O. Reg. 464/07: ADOPTION INFORMATION DISCLOSURE
under Child and Family Services Act, R.S.O. 1990, c. C.11
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Loi sur les services à l’enfance et à la famille
ONTARIO REGULATION 464/07
ADOPTION INFORMATION DISCLOSURE
Historical version for the period September 17, 2007 to December 6, 2007.
No amendments.
This Regulation is made in English only.
CONTENTS
PART I | |
Definitions | |
Application | |
PART II | |
Designation of custodians | |
MCSS custodian | |
Custodians for purposes of Vital Statistics Act | |
ServiceOntario custodian | |
PART III | |
Register continued | |
Administration of register by MCSS custodian | |
Adding names to register | |
Register examinations and disclosure of information | |
Requests for non-identifying information | |
Disclosure of non-identifying information by MCSS custodian | |
Disclosure of non-identifying information by children’s aid society | |
Disclosure re: out of province adoptions | |
Application of sections of Vital Statistics Act | |
Search by MCSS custodian | |
Request by adopted person, etc. | |
Request by birth family member | |
Request for information under Vital Statistics Act | |
Search for minor | |
Disclosure of information | |
PART IV | |
Disclosure to Department of Indian Affairs and Northern Development | |
Disclosure to PGT or estate trustee | |
Disclosure to other jurisdiction | |
PART V | |
Disclosure to MCSS custodian | |
Disclosure of certified copy of adoption order | |
Disclosure under Vital Statistics Act | |
Disclosure to and by CFSRB custodian | |
Disclosure when making requests for information | |
Openness orders and agreements | |
ServiceOntario | |
Disclosure to officers and employees | |
PART VI | |
Transitional, adoption disclosure register | |
Transitional, non-identifying information | |
Transitional, severe medical searches | |
Transitional, transfer of information | |
PART I
DEFINITIONS AND APPLICATION
Definitions
“adopted person” means a person in respect of whom an order, judgment or decree of adoption is registered under subsection 28 (1) of the Vital Statistics Act or a predecessor of that subsection, except in sections 14 and 24;
“birth family member” means, with respect to an adopted person, the adopted person’s birth parents and any other person related to the birth parent including the birth grandparents and any birth siblings, but does not include a descendant of the adopted person;
“birth grandparent” means, with respect to an adopted person, a parent of one of the adopted person’s birth parents;
“CFSRB custodian” means the Manager of Operations at the Child and Family Services Review Board designated as a custodian under paragraph 3 of subsection 3 (1);
“MCSS custodian” means the Director of the Management Support Branch at the Ministry of Community and Social Services designated as a custodian under paragraph 1 of subsection 3 (1);
“non-identifying information” means one or more pieces of information in relation to an individual the disclosure of which, whether disclosed separately or together, will not reveal the identity of the individual and includes,
(a) background information relating to,
(i) an adopted person’s birth parents, birth grandparents, birth siblings and other birth family members, or
(ii) an adopted person’s adoptive parents and adoptive family,
(b) the circumstances leading to an adoption placement,
(c) the details relating to the birth of an adopted person,
(d) the care received by the person prior to an adoption placement,
(e) the developmental progress of the adopted person,
(f) the date of an adoption placement or of an adoption order, and
(g) the name of the children’s aid society or of the licensee responsible for the adoption placement;
“ORG custodian” means the Team Manager responsible for adoption information disclosure services in the Office of the Registrar General at the Ministry of Government Services designated as a custodian under paragraph 2 of subsection 3 (1);
“Registrar General” means the Registrar General under the Vital Statistics Act;
“ServiceOntario custodian” means the Director of the Contact Centre Services Branch at ServiceOntario, part of the Ministry of Government Services designated as a custodian under paragraph 4 of subsection 3 (1). O. Reg. 464/07, s. 1.
Application
2. This Regulation, excluding sections 14 and 24, applies with respect to any adoption if the order, judgment or decree of adoption is registered under subsection 28 (1) of the Vital Statistics Act or a predecessor of that subsection. O. Reg. 464/07, s. 2.
PART II
DESIGNATION OF CUSTODIANS
Designation of custodians
3. (1) For the purposes of subsection 162.1 (1) of the Act, the following persons are designated as custodians of adoption information:
1. The Director of the Management Support Branch at the Ministry of Community and Social Services. (MCSS custodian)
2. The Team Manager responsible for adoption information disclosure services in the Office of the Registrar General at the Ministry of Government Services. (ORG custodian)
3. The Manager of Operations at the Child and Family Services Review Board. (CFSRB custodian)
4. The Director of the Contact Centre Services Branch at ServiceOntario, a part of the Ministry of Government Services. (ServiceOntario custodian) O. Reg. 464/07, s. 3 (1).
(2) The custodians shall perform such duties and exercise such powers as are specified in this Regulation. O. Reg. 464/07, s. 3 (2).
MCSS custodian
4. The duties of the MCSS custodian are as follows:
1. To maintain and administer an adoption disclosure register in accordance with sections 8, 9 and 10.
2. To deal with requests for non-identifying information under sections 11, 12 and 14.
3. To perform searches in relation to adopted persons in cases of severe medical illnesses in accordance with sections 16 and 20 and to disclose information in accordance with section 21.
