, s. 41. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 41 - 30/11/2006
158 (1) In this section, “adopted child” means a person who was adopted in Ontario.  R.S.O. 1990, c. C.11, s. 158 (1). 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 his or her 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.  R.S.O. 1990, c. C.11, s. 158 (2); 2006, c. 5, s. 42. 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).  R.S.O. 1990, c. C.11, s. 158 (3). Reference in will or other document (4) In any will or other document made at any time before or after the 1st day of November, 1985, 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 shall be 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.  R.S.O. 1990, c. C.11, s. 158 (4). Application of section (5) This section applies and shall be deemed always to have applied with respect to any adoption made under any Act heretofore 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 1st day of November, 1985.  R.S.O. 1990, c. C.11, s. 158 (5); 2009, c. 33, Sched. 7, s. 1 (9). 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.  R.S.O. 1990, c. C.11, s. 158 (6). Section Amendments with date in force (d/m/y) 2006, c. 5, s. 42 - 30/11/2006 2009, c. 33, Sched. 7, s. 1 (9) - 15/12/2009
159 An adoption effected according to the law of another jurisdiction, before or after the 1st day of November, 1985, has the same effect in Ontario as an adoption under this Part.  R.S.O. 1990, c. C.11, s. 159.
160 (1)  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. R.S.O. 1990, c. C.11, s. 160 (1); 2016, c. 23, s. 38 (14). (2)  Repealed: 2016, c. 23, s. 38 (15). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 38 (14, 15) - 01/01/2017 Records, Confidentiality and Disclosure
161 At the request of a person whose consent to an adoption was required under clause 137 (2) (a) or a predecessor of that provision 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.  R.S.O. 1990, c. C.11, s. 161.
162 (1) In this section, “court” includes the Superior Court of Justice.  R.S.O. 1990, c. C.11, s. 162 (1); 1999, c. 2, s. 35. Requirement to seal documents (2) Subject to subsections (3) and 162.2 (2), the documents used on an application for an adoption order under this Part or a predecessor of this Part 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.  2005, c. 25, s. 15 (1, 2). Transmission of order (3) Within thirty 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 transmit, (a) the original order to the adoptive parent; (b)  Repealed:  2005, c. 25, s. 15 (3). (c) one certified copy to the Registrar General under the Vital Statistics Act, or, if the adopted child was born outside Ontario, two certified copies; (d) if the adopted child is an Indian, one certified copy to the Registrar under the Indian Act
(Canada); (e) one certified copy to such other persons as may be prescribed.  R.S.O. 1990, c. C.11, s. 162 (3); 2005, c. 25, s. 15 (3, 4). 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 162.1. 2. A person who, by virtue of a regulation made under clause 220 (1) (c.5), reviews or hears appeals of decisions concerning the disclosure of information under section 162.2 or 162.3. 3. A person referred to in subsection 162.2 (1) or 162.3 (1).  2005, c. 25, s. 15 (5). 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.  2005, c. 25, s. 15 (5). 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.  2005, c. 25, s. 15 (5). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 35 - 31/03/2000 2005, c. 25, s. 15 (1-5) - 17/09/2007
162.1 (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.  2005, c. 25, s. 16. 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.  2005, c. 25, s. 16. 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.  2005, c. 25, s. 16. (4) Repealed:  2008, c. 5, s. 12. Agreements (5) 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.  2005, c. 25, s. 16. Section Amendments with date in force (d/m/y) 2005, c. 25, s. 16 - 17/09/2007 2008, c. 5, s. 12 - 15/05/2008
162.2 (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 162.1 such information that relates to adoptions as may be prescribed in such circumstances as may be prescribed.  2005, c. 25, s. 16. 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.  2005, c. 25, s. 16. Section Amendments with date in force (d/m/y) 2005, c. 25, s. 16 - 17/09/2007 Disclosure to others
162.3 (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.  2005, c. 25, s. 16. 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.  2005, c. 25, s. 16. 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.  2005, c. 25, s. 16. By a custodian (4) A designated custodian under section 162.1 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.  2005, c. 25, s. 16. Section Amendments with date in force (d/m/y) 2005, c. 25, s. 16 - 17/09/2007
162.4 Sections 162.2 and 162.3 apply with respect to information that relates to an adoption regardless of when the adoption order was made.  2005, c. 25, s. 16. Section Amendments with date in force (d/m/y) 2005, c. 25, s. 16 - 17/09/2007 163 (1) Repealed:  2005, c. 25, s. 17 (1). (2) Repealed:  2005, c. 25, s. 17 (6). (3) Repealed:  2005, c. 25, s. 17 (7). (4) Repealed:  2005, c. 25, s. 17 (8). Section Amendments with date in force (d/m/y) 2005, c. 25, s. 17 (3, 4, 8) - 03/01/2006; 2005, c. 25, s. 17 (5) - 18/08/2007; 2005, c. 25, s. 17 (1, 2, 6, 7) - 17/09/2007 164 Repealed:  2005, c. 25, s. 18. Section Amendments with date in force (d/m/y) 2005, c. 25, s. 18 - 17/09/2007 Confidentiality of Adoption Records
175 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 137 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 an approved agency or by the Minister to an adoptive parent or to a person with whom a child is placed for adoption.  R.S.O. 1990, c. C.11, s. 175.
