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Child, Youth and Family Services Act, 2017

ONTARIO REGULATION 157/18

TRANSITIONAL MATTERS

Consolidation Period: From April 30, 2018 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

Funding and Accountability

1.

Approval of agencies

2.

Designation of societies

3.

Steps taken by societies

4.

Accountability agreements

5.

Directives

6.

Funding agreements, arrangements

7.

Application for review of residential placement

Child Protection

8.

Temporary care and other agreements

9.

Warrants issued under Part III of old Act

10.

Child brought to place of safety or apprehended under Part III of old Act

11.

Proceedings commenced under Part III of old Act, general rule

12.

Effect of determination under s. 47 (2) (c) of old Act

13.

Orders made under Part III of old Act

14.

Society ward, Crown ward, etc. under old Act

15.

Period of time in society’s care and custody

16.

Notice of proposed removal

17.

Board’s receipt of application for review of decision, First Nations, Inuk or Métis child

18.

Director’s annual review of children in extended society care, timing requirement

19.

Complaint to society relating to service

20.

Application to the Board for review of complaint

21.

Application for review of complaint re alleged inaccuracy in society’s records

22.

Matters referred to in Act, child protection

Youth Justice

23.

Appointments, designations under old Act

24.

Application for review of order re open temporary detention

25.

Application for review by young person

26.

Warrant issued under s. 98 (4) of old Act

27.

Programs under s. 89 (2), (3) and (4) of old Act

Adoption

28.

Interpretation

29.

Approval re placement, homestudy

30.

Notification and homestudy, no decision made

31.

Certain family adoptions, application of old Act

32.

First Nations, Inuk or Métis child, application of s. 186 of the Act

33.

First Nations, Inuk or Métis child, application of s. 187 of the Act

34.

Notice given under s. 50 (4) of Regulation 70 made under the old Act

35.

Notice of refusal to place child or remove child after placement

36.

Board’s receipt of application for review of decision, First Nations, Inuk or Métis child

37.

Order made under Part VII of old Act

38.

References to matters in Act, adoption

39.

Openness orders

40.

Application for adoption

Licensing

41.

Adoption licensing

42.

Residential licensing

 

Funding and Accountability

Approval of agencies

1. (1) Subject to subsection (2), an approval given or continued under subsection 8 (1) of the old Act in respect of an agency ceases to have effect on the day this section comes into force.

(2) Until such time as an agency enters into a funding agreement with the Minister, the agency shall comply with,

(a) any terms and conditions imposed on the agency under subsection 10 (1) of the old Act that were in effect immediately before this section comes into force; and

(b) the terms and conditions provided for under section 11 of Regulation 70 of the Revised Regulations of Ontario, 1990 (General) made under the old Act, as that section read immediately before this section comes into force.

Designation of societies

2. (1) An approved agency under the old Act that was designated as a society under subsection 15 (2) of the old Act and whose designation was in effect immediately before this section comes into force is continued as a society designated under subsection 34 (1) of the Act for the same territorial jurisdiction as the previous designation.

(2) Subject to subsection (3), the society is designated for all of the functions set out in subsection 35 (1) of the Act.

(3) If, immediately before this section comes into force, terms and conditions were imposed on the designation or the designation did not include particular functions set out in subsection 15 (3) of the old Act,

(a) the terms and conditions that were imposed continue to be imposed under subsection 34 (2) or (3) of the Act; and

(b) only those functions that were included continue to be included in the designation under subsection 34 (1) of the Act.

(4) If, immediately before this section comes into force, a designation under section 209 of the old Act was in effect for the purposes of the designation of a society, the designation under section 209 of the old Act is continued as terms and conditions imposed on the designation of the society under subsection 34 (2) or (3) of the Act.

(5) For greater certainty, this section applies to the following societies, which were exempted by regulations made under the old Act from the requirement to be incorporated before becoming approved agencies under the old Act:

1. Mohawk Council of Akwesasne, Department of Community and Social Services.

2. Six Nations of the Grand River, as represented by the Six Nations Elected Council (the child and family service authority of Six Nations of the Grand River is known as Ogwadeni:deo).

(6) For greater certainty, this section does not apply in respect of the agency incorporated under the name Jewish Family and Child Service of Metropolitan Toronto and known as the Jewish Family and Child Service of Greater Toronto.

