Bill 39, Access to Adoption Information Statute Law Amendment Act, 1998

Versions

B039_E

Bill 39 1998

An Act to amend the Vital Statistics Act and the Child and Family Services Act to provide Access to 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

1. Section 28 of the Vital Statistics Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 102, is further amended by adding the following subsections:

Exception

(6) Despite anything else in this Act and subject to subsection (8), the following persons are entitled, on application and payment of the prescribed fee, to obtain a copy of an original birth registration of an adopted person whose birth was registered in Ontario and in respect of whom an adoption order was registered under subsection (1):

1. The adopted person if the person is,

i. 18 years of age or older, or

ii. less than 18 years of age and has withdrawn from parental control.

2. An adoptive parent of the adopted person if the adopted person is less than 18 years of age.

3. A person who is the child of an adopted person and is 18 years of age or older.

4. A person who has legal custody of an adopted person if the adopted person is 18 years of age or older and mentally or physically disabled.

Same

(7) Despite anything else in this Act and subject to subsection (8), the birth parent or birth grandparent of an adopted person is entitled, on application and payment of the prescribed fee, to obtain a copy of a new registration made under subsection (2) of an adopted person whose birth was registered in Ontario and in respect of whom an adoption order was registered under subsection (1).

Condition

(8) A person referred to in subsection (6) or a birth parent or birth grandparent referred to in subsection (7) shall be entitled to a copy of an original birth registration or a new birth registration, as the case may be, only if the person produces evidence of identity that is satisfactory to the Registrar General.

Notice, person's wish not to be contacted

(9) If a person has filed a notice that has become effective under section 165.1 or 165.2 of the Child and Family Services Act, the Registrar General shall give a copy of the notice to the person to whom a copy of a birth registration is given under subsection (6) or (7).

Other information

(10) The Registrar General shall also give the person to whom a copy of a birth registration is given under subsection (6) or (7) any information provided together with the notice under subsection 165.1 (2) or section 165.2 of the Child and Family Services Act and disclosed to the Registrar General; if no such information was disclosed, the Registrar General shall advise the person of that fact.

Definitions

(11) In this section, "

birth grandparent" and "birth parent" have the same meaning as in subsection 166 (3) of the Child and Family Services Act.

2. 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 subsection 28 (6) 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. (1) Subsection 160 (1) of the Child and Family Services Act is amended by adding "Subject to subsection (3)" at the beginning.

(2) Section 160 of the Act is amended by adding the following subsection:

Order to enforce open adoption agreements

(3) A court may make an order giving a person referred to in clause (1) (a) or (b) access to an adopted child if the order is necessary to enforce a provision in an agreement entered into by an adoptive parent, according to which the adoptive parent agreed to give the person access to the adopted child.

5. (1) Subsection 162 (1) of the Act is amended by adding the following definition:

birth grandparent", "birth parent" have the same meaning as in subsection 166 (3).

(2) Subsection 162 (2) of the Act is amended by inserting "made under subsection (2.1)" after "direction" in the ninth line.

(3) Section 162 of the Act is amended by adding the following subsections:

Direction to open sealed file

(2.1) The Registrar of Adoption Information shall, upon application of one of the following persons, issue a written direction to the clerk of the court to open a file sealed under subsection (2) to allow the person to inspect the file and make copies of any of the documents in the file:

1. The adopted person if the person is,

i. 18 years of age or older, or

ii. less than 18 years of age and has withdrawn from parental control.

2. An adoptive parent of the adopted person if the adopted person is less than 18 years of age.

3. A person who is the child of an adopted person and is 18 years of age or older.

4. A person who has legal custody of an adopted person if the adopted person is 18 years of age or older and mentally or physically disabled.

5. The birth parent or birth grandparent of an adopted person.

Condition

(2.2) The Registrar of Adoption Information shall only make a written direction under subsection (2.1) if the person produces evidence of his or her identity that is satisfactory to the Registrar.

Same

(2.3) If a no-contact notice has been filed with the Registrar of Adoption Information under section 165.1 or 165.2 by a person named in a court file, the Registrar shall not issue a direction under subsection (2.1) until the person who has applied for access to the court file is given a copy of the notice and of any other information given with the notice.

