144 (1) This section applies if, (a) a society decides to refuse an application to adopt a particular child made by a foster parent, or other person; or (b) a society or licensee decides to remove a child who has been placed with a person for adoption.  2006, c. 5, s. 36. Notice of decision (2) The society or licensee who makes a decision referred to in subsection (1) shall, (a) give at least 10 days notice in writing of the decision to the person who applied to adopt the child or with whom the child had been placed for adoption; (b) include in the notice under clause (a) notice of the person’s right to apply for a review of the decision under subsection (3); and (c) if the child is an Indian or native person, (i) give at least 10 days notice in writing of the decision to a representative chosen by the child’s band or native community, and (ii) after the notice is given, consult with the band or community representatives relating to the planning for the care of the child.  2006, c. 5, s. 36. Application for review (3) A person who receives notice of a decision under subsection (2) may, within 10 days after receiving the notice, apply to the Board in accordance with the regulations for a review of the decision subject to subsection (4).  2006, c. 5, s. 36. Where no review (4) If a society receives an application to adopt a child and, at the time of the application, the child had been placed for adoption with another person, the applicant is not entitled to a review of the society’s decision to refuse the application.  2006, c. 5, s. 36. Board hearing (5) Upon receipt of an application under subsection (3) for a review of a decision, the Board shall hold a hearing under this section.  2006, c. 5, s. 36. Where child is Indian or native person (6) Upon receipt of an application for review of a decision relating to a child who is an Indian or native person, the Board shall give a representative chosen by the child’s band or native community notice of the application and of the date of the hearing.  2006, c. 5, s. 36. Practices and procedures (7) The Statutory Powers Procedure Act applies to a hearing under this section and the Board shall comply with such additional practices and procedures as may be prescribed.  2006, c. 5, s. 36. Composition of Board (8) At a hearing under subsection (5), the Board shall be composed of members with the prescribed qualifications and prescribed experience.  2006, c. 5, s. 36. Parties (9) The following persons are parties to a hearing under this section: 1. The applicant. 2. The society. 3. If the child is an Indian or a native person, a representative chosen by the child’s band or native community. 4. Any person that the Board adds under subsection (10).  2006, c. 5, s. 36. Additional parties (10) The Board may add a person as a party to a review if, in the Board’s opinion, it is necessary to do so in order to decide all the issues in the review.  2006, c. 5, s. 36. Board decision (11) The Board shall, in accordance with its determination of which action is in the best interests of the child, confirm or rescind the decision under review and shall give written reasons for its decision.  2006, c. 5, s. 36. Subsequent placement (12) After a society or licensee has made a decision referred to in subsection (1) in relation to a child, the society shall not place the child for adoption with a person other than the person who has a right to apply for a review under subsection (3) unless, (a) the time for applying for a review of the decision under subsection (3) has expired and an application is not made; or (b) if an application for a review of the decision is made under subsection (3), the Board has confirmed the decision.  2006, c. 5, s. 36. No removal before Board decision (13) Subject to subsection (14), if a society or licensee has decided to remove a child from the care of a person with whom the child was placed for adoption, the society or licensee, as the case may be, shall not carry out the proposed removal of the child unless, (a) the time for applying for a review of the decision under subsection (3) has expired and an application is not made; or (b) if an application for a review of the decision is made under subsection (3), the Board has confirmed the decision.  2006, c. 5, s. 36. Where child at risk (14) A society or licensee may carry out a decision to remove a child from the care of a person with whom the child was placed for adoption before the expiry of the time for applying for a review under subsection (3) or at any time after the application for a review is made if, in the opinion of a Director or local director, there would be a risk that the child is likely to suffer harm during the time necessary for a review by the Board.  2006, c. 5, s. 36. Transitional (15) This section as it read immediately before the day this subsection came into force continues to apply where a request to adopt a child or a decision to remove a child was made before that day.  2006, c. 5, s. 36. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 36 - 30/11/2006