role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 87, Vital Statistics Amendment Act, 2023

Armstrong, Teresa J.

Please select

View bill

Status

Debates

Acts affected

Original

Bill 87 Original (PDF)

EXPLANATORY

NOTE

The

Vital Statistics Act is amended. Here are some

highlights:

1. The

Act is amended to provide for the meaning of next of kin of an adopted person

and the meaning of next of kin of a birth parent of an adopted person.

2. The

Act is amended to permit the next of kin of a deceased adopted person or the

next of kin of a deceased birth parent of an adopted person, as the case may

be, to access adoption information.

3. T he Act is amended to permit

the Registrar General to enter into an agreement with an authority responsible

for birth or adoption registrations in another province or territory of Canada in

order to share information for certain purposes and if certain conditions are

met.

Bill 87 2023

Act to amend the Vital Statistics Act to provide for greater access to information

related to adoptions

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

The Vital Statistics Act is amended by adding the

following section:

Interpretation

Interpretation,

next of kin re adoption

1.1

(1) A

reference to the next of kin of an adopted person is a reference to the

person’s child, grandchild, great-grandchild or other descendant.

Same

(2) A

reference to the next of kin of a birth parent of an adopted person is a

reference to the birth parent’s child, grandchild, great-grandchild or other

descendant, parent or sibling.

The Act is amended by adding the following

section immediately before the

heading “Changes of Name”:

Sharing

of information, child born in another province or territory of Canada

30.0.1

(1) If a

child born in another province or territory of Canada has been adopted in

Ontario under the Child, Youth and Family Services Act,

2017 , or a predecessor of it, the Registrar General may enter into an

agreement with an authority responsible for having charge of the registration

of births in that province or territory respecting the sharing of information.

Same

(2) For

the purposes of subsection (1), the Registrar General shall only disclose

information to the authority if it is authorized to disclose that information under

this Act or any other Act.

(1) Subsection 48.1 (1) of the Act is amended by striking out “An

adopted person” at the beginning and substituting “An adopted person or the next

of kin of a deceased adopted person”.

(2) Subsections

48.1 (2) and (3) of the Act are repealed and the following substituted:

Age

restriction, adopted person and next of kin of deceased adopted person

(2) The

applicant is not entitled to apply for the uncertified copies until the

applicant is at least 18 years old.

Disclosure

(3) Subject

to subsections (5), (6), (7), (9), (10) and (11), the applicant may obtain the

uncertified copies from the Registrar General upon payment of any required fee

and upon production of any evidence of the applicant’s identity and age and, if

the applicant is the next of kin of the deceased adopted person, the adopted

person’s death, that may be required by the Registrar General.

(1) Subsection 48.2 (1) of the Act is amended by striking out “A

birth parent of an adopted person” at the beginning in the portion before

paragraph 1 and substituting “A birth parent of an adopted person or the next

of kin of a deceased birth parent of an adopted person”.

(2) Section

48.2 of the Act is amended by adding the following subsection:

Age

restriction, next of kin of a deceased birth parent of an adopted person

(2.1) The

next of kin of a deceased birth parent is not entitled to apply for the

information described in subsection (1) until the next of kin is at least 18

years old and the adopted person is at least 19 years old.

(3) Subsection

48.2 (3) of the Act is repealed and the following substituted:

Disclosure

(3) Subject

to subsections (5) and (7), the applicant may obtain the information described

in subsection (1) from the Registrar General upon payment of any required fee

and upon production of any evidence of the applicant’s identity and age and, if

the applicant is the next of kin of the deceased birth parent, the birth

parent’s death, that may be required by the Registrar General.

(4) Subsection

48.2 (7) of the Act is repealed and the following substituted:

Effect

of disclosure veto

(7) If

a disclosure veto submitted by an adopted person under subsection 48.5 (2) is

in effect, the Registrar General shall not give the information described in

subsection (1) to,

(

a) any

applicant who applies for the information under subsection (1), if the

disclosure veto does not specify a birth parent, or the next of kin of that

birth parent if the birth parent is deceased, against whom it is effective; or

(

b) if

the adopted person specifies in the disclosure veto that it is to be effective

only against a particular birth parent, or the next of kin of that birth parent

if the birth parent is deceased, the birth parent or next of kin of that birth

parent specified in the disclosure veto.

(1) Subsection 48.3 (1) of the Act is repealed and the following

substituted:

Notice,

preferred manner of contact

Adopted

person

(1) An

adopted person who is at least 18 years old may submit to the Registrar General

a notice specifying the adopted person’s preferences concerning the manner in

which a birth parent of the adopted person, or the next of kin of that birth

parent if the birth parent is deceased, may contact the adopted person.

(2) Subsection

48.3 (2) of the Act is repealed and the following substituted:

Birth

parent

(2) A

birth parent may submit to the Registrar General a notice specifying the birth

parent’s preferences concerning the manner in which the adopted person, or the next

of kin of that adopted person if the adopted person is deceased, may contact the

birth parent.

