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ontario regulation 250/07

made under the

Child and Family Services Act

Made: June 6, 2007
Filed: June 8, 2007
Published on e-Laws: June 11, 2007
Printed in The Ontario Gazette: June 23, 2007

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

(General)

1. Subsection 57 (3.1), (3.2) (3.3), (3.4) and (3.5) of the Regulation are revoked.

2. The Regulation is amended by adding the following sections immediately before the heading “EXPENSES”:

57.1 (1) In sections 57.2 and 57.3,

“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, with respect to an adopted person, a parent of one of the adopted person’s birth parents;

“birth parent” means, with respect to an adopted person, an adopted person’s biological mother or father;

“birth relative” 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 sibling” means, with respect to an adopted person, a brother or sister of an adopted person who is the child of either or both of the birth parents, and includes a person with respect to whom either or both of the birth parents has demonstrated a settled intention to treat as a child of his or her family;

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

(2) In this section and in sections 57.2 and 57.3, a reference to a child, son, daughter, parent, birth grandparent, birth sibling, birth relative or descendent includes a reference to any person so related to another by adoption unless a contrary intention appears in the sections.

(3) For greater certainty, subsection (2) does not apply to a reference to an adopted person’s birth parent.

57.2 (1) This section applies if an adopted person, the son or daughter of an adopted person or any other descendant of an adopted person suffers from a severe mental or physical illness or has suffered from such an illness in the past.

(2) For the purposes of subsection 168.1 (1) of the Act, a person referred to in subsection (1) who suffers from a severe mental or physical illness may ask the Registrar to conduct a search for any of the adopted person’s birth relatives if,

(a) the person requesting the search will derive a direct medical benefit should a search by the Registrar result in the location of the birth relative; or

(b) there are reasons to believe that the birth relative 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.

(3) For the purposes of subsection 168.1 (1) of the Act, in the circumstances described in subsection (1), a person, other than the person who is ill and entitled to request a search under subsection (2), may ask the Registrar to conduct a search for any of the adopted person’s birth relatives if there are reasons to believe that the birth relative,

(a) may suffer from a severe mental or physical illness or have a medically established risk of contracting such an illness; and

(b) will derive a direct medical benefit from being located.

(4) A person may ask the Registrar to conduct a search under subsection (3) only if he or she is one of the following:

1. The adopted person.

2. The son or daughter of the adopted person.

3. Any other descendant of the adopted person.

4. In a case where it was the adopted person who suffered from the severe mental or physical illness and the adopted person has died, any of the following persons:

i. The adopted person’s spouse.

ii. The executor of the adopted person’s estate.

iii. A person who is,

A. 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

B. legally authorized to practise medicine or psychology in a jurisdiction outside of Ontario.

(5) The following rules apply if the person who is entitled to request that the Registrar conduct a search under subsection (2) or (3) is a minor, being less than 18 years of age:

1. Subject to paragraph 2, the minor is not entitled to ask the Registrar to conduct the search.

2. An adopted person who is a minor has the right to ask the Registrar to conduct the search with the consent of his or her adopted 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 Registrar to conduct the search on behalf of the minor.

(6) Nothing in this section shall prevent a person from asking the Registrar to conduct a search under subsection (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 Registrar to conduct a search under subsection (2) or (3).

(7) If the Registrar conducts a search at the request of a person under this section for a birth relative of an adopted person, other than the birth parent, and the birth relative is less than 18 years of age, the Registrar shall upon locating the birth relative,

(a) not contact the birth relative directly;

(b) contact the parent of the birth relative or the person who has custody of the birth relative.

57.3 (1) This section applies if an adopted person’s birth parent, birth grandparent, birth sibling or other birth relative suffers from a severe mental or physical illness or has suffered from such an illness in the past.

(2) For the purposes of subsection 168.1 (1) of the Act, a person referred to in subsection (1) who suffers from a severe mental or physical illness may ask the Registrar to conduct a search for the adopted person or the son or daughter or other descendant of the adopted person if,

(a) the person requesting the search will derive a direct medical benefit should a search by the Registrar 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.

(3) For the purposes of subsection 168.1 (1) of the Act, in the circumstances described in subsection (1), a person, other than the person who is ill and entitled to request a search under subsection (2), may ask the Registrar to conduct a search for the adopted person or the son or daughter or other descendant of the adopted person if there are reasons to believe that that person,

(a) may suffer from a severe mental or physical illness or have a medically established risk of contracting such an illness; and

(b) will derive medical benefit from being located.

(4) A person may ask the Registrar to conduct a search under subsection (3) only if he or she is one of the following:

1. The adopted person’s birth parent.

2. The adopted person’s birth grandparent.

3. The adopted person’s birth sibling.

4. Any other birth relative of the adopted person.

5. In a case where it was the birth parent who suffered from the severe mental or physical illness and the birth parent has died, any of the following persons:

i. The birth parent’s spouse.

ii. The executor of the birth parent’s estate.

iii. A person who is,

A. 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

B. legally authorized to practise medicine or psychology in a jurisdiction outside of Ontario.

(5) The following rules apply if a person who is entitled to ask the Registrar to conduct a search under subsection (2) or (3) is a minor, being less than 18 years of age:

1. Subject to paragraph 2, the minor is not entitled to ask the Registrar to conduct the search.

2. A birth parent who is a minor has the right to ask the Registrar to conduct the search.

3. The person’s parents or the person with legal custody of the minor may ask the Registrar to conduct the search on behalf of the minor.

(6) Nothing in this section shall prevent a person from asking the Registrar to conduct a search under subsection (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 Registrar to conduct a search under subsection (2) or (3).

(7) If the Registrar conducts a search at the request of a person under this section for an adopted person or a son, daughter or other descendant of the adopted person and the person who is sought is less than 18 years of age, the Registrar 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.