Adoption Disclosure Statute Law Amendment Act, 2003 Churley, Marilyn — Bill 16 (37th Parliament, 4th Session)

Bill 16, 37-4

Ontario — Bills

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Bill 16, Adoption Disclosure Statute Law Amendment Act, 2003

Churley, Marilyn

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[37] Bill 16 Original (PDF)

Bill 16 2003

An Act to amend

the Vital Statistics Act

and the Child and Family

Services Act in respect of

adoption disclosure

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

Assembly of the Province of Ontario, enacts as follows:

Vital Statistics Act

Section 28 of the Vital Statistics Act , as

amended by the Statutes of Ontario, 1994,

chapter 27,

section 102, is amended

by adding the following subsections:

Exception

(6) Despite anything else in this Act, a person whose birth was

registered in Ontario and in respect of whom an adoption order was registered

under subsection (1) or a predecessor of that subsection is entitled, on

application and payment of the prescribed fee, to obtain a copy of the

original birth registration from the Registrar General.

Conditions

(7) Subsection (6) applies only if the adopted person,

(

a) is 18 years of age or older at the time of the application; and

(

b) produces evidence of identity that is satisfactory to the Registrar

General.

Notice, birth parent's wish not to be contacted

(8) If a birth parent has filed a notice that has become

effective under

section 165.1 of the Child and Family Services Act ,

the Registrar General shall give the notice, or the information contained in

it, to the adopted person together with the copy of the original birth

registration.

Other information

(9) The Registrar General shall also give the adopted person

any information provided by the birth parent under subsections 165.1 (3) and

(4) of the Child and Family Services Act and disclosed to the

Registrar General together with the notice; if no such information was

disclosed, the Registrar General shall advise the adopted person of that

fact.

Exception

(10) Despite anything else in this Act, the birth parent of a

person whose birth was registered in Ontario and in respect of whom an

adoption order was registered under subsection (1) or a predecessor of that

subsection is entitled, on application and payment of the prescribed fee, to

obtain from the Registrar General a copy of,

(

a) the original birth registration;

(

b) the birth registration that was substituted in accordance with

subsection (2); and

(

c) the adoption order.

Conditions

(11) Subsection (10) applies only if,

(

a) the adopted person is 19 years of age or older at the time of the

application; and

(

b) the birth parent produces evidence of identity that is satisfactory to

the Registrar General.

Notice, adopted person's wish not to be contacted

(12) If the adopted person has filed a notice that has become

effective under

section 165.1 of the Child and Family Services Act ,

the Registrar General shall give the notice, or the information contained in

it, to the birth parent together with the copies of the other documents.

Other information

(13) The Registrar General shall also give the birth parent any

information provided by the adopted person under subsection 165.1 (6) of the

Child and Family Services Act and disclosed to the Registrar General

together with the notice; if no such information was disclosed, the Registrar

General shall advise the birth parent of that fact.

Section 29 of the Act is repealed and the following

substituted:

Disclosure to Registrar of Adoption Information

29. The Registrar General may disclose

personal information to the Registrar of Adoption Information for the

purposes of

Part VII of the Child and Family Services Act .

Unsealing file

29.1 The Registrar General may, for the

purposes of subsections 28 (6) and (10) and

section 29 and for such

administrative purposes as he or she considers appropriate, unseal any file

that was sealed under this Act or a predecessor of this Act.

3. Clause 60 (

u) of the Act is repealed.

Child and Family

Services Act

4. Clauses 163 (2) (

b) and (

c) of the Child and

Family Services Act are repealed and the following

substituted:

(

b) ensure that counselling is made available on request to persons,

(

i) who receive identifying or non-identifying information from the

Registrar,

(ii) who are or may wish to be named in the register,

(iii) who are concerned that they may be affected by the disclosure of

identifying information, including the disclosure of information under

subsection 28 (6) or (10) of the Vital Statistics Act , or

(iv) who receive information under subsection 28 (8) or (12) of the

Vital Statistics Act ;

(

c) receive and deal with notices and withdrawals of notices filed under

section 165.1;

5. Subsection 165 (2) of the Act is amended by adding

the following clauses:

(

j) the disclosure of information for the purposes of

section 165.1;

(

k) the disclosure of information for the purposes of prosecutions under

section 176.1.

6. The Act is amended by adding the following

section:

Contact Veto

Definitions

165.1

(1) In this section,

"adopted person" means a person who was adopted in Ontario and is 18 years

of age or older; ("personne adoptée")

"birth parent" means a person whose name appears on an original birth

registration as parent. ("père ou mère de sang")

Notice, birth parent's wish not to be contacted

(2) A birth parent who wishes not to be contacted by the person

named as his or her child in the original birth registration may file written

notice of the wish with the Registrar.

Health-related information

(3) The birth parent shall provide, together with the notice, a

written statement that briefly summarizes any information he or she may have

about,

(

a) any genetic conditions that he or she has, and any past and present

serious illnesses;

(

b) any genetic conditions and past and present serious illnesses of his

or her own parents, of the other birth parent, or of the other biological

parent, if only one person's name appears on the original birth registration

as parent, and of his or her parents;

(

c) the cause of death and age at death of any of the persons named in

clause (

b) who are no longer alive; and

(

d) any other health-related matters that may be relevant.

