Disclosure and Protection of Adoption Information Act, 2003 Wettlaufer, Wayne — Bill 60 (37th Parliament, 4th Session)

Bill 60, 37-4

Ontario — Bills

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Bill 60, Disclosure and Protection of Adoption Information Act, 2003

Wettlaufer, Wayne

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[37] Bill 60 Original (PDF)

Bill 60 2003

An Act to amend the

Vital Statistics Act and the

Child and Family Services Act

in respect of disclosure and protection

of adoption information

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:

Access by adopted person

(6) Despite anything else in this Act, but subject to

subsection (8), 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 after this subsection comes into force 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.

No contact of birth parent

(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 to the adopted person, instead of the copy

of the original birth registration,

(

a) the notice, or the information contained in it;

(

b) the information, if any, that the Registrar General has received under

subsection 165.1 (3) of that Act with respect to the parent; and

(

c) a notice that there is no information as described in clause (b), if

that is the case.

Access by birth parent

(9) Despite anything else in this Act, but subject to

subsection (11), 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 after this subsection

comes into force 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

(10) Subsection (9) 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.

No contact of adopted person

(11) 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 to the birth parent, instead of the copy of

the original birth registration,

(

a) the notice, or the information contained in it;

(

b) the information, if any, that the Registrar General has received under

subsection 165.1 (5) of that Act with respect to the adopted person; and

(

c) a notice that there is no information as described in clause (b), if

that is the case.

2. The Act is amended by adding the following

section:

Unsealing file

29.1 The Registrar General may, for the

purposes of subsections 28 (6) and (9) and

section 29 and for the

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

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

Child and Family

Services Act

3. 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 (8) or (11) of the Vital Statistics Act , or

(iv) who receive a document under subsection 28 (6) or (9) of the

Vital Statistics Act ;

(

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

section 165.1;

4. 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.

5. The Act is amended by adding the following

section:

Notices for Non-Disclosure of Information

Notices for non-disclosure of information

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")

Identifying information of birth parent

(2) A birth parent who wishes that the Registrar not disclose

his or her identifying information to the person named as his or her child in

the original birth registration may file written notice of the wish with the

Registrar.

Other information

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

together with the notice,

(

a) a written statement of the parent's reasons for not wishing to be

contacted;

(

b) a written statement that briefly summarizes any information that the

parent has about,

(

i) any genetic conditions that the parent has and any past and present

serious illnesses,

(ii) any genetic conditions and past and present serious illnesses of,

(

A) his or her own parents,

(

B) the other birth parent or the other biological parent, if only one

person's name appears on the original birth registration as parent, and

(

C) the parents of the parent described in sub-subclause (B),

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

subclause (ii) who are no longer alive, and

(iv) any other health-related matters that may be relevant; and

(

c) a written statement of any other non-identifying information that may

be relevant.

Identifying information of adopted person

(4) An adopted person who wishes that the Registrar not

disclose his or her identifying information to 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

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

provide, together with the notice,

(

a) a written statement of the person's reasons for not wishing to be

contacted;

(

b) a written statement of any other information that the person wishes 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

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

contained in it, together with any other information that the birth parent or

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

the Vital Statistics Act and the Registrar General shall match the

material received with the original birth registration.

Non-application

(7) Subsections 2 (2), (3) and (4) of the Vital Statistics

Act do not apply to anything disclosed under subsections (3), (5) and

(6).

Effective notice

(8) A notice under subsection (2) or (4) becomes effective for

the purposes of subsection 28 (8) or (11) 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 or upon the expiry of

seven days, whichever is less.

Advice to Registrar

(9) When a notice becomes effective, the Registrar General

shall advise the Registrar of the fact.

Withdrawal of notice

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

(4) may withdraw it at any time in writing.

Effect of withdrawal

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

(10) may file a further notice under subsection (2) or (4), as the case may be, in

respect of the same original birth registration.

Privacy

(12) 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

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

under this section.

6. (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.

7. The Act is amended by adding the following

section:

Offence, contacting persons

176.1

(1) No adopted person who

shall knowingly contact or attempt to contact his or her birth parent,

directly or indirectly, except if,

(

a) the adopted person uses information that the person is authorized to

obtain under

section 167 or 169; or

(

b) the adopted person has obtained a document that the person is

authorized to obtain under subsection 28 (6) of the Vital Statistics

Act .

Same, agent

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

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

prohibited from doing so by subsection (1).

Offence, contacting adopted person

(3) No birth parent of an adopted person shall knowingly

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

except if,

(

a) the parent uses information that the parent is authorized to obtain

under

section 167 or 169; or

(

b) the parent has obtained a document that the parent is authorized to

obtain under subsection 28 (9) of the Vital Statistics Act .

Same, agent

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

adopted person, directl

Document details

Collection	Ontario — Bills
Citation	Bill 60, 37-4
Type	bill
Volume / chapter	p37 s4 bill 60 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	fabbe0d0efd8426408c03da1bbdb726f3c8786a4

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