jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Regulation, “application for reconsideration” means an application made under subsection 48.8 (1), (2) or (3) of the Act for the reconsideration of an order of the Board; “Board” means the Child and Family Services Review Board; “interested person” with respect to an application for reconsideration, means, (a) the applicant who applied for the order that is the subject of the application for reconsideration, (b) a person who was entitled to request the Board for an opportunity to be heard in connection with the order that is the subject of the application and who was heard by the Board in that connection, or (c) a person who was entitled to make the application, did not do so and has requested the Board in writing to be treated as an interested person, but does not include the applicant under the application for reconsideration. O. Reg. 564/06, s. 1. Application by Adopted Person under Section 48.5 of the Act
Capacity to apply
2. (1) An adopted person is incapable of applying for an order described in subsection 48.5 (1) of the Act if the person is unable to understand the information that is relevant to and that is required for the Board to make the order and is unable to appreciate the reasonably foreseeable consequences of the Board’s not making the order. O. Reg. 564/06, s. 2 (1). (2) An adopted person is presumed to be capable of applying for an order described in subsection 48.5 (1) of the Act unless the person has a guardian, an attorney under a power of attorney made under the Substitute Decisions Act, 1992 or an equivalent substitute decision-maker in a jurisdiction other than Ontario. O. Reg. 564/06, s. 2 (2). (3) The Board shall determine whether an adopted person who applies for an order described in subsection 48.5 (1) of the Act is capable of making the application. O. Reg. 564/06, s. 2 (3). (4) If the Board determines that the applicant is incapable of making the application and if the applicant has a guardian, an attorney under a power of attorney made under the Substitute Decisions Act, 1992 or an equivalent substitute decision-maker in a jurisdiction other than Ontario, the applicant shall be represented on the application by that person. O. Reg. 564/06, s. 2 (4). (5) If the Board determines that the applicant is incapable of making the application and if the applicant does not have a guardian, an attorney under a power of attorney made under the Substitute Decisions Act, 1992 or an equivalent substitute decision-maker in a jurisdiction other than Ontario, the Board may, (a) appoint a person to act on behalf of the applicant on the application; or (b) take the other steps that the Board considers necessary to dispose of the application fairly. O. Reg. 564/06, s. 2 (5).
Form of application
3. An application for an order described in subsection 48.5 (1) of the Act that directs the Registrar General not to give a birth parent the information described in subsection 48.2 (1) of the Act about the adopted person shall, (a) be in writing; (b) be verified by or in the form of a statutory declaration if the Board so requires; (c) contain the information that is necessary for the Registrar General to identify, (i) the original registration, if any, of the adopted person’s birth, and (ii) any registered adoption order respecting the adopted person; and (d) contain copies of all documentation on which the adopted person relies in support of the application. O. Reg. 564/06, s. 3.
Notice to Registrar General
4. (1) The Board shall give the Registrar General the notice mentioned in subsection 48.5 (3) of the Act, respecting an application made under section 48.5 of the Act, promptly after receiving the completed application. O. Reg. 564/06, s. 4 (1); O. Reg. 468/07, s. 2. (2) The notice shall be in writing, in the form that the Registrar General approves and shall contain sufficient information to allow the Registrar General to locate, (a) the original registration, if any, of the adopted person’s birth; and (b) any registered adoption order respecting the adopted person. O. Reg. 564/06, s. 4 (2). (3) The Registrar General shall advise the Board in writing whether or not the Registrar General is able to match the notice with the records described in clauses (2) (a) and (b). O. Reg. 564/06, s. 4 (3).
Board’s response to application
5. (1) In an application made under section 48.5 of the Act, the applicant may request that the Board hold an oral hearing with the applicant to decide whether to make the order for which the applicant is applying and the Board shall hold the oral hearing if so requested. O. Reg. 564/06, s. 5 (1). (2) Upon receiving an application mentioned in subsection (1), the Board may, (a) request that the applicant provide to the Board the further information that it requires in order to decide whether to make the order for which the applicant is applying; or (b) request the applicant to attend before the Board to make representations. O. Reg. 564/06, s. 5 (2). (3) No person, other than the applicant, the applicant’s counsel or agent or other persons that the Board permits, shall be present before the Board when the applicant makes representations to the Board. O. Reg. 564/06, s. 5 (3). (4) The applicant may be represented before the Board by counsel or an agent. O. Reg. 564/06, s. 5 (4).