Steps taken by societies

3. Any steps taken by a society under the old Act for the purposes of performing its functions under subsection 15 (3) of the old Act are deemed to have been taken under the Act for the purposes of performing and carrying on its functions under subsection 35 (1) of the Act.

Accountability agreements

4. (1) An accountability agreement in respect of a society under section 15.3 of Regulation 70 of the Revised Regulations of Ontario, 1990 (General) made under the old Act that was in effect immediately before this section comes into force is continued as an accountability agreement entered into by the society under section 41 of the Act until such time as a new accountability agreement in respect of the society takes effect under section 41 of the Act.

(2) For the purposes of an accountability agreement mentioned in subsection (1), a reference in the agreement to an item set out in Column 1 of the Table to this subsection shall be read as a reference to the item set out opposite in Column 2 of the Table.

TABLE

Item

Column 1
Item referred to in agreement

Column 2
Item to be read

1.

The purpose set out in paragraph 5 of subsection 1 (2) of the old Act

The purpose set out in paragraph 6 of subsection 1 (2) of the Act

2.

Subsection 15 (2) of the old Act

Subsection 34 (1) of the Act

3.

Subsection 15 (3) of the old Act

Subsection 35 (1) of the Act

4.

Section 19 of the old Act

Section 40 of the Act

5.

Part X of the old Act

Part IV of the Act

6.

Regulation 70 (General) made under the old Act

Ontario Regulation 156/18 (General Matters Under the Authority of the Minister) made under the Act

7.

“Culture, heritage, traditions and the concept of the extended family

“Cultures, heritages, traditions, connection to community and the concept of the extended family

8.

“Indian and native children and families

“First Nations, Inuit and Métis children and young persons and their families

9.

“Indian and native people”

“First Nations, Inuit and Métis people”

10.

“Indian bands” or “bands”

“Bands” within the meaning of the Act

11.

“Indian or native children”

“First Nations, Inuit or Métis children”

12.

“Native community”

“First Nations, Inuit or Métis community”

 

(3) For greater certainty, a provision in an accountability agreement mentioned in subsection (1) that reproduces subsection 15 (3) of the old Act shall be read as a provision that reproduces subsection 35 (1) of the Act.

Directives

5. A directive issued under section 20.1 of the old Act that was in effect immediately before this section comes into force is continued as a directive issued under section 42 of the Act.

Funding agreements, arrangements

6. (1) This section applies in respect of an agreement or arrangement relating to funding as described in Column 1 of the Table to this section if the agreement or arrangement was in effect immediately before this section comes into force.

(2) The agreement or arrangement is continued as an agreement or arrangement made under the provision of the Act set out opposite in Column 2 of the Table to this section until such time as a new agreement or arrangement takes effect under the Act to replace the agreement or arrangement under the old Act.

TABLE

Item

Column 1
Agreement or arrangement

Column 2
Provision of Act

1.

Agreement with respect to services to persons 18 or under, made under clause 7 (1) (b) of the old Act

Clause 25 (c)

2.

Agreement with respect to services to persons over 18, made under clause 7 (1) (b) or 10 (4) (b) of the old Act

Section 26

3.

Grants and contributions for persons 18 and under, made under subsection 7 (2) of the old Act

Clause 25 (c)

4.

Grants and contributions for persons over 18, made under subsection 7 (2) or clause 10 (4) (c) of the old Act

Section 26

5.

Agreement for establishing, supporting or operating groups or committees, made under section 11 of the old Act

Clause 25 (c)

6.

Agreement for the provision of services and programs, made under clause 89 (1) (b) of the old Act

Clause 25 (c)

7.

Agreement for the provision of services made under section 210 of the old Act

Section 69

 

Application for review of residential placement

7. If a child has applied to the Board in accordance with subsection 36 (1) of the old Act before the day this section comes into force for a review of a residential placement and the Board has not made its decision under subsection 36 (6) of the old Act before that day, the review shall be continued under section 66 of the Act.

Child Protection

Temporary care and other agreements

8. An agreement made under a provision of the old Act that is set out in Column 1 of the following Table and that was in effect immediately before this section comes into force is continued as an agreement made under the provision of the Act that is set out opposite in Column 2 of the Table:

TABLE

Item

Column 1
Provision of old Act

Column 2
Provision of Act

1.

