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Statutes of Newfoundland and Labrador 2002


Statutes of Newfoundland and Labrador 2002 Chapter 13

CHAPTER 13

AN ACT TO AMEND THE ADOPTION ACT

(Assented to December 19, 2002)

Analysis

1. S.2 Amdt.
Definitions

2. S.3 R&S
Best interest principles

3. S.5 R&S
Adoption agency licence

4. S.6 Amdt.
Placement

5. S.7 R&S
Director and adoption agency duties

6. S.8 Amdt.
Provincial director duties

7. S.9 Amdt.
Direct placement

8. S.13 Amdt.
Dispensing with consent

9. Ss.14 & 15 R&S
14. Revocation of consent
15. Other revocation

10. Ss.18 to 22 R&S
18. Court revocation

PART IV
CARE, CUSTODY
AND
GUARDIANSHIP

19. Care, custody and
guardianship

PART V
COURT
PROCEEDINGS

20. Who may apply to
adopt
21. Director certificate
22. Required documents

11. Ss.25 to 28 R&S
25. Adoption order
26. Change of name
27. Effect of adoption
order
28. Effect on access order
or agreement

12. S.31 R&S
Duties of court

13. S.43 Amdt.
Openness agreements

14. Ss.44 to 46 R&S
44. Post adoption openness
45. Disclosure in the
interest of a child
46. Registrar

15. S.47 Amdt.
Post adoption information

16. S.48 Amdt.
Disclosure to adopted person 19 or over

17. S.49 Amdt.
Disclosure to birth parent

18. Ss.50 and 51 R&S
50. Disclosure veto and
statement
51. No-contact declaration
and statement

19. S.53 R&S
Contact by the provincial director

20. S.54(1) R&S
Mutual exchange of identifying information

21. S.55 Amdt.
Provincial director's right to information

22. S.56 R&S
Search and reunion services

23. S.57 Amdt.
Sharing of information with adoption agencies

24. S.59(4) Added
Inspection

25. Ss.60 and 61 R&S
60. Search with warrant
61. Telewarrant
61.1 Appearance in court

26. S.63 Amdt.
Ministerial regulations

27. S.68 Amdt.
Appeal

28. S.69 Amdt.
Prohibitions

29. S.72 Amdt.
Penalty

30. S.73 Amdt.
Transitional

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


SNL1999 cA-2.1
as amended

1. (1) Paragraph 2(b) of the Adoption Act is repealed and the following substituted:

(b) "adopted person", except in paragraph 50(2)(a) and subsection 51(2), means a person who is 19 years of age or older who was, as a child, adopted under this Act or a former Act;

(2) Paragraphs 2(e), (f) and (g) of the Act are repealed.

(3) Paragraph 2(k) of the Act is repealed and the following substituted:

(k) "court" means the Unified Family Court or the Provincial Court of the province;

(4) Paragraph 2(n) of the Act is repealed and the following substituted:

(n) "direct placement" means the selection, before a consent to adoption is irrevocable, of a prospective adoptive parent by a birth parent or other person having custody of the child and the approval of the placement of the child by a director;

(5) Section 2 of the Act is amended by adding immediately after paragraph (o) the following:

(o.1) "director of child, youth and family services" means a director appointed under the Child, Youth and Family Services Act;

(6) Paragraph 2(r) of the Act is repealed and the following substituted:

(r) "openness agreement" means an agreement made under section 43 or 44;

(7) Paragraph 2(v) of the Act is repealed and the following substituted:

(v) "relative" means a parent, grandparent, aunt, uncle or sibling of a child by birth or adoption.

 

2. Section 3 of the Act is repealed and the following substituted:

Best interest principles

3. (1) This Act shall be construed so as to provide for new and permanent family ties through adoption while, in every respect, giving paramount consideration to the best interests of the child.

(2) All relevant principles shall be considered in determining the best interests of the child including the

(a) child’s safety;

(b) child’s developmental needs;

(c) importance of stability and continuity in the child’s care;

(d) importance to the child’s development of having a positive relationship with a parent and a secure place as a member of a family;

(e) quality of the relationship the child has with a birth parent or other individual and the effect of maintaining that relationship;

(f) child’s cultural heritage;

(g) child’s views and wishes, where possible; and

(h) effect on the child if there is delay in the making of a decision with respect to the child.

