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Intercountry Adoption Act, 1998

Ontario regulation 200/99

GENERAL

Consolidation Period:  From July 1, 2017 to the e-Laws currency date.

Last amendment:  O. Reg. 171/17.

This is the English version of a bilingual regulation.

Central Authority and Directors

1. For the purpose of Article 6 of the Convention, the Central Authority for Ontario is the Ministry of Children and Youth Services.  O. Reg. 200/99, s. 1; O. Reg. 171/17, s. 1.

2. The Coordinator of Private and International Adoption, Ministry of Children and Youth Services, including any person who holds the position in an acting capacity, is a Director for the purposes of the Act. O. Reg. 171/17, s. 2.

Assignment of Functions of Central Authority

3. If a licensee meets the qualifications for an accredited body under Article 11 of the Convention, the licensee may perform the following functions of the Central Authority:

1. Receive applications from persons wishing to adopt a child from another country, as provided for in Article 14.

2. Ensure that prospective adoptive parents have agreed to the proposed adoption of a child from another country, as provided for in Article 17 (a).

3. Take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State, as provided for in Article 18.

4. Ensure that the transfer of the child takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents, as provided for in Article 19 (2).

5. Provide progress reports to the Central Authority of a child’s State of origin or to a Director about the adoption process and measures taken to complete it, as well as the progress of the placement if a probationary period is required, as provided for in Article 20.

6. Take the measures necessary to protect a child during a probationary period in accordance with Article 21.  O. Reg. 200/99, s. 3.

Prescribed Persons and Bodies

4. The following are prescribed persons and bodies for the purposes of clause 7 (d) of the Act:

1. Children’s aid societies in Ontario.

2. Ministries and agencies of the Government of Ontario.

3. The authorities responsible for law enforcement in Ontario.  O. Reg. 200/99, s. 4.

Definition of Facilitate

5. For the purpose of subsection 8 (1) of the Act,

“facilitate”, with respect to an adoption, means any of the following:

1. Receive an application under section 5 of the Act.

2. Submit a report of an adoption homestudy to a Director.

3. Present a proposal to adopt a particular child to an applicant whose eligibility and suitability to adopt has been approved by a Director.

4. Submit an applicant’s consent or refusal to adopt a particular child to the Central authority of a child’s State of origin, the authority responsible for adoption in the child’s State of origin or a Director.

5. Submit to the Central authority of a child’s State of origin, the authority responsible for adoption in the child’s State of origin or a Director a progress report concerning a child who has been placed for adoption but whose adoption has not been finalized when such a report is requested by the State of origin.  O. Reg. 200/99, s. 5.

Expenses for which Fees may be Charged

6. The following are prescribed as classes of expenses incurred by a licensee for the purposes of clause 19 (a) of the Act:

1. Expenses incurred in receiving and processing applications for intercountry adoptions from prospective adoptive parents.

2. Expenses incurred with respect to the provision of adoption orientation and preparation to applicants for intercountry adoptions.

3. Expenses incurred with respect to an adoption homestudy.

4. Expenses incurred with respect to proposals to adopt particular children presented to applicants whose eligibility and suitability to adopt has been approved by a Director.

5. Expenses incurred in submitting applicants’ consents or refusals to adopt particular children to the Central authority of a child’s State of origin, the authority responsible for adoption in the child’s State of origin or a Director.

6. Expenses incurred in obtaining permission for a child to leave his or her State of origin and enter and reside permanently in Ontario.

7. Expenses incurred in making arrangements for the secure and appropriate transfer of a child from the State of origin to Ontario.

8. If an adoption placement requires a probationary period before finalization, expenses incurred in making arrangements for supervising the placement.

9. Expenses incurred in making progress reports and follow up reports.

10. Any expenses the licensee incurs with respect to services related to the adoption provided in the child’s State of origin in accordance with the laws of that State.

11. Expenses with respect to the administration of an intercountry adoption.  O. Reg. 200/99, s. 6.

7. The following is prescribed as a class of expenses incurred by a person authorized to make a home study under subsection 5 (3) of the Act for the purposes of clause 19 (b) of the Act:

1. Expenses incurred by the person in preparing a home study to assess the prospective adoptive parent’s eligibility and suitability to adopt.  O. Reg. 200/99, s. 7.

8. The following is prescribed as a class of expenses incurred by a Director for the purposes of clause 19 (c) of the Act:

1. Expenses incurred by the Director in processing an adoptive parent’s or prospective adoptive parent’s intercountry adoption file.

2. Expenses with respect to the administration of an adoptive parent’s or prospective adoptive parent’s intercountry adoption file.  O. Reg. 200/99, s. 8.

Licences

9. (1) An application under section 8 of the Act for a licence or for renewal of a licence shall be in the form approved by the Minister.  O. Reg. 200/99, s. 9 (1).

(2) The application shall contain the following information:

1. The name, address, telephone number and other relevant identifying information concerning the applicant.

2. Information concerning the applicant’s knowledge of the legislation of Canada, Ontario and foreign jurisdictions relevant to intercountry adoption.

3. Information concerning the applicant’s training, experience and expertise with respect to intercountry adoption.

4. Information concerning the applicant’s ability to provide services and carry out administrative procedures in accordance with the Act.  O. Reg. 200/99, s. 9 (2).

(3) For the purposes of subsections 8 (2) and (3) of the Act, there is no fee payable on an application for a licence or for a renewal of a licence. O. Reg. 171/17, s. 3.

(4) A licence expires one year after it is issued.  O. Reg. 200/99, s. 9 (4).

Records and Reports

10. (1) Every licensee shall open and keep up to date a separate file with respect to each prospective adoptive parent.  O. Reg. 200/99, s. 10 (1).

(2) If a child who is the subject of an adoption proposal is not transferred to Ontario from his or her State of origin, the licensee with respect to that child shall return to a Director all copies of the adoption proposal with respect to that child.  O. Reg. 200/99, s. 10 (2).

(3) Subject to subsection (2) and section 18 of the Act, every licensee shall permanently retain each file referred to in subsection (1).  O. Reg. 200/99, s. 10 (3).

11. (1) Every licensee shall keep a record of all expenditures made and money received with respect to the licensee’s facilitation of intercountry adoptions.  O. Reg. 200/99, s. 11 (1).

(2) Every licensee shall keep a separate book of account showing, for each prospective adoptive parent with respect to whom the licensee makes a deposit or withdrawal of money, the name of the adoptive parent from whom the deposit or withdrawal is made and the date of that deposit or withdrawal.  O. Reg. 200/99, s. 11 (2).

(3) Every licensee shall, when required by a Director, prepare and submit financial reports, including reports by a public accountant licensed under the Public Accounting Act, 2004, with respect to the licensee’s facilitation of intercountry adoptions.  O. Reg. 200/99, s. 11 (3); O. Reg. 171/17, s. 4.

12. A corporate licensee shall notify a Director in writing within 15 days after any change in the officers or directors of the corporation.  O. Reg. 200/99, s. 12.

Power of Entry

13. A person entering premises under section 17 of the Act shall produce identification, including evidence of appointment, on the request of the occupier.  O. Reg. 200/99, s. 13.

Exemption

13.1 The Act and the regulations do not apply to an adoption to which the Convention applies if the adoption will be finalized in an Ontario court.  O. Reg. 135/00, s. 1.

14. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 200/99, s. 14.

 

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