Section 29 (temporary care agreement)

Section 75

2.

Section 37.1 (society agreement with 16 and 17 year olds)

Section 77

3.

Section 212 (customary care agreement for which a subsidy is paid)

Section 71

 

Warrants issued under Part III of old Act

9. A warrant issued under Part III of the old Act but not fully executed before the day this section comes into force is deemed to be a warrant issued under Part V of the Act.

Child brought to place of safety or apprehended under Part III of old Act

10. Where a child has been brought to a place of safety or apprehended under Part III of the old Act but no proceeding has been commenced before the day this section comes into force, any proceeding in respect of the child shall be commenced under Part V of the Act. 

Proceedings commenced under Part III of old Act, general rule

11. (1) A proceeding commenced under Part III of the old Act but not concluded before the day this section comes into force is continued as a proceeding commenced under Part V of the Act.

(2) Despite subsection (1), in the case of a proceeding relating to a First Nations, Inuk or Métis child, paragraph 4 of subsection 79 (1) of the Act does not apply if the court is satisfied that it would not be in the child’s best interests for that provision to apply and makes an order stating that the parties to the proceeding are those who were parties immediately before this section comes into force.

(3) Despite subsection (2), if a court has completed its hearing of a proceeding in respect of a First Nations, Inuk or Métis child before the day this section comes into force but reserved its decision, the parties to the proceeding are those who were parties immediately before this section comes into force unless the court is satisfied that it would be in the best interests of the child for paragraph 4 of subsection 79 (1) of the Act to apply and makes an order to that effect.

Effect of determination under s. 47 (2) (c) of old Act

12. Despite any determination made under clause 47 (2) (c) of the old Act in respect of a child who is the subject of a proceeding mentioned in subsection 11 (1) of this Regulation or a proceeding commenced under Part V of the Act, the court shall, as soon as practicable, determine under clause 90 (2) (b) of the Act whether the child is a First Nations, Inuk or Métis child and, if so, determine the child’s bands and First Nations, Inuit or Métis communities.

Orders made under Part III of old Act

13. An order made under Part III of the old Act that was in effect immediately before this section comes into force is deemed to be an order made under Part V of the Act.

Society ward, Crown ward, etc. under old Act

14. (1) A person who met a description under the old Act as set out in Column 1 of the following Table immediately before this section comes into force is, for the purpose of the Act, a person described opposite in Column 2 of the Table:

TABLE

Item

Column 1
Description under old Act

Column 2
Description for purpose of Act

1.

Society ward

Person subject to an interim society care order made under paragraph 2 of subsection 101 (1) of the Act

2.

Crown ward

Person subject to an extended society care order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) of the Act

 

(2) For greater certainty, an order set out in Column 1 of the following Table that was in effect under the old Act immediately before this section comes into force is deemed to be an order described opposite in Column 2 of the Table:

TABLE

Item

Column 1
Order under old Act

Column 2
Order under Act

1.

Society wardship order

Interim society care order made under paragraph 2 of subsection 101 (1) of the Act

2.

Crown wardship order

Extended society care order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) of the Act

 

Period of time in society’s care and custody

15. When calculating a period of time described in Column 1 of the following Table, a reference to that period of time shall be read as including any applicable period of time set out opposite in Column 2 of the Table:

TABLE

Item

Column 1
Period of time to be calculated

Column 2
Period of time included

1.

The period of time during which a child has been in a society’s care and custody under subsection 75 (6) of the Act.

The period of time during which the child has been in a society’s care and custody pursuant to any of the following:
1. An agreement made under subsection 29 (1) of the old Act.
2. An order made under clause 51 (2) (d) of the old Act.
3. An order made under paragraph 2 of subsection 57 (1) of the old Act.

2.

The period of time during which a child has been in a society’s care and custody under subsection 122 (1) of the Act.

Any period of time during which the child was in a society’s care and custody as a society ward under the old Act and any period of time during which the child has been in a society’s care and custody pursuant to any of the following:

1. An agreement made under subsection 29 (1) of the old Act.
2. An agreement made under subsection 30 (1) of the old Act.
3. An order made under clause 51 (2) (d) of the old Act.