4. To perform such other duties as are described in Part IV. O. Reg. 464/07, s. 4.
Custodians for purposes of Vital Statistics Act
5. (1) For the purposes of subsection 162.1 (4) of the Act, the ORG custodian is prescribed as the designated custodian who shall exercise all the powers and perform all the duties of the designated custodian under section 48.9 of the Vital Statistics Act. O. Reg. 464/07, s. 5 (1).
(2) The CFSRB custodian is a designated custodian for the purposes of receiving and disclosing information relating to adoptions in accordance with section 28. O. Reg. 464/07, s. 5 (2).
ServiceOntario custodian
6. The ServiceOntario custodian is a designated custodian for purposes of receiving and disclosing information relating to the status of applications or requests made to the MCSS custodian under Part III. O. Reg. 464/07, s. 6.
PART III
DISCLOSURE OF INFORMATION TO ADOPTED PERSONS, BIRTH PARENTS AND THEIR RELATIVES
Register continued
7. The register maintained by the Registrar of Adoption Information under clause 163 (2) (a) of the Act, as it read immediately before the day subsection 17 (2) of the Adoption Information Disclosure Act, 2005 came into force, is continued and shall be known as the adoption disclosure register. O. Reg. 464/07, s. 7.
Administration of register by MCSS custodian
8. (1) The MCSS custodian shall maintain and administer the adoption disclosure register. O. Reg. 464/07, s. 8 (1).
(2) The duties of the MCSS custodian in administering the adoption disclosure register include,
(a) adding to the register the name of any person who applies to have his or her name added to the register under section 9 and who meets the requirements of that section;
(b) removing from the register the name of any person who requests that his or her name be removed under subsection 9 (7);
(c) conducting examinations of the register to determine if the name of an adopted person that appears on the register can be matched to that of his or her birth parent, birth grandparent or birth sibling; and
(d) if a match is found, disclosing information to persons named on the register in accordance with subsection 10 (2). O. Reg. 464/07, s. 8 (2).
(3) For greater certainty, disclosure of information in relation to an adopted person or birth parent in accordance with subsection 10 (2) is not prevented by the fact that,
(a) the adopted person or birth parent,
(i) has registered a notice specifying his or her preferences as to how to be contacted under sections 48.3 of the Vital Statistics Act,
(ii) has registered a notice that he or she does not wish to be contacted under section 48.4 of the Vital Statistics Act, or
(iii) has applied for or been granted a prohibition order under section 48.5, 48.6 or 48.7 of the Vital Statistics Act; or
(b) a local director of a children’s aid society has made a determination that the adopted person was a victim of abuse by the birth parent under subsection 48.9 (7) of the Vital Statistics Act. O. Reg. 464/07, s. 8 (3).
Adding names to register
9. (1) The following persons may apply to the MCSS custodian to have their names added to the adoption disclosure register:
1. An adopted person who is at least 18 years of age.
2. The birth parent or birth grandparent of an adopted person.
3. The birth sibling of an adopted person, if the birth sibling is at least 18 years of age. O. Reg. 464/07, s. 9 (1).
(2) An applicant shall include the following information in his or her application:
1. The applicant’s name and address.
2. Information to satisfy the MCSS custodian that he or she is a person described in subsection (1).
3. In the case of an application by an adopted person, a statement indicating whether the adopted person wishes to contact any or all of his or her birth parents, birth grandparents or birth siblings or, if not, specifying which of these birth family members the adopted person wishes to contact.
4. Information as to how the applicant wishes to be contacted if the MCSS custodian’s examination of the adoption disclosure register results in a match between the applicant and either an adopted person or the adopted person’s birth parent, birth grandparent or birth sibling, as the case may be.
5. Any information respecting the adopted person, and his or her birth parents, birth grandparents or birth siblings, of which the applicant has knowledge, for purposes of assisting the MCSS custodian in making a match described in paragraph 4. O. Reg. 464/07, s. 9 (2).
(3) Upon receipt of an application from a person described in subsection (1), the MCSS custodian shall satisfy himself or herself that the applicant meets the requirements of subsection (1) and, if so, add the name of the applicant to the adoption disclosure register. O. Reg. 464/07, s. 9 (3).
(4) If the MCSS custodian determines that the applicant does not meet the requirements of subsection (1), the custodian shall inform the applicant that his or her name has not been added to the adoption disclosure register and of the reasons for not adding the name. O. Reg. 464/07, s. 9 (4).
(5) If the MCSS custodian adds the name of the applicant to the adoption disclosure register, he or she shall inform the applicant of that fact and advise the applicant that he or she,
(a) should inform the custodian of any changes in the contact information provided in the application; and
(b) may request that his or her name be removed from the register at any time. O. Reg. 464/07, s. 9 (5).
(6) It is the responsibility of any person whose name appears on the adoption disclosure register to advise the MCSS custodian if there are any changes in the information provided in the application. O. Reg. 464/07, s. 9 (6).
(7) If a person whose name appears on the register requests that the MCSS custodian remove his or her name from the register, the custodian shall promptly do so. O. Reg. 464/07, s. 9 (7).
Register examinations and disclosure of information
10. (1) The MCSS custodian shall regularly examine the adoption disclosure register to determine,
(a) whether the name of an adopted person can be matched to that of his or her birth parent, birth grandparent or birth sibling; or
(b) in a case where an adopted person specified that he or she wished only to be contacted by one or more specified birth parent, birth grandparent or birth sibling, whether the name of the adopted person can be matched to that of the specified birth family member. O. Reg. 464/07, s. 10 (1).