176 (1) A person who contravenes subsection 141 (1), (2) or (3) (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 $2,000 or to imprisonment for a term of not more than two years, or to both. Idem (2) A person who contravenes subsection 141 (4) (receiving child) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than two years, or to both. Idem (3) A person who contravenes subsection 143 (2) (interference with child) is guilty of an offence and on conviction is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or to both. Idem (4) A person who contravenes section 175 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 period (5) A proceeding under subsection (1), (2) or (4) shall not be commenced after the expiration of two years after the date on which the offence was, or is alleged to have been, committed.  R.S.O. 1990, c. C.11, s. 176. 176.1 Section Amendments with date in force (d/m/y) 2005, c. 25, s. 30 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2015 Injunction
177 (1) The Superior Court of Justice may grant an injunction to restrain a person from contravening subsection 143 (2), on the society’s or licensee’s application.  R.S.O. 1990, c. C.11, s. 177 (1); 1999, c. 2, s. 35. Variation, etc. (2) The Court may vary or terminate an order made under subsection (1), on any person’s application.  R.S.O. 1990, c. C.11, s. 177 (2). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 35 - 31/03/2000 PART VIII   CONFIDENTIALITY OF AND ACCESS TO RECORDS 178 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. 178 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2005, c. 5, s. 7 (2) - 09/03/2005
179 (1), (2) Repealed.  See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Exception re adoption-related information (2.1) This Part does not apply to information given to a designated custodian under section 162.2 or to another person under section 162.3.  2005, c. 25, s. 31 (2). (3) Spent:  R.S.O. 1990, c. C.11, s. 179 (3). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. C.11, s. 179 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 1999, c. 2, s. 31 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2004, c. 3, Sched. A, s. 78 (7) - 01/11/2004 2005, c. 25, s. 31 (1, 2) - 17/09/2007 Disclosure of Records 180 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. 180 - 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 (38) - no effect - see R.S.O. 1990, c. C.11, s. 180 181, 182 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. 181, 182 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011
192 In this Part, “children’s residence” means, (a) a parent model residence where five or more children not of common parentage, or (b) a staff model residence where three or more children not of common parentage, live and receive residential care, and includes a foster home or other home or institution that is supervised or operated by a society or a place of temporary detention or a place of secure or of open custody, but does not include, (c) a house licensed under the Private Hospitals Act, Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) of the definition of “children’s residence” in section 192 of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 9, s. 87) (c) a community health facility within the meaning of the Oversight of Health Facilities and Devices Act, 2017 that was formerly licensed under the Private Hospitals Act, (d) a child care centre as defined in the Child Care and Early Years Act, 2014, (e) a recreational camp under the Health Protection and Promotion Act, (f) a home for special care under the Homes for Special Care Act, (g) a school or private school as defined in the Education Act, (h) a hostel intended for short term accommodation, (i) a hospital that receives financial aid from the Government of Ontario, or (j) a group home or similar facility that receives financial assistance from the Minister of Correctional Services but receives no financial assistance from the Minister under this Act; (“foyer pour enfants”) “non-profit agency” means a corporation without share capital that has objects of a charitable nature and, (a) to which Part III of the Corporations Act applies, or Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is amended by striking out “Part III of the Corporations Act” and substituting “the Not-for-Profit Corporations Act, 2010 or a predecessor of that Act”.  See: 2010, c. 15, ss. 217, 249. (b) that is incorporated by or under a general or special Act of the Parliament of Canada; (“agence sans but lucratif”) “parent model residence” means a building, group of buildings or part of a building where not more than two adult persons live and provide care for children on a continuous basis; (“foyer de type familial”) “staff model residence” means a building, group of buildings or part of a building where adult persons are employed to provide care for children on the basis of scheduled periods of duty. (“foyer avec rotation de personnel”) R.S.O. 1990, c. C.11, s. 192; 2009, c. 2, s. 14; 2014, c. 11, Sched. 6, s. 2 (2). Section Amendments with date in force (d/m/y) 2009, c. 2, s. 14 - 01/04/2009 2010, c. 15, s. 217 - not in force 2014, c. 11, Sched. 6, s. 2 (2) - 31/08/2015 2017, c. 25, Sched. 9, s. 87 -not in force Where Licence Required Licences