 

Notice of proposed removal

16. (1) This section applies if a society gave notice under subsection 61 (7) of the old Act before the day this section comes into force and the Board has not made a decision under subsection 61 (8.6) of the old Act before that day.

(2) If a foster parent has applied in accordance with subsection 61 (7.1) of the old Act to the Board before the day this section comes into force for a review of a society’s proposed removal, the review shall be continued under section 109 of the Act.

(3) If a foster parent did not apply to the Board under subsection 61 (7.1) of the old Act before the day this section comes into force, the foster parent may apply for a review under subsection 109 (8) of the Act within 10 days after receiving the notice.

(4) If the time for applying for a review as mentioned in subsection (3) has not expired before the day this section comes into force, the society shall give notice to any representative as required under clause 109 (7) (b) of the Act. 

(5) If the time for applying for a review as mentioned in subsection (3) has expired before the day this section comes into force, clause 109 (7) (b) of the Act does not apply.

Board’s receipt of application for review of decision, First Nations, Inuk or Métis child

17. (1) The Board shall, if it has received an application in the circumstances described in subsection 16 (2) for a review of a decision relating to a First Nations, Inuk or Métis child, give notice of the application and of the date of the hearing to any representative to whom notice was given under subsection 61 (8.1) of the old Act.

(2) The Board shall, if it has received an application under subsection 109 (8) of the Act within the time for applying for a review as described in subsection 16 (3) of this Regulation for a review of a decision relating to a First Nations, Inuk or Métis child, give notice of the application and of the date of the hearing to any representative to whom notice was given under subsection 61 (8.1) of the old Act and to any representative who received a notice under subsection 16 (4) of this Regulation.

(3) Subsection 109 (10) of the Act does not apply to the Board in the circumstances described in subsection (1) or (2) of this section.

(4) Any representative to whom notice was given under subsection (1) or (2) is a party to a hearing in respect of the application, and paragraph 3 of subsection 109 (13) of the Act does not apply.

Director’s annual review of children in extended society care, timing requirement

18. For the purposes of determining when a review is required under clause 117 (1) (c) of the Act, any review that was conducted under section 66 of the old Act is considered to have been carried out under the Act.

Complaint to society relating to service

19. If a complaint was made to a society under subsection 68 (1) of the old Act and the complaint review procedure was not completed before the day this section comes into force, the complaint review procedure shall be continued under subsection 119 (2) of the Act.

Application to the Board for review of complaint

20. If an application to the Board requesting a review of a complaint was made under subsection 68 (5) of the old Act or 68.1 (1) of the old Act and the review was not completed before the day this section comes into force, the review shall be continued under the Act.

Application for review of complaint re alleged inaccuracy in society’s records

21. (1) This section applies if a complaint was made to a society or an application was made to the Board relating to an alleged inaccuracy in the society’s records regarding the complainant before the day section 315 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 comes into force and the complaint review procedure or the review of the society’s decision by the Board, as the case may be, was not completed before the day that section comes into force.

(2) Section 52 of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Act as it read immediately before the day section 315 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 comes into force continues to apply with respect to the complaint to the society or the application to the Board.

Matters referred to in Act, child protection

22. (1) This section applies in respect of a matter referred to in the provision of the Act set out in Column 1 of the Table to this section and described in Column 2 of the Table.

(2) The reference to a matter described in Column 2 of the Table to this section shall be read as including a reference to the matter described opposite in Column 3 of the Table.

TABLE

Item

Column 1
Provision of Act where reference appears

Column 2
Matter referred to in Act

Column 3
Matter included in reference

1.

Section 88

Child being brought to a place of safety under section 81, subclause 83 (1) (a) (ii) or subsection 136 (5) of the Act

Child being brought to a place of safety under section 40 or subsection 78 (2) or 79 (6) of the old Act

2.

Section 96

Application made under subsection 81 (1) of the Act

Application made under subsection 40 (1) of the old Act

3.

Clause 104 (6) (a)

The making of an order under section 101 of the Act

The making of an order under section 57 of the old Act

4.

Clause 104 (6) (b)

The disposition of a previous application by the same person under subsection 104 (2) of the Act

The disposition of a previous application by the same person under subsection 58 (2) of the old Act

5.