Other information

(4) The birth parent shall be given an opportunity to provide,

together with the notice, written statements of,

(

a) his or her reasons for not wishing to be contacted;

(

b) any other non-identifying information that may be relevant.

Notice, adopted person's wish not to be contacted

(5) An adopted person who wishes not to be contacted by the

person named as his or her birth parent in the original birth registration

may file written notice of the wish with the Registrar.

Other information

(6) The adopted person shall be given an opportunity to

provide, together with the notice,

(

a) a written statement of his or her reasons for not wishing to be

contacted;

(

b) a written statement of any other information the adopted person may

wish to provide; and

(

c) a written authorization allowing the birth parent to disclose the

reasons and other information to any other birth relatives.

Disclosure to Registrar General

(7) The Registrar shall disclose the notice or the information

contained in it, together with any other information provided by the birth

parent or adopted person, as the case may be, to the Registrar General under

the Vital Statistics Act .

Non-application

(8) Subsections 2 (2) to (4) of the Vital Statistics

Act do not apply to anything disclosed under subsections (3), (6) and

(7).

Effective notice

(9) A notice under subsection (2) or (5) becomes effective for

the purposes of subsection 28 (8) or (12) of the Vital Statistics

Act , as the case may be, when the Registrar General has matched it with

the original birth registration and completed the match.

Ineffective notice

(10) The notice does not become effective if, before the notice

is matched with the original birth registration, the Registrar General has

already issued documents under subsection 28 (6) or (10) of the Vital

Statistics Act .

Communication re outcome

(11) When a notice becomes effective, or when the Registrar

General becomes aware that it is ineffective, he or she shall advise the

Registrar of the fact.

Withdrawal of notice

(12) A person who files a notice under subsection (2) or

(5) may withdraw it at any time, in writing.

Effect of withdrawal

(13) A person who has withdrawn a notice under subsection

(12) is not entitled to file a further notice under subsection (2) or (5), as the

case may be, in respect of the same original birth registration.

Privacy

(14) For the purposes of subsection 165 (5), a notice or

withdrawal of a notice under this

section and the information it contains,

and all other information dealt with under this

section or generated in

connection with its administration, constitute information relating to an

adoption.

Forms

(15) The Registrar may provide for and require the use of forms

under this section.

7. (1) Subsection 167 (5) of the Act is

amended by striking out "each of them receives counselling" and substituting

"counselling has been made available to each of them on

request".

(2) Subsection 167 (6) of the Act, as amended by the

Statutes of Ontario, 1999,

chapter 12,

Schedule E,

section 1, is repealed and

the following substituted:

Registrar to compile relevant material

(6) If both persons give the further consent referred to in

subsection (5), the Registrar shall compile the material described in

paragraphs 1 and 2:

1. All relevant identifying information from the records of the Ministry

and of societies and licensees.

2. If the adopted person requests it, copies of the documents referred to

in subsection 162 (2) (court file).

(3) Clause 167 (9) (

a) of the Act is repealed and the

following substituted:

(

a) make the compiled material available to the adopted person or the

other person named in the register, or to both, first ensuring that

counselling has been made available on request to each person to whom the

material is made available;

(4) Clause 167 (9) (

c) of the Act is amended by

striking out "the person will receive appropriate counselling" and

substituting "appropriate counselling will be made available to the person on

request".

(5) Subsection 167 (11) of the Act is repealed and the

following substituted:

Duty of society

(11) A society that receives compiled material under clause (9)

(

b) shall promptly make it available to the adopted person or the other

person named in the register, or both, as the case may be, first ensuring

that counselling has been made available on request to each person to whom

the material is made available.

(6) Subsection 167 (13) of the Act is repealed and the

following substituted:

Duty of society

(13) A society shall make counselling available on request to

persons who receive identifying information from the society, who are named

or may wish to be named in the register or who are concerned that they may be

affected by the disclosure of identifying information.

8. The Act is amended by adding the following

section:

Offence, contacting birth parent

despite notice

176.1

(1) No person who has been

given information under subsection 28 (8) of the Vital Statistics

Act shall knowingly contact or attempt to contact the birth parent,

directly or indirectly, except under

section 167 or 169.

Same

(2) No person shall knowingly contact or attempt to contact the

birth parent, directly or indirectly, on behalf of another person who is

prohibited from doing so by subsection (1), except under

section 167 or

Offence, contacting adopted person despite notice

(3) No person who has been given information under subsection

28 (12) of the Vital Statistics Act shall knowingly contact or

attempt to contact the adopted person, directly or indirectly, excep

Document details

Collection	Ontario — Bills
Citation	Bill 16, 37-4
Type	bill
Volume / chapter	p37 s4 bill 16 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	a60817b3af96330dc1f47c40094a1369c0858690

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