193 (1) No person shall, (a) establish, operate or maintain a children’s residence; or (b) provide, directly or indirectly, residential care for three or more children not of common parentage in places that are not children’s residences, except under the authority of a licence issued by a Director under this Part. Idem: placement for adoption (2) No person other than a society shall place a child for adoption, except under the authority of a licence issued by a Director under this Part. Issuing licence (3) Subject to section 195, 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 terms and conditions imposed by the Director. Idem (4) Despite subsection (3), (a) a licence shall not be issued to a partnership or association of persons; and (b) a licence to place a child for adoption shall only be issued to an individual or a non-profit agency. Renewal of licence (5) Subject to section 196, 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 terms and conditions imposed by the Director. Provisional licence or renewal (6) 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 terms and conditions as the Director may prescribe, issue a provisional licence for the period that the Director considers necessary to give the applicant time to meet the requirements. Not transferable (7) A licence is not transferable. Placements must be in accord with Act and regulations (8) No licensee shall place a child in a residential placement except in accordance with this Act and the regulations.  R.S.O. 1990, c. C.11, s. 193.
193.1 During the course of a licence, a Director may impose terms and conditions on the licence or amend the terms and conditions on the licence.  2009, c. 33, Sched. 7, s. 1 (10). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 7, s. 1 (10) - 15/12/2009 Powers of Program Supervisor
194 (1) For the purpose of ensuring compliance with this Act and the regulations a program supervisor may, at all reasonable times, upon producing proper identification, enter, (a) the premises of a licensee; (b) a children’s residence; or (c) a place where a child receives residential care, and may inspect the facilities, the services provided, the books of account and the records relating to the services, and make copies of those books and records or remove them from the premises to copy them as may be reasonably required. Offence (2) No person shall hinder, obstruct or attempt to hinder or obstruct a program supervisor in the performance of the program supervisor’s duties or knowingly give false information about the premises or services to a program supervisor. Idem (3) No licensee or person in charge of premises referred to in clause (1) (a), (b) or (c) shall refuse to give a program supervisor access to the books and records referred to in subsection (1) or refuse to give a program supervisor information about the premises or services that the program supervisor reasonably requires. Regulations re exercise of power of entry (4) A program supervisor shall exercise the power of entry set out in subsection (1) in accordance with the regulations.  R.S.O. 1990, c. C.11, s. 194. Refusal and Revocation
195. A Director may 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 carry on the activity for which the licence is required in a responsible manner in accordance with this Act and the regulations; (b) the past conduct of the applicant or an employee of the applicant or, where the applicant is a corporation, of an officer or director of the corporation, affords reasonable grounds for belief that the activity for which the licence is required will not be carried on in a responsible manner in accordance with this Act and the regulations; or (c) the premises in which the applicant proposes to establish, operate and maintain a children’s residence or to provide residential care, as the case may be, do not comply with the requirements of this Part and the regulations.  R.S.O. 1990, c. C.11, s. 195.