Clause 104 (6) (c)

The disposition of an application under section 113 or 115 of the Act

The disposition of an application under section 64 or 65.1 of the old Act

6.

Clause 104 (6) (d)

The final disposition or abandonment of an appeal from an order referred to in clause 104 (6) (a), (b) or (c) of the Act

The final disposition or abandonment of an appeal from an order referred to in clause 58 (6) (a), (b) or (c) of the old Act

7.

Clause 113 (6) (a)

The making of the original order under subsection 101 (1) of the Act

The making of an order under section 57 of the old Act

8.

Clause 113 (6) (b)

The last application by a person under subsection 113 (4) of the Act

The last application by a person under subsection 64 (4) of the old Act

9.

Clause 113 (6) (c)

An appeal described in clause 113 (6) (c) of the Act

An appeal described in clause 64 (6) (c) of the old Act

10.

Clause 115 (7) (a)

The making of an order under subsection 101 (1) or 116 (1) of the Act

The making of an order under subsection 57 (1) or 65.2 (1) of the old Act.

11.

Clause 115 (7) (b)

The last application by a person under subsection 115 (4) of the Act

The last application by a person under subsection 65.1 (4) of the old Act

12.

Clause 115 (7) (c)

An appeal described in clause 115 (7) (c) of the Act

An appeal described in clause 65.1 (7) (c) of the old Act

13.

Subsection 121 (3)

The service of a notice of appeal under subsection 121 (1) of the Act

The service of a notice of appeal under subsection 69 (1) of the old Act

 

Youth Justice

Appointments, designations under old Act

23. (1) An appointment or designation made under section 90 of the old Act that was in effect immediately before this section comes into force is continued as an appointment or designation under section 146 of the Act.

(2) A designation made under subsection 98.1 (1) of the old Act that was in effect immediately before this section comes into force is continued as a designation under subsection 154 (1) of the Act.

Application for review of order re open temporary detention

24. If an application for a review was made under subsection 93 (7) of the old Act before the day this section comes into force and the review was not completed before that day, the review shall be continued under subsection 148 (7) of the Act.

Application for review by young person

25. If an application for a review by a young person was made under section 97 of the old Act before the day this section comes into force and the review was not completed before that day, the review shall be continued as an application under section 152 of the Act.

Warrant issued under s. 98 (4) of old Act

26. If a warrant was issued under subsection 98 (4) of the old Act before the day this section comes into force and the warrant was not fully executed before that day, the warrant is deemed to be a warrant issued under subsection 153 (4) of the Act.

Programs under s. 89 (2), (3) and (4) of old Act

27. (1) A secure temporary detention program in a place of temporary detention that was established under subsection 89 (2) of the old Act that was in effect immediately before this section comes into force is continued as a secure temporary detention program under subsection 145 (1) of the Act.

(2) An open temporary detention program in a place of temporary detention that was established under subsection 89 (2) of the old Act that was in effect immediately before this section comes into force is continued as an open temporary detention program under subsection 145 (1) of the Act.

(3) A secure custody program that was established under subsection 89 (3) of the old Act that was in effect immediately before this section comes into force is continued as a secure custody program under subsection 145 (2) of the Act.

(4) An open custody program that was established under subsection 89 (4) of the old Act that was in effect immediately before this section comes into force is continued as an open custody program under subsection 145 (3) of the Act.

Adoption

Interpretation

28. In this section and sections 29 to 40,

“adoption agency” means a licensee or a society; (“agence d’adoption”)

“licensee” means a person acting under the authority of a licence issued by a Director under section 229 of the Act. (“titulaire de permis”)

Approval re placement, homestudy

29. (1) If a licensee intends to place a child who is a resident of Canada for adoption, approval given under clause 142 (2) (a) of the old Act of a proposed placement is deemed to be an approval of the proposed placement under subsection 188 (3) of the Act.

(2) Any terms and conditions imposed on the approval mentioned in subsection (1) under subsection 142 (5) of the old Act are deemed to be conditions of the approval under subsection 188 (3) of the Act.