(2) If in examining the adoption disclosure register, the MCSS custodian determines that the name of an adopted person can be matched to that of his or her birth parent, birth grandparent or birth sibling under clause (1) (a) or to that of a specified birth family member under clause (1) (b), the custodian shall disclose,
(a) the name of the adopted person and the contact information provided by the adopted person to the matched birth parent, birth grandparent or birth sibling; and
(b) the name of the birth parent, birth grandparent or birth sibling and the contact information provided by those persons to the matched adopted person. O. Reg. 464/07, s. 10 (2).
(3) Before disclosing information under subsection (2), the MCSS custodian shall make reasonable inquiries in order to satisfy himself or herself as to the identity and relationship of the persons named in the register. O. Reg. 464/07, s. 10 (3).
Disclosure of Non-Identifying Information
Requests for non-identifying information
11. (1) A person referred to in subsection (2) may submit a request for non-identifying information in relation to an adoption,
(a) to the MCSS custodian; or
(b) if the adopted person was placed for adoption by a children’s aid society, to the children’s aid society that placed the adopted person for adoption. O. Reg. 464/07, s. 11 (1).
(2) A request for non-identifying information may be made only by,
(a) an adopted person, if he or she is at least 18 years of age or has the written consent of an adoptive parent;
(b) an adoptive parent;
(c) the son or daughter of an adopted person if the adopted person is deceased and the son or daughter is at least 18 years of age;
(d) a birth parent;
(e) a birth grandparent;
(f) a birth sibling who is at least 18 years of age;
(g) a sibling of a birth parent if the sibling is at least 18 years of age. O. Reg. 464/07, s. 11 (2).
Disclosure of non-identifying information by MCSS custodian
12. (1) Upon receipt of a request for non-identifying information by a person listed in subsection 11 (2), the MCSS custodian shall determine whether the person making the request was placed for adoption by a children’s aid society or by a licensee. O. Reg. 464/07, s. 12 (1).
(2) If the person was placed for adoption by a children’s aid society, the MCSS custodian shall refer the person to that society and inform the person of his or her right to apply directly to the society for the non-identifying information under section 13. O. Reg. 464/07, s. 12 (2).
(3) If the person was placed for adoption by a licensee, the MCSS custodian shall require the Director of the Management Support Branch at the Ministry of Children and Youth Services to provide all the information in that ministry’s possession related to the adoption to the MCSS custodian. O. Reg. 464/07, s. 12 (3).
(4) The Director of the Management Support Branch at the Ministry of Children and Youth Services shall comply with a request made under subsection (3) and the MCSS custodian shall,
(a) prepare the information in accordance with subsection (5); and
(b) provide the prepared information to the person who made the request. O. Reg. 464/07, s. 12 (4).
(5) The information provided by the Director of the Management Support Branch at the Ministry of Children and Youth Services shall be prepared by the MCSS custodian in accordance with the following rules:
1. If it is practicable to do so, the MCSS custodian shall make copies of any written documents and delete any information from the documents that may reveal the identity of a person other than the person who requested the information.
2. If it is not practicable to make a copy of a written document, the MCSS custodian shall prepare a written summary of the information, omitting any information from the summary that may reveal the identity of a person other than the person who requested the information. O. Reg. 464/07, s. 12 (5).
Disclosure of non-identifying information by children’s aid society
13. (1) Upon receipt of a request for non-identifying information by a person listed in subsection 11 (2), the children’s aid society shall determine whether it has any information relating to the adoption and shall,
(a) if the society’s files relating to the adoption have been destroyed, damaged or lost and information relating to the adoption is, or is likely to be, in the possession of the Ministry of Children and Youth Services, request that the MCSS custodian obtain the information and provide it to the children’s aid society; and
(b) if any other children’s aid society provided a service to the adopted person or the birth parent before the adoption, request that other society to provide any information with respect to the adoption in its possession to the society that received the request. O. Reg. 464/07, s. 13 (1).
(2) Upon receipt of a request from a children’s aid society, the MCSS custodian shall request that the Director of the Management Support Branch at the Ministry of Children and Youth Services provide all information in that ministry’s possession in relation to the adoption to the custodian. O. Reg. 464/07, s. 13 (2).
(3) The Director of the Management Support Branch at the Ministry of Children and Youth Services shall comply with a request made under subsection (2) and the MCSS custodian shall provide the information received to the children’s aid society. O. Reg. 464/07, s. 13 (3).
(4) A children’s aid society that receives a request for information relating to an adoption from another children’s aid society shall comply with the request. O. Reg. 464/07, s. 13 (4).
(5) The children’s aid society shall prepare any information relating to the adoption in its possession or obtained under subsection (3) or (4) in accordance with subsection 12 (5) and provide the information to the person who made the request. O. Reg. 464/07, s. 13 (5).
Disclosure re: out of province adoptions
“adopted person” means a person adopted by means of an out of province adoption;
“out of province adoption” means an adoption where the order, decree or judgment of adoption is made in a jurisdiction outside Ontario, is not registered in Ontario under subsection 28 (1) of the Vital Statistics Act or a predecessor of that subsection and relates to the adoption of,
(a) a person born outside Ontario by adoptive parents who are residents of Ontario, or
(b) a person born in Ontario by adoptive parents residing in a jurisdiction outside Ontario. O. Reg. 464/07, s. 14 (1).