6. Clauses 163 (2) (b) and (c) of the Act are repealed and the following substituted:

(b) ensure that counselling is made available 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) of the Vital Statistics Act, or

(iv) who receive information under subsection 28 (8) of the Vital Statistics Act;

7. Subsection 165 (2) of the Act is amended by adding the following clauses:

(j) the disclosure of information for the purposes of sections 165.1 and 165.2;

(k) the disclosure of information for the purposes of prosecutions under section 176.1.

8. The Act is amended by adding the following sections:

No-Contact Notices

Definitions

165.1 (1) In this section and in section 165.2,

birth grandparent", "birth parent" and "birth sibling" have the same meaning as in subsection 166 (3).

Notice, birth parent's wish not to be contacted

(2) A birth parent who wishes not to be contacted by or on behalf of a person referred to in paragraph 1, 2, 3 or 4 of subsection 162 (2.1) 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 his or her reasons for not wishing to be contacted;

(b) a written statement that briefly summarizes any information he or she may have about,

(i) any genetic conditions that he or she has, and any past and present serious illnesses,

(ii) any genetic conditions and past and present serious illnesses of the other birth parent or of a birth grandparent or birth sibling,

(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

Disclosure to Registrar General

(4) The Registrar shall disclose the notice or the information contained in it, together with any other information provided by the birth parent, to the Registrar General under the Vital Statistics Act.

Non-application of subss. 2 (2) to (4) of Vital Statistics Act

(5) Subsections 2 (2) to (4) of the Vital Statistics Act do not apply to anything disclosed under subsections (2) and (3).

Effective notice

(6) The notice becomes effective for the purposes of subsection 28 (8) of the Vital Statistics Act when the Registrar General has matched it with the original birth registration.

Communication re outcome

(7) When a notice becomes effective, the Registrar General shall advise the Registrar of the fact.

Expiry

(8) A notice expires five years after the day it becomes effective unless the birth parent has given the Registrar notice of his or her intention to renew the no-contact notice.

Renewal of no-contact notice

(9) If a birth parent gives the Registrar notice of his or her intention to renew the no-contact notice, the Registrar shall,

(a) advise the birth parent of any request for information about the birth parent received from a person referred to in paragraph 1, 2, 3 or 4 of subsection 162 (2.1) during the time the previous no-contact notice was in effect; and

(b) give notice that the birth parent intends to renew his or her no-contact notice to any person referred to in paragraph 1, 2, 3 or 4 of subsection 162 (2.1) who requested information about the birth parent during the time the previous no-contact notice was in effect.

Withdrawal of notice

(10) A birth parent who files a notice under subsection (2) may withdraw it at any time, in writing.

Effect of withdrawal

(11) A birth parent who has withdrawn a notice under subsection (8) is not entitled to file a further notice under subsection (2) 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, constitutes information relating to an adoption.

Forms

(13) The Registrar may provide for and require the use of forms under this section.

No-contact notice, adoptive parents etc.

165.2 (1) A person referred to in paragraph 1, 2 or 4 of subsection 162 (2.1) who wishes not to be contacted by or on behalf of a birth parent, a birth grand-parent or a birth sibling may file written notice of the wish with the Registrar.

Application

(2) Subsections 165.1 (2) to (10) apply with necessary modifications to a notice given under this section.

9. (1) Paragraphs 1 and 2 of subsection 166 (4) of the Act are repealed and the following substituted:

1. The adopted person if the person is,

i. 18 years of age or older, or

ii. less than 18 years of age and has either withdrawn from parental control or has the consent of his or her adoptive parent.

2. An adoptive parent of the adopted person if the adopted person is less than 18 years of age.

2.1 A person who is the child of an adopted person and is 18 years of age or older.

2.2 A person who has legal custody of an adopted person if the adopted person is 18 years of age or older and mentally or physically disabled.

(2) Subsection 166 (8) of the Act is repealed and the following substituted:

Societies and licensees

(8) A person referred to in subsection (4) may make a request to a society or a licensee for non-identifying information that relates to an adoption and subsections (5), (6) and (7) apply with necessary modifications to that request as if the society or licensee were the Registrar.

10. (1) Paragraph 1 of subsection 167 (2) of the Act is repealed and the following substituted:

1. The adopted person if the person is,

i. 18 years of age or older, or

ii. less than 18 years of age and has withdrawn from parental control.