 

3. Section 5 of the Act is repealed and the following substituted:

Adoption agency licence

5. (1) A person may apply to a director for, and a director may issue to that person, a licence to operate an adoption agency where he or she is satisfied that the person

(a) meets the requirements of this Act and the regulations respecting the establishment of an adoption agency;

(b) has the educational, employment and other qualifications required under this Act and the regulations;

(c) has provided the documents and other information required under this Act and the regulations; and

(d) has paid the required fee.

(2) Where the applicant for a licence to operate an adoption agency is a corporation, paragraph (1)(b) applies to the employees of the corporation.

(3) A corporation licensed under subsection (1) shall immediately notify the director of a change in the ownership, officers or employees of the corporation and, in relation to a change

(a) in ownership, the prior approval of the director is required; and

(b) in employees, the corporation shall comply with paragraph (1)(b).

(4) A licence issued under subsection (1) may be issued subject to terms and conditions that the director may impose.

(5) A licence issued under this section may be renewed in the same manner as for an application for a new licence made under this section.

(6) An adoption agency licensed under this section shall keep as confidential all information with respect to adoptions except as required under this Act or another Act to be released to the minister, provincial director, a director or another person.

(7) A person shall not carry on the work of an adoption agency unless that person holds a licence issued under this Act.

(8) A licence issued under this section is not transferable to another person.

(9) A director shall, in writing, notify an applicant for a licence of his or her refusal to issue that licence and provide to that person the reasons for the refusal.

(10) Where an adoption agency does not comply with this Act, a director may, notwithstanding a penalty that may be imposed under section 73, revoke a licence issued to that agency under this Act.

 

4. Subsection 6(5) of the Act is repealed and the following substituted:

(5) A prospective adoptive parent shall be a resident of the province for at least 6 months before applying to have a child placed in his or her home for the purpose of adopting a child under this Act unless approved for a direct placement.

(6) Subsection (5) does not apply to a person who applies to be made an adoptive parent jointly with the birth parent of the child, or to a relative of the child.

 

5. Section 7 of the Act is repealed and the following substituted:

Director and adoption agency duties

7. (1) Before a child is placed for adoption, a director or an adoption agency shall

(a) provide information on adoption and alternatives to adoption to the birth parent or other person having custody of the child who is requesting a placement of that child for adoption;

(b) obtain as much information as possible about the medical and social history of the child’s birth family and preserve the information for the child;

(c) give the prospective adoptive parent information on the medical and social history of the child’s birth family;

(d) make sure that the child

(i) if 5 years of age or older, has been counselled on the effect of adoption, and

(ii) if 12 years of age or older, has given his or her consent to the adoption; and

(e) make reasonable efforts to obtain consents required under section 10.

(2) A director or an adoption agency shall complete a home study report of a prospective adoptive parent and, where that study is carried out by an adoption agency, that agency shall forward the completed home study report to the director for approval.

(3) Where a home study report has been completed under subsection (2), the director may, based upon that report, give approval for a prospective adoptive parent to have a child placed into his or her home for the purpose of adopting that child.

(4) A director or an adoption agency shall do those things necessary to acquire the documentation required under subsection 22(1) and, where the documentation is acquired by an adoption agency, copies of that documentation shall be forwarded to the director.

 

6. Subsection 8(1) of the Act is repealed and the following substituted:

Provincial director duties

8. (1) The provincial director shall determine the manner in which

(a) a child is selected for placement with a prospective adoptive parent; and

(b) a prospective adoptive parent is selected to have a child placed into his or her home for the purpose of adoption.

 

7. Subsections 9(1) and (2) of the Act are repealed and the following substituted:

Direct placement

9. (1) Where a birth parent or other person with custody of a child wishes to make a direct placement of that child, he or she shall, before making that direct placement, notify the director of his or her intent.