Opportunity of birth parent to be heard
6. (1) If the Registrar General has received a notice mentioned in subsection 48.5 (3) of the Act, respecting an application made by an adopted person to the Board under section 48.5 of the Act, then on refusing under paragraph 2 of subsection 48.2 (6) of the Act to give a birth parent the information described in subsection 48.2 (1) of the Act about the adopted person, the Registrar General shall give notice in writing to the birth parent of the application, which shall include the Board’s file number for the application. O. Reg. 564/06, s. 6 (1). (2) A request by a birth parent under subsection 48.5 (5) of the Act for an opportunity to be heard by the Board in connection with an application of an adopted person made under section 48.5 of the Act shall be in writing and may include a request for an oral hearing with the birth parent. O. Reg. 564/06, s. 6 (2). (3) If a birth parent submits a request to the Board under subsection (2), the Board shall, (a) provide notice in writing to the adopted person of the request; (b) give a form to the birth parent on which the person can make written representations to the Board; and (c) hold an oral hearing with the birth parent if the person requests it. O. Reg. 564/06, s. 6 (3). (4) If a birth parent makes written representations to the Board, the Board may require that they be verified by or in the form of a statutory declaration. O. Reg. 564/06, s. 6 (4). (5) If a birth parent submits a request to the Board under subsection (2), the Board may, (a) request that the person provide to the Board the further information that it requires in order to decide whether to make an order under subsection 48.5 (7) of the Act; and (b) request the person to attend before the Board to make representations. O. Reg. 564/06, s. 6 (5). (6) No person, other than the birth parent, the birth parent’s counsel or agent or other persons that the Board permits, shall be present before the Board when the birth parent makes representations to the Board. O. Reg. 564/06, s. 6 (6). (7) The birth parent may be represented before the Board by counsel or an agent. O. Reg. 564/06, s. 6 (7). (8) If a birth parent submits a request to the Board under subsection (2), the Board may disclose to the birth parent information obtained from the applicant under the application made under section 48.5 of the Act if the Board is of the opinion that doing so is necessary to allow the birth parent to respond to allegations pertaining to the birth parent in connection with the application. O. Reg. 564/06, s. 6 (8). (9) If the Board discloses information to a birth parent under subsection (8), it shall do so in a form that does not identify any person other than the birth parent. O. Reg. 468/07, s. 3.
Withdrawal or abandonment of application
7. (1) An applicant who has made an application under section 48.5 of the Act may withdraw the application by notifying the Board in writing at any time before the Board makes or refuses to make the order for which the applicant has applied. O. Reg. 564/06, s. 7 (1). (2) The Board may treat an application made under section 48.5 of the Act as abandoned if the applicant does not, within the time period that the Board sets, respond to a request that the Board makes with respect to the application. O. Reg. 564/06, s. 7 (2). (3) If an application is withdrawn or abandoned, the Board shall give notice of that fact to the Registrar General and all persons who, under section 48.5 of the Act, requested an opportunity to be heard. O. Reg. 564/06, s. 7 (3). (4) The Board shall give the notice promptly in the form that the Registrar General approves. O. Reg. 564/06, s. 7 (4); O. Reg. 468/07, s. 4 (1). (5) The Board shall include, with the notice that it gives to the Registrar General, sufficient information to allow the Registrar General to locate, (a) the original registration, if any, of the adopted person’s birth; and (b) any registered adoption order respecting the adopted person. O. Reg. 468/07, s. 4 (2).