1.1 An adoptive parent of the adopted person if the adopted person is less than 18 years of age.

1.2 A person who is the child of an adopted person and is 18 years of age or older.

1.3 A person who has legal custody of an adopted person if the adopted person is 18 years of age or older and mentally or physically disabled.

(2) Subsections 167 (4), (5), (6), (7), (8), (9), (10) and (11) of the Act are repealed and the following substituted:

Entry in registry and search

(4) Upon receiving an application from a person referred to in subsection (2) who is affected by an adoption, the Registrar shall enter the applicant's name in the register and shall search the register to determine whether any other person referred to in subsection (2) is named in the register in relation to the same adoption.

Compilation of identifying information

(5) If the Registrar determines that there is another person named in the register in relation to the same adoption as the applicant, the Registrar shall compile all relevant identifying information with respect to the two persons from the records of the Ministry and of any societies or licensees that were involved in the adoption.

Counselling

(6) Before disclosing any information under subsection (8), the Registrar shall advise the persons to whom the information is to be disclosed that counselling is available and shall ensure that the counselling has been made available to them.

Disclosure by Registrar

(7) The Registrar shall ensure that the compiled information is promptly disclosed to the applicant and to the other persons named in the register in relation to the same adoption as the applicant, separately and in accordance with one or more of the methods described in subsection (8).

Same

(8) The Registrar may,

(a) make the compiled information available to the applicant or to any other person named in the register in relation to the same adoption as the applicant;

(b) forward the compiled information to a society that he or she considers appropriate to undertake the disclosure to the applicant or to any other person named in the register in relation to the same adoption as the applicant; or

(c) if the applicant or another person named in the register lives outside Ontario, forward the compiled information to a child protection or child placement agency that is recognized in the jurisdiction where the person lives, or to an individual in that jurisdiction, to be forwarded to the applicant.

Duty of society

(9) A society that receives compiled information under clause (8) (b) shall promptly make it available to the applicant or the other person named in the register, or both, as the case may be, first ensuring that counselling has been made available to each person to whom the material is made available.

(3) Subsection 167 (12) of the Act is amended by striking out "material" in the fifth line and seventh line and substituting in each case "information".

(4) Subsection 167 (13) of the Act is repealed and the following substituted:

Duty of society

(13) A society shall make counselling available to persons who received 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.

(5) Subsection 167 (14) of the Act is amended by striking out "(11)" in the third line.

11. (1) Section 169 of the Act is amended by adding the following subsection:

Same, adoptive parent

(1.1) The adoptive parent of an adopted person who is less than 18 years of age or a person who has legal custody of an adopted person who is 18 years of age or older and mentally or physically disabled may ask the Registrar to search on his or her behalf for a specific person referred to in paragraphs 1 to 4 of subsection (1).

(2) Subsection 169 (2) of the Act is amended by inserting "referred to in paragraphs 1 to 4 of subsection (1) or a person" after "person" in the first line.

12. The Act is amended by adding the following section:

Offence, contacting person despite no-contact notice

176.1 (1) No person referred to in subsection (2) shall knowingly contact or attempt to contact a person who has filed a no-contact notice with the Registrar of Adoption Information under section 165.1 or 165.2, directly or indirectly, except under section 167 or 169.

Application

(2) Subsection (1) applies to any person who,

(a) has been given a copy of an original birth registration under subsection 28 (6) of the Vital Statistics Act and a copy of the no-contact notice under subsection 28 (8) of that Act; or

(b) has been given access to a court file under subsection 162 (2.1) and a copy of the no-contact notice under subsection 162 (2.3).

Same

(3) No person shall knowingly contact or attempt to contact a person who has filed a no-contact notice with the Registrar of Adoption Information under section 165.1 or 165.2, directly or indirectly, on behalf of another person who is prohibited from doing so by subsection (1), except under section 167 or 169.

Same

(4) A person who contravenes subsection (1) or (3) is guilty of an offence and on conviction is liable to a fine of not more than $2,000.

Commencement

13. (1) Subject to subsection (2), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(2) Sections 1, 2, 5 and 12 come into force on the first anniversary of the day named by proclamation.

Short title

14. The short title of this Act is the Access to Adoption Information Statute Law Amendment Act, 1998.

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.