(2) As soon as possible after being notified under subsection (1), a director shall

(a) provide information on adoption and the alternatives to adoption to the birth parent or other person having custody of the child and who is proposing to place the child;

(b) obtain as much information as possible about the medical and social history of the child’s birth family and preserve the information for the child;

(c) give the prospective adoptive parent information on the medical and social history of the child’s birth family;

(d) prepare a pre-placement assessment of the prospective adoptive parent; and

(e) make sure that the child

(i) if 5 years of age or older, has been counselled on the effect of adoption, and

(ii) if 12 years of age or older, has given his or her consent to the adoption.

 

8. Paragraph 13(1)(a) of the Act is repealed and the following substituted:

(a) the court considers it to be in the best interests of the child;

 

9. Sections 14 and 15 of the Act are repealed and the following substituted:

Revocation of consent

14. (1) A person who has consented to a child’s adoption may, in writing, revoke his or her consent and the notice of revocation shall be received by the director of child, youth and family services not more than 21 days after the consent was given.

(2) A revocation of consent shall be sent to the director of child, youth and family services to whom the consent to adoption was given.

(3) As soon as possible after receiving the revocation, the director of child, youth and family services shall make reasonable efforts to give notice of it to each person who consented to the adoption and to the prospective adoptive parent.

(4) Where the person revoking consent had care and custody of the child immediately before giving consent, the child shall be returned to that person as soon as possible after the director of child, youth and family services receives the revocation.

Other revocation

15. Section 14 applies, with the necessary changes, to an adoption by a relative of the adoptive child or by a parent who wishes to become a parent of the child jointly with the child's parent.

 

10. Sections 18 to 22 of the Act are repealed and the following substituted:

Court revocation

18. (1) Where more than 21 days have passed since a consent to the adoption of a child has been given under this Part, a person may apply to a court to have his or her consent revoked and that consent may only be revoked with the approval of a court in accordance with section 14, 15, 16 or 17.

(2) An application to a court under subsection (1) may only be made before an adoption order is granted.

(3) Where the child has not been placed with the prospective adoptive parents an application to a court for the revocation of a consent is not required and the approval of revocation may be given by a director of child, youth and family services.

(4) A notice of an application to a court under subsection (1) shall be served on the director of child, youth and family services to whom custody of the child has been given and each person who consented to the adoption.

(5) A notice is not required to be served under subsection (4) where the application to revoke consent relates to an adoption by a relative of the adoptive child or by a parent who wishes to become a parent of the child jointly with the child's parent.

(6) A court may, in accordance with this section, revoke a consent to an adoption if it is satisfied that it would be in the best interests of the child to make that revocation.

PART IV
CARE, CUSTODY AND GUARDIANSHIP

Care, custody and guardianship

19. (1) A birth parent or other person having custody of a child shall transfer that child into the custody of a director of child, youth and family services for the purpose of the adoption of that child until an adoption order is made or a consent to the adoption of the child is revoked under this Act.

(2) Subsection (1) does not apply to an adoption by a relative or a person applying to jointly become a parent of a child with a parent.

(3) Where a child has been placed with a prospective adoptive parent for the purpose of adoption, the prospective adoptive parent may

(a) authorize a health care provider to examine the child; and

(b) consent to routine health care for the child where, in the opinion of the health care provider, the health care should be provided.

(4) Where a director has custody of a child under subsection (1), the Registrar of the Supreme Court is the guardian of that child’s estate as if that guardianship had been granted under the Judicature Act and the Rules of the Supreme Court, 1986.

PART V
COURT PROCEEDINGS

Who may apply to adopt

20. (1) One adult alone or 2 adults jointly may apply to a court to adopt a child under this Act.

(2) One adult may apply to a court to jointly become a parent of a child with a parent of that child.

(3) A person shall

(a) be a resident of the province for at least 6 months; and

(b) have had a child placed and residing in his or her home for at least 6 months immediately before the date of the application,

before making an application under this Act to adopt that child.

(4) For the purpose of this Part, an applicant is a person who may apply to adopt a child under this section.