(2) For the purposes of this section, any reference to a birth parent, birth grandparent, birth sibling or birth family member is a reference to the birth parent, birth grandparent, birth sibling or birth family member of an adopted person as defined in subsection (1). O. Reg. 464/07, s. 14 (2).
(3) A person referred to in subsection (4) may submit a request for non-identifying information relating to an out of province adoption,
(a) to the MCSS custodian; or
(b) if a children’s aid society was involved with the adopted person or the birth parents before the adoption, to the children’s aid society. O. Reg. 464/07, s. 14 (3).
(4) A request for non-identifying information may be made only by,
(a) an adopted person, if he or she is at least 18 years of age or has the written consent of an adoptive parent;
(b) an adoptive parent;
(c) the son or daughter of an adopted person if the adopted person is deceased and the son or daughter is at least 18 years of age;
(d) a birth parent;
(e) a birth grandparent;
(f) a birth sibling who is at least 18 years of age;
(g) a sibling of a birth parent if the sibling is at least 18 years of age. O. Reg. 464/07, s. 14 (4).
(5) Upon receipt of a request for non-identifying information relating to an out of province adoption by a person listed in subsection (4), the MCSS custodian shall,
(a) require the Director of the Management Support Branch at the Ministry of Children and Youth Services to provide any information that ministry has relating to the adoption to the MCSS custodian; and
(b) if a children’s aid society has or is likely to have information relating to the adoption, refer the applicant to the society. O. Reg. 464/07, s. 14 (5).
(6) The Director of the Management Support Branch at the Ministry of Children and Youth Services shall provide any information that ministry has relating to the out of province adoption to the MCSS custodian, who shall,
(a) prepare the information in accordance with subsection (7); and
(b) provide the prepared information to the person who made the request. O. Reg. 464/07, s. 14 (6).
(7) The information provided by the Director of the Management Support Branch at the Ministry of Children and Youth Services shall be prepared by the MCSS custodian in accordance with the following rules:
1. If it is practicable to do so, the MCSS custodian shall make copies of any written documents and delete any information from the documents that may reveal the identity of a person other than the person who requested the information.
2. If it is not practicable to make a copy of a written document, the MCSS custodian shall prepare a written summary of the information, omitting any information from the summary that may reveal the identity of a person other than the person who requested the information. O. Reg. 464/07, s. 14 (7).
(8) If a request for non-identifying information relating to an out of province adoption is made to a children’s aid society under this section, section 13 applies with necessary modifications. O. Reg. 464/07, s. 14 (8).
Application of sections of Vital Statistics Act
15. For greater certainty, a disclosure of non-identifying information in relation to an adopted person or birth parent that is authorized under section 12, 13 or 14 is not prevented by the fact that,
(a) the adopted person or birth parent,
(i) has registered a notice specifying his or her preferences as to how to be contacted under sections 48.3 of the Vital Statistics Act,
(ii) has registered a notice that he or she does not wish to be contacted under section 48.4 of the Vital Statistics Act, or
(iii) has applied for or been granted a prohibition order under section 48.5, 48.6 or 48.7 of the Vital Statistics Act; or
(b) a local director of a children’s aid society has made a determination that the adopted person was a victim of abuse by the birth parent under subsection 48.9 (7) of the Vital Statistics Act. O. Reg. 464/07, s. 15.
Search and Disclosure in Cases of Severe Medical Illness
Search by MCSS custodian
16. (1) Subject to subsection (2), the MCSS custodian shall perform a search under this section if,
(a) one or more of the following persons suffers from a severe mental or physical illness or has suffered from such an illness in the past:
(i) an adopted person, the son or daughter of an adopted person or any other descendant of an adopted person, or
(ii) an adopted person’s birth parent, birth grandparent, birth sibling or any other birth family member; and
(b) either the person requesting the search will derive a direct medical benefit should the search result in the location of the person being sought or there is reason to believe that the person being sought will derive a direct medical benefit. O. Reg. 464/07, s. 16 (1).
(2) The MCSS custodian shall perform a search under this section only if,
(a) a request for the search is made by a person specified in section 17 or 18;
(b) the request is made in the circumstances specified in those sections; and
(c) the search is for such persons as may be specified in the request in accordance with those sections. O. Reg. 464/07, s. 16 (2).
(3) The MCSS custodian shall have a discreet and reasonable search made for the persons specified in the request. O. Reg. 464/07, s. 16 (3).
(4) In this section and in sections 17 and 18,
“direct medical benefit” means a significant increase in the likelihood of diagnosing a severe mental or physical illness or of treating the illness. O. Reg. 464/07, s. 16 (4).
Request by adopted person, etc.
17. (1) Subject to subsection (4), an adopted person, the son or daughter of an adopted person or any other descendant of an adopted person who suffers from a severe mental or physical illness and has suffered from such an illness in the past may request that the MCSS custodian conduct a search under section 16 for any birth family member of the adopted person specified in the request if,
(a) the person who requests the search will derive a direct medical benefit should a search by the MCSS custodian result in the location of the birth family member; or
(b) there are reasons to believe that the birth family member who is the object of the search,
(i) may suffer from a severe mental or physical illness or have a medically established risk of contracting such an illness, and
(ii) will derive a direct medical benefit from being located. O. Reg. 464/07, s. 17 (1).
