O. Reg. 560/07: Adoption Information Disclosure

 

ontario regulation 560/07

made under the

Child and Family Services Act

Made: December 5, 2007
Filed: December 7, 2007
Published on e-Laws: December 10, 2007
Printed in The Ontario Gazette: December 22, 2007

Amending O. Reg. 464/07

(Adoption Information Disclosure)

1. (1) The definition of “MCSS custodian” in section 1 of Ontario Regulation 464/07 is amended by striking out “Director of the Management Support Branch” and substituting “Director of the Operational Support Branch”.

(2) The definition of “ORG custodian” in section 1 of the Regulation is amended by striking out “Ministry of Government Services” and substituting “Ministry of Government and Consumer Services”.

(3) The definition of “ServiceOntario custodian” in section 1 of the Regulation is amended by striking out “Ministry of Government Services” and substituting “Ministry of Government and Consumer Services”.

2. (1) Paragraph 1 of subsection 3 (1) of the Regulation is amended by striking out “Director of the Management Support Branch” and substituting “Director of the Operational Support Branch”.

(2) Paragraphs 2 and 4 of subsection 3 (1) of the Regulation are amended by striking out “Ministry of Government Services” wherever it appears and substituting in each case “Ministry of Government and Consumer Services”.

3. Section 10 of the Regulation is amended by adding the following subsection:

(2.1) Despite subsection (2), if the MCSS custodian becomes aware that one of the persons who has been matched under that subsection is deceased, the only information with respect to the deceased that shall be disclosed under subsection (2) to an adopted person, birth parent, birth grandparent or birth sibling, as the case may be, is the name of the deceased and the fact that he or she is deceased.

4. Subsections 12 (3), (4) and (5) of the Regulation are amended by striking out “Director of the Management Support Branch” wherever it appears and substituting in each case “Director of the Operational Support Branch”.

5. Subsections 13 (2) and (3) of the Regulation are amended by striking out “Director of the Management Support Branch” wherever it appears and substituting in each case “Director of the Operational Support Branch”.

6. (1) Clause 14 (5) (a) of the Regulation is amended by striking out “Director of the Management Support Branch” and substituting “Director of the Operational Support Branch”.

(2) Subsection 14 (6) of the Regulation is amended by striking out “The Director of the Management Support Branch at the Ministry of Children and Youth Services shall provide any information that ministry” at the beginning and substituting “The Director of the Operational Support Branch at the Ministry of Children and Youth Services shall provide any information that the ministry”.

(3) Subsection 14 (7) of the Regulation is amended by striking out “Director of the Management Support Branch” in the portion before paragraph 1 and substituting “Director of the Operational Support Branch”.

7. (1) Subsection 17 (1) of the Regulation is amended by striking out “suffers from a severe mental or physical illness and has suffered” in the portion before clause (a) and substituting “suffers from a severe mental or physical illness or has suffered”.

(2) Paragraph 2 of subsection 17 (4) of the Regulation is amended by striking out “with the consent of his or her adoptive parents” and substituting “with the consent of an adoptive parent”.

(3) Paragraph 3 of subsection 17 (4) of the Regulation is revoked and the following substituted:

3. A parent of the minor or a person with custody of the minor may ask the MCSS custodian to conduct the search on behalf of the minor.

8. Paragraph 3 of subsection 18 (4) of the Regulation is revoked and the following substituted:

3. A parent of the minor or a person with custody of the minor may ask the MCSS custodian to conduct the search on behalf of the minor.

9. Clause 19 (3) (b) of the Regulation is amended by striking out “subsection (1)” at the end and substituting “subsection 16 (1)”.

10. Subsections 21 (1) and (2) of the Regulation are revoked and the following substituted:

(1) If the MCSS custodian identifies and locates a person as a result of a search under section 16, the MCSS custodian shall,

(a) advise the located person of the reasons for the search and the rules relating to disclosure of information under this section; and

(b) disclose information relating to the adoption in accordance with this section.