Director certificate

21. (1) An adoption order shall not be made unless a director has certified, in writing, that

(a) the applicant has been a resident of the province for at least 6 months and the child has lived with the applicant for at least 6 months immediately before the date of the application and that, during that time the conditions under which the child has lived justify the making of the adoption order; or

(b) the applicant is, to the knowledge of the director, an appropriate person to have the care and custody of the child and that for reasons set out in the certificate, the period of placement and residency under paragraphs 20(3)(a) and (b) may be dispensed with.

(2) Where an applicant is a relative or person who wishes to become a parent jointly with the parent of a child, subsection (1) does not apply to his or her application for an adoption order.

Required documents

22. (1) An application to a court to adopt a child shall be accompanied by

(a) all consents required for the adoption or the orders dispensing with consent or an application to dispense with consent;

(b) the child’s birth registration or, if it cannot be obtained, satisfactory evidence of the facts relating to the child’s birth;

(c) a home study report approved by a director;

(d) a post placement report or the child's plan of care;

(e) a director's certificate; and

(f) the additional information that may be required by the regulations.

(2) Where subsection (1) has not been complied with, an adoption order shall not be made.

(3) Notwithstanding subsection (2), paragraphs (1)(c), (d) and (e) do not apply to an application made by an applicant referred to in subsection 21(2).

 

11. Sections 25 to 28 of the Act are repealed and the following substituted:

Adoption order

25. (1) After considering the documents and evidence filed or given under sections 21 to 24 the court may make an adoption order if it is satisfied that it is in the child’s best interests to be adopted by the applicant.

(2) Where there are requirements under this Act that the applicant be a resident of the province for at least 6 months and that the child reside with the applicant for at least 6 months, a court may, after considering recommendations made by a director, alter or dispense with those requirements.

Change of name

26. (1) An applicant may request that a court change the child’s given names or family name.

(2) Where a request is made under subsection (1), a court may change the child’s given names or family name in the adoption order provided that

(a) where the child is 5 years of age or older, his or her views on the matter are considered; and

(b) where the child is 12 years of age or older, the child gives his or her consent.

(3) A child’s consent under subsection (2) is not required where the court has dispensed with the child’s consent to adoption.

Effect of adoption order

27. (1) Where an adoption order is made,

(a) the child becomes the child of the adoptive parent;

(b) the adoptive parent becomes the parent of the child;

(c) a birth parent ceases to have parental rights and obligations in respect of that child, except a birth parent who remains as a parent jointly with the adoptive parent;

(d) a person having custody of the child ceases to have that custody; and

(e) a person whose consent is required under section 10 ceases to have a right or obligation with respect to that child.

(2) Where a child is adopted for a subsequent time, the

(a) child becomes the child of the subsequent adoptive parent;

(b) subsequent adoptive parent becomes the parent of the child;

(c) adoptive parent immediately before the subsequent adoptive parent ceases to have parental rights and responsibilities with respect to that child except an adoptive parent who remains as a parent jointly with the applicant; and

(d) a person having custody of the child ceases to have that custody.

(3) An adoption order does not affect an interest in property or a right of the adopted child that vested in the child before the date of the adoption order.

Effect on access order or agreement

28. (1) Where an adoption order is made, an order or an agreement that is enforceable under Part III of the Children's Law Act or Part IV of the Family Law Act for access to the adopted child ceases unless the court orders otherwise under subsection (2).

(2) The court may, in the child’s best interests continue or vary an access order or an access provision of an agreement that is enforceable under Part III of the Children’s Law Act or Part IV of the Family Law Act.

 

12. Section 31 of the Act is repealed and the following substituted:

Duties of court

31. (1) Where an adoption order is made, the court shall send a certified copy of the order to the

(a) registrar; and

(b) director.

(2) Paragraph (1)(b) does not apply to an adoption order made with respect to an applicant referred to in subsection 21(2).

(3) The court shall provide in a schedule to an adoption order information relating to an adoption and direct the registrar to record the information in compliance with the requirements of the Vital Statistics Act.

(4) Where an adoption order relates to a child who was born outside this province, 2 certified copies of the adoption order shall be sent to the registrar.