(2) Subject to subsection (4), an adopted person, the son or daughter of an adopted person or any other descendant of an adopted person who does not suffer from a severe mental or physical illness or has not suffered from such an illness in the past may request that the MCSS custodian conduct a search under section 16 for any birth family member of the adopted person specified in the request if,
(a) any other person authorized to make a request under this subsection suffers from such an illness or has suffered from such an illness in the past; and
(b) there are reasons to believe that a birth family member who is the object of the search,
(i) may suffer from a severe mental or physical illness or have a medically established risk of contracting such an illness, and
(ii) will derive a direct medical benefit from being located. O. Reg. 464/07, s. 17 (2).
(3) If an adopted person suffered from a severe mental or physical illness and has died and the conditions described in clause (2) (b) are met, a request that the MCSS custodian conduct a search under section 16 for any birth family member of the adopted person specified in the request may be made by any of the following persons:
1. The adopted person’s spouse.
2. The executor of the adopted person’s estate.
3. A person who is,
i. a member of the College of Physicians and Surgeons of Ontario, a member of the College of Psychologists of Ontario or a member of the College of Nurses of Ontario who holds a certificate of registration in the extended class, or
ii. legally authorized to practise medicine or psychology in a jurisdiction outside of Ontario. O. Reg. 464/07, s. 17 (3).
(4) The following rules apply if the person who is entitled to request that the MCSS custodian conduct a search under subsection (1) or (2) is a minor, being less than 18 years of age:
1. Subject to paragraph 2, the minor is not entitled to ask the MCSS custodian to conduct the search.
2. An adopted person who is a minor has the right to ask the MCSS custodian to conduct the search with the consent of his or her adoptive parents or of the person who has custody of the adopted person.
3. The minor’s parents or the person with legal custody of the minor may ask the MCSS custodian to conduct the search on behalf of the minor. O. Reg. 464/07, s. 17 (4).
(5) Nothing in this section shall prevent a person from asking the MCSS custodian to conduct a search under subsection (1), (2) or (3) if that person is appointed as the guardian of, or is otherwise legally authorized to act on behalf of, a person who is entitled to ask the MCSS custodian to conduct a search under subsection (1), (2) or (3). O. Reg. 464/07, s. 17 (5).
Request by birth family member
18. (1) Subject to subsection (4), an adopted person’s birth parent, birth grandparent, birth sibling or other birth family member who suffers from a severe mental or physical illness or has suffered from such an illness in the past may request that the MCSS custodian conduct a search under section 16 for the adopted person, the son or daughter of the adopted person or any other descendant of the adopted person, as specified in the request, if,
(a) he or she will derive a direct medical benefit should a search by the MCSS custodian result in the location of the person who is the object of the search; or
(b) there are reasons to believe that the person who is the object of the search,
(i) may suffer from a severe mental or physical illness or have a medically established risk of contracting such an illness, and
(ii) will derive a direct medical benefit from being located. O. Reg. 464/07, s. 18 (1).
(2) Subject to subsection (4), an adopted person’s birth parent, birth grandparent, birth sibling or other birth family member who does not suffer from a severe mental or physical illness and has not suffered from such an illness in the past may request that the MCSS custodian conduct a search under section 16 for the adopted person, the son or daughter of the adopted person or any other descendant of the adopted person, as specified in the request, if,
(a) any of the other persons authorized to make a request under this subsection suffers from such an illness or has suffered from such an illness in the past; and
(b) there are reasons to believe that the person who is sought,
(i) may suffer from a severe mental or physical illness or have a medically established risk of contracting such an illness, and
(ii) will derive a direct medical benefit from being located. O. Reg. 464/07, s. 18 (2).
(3) If the birth parent of an adopted person suffered from a severe mental or physical illness and has died and the conditions described in clause (2) (b) are met, a request that the MCSS custodian conduct a search under section 16 for the adopted person, the son or daughter of the adopted person or any other descendant of the adopted person, as specified in the request, may be made by any of the following persons:
1. The birth parent’s spouse.
2. The executor of the birth parent’s estate.
3. A person who is,
i. a member of the College of Physicians and Surgeons of Ontario, a member of the College of Psychologists of Ontario or a member of the College of Nurses of Ontario who holds a certificate of registration in the extended class, or
ii. legally authorized to practise medicine or psychology in a jurisdiction outside of Ontario. O. Reg. 464/07, s. 18 (3).
(4) The following rules apply if a person who is entitled to ask the MCSS custodian to conduct a search under subsection (1) or (2) is a minor, being less than 18 years of age:
1. Subject to paragraph 2, the minor is not entitled to ask the MCSS custodian to conduct the search.
2. A birth parent who is a minor has the right to ask the MCSS custodian to conduct the search.
3. The person’s parents or the person with legal custody of the minor may ask the MCSS custodian to conduct the search on behalf of the minor. O. Reg. 464/07, s. 18 (4).
(5) Nothing in this section shall prevent a person from asking the MCSS custodian to conduct a search under subsection (1), (2) or (3) if that person is appointed as the guardian of, or is otherwise legally authorized to act on behalf of, a person who is entitled to ask the MCSS custodian to conduct a search under subsection (1), (2) or (3). O. Reg. 464/07, s. 18 (5).
