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ontario regulation 486/16

made under the

Child and Family Services Act

Made: December 14, 2016
Filed: December 22, 2016
Published on e-Laws: December 22, 2016
Printed in The Ontario Gazette: January 7, 2017

Amending Reg. 70 of R.R.O. 1990

(GENERAL)

1. Subsection 49.1 (1) of Regulation 70 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(1) For the purposes of Part VII of the Act, a person, other than a foster parent, who satisfies one of the following criteria is a birth parent:

1. A parent of the child under sections 6 to 13 of the Children’s Law Reform Act.

2. An individual who has been found or recognized by a court of competent jurisdiction outside Ontario to be a parent of the child.

3. An individual who, during the 12 months before the child is placed for adoption under Part VII of the Act, has demonstrated a settled intention to treat the child as a child of his or her family, or has acknowledged parentage of the child and provided for the child’s support.

4. An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child.

5. An individual who acknowledged parentage of the child by filing a statutory declaration under section 12 of the Children’s Law Reform Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force.

6. Any person, other than those referred to in paragraphs 1 to 5, who was required to give consent to the child’s adoption under clause 137 (2) (a) of the Act.

Commencement

2. This Regulation comes into force on the later of the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 comes into force and the day this Regulation is filed.

 

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