(3) If a licensee intends to bring a child who is not a resident of Canada into Ontario to be placed for adoption, approval given under clause 142 (2) (a) of the old Act of a proposed placement following a Director’s consideration of a report of an adoption homestudy is deemed to be,

(a) an approval under subsection 189 (3) of the Act of the person in respect of whom the homestudy was prepared; and

(b) an approval of the proposed placement under subsection 190 (2) of the Act.

(4) Any terms and conditions imposed on the approval mentioned in subsection (3) under subsection 142 (5) of the old Act are deemed to be conditions of the approvals under clause 189 (3) (b) of the Act and clause 190 (2) (b) of the Act.

Notification and homestudy, no decision made

30. (1) This section applies if, before the day this section comes into force, a licensee intends to place a child for adoption, notifies the Director of the proposed placement and provides the Director with a report of an adoption homestudy under subsection 142 (1) of the old Act but the Director has not made a decision under subsection 142 (2) of the old Act.

(2) If the licensee intends to place a child who is a resident of Canada for adoption, the notification is deemed to be a notification of a proposed placement and the report of the adoption homestudy is deemed to be a report of an adoption homestudy for the purposes of section 188 of the Act.

(3) If the licensee intends to bring a child who is not a resident of Canada into Ontario to be placed for adoption,

(a) the notification by the licensee is deemed to be a request for a Director to review the proposed placement under subsection 190 (1) of the Act; and

(b) the report of an adoption homestudy is deemed to be a report of an adoption homestudy for the purposes of section 189 of the Act.

Certain family adoptions, application of old Act

31. (1) The following rules apply if, before the day this section comes into force, a prospective adoptive parent has applied to sponsor a child under the Immigration and Refugee Protection Act (Canada) and the prospective adoptive parent is the child’s relative, the child’s parent or a spouse of the child’s parent:

1. Section 183 of the Act does not apply and section 141 of the old Act applies.

2. Section 202 of the Act does not apply and, subject to subsection (2) of this section, section 149 of the old Act applies.

(2) For the purposes of applying section 149 of the old Act in the circumstance described in subsection (1) of this section, an application for an order for the adoption of a child under subsection 146 (1) or (2) of the old Act, referred to in section 149, is deemed to include an application for an order for the adoption of a child under subsection 199 (1) or (2) of the Act.

First Nations, Inuk or Métis child, application of s. 186 of the Act

32. Section 186 of the Act does not apply to a society in respect of the adoption of a First Nations, Inuk or Métis child if the society has, before the day this section comes into force, formed the intention to place the child for adoption with a prospective adoptive parent.

First Nations, Inuk or Métis child, application of s. 187 of the Act

33. (1) If a society has begun planning for the adoption of a First Nations, Inuk or Métis child but has not yet placed the child for adoption before the day this section comes into force, the obligations in section 187 of the Act apply to the society as if the society began planning for the adoption of the child on the day this section comes into force.

(2) Section 187 of the Act does not apply to a society in respect of planning for the adoption of a First Nations, Inuk or Métis child if the child has, before the day this section comes into force, been placed for adoption.

Notice given under s. 50 (4) of Regulation 70 made under the old Act

34. Subsection 97 (5) of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Act does not apply to a licensee in respect of a child if the licensee gave notice in respect of the child as required or had determined such notice was not required under subsection 50 (4) of Regulation 70 of the Revised Regulations of Ontario, 1990 (General) made under the old Act before the day this section comes into force.

Notice of refusal to place child or remove child after placement

35. (1) This section applies if an adoption agency gave notice under subsection 144 (2) of the old Act before the day this section comes into force and the Board has not made a decision under subsection 144 (11) of the old Act before that day.

(2) If a person has applied in accordance with subsection 144 (3) of the old Act to the Board before the day this section comes into force for a review of an adoption agency’s decision, the review shall be continued under section 192 of the Act.

(3) If a person did not apply to the Board under subsection 144 (3) of the old Act before the day this section comes into force, the person may apply for a review under subsection 192 (3) of the Act within 10 days after receiving the notice.

(4) If the time for applying for a review as mentioned in subsection (3) has not expired before the day this section comes into force, the adoption agency shall give notice to any representative as required under clause 192 (2) (c) of the Act.

(5) If the time for applying for a review as mentioned in subsection (3) has expired before the day this section comes into force, clause 192 (2) (c) of the Act does not apply.

