O. Reg. 625/05: GENERAL

 

ontario regulation 625/05

made under the

child and family services act

Made: December 7, 2005
Filed: December 8, 2005
Published on e-Laws: December 9, 2005
Printed in The Ontario Gazette: December 24, 2005

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

(General)

1. Section 57 of Regulation 70 of the Revised Regulations of Ontario, 1990 is amended by adding the following subsections:

(3.1) A person described in subsection (3.3) may ask that a search for another person be conducted under subsection 168.1 (1) of the Act in one of the following circumstances:

1. The person requesting the search, or the person on whose behalf the search is requested, suffers from a severe mental or physical illness and will derive a direct medical benefit should the search result in the location of the person who is sought.

2. The person who is sought may suffer from or be at risk of contracting a severe mental or physical illness and will derive a direct medical benefit from being located.

(3.2) In subsection (3.1),

“direct medical benefit” means any increase in the likelihood of diagnosing a severe mental or physical illness or of treating the illness.

(3.3) The following persons are prescribed as the persons who may ask that a search for another person be conducted under subsection 168.1 (1) of the Act:

1. An adopted person, if he or she has attained the age of 18 years or has the consent of his or her adoptive parent.

2. A birth parent or birth grandparent.

3. A birth sibling, if he or she has attained the age of 18 years.

4. An adoptive parent, on behalf of an adopted person who is under 18 years of age.

5. A person having legal custody of an adopted person who is under 18 years of age or of a birth sibling who is under 18 years of age.

6. Any person acting on behalf of a person referred to in paragraph 1, 2 or 3 who lacks the capacity to ask that the search be conducted.

(3.4) The following persons are prescribed as the class of persons who may be the subject of a search under subsection 168.1 (1) of the Act:

1. An adopted person who has attained the age of 18 years.

2. A birth parent or birth grandparent.

3. A birth sibling.

4. An adoptive parent, if the adopted person is under 18 years of age.

5. A person having legal custody of an adopted person who is under 18 years of age or of a birth sibling who is under 18 years of age.

(3.5) In subsections (3.3) and (3.4),

“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;

“birth grandparent” means any parent of a birth parent;

“birth parent” means an adopted person’s biological mother or father;

“birth sibling” means a child of the same birth parent as an adopted person.

2. This Regulation comes into force on the later of the day subsection 23 (1) of the Adoption Information Disclosure Act, 2005 comes into force and the day this Regulation is filed.