Notice of order or refusal
8. (1) Upon making an order or refusing to make an order under subsection 48.5 (7) of the Act, the Board shall give the following to the applicant who applied for the order and all persons who, under section 48.5 of the Act, requested an opportunity to be heard: 1. Notice in writing of the order or refusal to make the order. 2. Reasons for making or refusing to make the order, if the recipient requests them. O. Reg. 564/06, s. 8 (1). (2) If the Board makes an order under subsection 48.5 (7) of the Act with respect to an adopted person, it shall include with the certified copy of the order that it gives to the Registrar General under subsection 48.5 (9) of the Act sufficient information to allow the Registrar General to locate, (a) the original registration, if any, of the adopted person’s birth; and (b) any registered adoption order respecting the adopted person. O. Reg. 564/06, s. 8 (2). (3) The Board shall give the certified copy of the order and the information described in subsection (2) to the Registrar General promptly after making the order. O. Reg. 564/06, s. 8 (3); O. Reg. 468/07, s. 5. (4) If the Board refuses to make an order under subsection 48.5 (7) of the Act with respect to an adopted person and directs the Registrar General under subsection 48.5 (8) of the Act to delay disclosing information with respect to the adopted person, it shall promptly give to the Registrar General notice of the refusal in the form that the Registrar General approves and sufficient information to allow the Registrar General to locate, (a) the original registration, if any, of the adopted person’s birth; and (b) any registered adoption order respecting the adopted person. O. Reg. 564/06, s. 8 (4); O. Reg. 468/07, s. 5. Application by Adoptive Parent under Section 48.6 of the Act
Application of other sections
9. Sections 3 to 8 of this Regulation apply to an application by an adoptive parent under section 48.6 of the Act and references in those sections of this Regulation to subsections 48.5 (1), (7) and (8) of the Act shall be read as references to subsections 48.6 (2), (3) and (6) of the Act respectively. O. Reg. 564/06, s. 9. Application by Birth Parent under Section 48.7 of the Act
Application of other sections
10. Sections 3, 4, 5, 7 and 8 of this Regulation apply to an application by a birth parent under section 48.7 of the Act with necessary modifications and references in those sections of this Regulation to subsections 48.5 (1), (7) and (8) of the Act shall be read as references to subsections 48.7 (1), (3) and (6) of the Act respectively. O. Reg. 564/06, s. 10.
Opportunity of adopted person to be heard
11. (1) If the Registrar General has received a notice respecting an application made by a birth parent to the Board under section 48.7 of the Act, then on refusing under subsection 48.1 (7) of the Act to give an adopted person the uncertified copies of documents described in subsection 48.1 (1) of the Act, the Registrar General shall give notice in writing to the adopted person of the application, which shall include the Board’s file number for the application. O. Reg. 564/06, s. 11 (1). (2) A request by an adopted person under subsection 48.7 (2) of the Act for an opportunity to be heard by the Board in connection with an application of a birth parent made under subsection 48.7 (1) of the Act shall be in writing and may include a request for an oral hearing with the adopted person. O. Reg. 564/06, s. 11 (2). (3) If an adopted person submits a request to the Board under subsection (2), the Board shall, (a) provide notice in writing to the birth parent of the request; (b) give a form to the adopted person on which the person can make written representations to the Board; and (c) hold an oral hearing with the adopted person if the person requests it. O. Reg. 564/06, s. 11 (3). (4) If an adopted person makes written representations to the Board, the Board may require that they be verified by or in the form of a statutory declaration. O. Reg. 564/06, s. 11 (4). (5) If an adopted person submits a request to the Board under subsection (2), the Board may, (a) request that the person provide to the Board the further information that it requires in order to decide whether to make an order under subsection 48.7 (3) of the Act; and (b) request the person to attend before the Board to make representations. O. Reg. 564/06, s. 11 (5). (6) No person, other than the adopted person, the adopted person’s counsel or agent or other persons that the Board permits, shall be present before the Board when the adopted person makes representations to the Board. O. Reg. 564/06, s. 11 (6). (7) The adopted person may be represented before the Board by counsel or an agent. O. Reg. 564/06, s. 11 (7). (8) If an adopted person submits a request to the Board under subsection (2), the Board may disclose to the adopted person information obtained from the applicant under the application described in subsection 48.7 (1) of the Act if the Board is of the opinion that doing so is necessary to allow the adopted person to respond to allegations pertaining to the adopted person in connection with the application. O. Reg. 564/06, s. 11 (8); O. Reg. 468/07, s. 6 (1). (9) If the Board discloses information to an adopted person under subsection (8), it shall do so in a form that does not identify any person other than the adopted person. O. Reg. 468/07, s. 6 (2). Reconsideration of Orders
Notice of prohibition order
12. (1) Upon refusing, under subsection 48.1 (8) of the Act, to give an adopted person the uncertified copies of documents described in subsection 48.1 (1) of the Act, the Registrar General shall give notice in writing to the adopted person of the order made by the Board prohibiting disclosure. O. Reg. 564/06, s. 12 (1). (2) Upon refusing, under paragraph 2 of subsection 48.2 (7) of the Act, to give a birth parent the information described in subsection 48.2 (1) of the Act, the Registrar General shall give notice in writing to the birth parent of the order made by the Board prohibiting disclosure. O. Reg. 564/06, s. 12 (2). (3) A notice given under subsection (1) or (2) shall include the Board’s file number for the order. O. Reg. 564/06, s. 12 (3).