Board’s receipt of application for review of decision, First Nations, Inuk or Métis child

36. (1) The Board shall, if it has received an application in the circumstances described in subsection 35 (2) for a review of a decision relating to a First Nations, Inuk or Métis child, give notice of the application and of the date of the hearing to any representative to whom notice was given under clause 144 (2) (c) of the old Act.

(2) The Board shall, if it has received an application under subsection 192 (3) of the Act within the time for applying for a review as described in subsection 35 (3) of this Regulation for review of a decision relating to a First Nations, Inuk or Métis child, give notice of the application and of the date of the hearing to any representative to whom notice was given under clause 144 (2) (c) of the old Act and to any representative who received a notice under subsection 35 (4) of this Regulation.

(3) Subsection 192 (6) of the Act does not apply to the Board in the circumstances described in subsection (1) or (2) of this section.

(4) Any representative to whom notice was given under subsection (1) or (2) is a party to a hearing in respect of the application, and paragraph 3 of subsection 192 (9) of the Act does not apply.

Order made under Part VII of old Act

37. An order made under Part VII of the old Act that was in effect immediately before this section comes into force is deemed to be an order made under Part VIII of the Act.

References to matters in Act, adoption

38. (1) This section applies in respect of a reference in the Act to a matter described in Column 1 of the Table to this section.

(2) The reference to a matter described in Column 1 of the Table to this section shall be read as including a reference to the matter set out opposite in Column 2 of the Table.

TABLE

Item

Column 1
Matter referred to in Act

Column 2
Matter included in reference

1.

A consent under section 180 of the Act

A consent under section 137 of the old Act

2.

Consent under clause 180 (2) (a) of the Act

Consent under clause 137 (2) (a) of the old Act

3.

An order dispensing with a consent under subsection 180 (9) of the Act

An order dispensing with a consent under subsection 137 (9) of the old Act

4.

An order dispensing with a consent under section 181 of the Act

An order dispensing with a consent under section 138 of the old Act

5.

Refusal to permit the late withdrawal of a consent under subsection 182 (1) of the Act

Refusal to permit the late withdrawal of a consent under subsection 139 (1) of the old Act

6.

The most recent review under subsection 193 (3) of the Act

The most recent review under subsection 145 (3) of the old Act

7.

An order under section 199 of the Act

An order under section 146 of the old Act

 

Openness orders

39. (1) For the purposes of subsection 196 (1) of the Act,

(a) the person referred to in that subsection is deemed to include a person described in paragraph 1 of subsection 145.1.1 (2) of the old Act; and

(b) the notice referred to in that subsection is deemed to include notice given under section 145.1.1 of the old Act.

(2) For greater certainty, if an openness order was made under the old Act, sections 198 and 207 of the Act apply in respect of the openness order as if it had been made under the Act.

(3) For greater certainty, if an order to vary or terminate an openness order was made under the old Act, section 208 of the Act applies in respect of the order as if it had been made under the Act.

(4) Subject to subsection (5), the following are continued under the Act:

1. An application for an openness order commenced under section 145.1 of the old Act or 145.1.2 of the old Act but not concluded before the day this section comes into force.

2. An application for an order to vary or terminate an openness order commenced under section 145.2 of the old Act or 153.1 of the old Act but not concluded before the day this section comes into force.

3. An appeal commenced under section 153.2 of the old Act but not concluded before the day this section comes into force.

(5) Subject to subsections (6) and (7), section 210 of the Act applies to a proceeding continued under subsection (4) of this section and if the child who is the subject of the application or appeal did not receive notice under the old Act, the child shall be given notice in accordance with the Act.

(6) Subsection (5) does not apply if the court is satisfied that it would not be in the child’s best interests for section 210 of the Act to apply and orders that section 153.4 of the old Act apply instead.

(7) Subject to subsection (8), if a court has completed its hearing in respect of an application before the day this section comes into force but reserved its final decision, the application shall be continued under the Act except that section 153.4 of the old Act applies instead of section 210 of the Act.

(8) In the case of a hearing referred to in subsection (7), if the court is satisfied that it would not be in the child’s best interests for section 153.4 of the old Act to apply, the court may order that section 210 of the Act applies instead of section 153.4 of the old Act.