 

13. Subsection 43(1) of the Act is repealed and the following substituted:

Openness agreements

43. (1) In order to facilitate communication or to maintain personal relationships after an adoption order is granted, before the adoption order is granted an openness agreement may be made by a prospective adoptive parent or an adoptive parent of a child and

(a) a relative of the child;

(b) another person who has established a relationship with the child; and

(c) a prospective adoptive parent or adoptive parent of a birth sibling of the child.

 

14. Sections 44 to 46 of the Act are repealed and the following substituted:

Post adoption openness

44. (1) An adoptive parent of a child and a person referred to in paragraph 43(1)(a), (b) and (c) may register with a director to indicate their interest in making an openness agreement.

(2) Where an adoptive parent and a person referred to in paragraph 43(1)(a), (b) and (c) have both registered under subsection (1), the director

(a) may assist them in reaching an openness agreement and may facilitate the exchange of non-identifying information; and

(b) shall, if they both wish to exchange identifying information, disclose to each the identifying information provided by the other.

(3) An adoptive parent of a child and an adoptive parent of a birth sibling of that child may register under this section and subsections (1) and (2) shall apply, with the necessary changes.

Disclosure in the interest of a child

45. A director may disclose identifying information to a person if the disclosure is necessary for the

(a) safety, health or well-being of an adopted child or adopted person; or

(b) purpose of allowing an adopted child or adopted person to receive a benefit,

and where identifying information is disclosed, the person being identified shall be notified by the director of that disclosure if the whereabouts of the person can be determined.

Registrar

46. (1) The registrar shall record, in the manner the registrar considers appropriate, the information contained in an adoption order.

(2) An adoption order, together with the documents used in the application, shall be filed in the registry or central administrative office of the court that made the adoption order.

 

15. Subsection 47(2) of the Act is repealed and the following substituted:

(2) A person is not entitled to obtain information in respect of an adoption or have a packet referred to in subsection (1) searched or obtain a certified extract from it except as provided for in this Act.

 

16. Section 48 of the Act is amended by adding immediately after subsection (2) the following:

(3) Where a disclosure veto or a no-contract declaration has been filed by only one of the birth parents, the registrar shall provide the adopted person with the information referred to in subsection (1), but the registrar shall first remove information respecting the person who has filed a disclosure veto or no-contract declaration.

 

17. Section 49 of the Act is amended by adding immediately after subsection (2) the following:

(3) The registrar shall remove identifying information of an adoptive parent from information given to a birth parent under this section.

 

18. Sections 50 and 51 of the Act are repealed and the following substituted:

Disclosure veto and statement

50. (1) An application made under subsection (2) and a disclosure veto filed under this section may only be made or filed with respect to a birth registration or other information relating to an adoption ordered under a former Act.

(2) The following persons may apply to the registrar to file a written veto prohibiting the disclosure of information applied for under section 48 or 49:

(a) an adopted person who is 18 years of age or older; and

(b) a birth parent named on the original birth registration of an adopted person referred to in paragraph (a).

(3) Where a person applying under subsection (2) complies with paragraph 52(a), the registrar shall file the disclosure veto submitted by that person.

(4) A person who files a disclosure veto under this section may file with it a written statement that includes the information he or she wishes to disclose.

(5) Where a person applying for information is informed that a disclosure veto has been filed, the registrar shall give to that person the information filed with the disclosure veto.

(6) A person who files a disclosure veto may, in writing, request that the registrar cancel that veto and the registrar shall carry out that request.

(7) Unless cancelled under subsection (6), a disclosure veto continues in effect until one year after the death of the person who filed the veto.

(8) While a disclosure veto is in effect, the registrar shall not disclose information that is applied for under section 48 or 49 that relates to the person who filed the veto.

No-contact declaration and statement

51. (1) An application made under subsection (2) or (3) and a no contact declaration filed under this section may only be made or filed with respect to an adoption ordered under a former Act.

(2) A birth parent who is named in an original birth registration and who wishes not to be contacted by the person named as his or her child in the registration may apply, in writing, to the registrar to file a no-contact declaration.

(3) An adopted person who is 18 years of age or over who wishes not to be contacted by a birth parent named on a birth registration may apply, in writing, to the registrar to file a no-contact declaration.

