136 (1) In this Part, “birth parent” means a person who satisfies the prescribed criteria; (“père ou mère de naissance”) “birth relative” means, (a) in respect of a child who has not been adopted, a relative of the child, and (b) in respect of a child who has been adopted, a person who would have been a relative of the child if the child had not been adopted; (“parent de naissance”) “birth sibling” means, in respect of a person, a child of the same birth parent as the person, and includes a child adopted by the birth parent and a person whom the birth parent has demonstrated a settled intention to treat as a child of his or her family; (“frère ou soeur de naissance”) “licensee” means the holder of a licence issued under Part IX (Licensing) to place children for adoption; (“titulaire de permis”) “openness agreement” means an agreement referred to in section 153.6; (“accord de communication”) “openness order” means an order made by a court in accordance with this Act for the purposes of facilitating communication or maintaining a relationship between the child and, (a) a birth parent, birth sibling or birth relative of the child, (b) a person with whom the child has a significant relationship or emotional tie, including a foster parent of the child or a member of the child’s extended family or community, or (c) 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; (“ordonnance de communication”) “spouse” has the same meaning as in Parts I and II of the Human Rights Code. (“conjoint”)  R.S.O. 1990, c. C.11, s. 136 (1); 2006, c. 5, s. 33; 2016, c. 23, s. 38 (6-9). Best interests of child (2) Where a person is directed in this Part to make an order or determination in the best interests of a child, the person shall take into consideration those of the following circumstances of the case that he or she considers relevant: 1. The child’s physical, mental and emotional needs, and the appropriate care or treatment to meet those needs. 2. The child’s physical, mental and emotional level of development. 3. The child’s cultural background. 4. The religious faith, if any, in which the child is being raised. 5. The importance for the child’s development of a positive relationship with a parent and a secure place as a member of a family. 6. The child’s relationships by birth or through an adoption order. 7. The importance of continuity in the child’s care and the possible effect on the child of disruption of that continuity. 8. The child’s views and wishes, if they can be reasonably ascertained. 9. The effects on the child of delay in the disposition of the case. 10. Any other relevant circumstance.  R.S.O. 1990, c. C.11, s. 136 (2); 2016, c. 23, s. 38 (10). Where child an Indian or native person (3) Where a person is directed in this Part to make an order or determination in the best interests of a child and the child is an Indian or native person, the person shall take into consideration the importance, in recognition of the uniqueness of Indian and native culture, heritage and traditions, of preserving the child’s cultural identity.  R.S.O. 1990, c. C.11, s. 136 (3). Section Amendments with date in force (d/m/y) 2006, c. 5, s. 33 (1, 2) - 30/11/2006 2016, c. 23, s. 38 (6-10) - 01/01/2017 Consent to Adoption