(9) If section 210 of the Act does not apply to a proceeding continued under subsection (4) of this section, section 211 of the Act does not apply and section 153.5 of the old Act applies instead.

Application for adoption

40. An application made under section 146 of the old Act in respect of which the court has not made an order before the day this section comes into force is continued as an application under section 199 of the Act.

Licensing

Adoption licensing

41. The following transitional rules apply with respect to licensing matters related to the placement of children for adoption under Part IX of the old Act:

1. If the licence was in effect immediately before this section comes into force, it is continued as a licence under Part VIII of the Act.

2. A licence continued under paragraph 1,

i. is subject to the same terms and conditions as it was subject to immediately before it was continued, and

ii. expires on the same day as it would have immediately before it was continued.

3. A licence that is deemed to continue under subsection 199 (2) of the old Act is deemed to continue under section 235 of the Act.

4. An application for a licence or renewal of a licence made under Part IX of the old Act, for which a Director has not yet made a decision, is continued as an application under Part VIII of the Act.

5. An inspection begun under Part IX of the old Act but not completed is continued as an inspection under subsection 59 (1) of the Act.

6. A notice of a proposal to refuse to issue a licence or to revoke or refuse to renew a licence under Part IX of the old Act is continued as a notice of a proposal to refuse to issue a licence or to revoke or refuse to renew a licence under Part VIII of the Act.

7. A request for a hearing by the Tribunal made in accordance with Part IX of the old Act and any hearing commenced by the Tribunal, if the Tribunal has not made a final decision respecting the matter, is continued as a request and a hearing under Part VIII of the Act.

8. A provisional suspension of a licence in effect under section 200 of the old Act immediately before this section comes into force is continued as a suspension of the licence under section 236 of the Act.

Residential licensing

42. (1) The following transitional rules apply with respect to licensing matters related to the operation of a children’s residence or the provision of children’s residential care under Part IX of the old Act:

1. If the licence was in effect immediately before this section comes into force, it is continued as a licence under Part IX of the Act.

2. A licence continued under paragraph 1, 

i. is subject to the same terms and conditions as it was subject to immediately before it was continued,

ii. expires on the same day as it would have immediately before it was continued, and

iii. in the case of a licence to operate a children’s residence, is subject to the same limit on the maximum number of children for whom residential care may be provided in the children’s residence as it was subject to immediately before it was continued.

3. A licence that is deemed to continue under subsection 199 (2) of the old Act is deemed to continue under section 257 of the Act.

4. An application for a licence or renewal of a licence made under Part IX of the old Act, for which a Director has not yet made a decision, is continued as an application under Part IX of the Act.

5. An inspection begun by a program supervisor under Part IX of the old Act but not completed is continued as an inspection under Part IX of the Act.

6. A notice of a proposal to refuse to issue a licence or to revoke or refuse to renew a licence under Part IX of the old Act is continued as a notice of a proposal to refuse to issue a licence or to revoke or refuse to renew a licence under Part IX of the Act.

7. A request for a hearing by the Tribunal made in accordance with Part IX of the old Act and any hearing commenced by the Tribunal, if the Tribunal has not made a final decision respecting the matter, is continued as a request and a hearing under Part IX of the Act.

8. A provisional suspension of a licence in effect under section 200 of the old Act immediately before this section comes into force is continued as a suspension of the licence under section 264 of the Act.

9. An order made under section 204 of the old Act authorizing the Minister to occupy and operate a children’s residence or other premises where residential care is provided is, if the Director’s proposal to revoke or not to renew the licence or notice of provisional suspension has not yet been finally disposed of, deemed to be an order made under section 271 of the Act to the extent necessary to give effect to the order. 

(2) If a term or condition referred to in subparagraph 2 i of subsection (1) refers to a provision of the old Act or a regulation made under the old Act, the reference shall be read as a reference to the old Act or the regulation made under the old Act as it read immediately before the repeal of the old Act.

(3) For greater certainty, nothing in subsection 255 (5) of the Act shall be construed as affecting the effective date of a term or condition on a licence that was imposed or amended under the old Act before the day this section comes into force and no request for a hearing by the Tribunal in respect of such a term or condition shall have the effect of staying the effective date.

43. Omitted (provides for coming into force of provisions of this Regulation).

 

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