(2) The MCSS custodian shall disclose information relating to the person who requested the search to the located person in accordance with the following rules:

1. Identifying information shall only be disclosed if the person who requested the search consents to the disclosure.

2. Any other information, including information relating to the person’s family medical history, that was provided by the person who requested the search shall be disclosed to the located person.

(2.1) The MCSS custodian shall disclose information relating to the located person to the person who requested the search in accordance with the following rules:

1. Identifying information shall only be disclosed if the located person consents to the disclosure.

2. Any other information, including information relating to the person’s family medical history, that was provided by the located person shall be disclosed to the person who requested the search.

11. The Regulation is amended by adding the following section:

Disclosure of Copies of Adoption Orders

Access to copies of adoption orders

21.1 (1) The adoptive parent of an adopted person or an adopted person who is at least 18 years of age may apply to the MCSS custodian for a copy of the adoption order relating to the adopted person.

(2) Upon receipt of a request under subsection (1), the MCSS custodian shall,

(a) ask the Director of the Operational Support Branch at the Ministry of Children and Youth Services to provide a copy of the adoption order in question; and

(b) if the Director of the Operational Support Branch at the Ministry of Children and Youth Services is not able to provide the copy of the adoption order, ask the Registrar General to provide a copy of the order.

(3) The Director of the Operational Support Branch at the Ministry of Children and Youth Services shall,

(a) provide the MCSS custodian with a copy of the adoption order; or

(b) indicate to the MCSS custodian that he or she will not be able to provide a copy of the order. 

(4) If asked to provide a copy of an adoption order, the Registrar General shall provide the copy to the MCSS custodian.

(5) Upon receipt of a copy of an adoption order from the Director of the Operational Support Branch at the Ministry of Children and Youth Services or the Registrar General, the MCSS custodian shall delete any information that may reveal the identity of a birth parent from the copy of the adoption order and provide the redacted copy to the person who made the request.

12. Clause 22 (1) (a) of the Regulation is amended by striking out “Director of the Management Support Branch” and substituting “Director of the Operational Support Branch”.

13. Section 23 of the Regulation is amended by adding the following subsection:

(2) Despite subsection (1), the MCSS custodian shall, before providing a copy of an adoption order or information under subsection (1),

(a) if the request for information is made by the Public Guardian and Trustee or an estate trustee on behalf of a birth family member, delete any information that may reveal the identity of the adopted person from the copy of the order or from the information; and

(b) if the request for information is made by the Public Guardian and Trustee or an estate trustee on behalf of an adopted person, delete any information that might reveal the identity of a birth parent from the copy of the order or from the information.

14. (1) Subsection 25 (2) of the Regulation is amended by striking out “Director of the Management Support Branch” and substituting “Director of the Operational Support Branch”.

(2) Subsection 25 (3) of the Regulation is amended by striking out “sections 11, 12, 13, 14 or 16” and substituting “section 8, 9, 10, 11, 12, 13, 14 or 16”.

(3) Subsection 25 (4) of the Regulation is amended by striking out “Director of the Management Support Branch” and substituting “Director of the Operational Support Branch”.

(4) Subsection 25 (5) of the Regulation is revoked and the following substituted:

(5) A person who is required to provide information relating to an adoption to the MCSS custodian under subsection (1) or (2) shall provide the MCSS custodian with any information relating to the adoption in their possession as may be specified by the MCSS custodian.

(6) A person who is required to provide information relating to an adoption to the MCSS custodian under subsection (3) shall provide the MCSS custodian with the information described in that subsection that is required by the MCSS custodian.

15. Section 26 of the Regulation is amended by striking out “Director of the Management Support Branch” and substituting “Director of the Operational Support Branch”.

16. Subsection 27 (2) of the Regulation is amended by striking out “Director of the Management Support Branch” and substituting “Director of the Operational Support Branch”.

17. Paragraph 5 of subsection 32 (2) of the Regulation is amended by striking out “Director of the Management Support Branch” and substituting “Director of the Operational Support Branch”.

18. This Regulation comes into force on the day it is filed.