196 A Director may refuse to renew or may revoke 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 his or her control or direction or associated with him or her to contravene, (i) this Act or the regulations, (ii) another Act, or the regulations made under another Act, that applies to the activity for which the licence is required, or (iii) a term or condition of the licence; (b) the premises where the children’s residence is located or the residential care is provided do not comply with the requirements of this Part and the regulations; (c) the activity for which the licence is required is carried on in a manner that is prejudicial to the children’s health, safety or welfare; (d) 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 by another Act or the regulations made under another Act that applies to the activity for which the licence is required; or (e) a change has occurred in the employees, officers or directors of the applicant that would, if the applicant were applying for the licence in the first instance, afford grounds under clause 195 (b) for refusing to issue the licence.  R.S.O. 1990, c. C.11, s. 196. Hearing by Tribunal Hearings arising out of s. 195 or 196
197 (1) Where a Director proposes to refuse to issue a licence under section 195 or to refuse to renew or to revoke a licence under section 196, the Director shall cause notice of the proposal, together with written reasons, to be served on the applicant or licensee, who may require a hearing.  R.S.O. 1990, c. C.11, s. 197 (1). Request for hearing (2) A notice under subsection (1) shall inform the applicant or licensee that the applicant or licensee is entitled to a hearing by the Tribunal if he, she or it mails or delivers to the Director and to the Tribunal, within ten days after the notice under subsection (1) is served, a written request for a hearing.  R.S.O. 1990, c. C.11, s. 197 (2); 1999, c. 12, Sched. G, s. 16 (4). Note: Despite the amendment made by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 16 (4), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000.  See: 1999, c. 12, Sched. G, s. 16 (5). Powers of Director where no hearing required (3) Where an applicant or licensee does not require a hearing under subsection (2), the Director may carry out the proposal.  R.S.O. 1990, c. C.11, s. 197 (3). Powers of Tribunal where hearing required (4) Where an applicant or licensee requires 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, and the Tribunal may substitute its opinion for that of the Director.  R.S.O. 1990, c. C.11, s. 197 (4); 1999, c. 12, Sched. G, s. 16 (4). Note: Despite the amendment made by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 16 (4), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000.  See: 1999, c. 12, Sched. G, s. 16 (5). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 16 (4, 5) - 01/04/2000
198 (1) A licensee who is dissatisfied with the terms and conditions prescribed by a Director under subsection 193 (3), (5) or (6) or section 193.1 is entitled to a hearing by the Tribunal if the licensee mails or delivers to the Director and to the Tribunal, within fifteen days after receiving the licence, a written request for a hearing.  R.S.O. 1990, c. C.11, s. 198 (1); 1999, c. 12, Sched. G, s. 16 (4); 2009, c. 33, Sched. 7, s. 1 (11). Note: Despite the amendment made by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 16 (4), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000.  See: 1999, c. 12, Sched. G, s. 16 (5). Powers of Tribunal (2) Where a licensee requires 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 terms and conditions; (b) strike out any or all of the terms and conditions; or (c) impose such other terms and conditions as the Tribunal considers appropriate.  R.S.O. 1990, c. C.11, s. 198 (2); 1999, c. 12, Sched. G, s. 16 (4). Note: Despite the amendment made by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 16 (4), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000.  See: 1999, c. 12, Sched. G, s. 16 (5). Receipt of licence (3) For the purposes of subsection (1), a licensee shall be deemed to receive the licence on the tenth day after the day of its mailing, unless the licensee establishes that he, she or it did not receive it or did not, through absence, accident, illness or another cause beyond the licensee’s control, acting in good faith, receive the licence until a later date.  R.S.O. 1990, c. C.11, s. 198 (3). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 16 (4, 5) - 01/04/2000 2009, c. 33, Sched. 7, s. 1 (11) - 15/12/2009
199 (1) Repealed:  1999, c. 12, Sched. G, s. 16 (6). Continuation of licence pending renewal (2) Subject to section 200, where a licensee has applied for renewal of the licence and paid the prescribed fee within the prescribed time or, if no time is prescribed, before the licence expires, the licence shall be deemed to continue, (a) until the renewal is granted; or (b) where the licensee is served with notice that the Director proposes 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.  R.S.O. 1990, c. C.11, s. 199 (2); 1999, c. 12, Sched. G, s. 16 (7). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 16 (6, 7) - 01/04/2000