(4) Where a person applying under subsection (2) or (3) complies with paragraph 52(a), the registrar shall file the no-contact declaration.

(5) The registrar shall not give a person to whom a no-contact declaration applies a copy of a birth registration or other record naming the person who filed that declaration unless the person applying for that copy or record has, in the required form, signed an undertaking respecting that registration or record.

(6) A person who is named in a no-contact declaration filed under this section and has signed an undertaking under subsection (5) shall not

(a) knowingly contact or attempt to contact the person who filed the declaration;

(b) procure another person to contact the person who filed the declaration;

(c) use information obtained under this Act to intimidate or harass the person who filed the declaration; and

(d) procure another person to intimidate or harass, by the use of information obtained under this Act, the person who filed the declaration.

(7) A person who files a no-contact declaration may file with it a written statement that includes the information he or she wishes to disclose.

(8) Where a person to whom a no-contact declaration relates is given a copy of a birth registration under section 48 or 49, the registrar shall give to him or her the information in written statements filed under subsection (7).

(9) A person who files a no-contact declaration may, in writing, to the registrar, cancel the declaration.

 

19. Section 53 of the Act is repealed and the following substituted:

Contact by the provincial director

53. In circumstances affecting a person’s health or safety, the provincial director may contact the following to provide to or obtain from them necessary information:

(a) a birth parent;

(b) if the birth parent is not available, a relative of the birth parent;

(c) an adopted person; and

(d) an adoptive parent of an adopted child.

 

20. Subsection 54(1) of the Act is repealed and the following substituted:

Mutual exchange of identifying information

54. (1) An adopted person and an adult relative of an adopted person may register with the provincial director to exchange identifying information.

 

21. Subsection 55(1) of the Act is repealed and the following substituted:

Provincial director's right to information

55. (1) The provincial director has the right to information that is in the custody or control of

(a) a department of the government of the province;

(b) a board, commission or other body listed in the Schedule to the Freedom of Information Act;

(c) a hospital board or authority as defined in the Hospitals Act; or

(d) a health and community services board established under the Health and Community Services Act,

that is necessary to enable him or her to locate a person for the purpose of this Act or is necessary for the health or safety of an adopted person.

 

22. Section 56 of the Act is repealed and the following substituted:

Search and reunion services

56. (1) An adult who has obtained a copy of information under section 48 or 49 may apply to the provincial director for assistance in locating

(a) if he or she is an adopted person, his or her

(i) birth parent, or

(ii) birth grandparent, adult birth or adopted sibling or other adult birth or adopted relatives; and

(b) if he or she is a birth parent, his or her adult adopted child.

(2) A parent who signed a consent to an adoption or a person who was named by the mother as the father of an adopted person may apply to the provincial director for assistance in locating that adopted person.

(3) After the death of an adopted person,

(a) an adult son or daughter or adult grandchild of the deceased; and

(b) where a son or daughter of the deceased is a child, the child's surviving parent, or person having custody of him or her,

may apply to the provincial director for assistance in locating

(c) a birth parent of the deceased; and

(d) a birth grandparent, an adult birth or adopted sibling or other adult birth or adopted relative of the deceased.

(4) A person applying under subsection (3) shall provide to the provincial director copies of the deceased's death certificate.

(5) A person is not entitled to assistance under this section in locating a person who has filed a disclosure veto or a no-contact declaration under section 50 or 51.

(6) Where a person located by the provincial director wishes not to be contacted by a person applying under this section, the provincial director shall not disclose information identifying the name or location of the person.

(7) Where a person located by the provincial director wishes to be contacted by a person applying under this section, the provincial director may assist them to meet or communicate.

(8) The provincial director shall inform a person applying under this section of the outcome of his or her search and, where applicable, shall advise him or her that the person whom he or she requested assistance in locating

(a) does not wish to be contacted;

(b) cannot be located; or

(c) is deceased.

 

23. Subsection 57(1) of the Act is repealed and the following substituted:

Sharing of information with adoption agencies

57. (1) The provincial director may disclose information to an adoption agency, including information obtained by the provincial director under section 55, if the disclosure is necessary to enable the agency to perform the duties or to exercise the powers and functions given to the agency under this Act or the regulations.