Request for information under Vital Statistics Act
19. (1) If the MCSS custodian conducts a search under section 16 for a person who is an adopted person or a birth parent as defined in section 1 of the Vital Statistics Act, the MCSS custodian shall request that the Registrar General under the Vital Statistics Act provide the following information and documents with respect to the person who is the object of the search:
1. Information as to whether a notice has been registered by the person specifying his or her preferences as to how he or she wishes to be contacted under section 48.3 of the Vital Statistics Act and if so, a copy of the notice or details of the information contained in the notice.
2. Information as to whether a notice indicating that the person does not wish to be contacted is registered with the Registrar General under section 48.4 of the Vital Statistics Act and if so, a copy of the notice or details of the information contained in the notice.
3. Information as to whether an application for a prohibition order under section 48.5, 48.6 or 48.7 of the Vital Statistics Act has been filed with the Board and if so information as to the status of the application and whether the application has been withdrawn, abandoned, refused or granted.
4. Information as to whether a local director of a children’s aid society has determined, for the purposes of section 48.9 of the Vital Statistics Act, whether or not the adopted person was a victim of abuse by the birth parent.
5. Information as to whether the prohibition order referred to in paragraph 3 or the determination of a local director referred to in paragraph 4 has been confirmed or rescinded by the Board or whether an application for reconsideration of the order or determination has been withdrawn or abandoned. O. Reg. 464/07, s. 19 (1).
(2) If the Registrar General receives a request under subsection (1), he or she shall provide any requested information and documents that are in his or her possession to the MCSS custodian. O. Reg. 464/07, s. 19 (2).
(3) If the search conducted by the MCSS custodian under section 16 results in the location of a person, the MCSS custodian may use the information received from the Registrar General under subsection (2) when contacting the person located to let the person know that,
(a) the MCSS custodian is aware of the action taken by the person under the Vital Statistics Act; and
(b) he or she is being contacted despite these actions because of the existence of circumstances relating to a severe mental or physical illness as described in subsection (1). O. Reg. 464/07, s. 19 (3).
Search for minor
20. (1) If the MCSS custodian conducts a search under section 16 for a person who is less than 18 years of age, the MCSS custodian shall upon locating the minor,
(a) not contact the minor directly;
(b) contact the parent of the minor or the person who has custody of the minor. O. Reg. 464/07, s. 20 (1).
(2) Despite subsection (1), in the case of a search for a birth parent who is less than 18 years of age, the MCSS custodian may contact the birth parent directly. O. Reg. 464/07, s. 20 (2).
Disclosure of information
21. (1) If the MCSS custodian identifies and locates a person as a result of a search under section 16, the MCSS custodian shall advise the located person that,
(a) any identifying information with respect to the person shall not be disclosed unless he or she consents to the disclosure; and
(b) any other information provided by the person, including medical information, shall be disclosed to the person who requested the search. O. Reg. 464/07, s. 21 (1).
(2) The MCSS custodian shall not,
(a) disclose any identifying information with respect to the person who requested the search to the person who was located, without the consent of the person who requested the search; or
(b) disclose any identifying information with respect to the person who was located to the person who made the request for the search, without the consent of the person who was located. O. Reg. 464/07, s. 21 (2).
(3) In this section,
“identifying information” means, with respect to a person whose consent is required under subsection (2),
(a) the name, address or telephone number of the person, and
(b) any other information with respect to the person the disclosure of which will lead to the identification of the person. O. Reg. 464/07, s. 21 (3).
(4) If, as a result of a search conducted for a person under section 16, the MCSS custodian discovers that the person sought has died, the MCSS custodian shall advise the person who requested the search of that fact. O. Reg. 464/07, s. 21 (4).
PART IV
DISCLOSURE TO GOVERNMENTAL AND OTHER AUTHORITITES
Disclosure to Department of Indian Affairs and Northern Development
22. (1) If the MCSS custodian receives a request for information relating to an adoption from the Department of Indian Affairs and Northern Development and the information is required in order for the Department to determine whether or not the adopted person is entitled to be registered as an Indian under the Indian Act (Canada), the MCSS custodian shall,
(a) request that a children’s aid society or the Director of the Management Support Branch at the Ministry of Children and Youth Services provide any information relating to the adoption in the society’s or Branch’s possession to the MCSS custodian; and
(b) provide any information received under clause (a) to the Department. O. Reg. 464/07, s. 22 (1).
(2) The information provided by the MCSS custodian may include the place of birth of the adopted person, the name, marital status, band name and number of a birth parent or birth grandparent of the adopted person. O. Reg. 464/07, s. 22 (2).
Disclosure to PGT or estate trustee
23. If the MCSS custodian receives a request from the Public Guardian and Trustee or from an estate trustee for a copy of an adoption order or for information contained in an adoption order in order to determine whether an adopted person is entitled to an inheritance from an estate, the MCSS custodian shall provide the copy of the order or the information to the Public Guardian and Trustee or estate trustee. O. Reg. 464/07, s. 23.
Disclosure to other jurisdiction
24. (1) Upon request, the MCSS custodian shall disclose information relating to an adoption described in subsection (2) to a governmental department or authority in another province or territory in Canada who is authorized to disclose the information according to the laws in that jurisdiction. O. Reg. 464/07, s. 24 (1).
(2) This section applies to the disclosure of information relating to an adoption where the order, judgment or decree for adoption was made in a province or territory in Canada other than Ontario. O. Reg. 464/07, s. 24 (2).