200 (1) A Director may, by causing notice to be served on a licensee, provisionally and without a hearing suspend the licence where, in the Director’s opinion, the manner in which the children’s residence is operated, residential care is provided or children are placed for adoption, as the case may be, is an immediate threat to the health, safety or welfare of the children. Contents of notice (2) A notice served under subsection (1) shall contain a statement of the grounds for suspending the licence. When suspension takes effect (3) A provisional suspension takes effect on the date that the licensee receives the notice. s. 197 (2-4) apply (4) Where a notice is served under subsection (1), subsections 197 (2), (3) and (4) apply with necessary modifications.  R.S.O. 1990, c. C.11, s. 200. Rules re proceedings
201 (1) The Director, the applicant or licensee who requires the hearing and any other persons that the Tribunal specifies are parties to a proceeding under this Part.  R.S.O. 1990, c. C.11, s. 201 (1); 1999, c. 12, Sched. G, s. 16 (7). Members with prior involvement (2) A member of the Tribunal who has taken part before a hearing in any investigation or consideration of its subject matter, including a review under section 188 of Part VIII (Confidentiality of and Access to Records) that relates to the applicant or licensee, shall not take part in the hearing.  R.S.O. 1990, c. C.11, s. 201 (2); 1999, c. 12, Sched. G, s. 16 (7). Discussion of subject matter of hearing (3) A member of the Tribunal who takes part in a hearing shall not communicate with any person, except another member, a solicitor who is not the solicitor of any party, or an employee of the Tribunal, about the subject matter of the hearing, unless all parties are notified and given an opportunity to participate.  R.S.O. 1990, c. C.11, s. 201 (3); 1999, c. 12, Sched. G, s. 16 (7). When Tribunal seeks independent legal advice (4) The Tribunal may seek independent legal advice about the subject matter of a hearing and, if it does so, shall disclose the nature of the advice to the parties to enable them to respond.  R.S.O. 1990, c. C.11, s. 201 (4); 1999, c. 12, Sched. G, s. 16 (7). Examination of documentary evidence (5) A party to a proceeding under this Part shall be given an opportunity, before the hearing, to examine any written or documentary evidence that will be produced and any report whose contents will be given in evidence at the hearing.  R.S.O. 1990, c. C.11, s. 201 (5). (6) Repealed:  1999, c. 12, Sched. G, s. 16 (8). Only members at hearing to participate in decision, etc. (7) No member of the Tribunal shall participate in a decision of the Tribunal under this Part unless he or she was present throughout the hearing and heard the evidence and argument of the parties and, unless the parties consent, the Tribunal shall not make a decision under this Part unless all the members who were present at the hearing participate in the decision.  R.S.O. 1990, c. C.11, s. 201 (7); 1999, c. 12, Sched. G, s. 16 (9). Final decision of Tribunal within ninety days (8) Despite section 21 of the Statutory Powers Procedure Act, the Tribunal shall make a final decision and notify the parties of it within ninety days from the day the Tribunal receives the applicant’s or licensee’s request for a hearing under subsection 197 (2) or 198 (1).  R.S.O. 1990, c. C.11, s. 201 (8); 1999, c. 12, Sched. G, s. 16 (9). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 16 (7-9) - 01/04/2000 Appeal
202 (1) An appeal lies to the Divisional Court from the Tribunal’s decision under this Part.  R.S.O. 1990, c. C.11, s. 202 (1); 1999, c. 12, Sched. G, s. 16 (10). Record to be filed in the court (2) Where notice of an appeal is served under this section, the Tribunal shall forthwith file with the court the record of the proceeding in which the decision appealed from was made.  R.S.O. 1990, c. C.11, s. 202 (2); 1999, c. 12, Sched. G, s. 16 (11). Minister entitled to be heard (3) The Minister is entitled to be heard, by counsel or otherwise, on the argument of an appeal under this section.  R.S.O. 1990, c. C.11, s. 202 (3). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 16 (10, 11) - 01/04/2000 Delivery of Licence and Records Records and licence, removal of children
203 (1) A licensee whose licence is revoked or who ceases to carry on the activity for which the licence is required shall deliver up to the Minister the licence and all the records in the licensee’s possession or control that relate to the children to whom services were being provided. Removal of children (2) Where a licence to operate a children’s residence or to provide residential care is suspended or revoked, the parent of every child in the children’s residence or other place where residential care is provided shall arrange for the child’s removal from the residence or other place as soon as is practicable, having regard to the child’s best interests, and the Minister may assist in finding an alternative placement for the child.  R.S.O. 1990, c. C.11, s. 203. Occupation by Minister