 

24. Section 59 of the Act is amended by adding immediately after subsection (3) the following:

(4) A person present at an adoption agency shall permit entry as required under this section and shall provide the person conducting the inspection with whatever assistance he or she requests.

 

25. Sections 60 and 61 of the Act are repealed and the following substituted:

Search with warrant

60. (1) Where the provincial director, a director or another person acting under this Act believes on reasonable grounds that there is on a premises anything that will provide evidence of a contravention of this Act, the provincial director, a director or other person may, with a warrant issued under subsection (2), enter those premises and do all those things referred to in section 59.

(2) A judge who is satisfied on oath or affirmation that there are reasonable grounds for believing that a contravention of this Act has occurred and there is on a premises anything that will provide evidence of the contravention may issue a warrant authorizing the provincial director, a director or other person named in the warrant to enter the premises and search for anything that may provide evidence with respect to a contravention of this Act and to do all those things referred to in section 59.

(3) The holder of an adoption agency licence issued under this Act, the owner or operator of premises referred to in this section and section 59 and a person found there shall give the provincial director, a director or other person reasonable help to enable them to carry out their duties and functions under this Act and shall provide the information that they may reasonably require.

Telewarrant

61. (1) Where, in the opinion of the provincial director, a director or other person, it would not be practical to appear before a judge to apply for a warrant, the provincial director, a director or other person may make the application by telephone, facsimile or other means of telecommunication.

(2) Where the information on which an application for a warrant is submitted by telephone, facsimile or other means of telecommunication, the information shall be given under oath or affirmation, and the oath or affirmation may be administered by telephone, facsimile or other means of telecommunication.

(3) The information submitted by telephone, facsimile or other means of telecommunication shall include

(a) a statement of the circumstances that make it impracticable for the provincial director, a director or other person to appear personally before a judge; and

(b) a statement of the provincial director’s, a director's or other person’s grounds for believing that a person has contravened this Act and that there is on a premises something that will provide evidence of the contravention.

(4) The sworn or affirmed information submitted by telephone, facsimile or other means of telecommunication by the provincial director, a director or other person shall specify the name of the person giving evidence, the facts ascertained and the manner and location in which evidence was received, and a record of that information shall be filed by the judge with the clerk of the court over which the judge presides.

Appearance in court

61.1 A director or social worker may appear in court in respect of a matter arising out of a provision of this Act.

 

26. (1) Paragraph 63(c) of the Act is repealed and the following substituted:

(c) respecting the efforts to be made by the director or an adoption agency to notify a birth parent or another person having custody of a child as to the placement of the children for adoption;

(2) Section 63 of the Act is amended by adding immediately after paragraph (u) the following:

(u.1) for the purpose of paragraph 69(6)(d);

 

27. Subsection 68(1) of the Act is repealed and the following substituted:

Appeal

68. (1) A person aggrieved by an order of a judge under this Act, or by the refusal of a judge to make an order, may appeal from the decision granting or refusing the order, where the judge is a judge of the

(a) Unified Family Court, to the Court of Appeal; and

(b) Provincial Court, to the Trial Division,

and the provisions of the Judicature Act and the Rules of the Supreme Court, 1986 shall govern the proceedings on the appeal.

 

28. Paragraph 69(6)(d) of the Act is repealed and the following substituted:

(d) another person prescribed by the regulations.

 

29. Subsection 72(3) of the Act is repealed and the following substituted:

(3) In addition to a penalty that a judge may impose under subsection (1) or (2), the judge may make an order revoking the licence of an adoption agency.

 

30. (1) Subsection 73(1) of the Act is repealed and the following substituted:

Transitional

73. (1) Notwithstanding sections 48, 49, 50 and 51, information that may be given or released to a person by the registrar under those sections shall not be given or released to that person before one year after the coming into force of this Act.

(2) Paragraph 73(2)(d) of the Act is repealed and the following substituted:

(d) a prospective adoptive parent has requested that he or she have a child placed into his or her home for the purpose of adoption; and

©Earl G. Tucker, Queen's Printer