(3) In disclosing information under subsection (1), the MCSS custodian may disclose any information relating to the adoption that the MCSS custodian has in its possession or has obtained in accordance with section 25, including the name, address and telephone number of an adopted person, his or her son or daughter or other descendant or his or her birth parent, birth grandparent, birth sibling or other birth family member, as specified by the governmental department or authority. O. Reg. 464/07, s. 24 (3).
PART V
DISCLOSURE FOR PURPOSES OF ADMINISTRATION OF PARTS III AND IV, THE ACT AND OF THE VITAL STATISTICS ACT
Disclosure to MCSS custodian
25. (1) If the MCSS custodian requires information relating to an adoption in order to fulfil his or her obligations under Part III or IV, the MCSS custodian may require a children’s aid society or a licensee to provide any information relating to the adoption that they have in their possession. O. Reg. 464/07, s. 25 (1).
(2) In addition to any requirement in sections 12, 13, 14 and 22 that the MCSS custodian request information in relation to an adoption from the Director of the Management Support Branch at the Ministry of Children and Youth Services, for the purposes of fulfilling any other obligations under Part III or IV, the MCSS custodian may require the Director to provide any information in relation to an adoption that is in the possession of that ministry. O. Reg. 464/07, s. 25 (2).
(3) If the MCSS custodian requires the following information relating to an adoption in order to fulfil his or her obligations under sections 11, 12, 13, 14 or 16 or under Part IV, the MCSS custodian may require the Registrar General to provide the information:
1. Information relating to the adopted person’s birth or adoption.
2. Information relating to a change of name, marriage or death of an adopted person, birth parent, birth grandparent, birth sibling or other birth family member. O. Reg. 464/07, s. 25 (3).
(4) The Director of the Management Support Branch at the Ministry of Children and Youth Services is prescribed as a person who must provide information to a designated custodian under subsection 162.2 (1) of the Act. O. Reg. 464/07, s. 25 (4).
(5) A person who receives a request for information relating to an adoption from the MCSS custodian under subsection (1) or (2) shall provide the MCSS custodian with,
(a) in the case of a request made under subsection (1), any information relating to the adoption in their possession as may be specified in the request; or
(b) in the case of a request made under subsection (2), the information requested under that subsection. O. Reg. 464/07, s. 25 (5).
Disclosure of certified copy of adoption order
26. For the purposes of clause 162 (3) (e) of the Act, the Director of the Management Support Branch at the Ministry of Children and Youth Services is prescribed as a person to whom a certified copy of an adoption order must be transmitted within 30 days of the order being made. O. Reg. 464/07, s. 26.
Disclosure under Vital Statistics Act
27. (1) Any disclosure of information in relation to an adoption that a children’s aid society or a designated custodian is authorized or required to make under section 48.9 of the Vital Statistics Act is a disclosure that is authorized under the Act for the purposes of subsection 165 (1) of the Act. O. Reg. 464/07, s. 27 (1).
(2) The Director of the Management Support Branch at the Ministry of Children and Youth Services shall provide the ORG custodian with information as to whether a person was placed for adoption by a children’s aid society and, if so, information identifying the society if the ORG custodian requests the information for purposes of making a determination under section 48.9 of the Vital Statistics Act. O. Reg. 464/07, s. 27 (2).
Disclosure to and by CFSRB custodian
28. (1) Subsections (2) and (3) apply where the Board has received an application for an order prohibiting disclosure to an adopted person or birth parent under section 48.5, 48.6 or 48.7 of the Vital Statistics Act and the Board has provided notice of the application to the Registrar General under that Act. O. Reg. 464/07, s. 28 (1).
(2) Upon receipt of a notice referred to in subsection (1), the Registrar General shall provide the CFSRB custodian with the following information:
1. Notice that, based on information contained in original birth registrations and adoption orders registered with the Registrar General under the Vital Statistics Act, the applicant is not entitled to make the application and the reasons for the lack of entitlement.
2. Notice that the Registrar General has already disclosed the documents under section 48.1 of the Vital Statistics Act or the information under section 48.2 of that Act to the adopted person or birth parent against whom the order is sought. O. Reg. 464/07, s. 28 (2).
(3) The CFSRB custodian shall give the Registrar General notice of,
(a) any request for an opportunity to be heard by a birth parent or adopted person made to the Board under sections 48.5, 48.6 or 48.7 of the Vital Statistics Act; and
(b) any application for reconsideration of an order prohibiting disclosure made to the Board under section 48.8 of the Vital Statistics Act and any request for an opportunity to be heard made by an interested person during proceedings under that section. O. Reg. 464/07, s. 28 (3).
(4) Upon receipt of a notice under subsection (3), the Registrar General shall inform the CFSRB custodian if, based on information contained in records of original birth registrations and adoption orders kept by the Registrar General under the Vital Statistics Act, the person making the request or application in question is or is not entitled to do so and, if not entitled, the reasons for the lack of entitlement. O. Reg. 464/07, s. 28 (4).
(5) The CFSRB custodian shall disclose any information received from the Registrar General under subsection (2) or (4) to the person making the request or application. O. Reg. 464/07, s. 28 (5).
Disclosure when making requests for information
29. (1) This section applies where a request for information relating to an adoption is made by,
(a) the MCSS custodian under section 25;
(b) the ORG custodian under subsection 27 (2); and
(c) the CFSRB custodian under section 28. O. Reg. 464/07, s. 29 (1).