(3) Subsections

48.3 (4) and (5) of the Act are repealed and the following substituted:

Exception

(4) Despite

subsection (3), a notice submitted by an adopted person with respect to a birth

parent or the next of kin of a deceased birth parent does not come into effect

if, before the match is made, the Registrar General has already given that

birth parent or the next of kin of that deceased birth parent the information

described in subsection 48.2 (1).

Same

(5) Despite

subsection (3), a notice submitted by a birth parent does not come into effect

if, before the match is made, the Registrar General has already given the

adopted person or the next of kin of the deceased adopted person the

uncertified copies of registered documents described in subsection 48.1 (1).

(1) Subsection 48.4 (1) of the Act is amended by adding “or the next

of kin of a deceased birth parent” at the end.

(2) Subsection

48.4 (3) of the Act is amended by adding “or the next of kin of the deceased

adopted person” at the end.

(3) Subsections

48.4 (6) and (7) of the Act are repealed and the following substituted:

Exception

(6) Despite

subsection (5), a notice submitted by an adopted person with respect to a birth

parent or the next of kin of a deceased birth parent does not come into effect

if, before the match is made, the Registrar General has already given that

birth parent or the next of kin of that deceased birth parent the information

described in subsection 48.2 (1).

Same

(7) Despite

subsection (5), a notice submitted by a birth parent does not come into effect

if, before the match is made, the Registrar General has already given the

adopted person or the next of kin of the deceased adopted person the

uncertified copies of registered documents described in subsection 48.1 (1).

(1) Subsection 48.5 (2) of the Act is amended by adding “or to the next

of kin of a deceased birth parent” at the end.

(2) Subsection

48.5 (3) of the Act is amended by adding “or the next of kin of that birth

parent, if that birth parent is deceased” at the end.

(3) Subsection

48.5 (5) of the Act is amended by adding “or to the next of kin of the deceased

adopted person” at the end.

(4) Subsections

48.5 (9) and (10) of the Act are repealed and the following substituted:

Exception

(9) Despite

subsection (8), a disclosure veto submitted by an adopted person with respect

to one or two birth parents or to the next of kin of a deceased birth parent does

not come into effect with respect to any birth parent or to the next of kin of

a deceased birth parent to whom the Registrar General has already given the

information described in subsection 48.2 (1) before the match is made.

Same

(10) Despite

subsection (8), a disclosure veto submitted by a birth parent does not come

into effect if, before the match is made, the Registrar General has already

given the adopted person or the next of kin of the deceased adopted person the

uncertified copies of the documents described in subsection 48.1 (1).

The Act is amended by adding the following

section immediately before the

heading “Disclosure of Death Information”:

Sharing

of information,

child adopted in another province or territory of Canada

48.8

(1) The

Registrar General may enter into an agreement with an authority responsible for

having charge of the registration of adoptions in another province or territory

of Canada respecting the sharing of information.

Same

(2) Under

an agreement entered into under subsection (1), the Registrar General may

disclose information to the authority if it is necessary to,

(

a) enable

the Registrar General to determine if a disclosure veto or contact preference

has been filed in the authority’s province or territory; or

(

b) enable

the authority to determine if a disclosure veto or contact preference has been

filed under this Act.

Same

(3) For

the purposes of subsection (2), the Registrar General shall only disclose

information to the authority if it is authorized to disclose that information

under this Act or any other Act.

Section 56.1 of the Act is repealed and the following substituted:

Offences

re contacting adopted person or birth parent despite notice

Contacting

birth parent despite notice

56.1

(1) If,

under

section 48.1, an adopted person or the next of kin of a deceased adopted

person receives notice that a birth parent does not wish to be contacted, the

adopted person or the next of kin of the deceased adopted person, as the case

may be, shall not knowingly contact or attempt to contact the birth parent,

either directly or indirectly.

Contacting

adopted person despite notice

(2) If,

under

section 48.2, a birth parent or the next of kin of a deceased birth

parent receives notice that the adopted person does not wish to be contacted by

the birth parent or the next of kin of the deceased birth parent, as the case

may be, that person shall not knowingly contact or attempt to contact the

adopted person, either directly or indirectly.

Other

persons

(3) No

person shall contact or attempt to contact a birth parent on behalf of an

adopted person or the next of kin of a deceased adopted person if the adopted

person or the next of kin of the deceased adopted person is prohibited by

subsection (1) from doing so.

Same

(4) No

person shall contact or attempt to contact an adopted person on behalf of a

birth parent or the next of kin of a deceased birth parent if the birth parent or

the next of kin of the deceased birth parent is prohibited by subsection (2) from

doing so.

Penalty

(5) A

person who contravenes subsection (1), (2), (3) or (4) is guilty of an offence

and, on conviction, is liable to a fine of not more than $50,000 for an

individual or $250,000 for a corporation.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Vital Statistics

Amendment Act, 2023 .

Date Bill stage Event Outcome Committee

March 27, 2023

First Reading

Ordered for Second Reading

March 27, 2023

First Reading

Vote

Carried

First Reading

March 27, 2023

Carried