Capacity to apply
13. Section 2 applies to an application under subsection 48.8 (1) or (3) of the Act as if it were an application made under subsection 48.5 (1) of the Act. O. Reg. 564/06, s. 13.
Form and time for application
14. (1) An application for reconsideration shall, (a) be in writing; (b) be verified by or in the form of a statutory declaration if the Board so requires; (c) contain the Board’s file number for the order that is the subject of the application; and (d) contain copies of all documentation on which the applicant relies in support of the application. O. Reg. 564/06, s. 14 (1). (2) An application for reconsideration shall be made within, (a) 30 days from the time that the Board made the order that is the subject of the application, if the applicant is a person described in paragraph 1 or 2 of subsection 48.8 (1), paragraph 1 of subsection 48.8 (2) or paragraph 1 of subsection 48.8 (3) of the Act; (b) 60 days from the time that the Registrar General refused to give the information described in subsection 48.2 (1) about the adopted person, if the applicant is a person described in paragraph 3 of subsection 48.8 (1) or paragraph 2 of subsection 48.8 (2) of the Act; or (c) 60 days from the time that the Registrar General refused to give the uncertified copies of documents described in subsection 48.1 (1) of the Act, if the applicant is a person described in paragraph 2 or 3 of subsection 48.8 (3) of the Act. O. Reg. 564/06, s. 14 (2). (3) The Board may permit a person entitled to make an application for reconsideration to make the application after the expiry of the applicable time limit set out in subsection (2) if it is satisfied that there are reasonable grounds to do so. O. Reg. 468/07, s. 7.
Board’s response to application
15. (1) In an application for reconsideration, the applicant may request that the Board hold an oral hearing when reconsidering its order and the Board shall hold an oral hearing if so requested. O. Reg. 564/06, s. 15 (1). (2) Upon receiving an application for reconsideration, the Board may, (a) request that the applicant provide to the Board the further information that it requires in reconsidering the order that is the subject of the application; or (b) request the applicant to attend before the Board to make representations. O. Reg. 564/06, s. 15 (2). (3) No person, other than the applicant, the applicant’s counsel or agent or other persons that the Board permits, shall be present before the Board when the applicant makes representations to the Board. O. Reg. 564/06, s. 15 (3). (4) The applicant may be represented before the Board by counsel or an agent. O. Reg. 564/06, s. 15 (4).
Interested persons
16. (1) Upon receiving an application for reconsideration, the Board shall give written notice of the application to every interested person by registered mail at the address for service that the person has provided to the Board. O. Reg. 564/06, s. 16 (1). (2) While an application for reconsideration is pending, an interested person with respect to the application may request an opportunity to be heard by the Board in connection with the application. O. Reg. 564/06, s. 16 (2). (3) The request for an opportunity to be heard shall be in writing and may include a request for an oral hearing. O. Reg. 564/06, s. 16 (3). (4) If an interested person submits a request to the Board under subsection (2), the Board shall, (a) provide notice in writing of the request to the applicant under the application for reconsideration; (b) give a form to the interested person on which the person can make written representations to the Board; and (c) hold an oral hearing if the interested person requests it. O. Reg. 564/06, s. 16 (4). (5) If an interested person makes written representations to the Board, the Board may require that they be verified by or in the form of a statutory declaration. O. Reg. 564/06, s. 16 (5). (6) If an interested person submits a request to the Board under subsection (2), the Board may, (a) request that the person provide to the Board other information with respect to matters raised by the application for reconsideration as the Board considers necessary in order to allow the Board to decide whether to reconsider its order; and (b) request the person to attend before the Board to make representations. O. Reg. 564/06, s. 16 (6). (7) No person, other than the interested person, the interested person’s counsel or agent or other persons that the Board permits, shall be present before the Board when the interested person makes representations to the Board. O. Reg. 564/06, s. 16 (7). (8) The interested person may be represented before the Board by counsel or an agent. O. Reg. 564/06, s. 16 (8). (9) If an interested person submits a request to the Board under subsection (2), the Board may disclose to the interested person information obtained from the applicant under the application for reconsideration if the Board is of the opinion that doing so is necessary to allow the interested person to respond to allegations pertaining to the interested person in connection with the application. O. Reg. 564/06, s. 16 (9). (10) If the Board discloses information to an interested person under subsection (9), it shall do so in a form that does not identify any person other than the interested person. O. Reg. 468/07, s. 8.