(2) The designated custodian who requests information relating to an adoption from a person may disclose to that person such information in relation to the adoption as is necessary in order for the person to be able to comply with the request. O. Reg. 464/07, s. 29 (2).
Openness orders and agreements
30. A children’s aid society or a licensee that is required or authorized to disclose information in relation to an adoption under an openness order or an openness agreement made under Part VII of the Act, shall disclose the information in accordance with the order or agreement, as the case may be. O. Reg. 464/07, s. 30.
ServiceOntario
31. (1) The MCSS custodian shall provide the ServiceOntario custodian with the following information relating to the status of a request or application made under section 9, 11, 17 or 18:
1. Notice that the request or application has been received.
2. Confirmation at regular intervals that the request or application is still pending and such confirmation may include notice of any information, document or notice sent to the person who made the request or application.
3. Notice that the request or application has been finally disposed of. O. Reg. 464/07, s. 31 (1).
(2) In providing information under subsection (1), the MCSS custodian shall identify the request or application by means of a unique numeric identifier only. O. Reg. 464/07, s. 31 (2).
(3) If the ServiceOntario custodian receives a request for information from an individual on the status of a request or application described in subsection (1), the ServiceOntario custodian shall disclose to the individual the status information provided by the MCSS custodian under subsection (1). O. Reg. 464/07, s. 31 (3).
Disclosure to officers and employees
32. (1) Subject to subsection (3), where a provision in this Regulation or under section 48.9 of the Vital Statistics Act authorizes or requires any of the persons referred to in subsection (2) to disclose information relating to an adoption,
(a) the person is authorized to disclose information relating to the adoption to an officer or employee of the person or, if the person is employed in a ministry, to an officer or employee working in the same ministry; and
(b) those officers and employees are authorized to share the information with one another and with the person. O. Reg. 464/07, s. 32 (1).
(2) For the purposes of subsection (1), the following persons are authorized to disclose information under this Regulation or section 48.9 of the Vital Statistics Act:
1. A designated custodian.
2. A children’s aid society.
3. A licensee.
4. The Registrar General.
5. The Director of the Management Support Branch at the Ministry of Children and Youth Services. O. Reg. 464/07, s. 32 (2).
(3) The sharing of information relating to an adoption with and among officers and employees under subsection (1) is limited to such sharing of information as is necessary in order for the person referred to in subsection (2) to carry out their duty or exercise their power under this Regulation or the Vital Statistics Act. O. Reg. 464/07, s. 32 (3).
PART VI
TRANSITIONAL AND COMMENCEMENT
Transitional, adoption disclosure register
33. If, before the day section 16 of the Adoption Information Disclosure Act, 2005 comes into force, a person’s name was added to the adoption disclosure register and no information has been disclosed by the Registrar to the person or related persons named in the register, then, on or after that day, information may be disclosed by the MCSS custodian to such persons in accordance with subsection 10 (2) unless the person’s name is removed from the register in accordance with subsection 9 (7). O. Reg. 464/07, s. 33.
Transitional, non-identifying information
34. (1) If an application for non-identifying information was made to the Registrar of Adoption Information under subsection 166 (4) of the Act before the day section 16 of the Adoption Information Disclosure Act, 2005 comes into force and the application is still pending on that day, then, on or after that day, the MCSS custodian shall deal with the application in accordance with this Regulation as though it were a request for non-identifying information made to the MCSS custodian under clause 11 (1) (a) of this Regulation. O. Reg. 464/07, s. 34 (1).
(2) If an application for non-identifying information was made to a children’s aid society in accordance with subsection 166 (8) of the Act before the day section 16 of the Adoption Information Disclosure Act, 2005 comes into force and the application is still pending on that day, then, on or after that day, the society that received the application shall deal with the application in accordance with this Regulation as though it were a request for non-identifying information made to it under clause 11 (1) (b) of this Regulation. O. Reg. 464/07, s. 34 (2).
(3) If an application for non-identifying information was made to the Registrar of Adoption Information with respect to an out of province adoption under section 170 of the Act before the day section 16 of the Adoption Information Disclosure Act, 2005 comes into force and the application is still pending on that day, then, on or after that day, the MCSS custodian shall deal with the application in accordance with this Regulation as though it were a request for non-identifying information relating to an out of province adoption made to the MCSS custodian under section 14 of this Regulation. O. Reg. 464/07, s. 34 (3).
Transitional, severe medical searches
35. If a request for a search by the Registrar of Adoption Information under section 168.1 of the Act was made before the day section 16 of the Adoption Information Disclosure Act, 2005 comes into force and that request is still pending on that day, the MCSS custodian shall deal with the request as though it were a request for a search under section 16 of this Regulation and sections 16, 17, 18, 19 and 20 of this Regulation apply to the request. O. Reg. 464/07, s. 35.
Transitional, transfer of information
36. The Minister shall ensure that any of the following information that is in the possession of the Registrar of Adoption Information before the day section 16 of the Adoption Information Disclosure Act, 2005 comes into force is transferred to the MCSS custodian immediately after that day:
1. Information relating to a request to have a name added to the adoption disclosure register.
2. Information relating to an application for non-identifying information made under section 166 of the Act.
3. Information relating to an application for non-identifying information relating to an out of province adoption made under section 170 of the Act.
4. Information relating to a request for a search under section 168.1 of the Act. O. Reg. 464/07, s. 36.
37. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 464/07, s. 37.