Withdrawal or abandonment of application
17. (1) An applicant who has made an application for reconsideration may withdraw the application by notifying the Board in writing at any time before the Board issues its decision on the application. O. Reg. 564/06, s. 17 (1). (2) The Board may treat an application for reconsideration as abandoned if the applicant does not, within the time period that the Board sets, respond to a request that the Board makes with respect to the application. O. Reg. 564/06, s. 17 (2). (3) If an application is withdrawn or abandoned, the Board shall give notice of that fact to every interested person by registered mail at the address for service that the person has provided to the Board. O. Reg. 564/06, s. 17 (3).
Notice of decision
18. (1) Upon deciding to confirm or rescind its order on a reconsideration, the Board shall give the following to the applicant under the application for reconsideration and all interested persons: 1. Notice in writing of the decision. 2. Reasons for the decision, if the recipient requests them. O. Reg. 564/06, s. 18 (1). (2) If the Board rescinds its order with respect to an adopted person, the notice of rescission that subsection 48.8 (9) of the Act requires it to give to the Registrar General shall be in the form that the Registrar General approves and shall include sufficient information to allow the Registrar General to locate, (a) the original registration, if any, of the adopted person’s birth; and (b) any registered adoption order respecting the adopted person. O. Reg. 564/06, s. 18 (2). (3) The Board shall give the notice and the information described in subsection (2) to the Registrar General promptly after rescinding its order. O. Reg. 564/06, s. 18 (3); O. Reg. 468/07, s. 9. Notice of Waiver by Adopted Person
Guarantor required
19. A notice described in subsection 48.10 (1) of the Act under which an adopted person waives the protection of any prohibition under section 48.9 of the Act is prescribed for the purposes of paragraph 3 of subsection 45.1 (1) of the Act. O. Reg. 564/06, s. 19. Prohibition Against Disclosure where Adopted Person a Victim of Abuse
Determination of abuse
20. (1) For the purposes of section 48.9 of the Act, an adopted person was a victim of abuse by the birth parent if the adopted person suffered serious physical, sexual or emotional harm and the harm suffered was a result of the actions, failure to act or pattern of neglect on the part of the birth parent. O. Reg. 468/07, s. 10. (2) Upon receiving notice under subsection 48.9 (10) of the Act that the local director of a children’s aid society has determined that the adopted person was a victim of abuse by the birth parent and that the Registrar General is prohibited, by virtue of section 48.9 of the Act, from giving the information described in subsection 48.2 (1) to the birth parent, the Registrar General shall give a copy of the notice to the birth parent and inform the birth parent that he or she may apply to the Board for reconsideration of the determination. O. Reg. 468/07, s. 10.
Withdrawal or abandonment of application
22. (1) The birth parent who has applied under section 21 for a reconsideration of a determination may withdraw the application by notifying the Board in writing at any time before the Board affirms or rescinds the determination. O. Reg. 468/07, s. 10. (2) The Board may treat an application made under section 21 as abandoned if the birth parent does not, within the time period that the Board sets, respond to a request that the Board makes with respect to the application. O. Reg. 468/07, s. 10. (3) If an application made under section 21 is withdrawn or abandoned, the Board shall promptly give notice of that fact, (a) by courier to the local director who made the determination that was the subject of the application; (b) to the designated custodian mentioned in section 48.9 of the Act; and (c) to the Registrar General. O. Reg. 468/07, s. 10. (4) The notice shall be in the form that the Registrar General approves. O. Reg. 468/07, s. 10. (5) The Board shall include, with the notice that it gives to the Registrar General, sufficient information to allow the Registrar General to locate, (a) the original registration, if any, of the adopted person’s birth; and (b) any registered adoption order respecting the adopted person. O. Reg. 468/07, s. 10.