BILL 45
An Act to Amend the
Family Services Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
1 of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick,
1980, is amended
(a) by adding
the following definition in alphabetical order:
“common-law partner” means
a person who cohabits in a conjugal relationship with another person
if the persons are not married to each other; (conjoint de fait)
(b) in the
definition “community social services” by adding after
paragraph (k) the following:
(k.1) birth parent services;
(c) by
repealing the definition “immediate family” and substituting
the following:
“immediate family”, when used
in reference to any person, includes (proche famille)
(a) a parent or grandparent of the person;
(b) a brother or sister of the person;
(c) a brother or sister of the person’s
mother or father;
(d) the spouse or common-law partner
of any of the above, while the parties are cohabiting;
(e) the spouse or common-law partner
of the person, while the parties are cohabiting;
(d) in the
definition “parent” by adding after paragraph (c) the
following
(c.1) a prospective adopting parent with
whom the Minister has entered into an agreement under the authority
of section 70.1;
(e) by repealing
the definition “place” and substituting the following:
“place”means to transfer
the care of a child, whether in law or in fact, from one person to
another, and includes any act of solicitation or negotiation that,
on any reasonable view of the circumstances, can be construed as contributing
to the transfer of the care of the child, whether in law or in fact,
from one person to another; and “placing” and “placement”
have corresponding meanings; (placer)
2 Paragraph
3(1)(b.1) of the Act is amended by striking out “sections 67,
71 and 74” and substituting “sections 67, 71, 74 and 75”.
3 Section
44 of the Act is amended
(a) in paragraph
(1)(b) by striking out “in respect of a child under the age
of six months,”;
(b) in subsection
(2.1)
(i) in paragraph (a)
by striking out “and” at the end of the paragraph;
(ii)
in paragraph (b) by striking out the period at the end of the paragraph
and substituting a comma followed by “and”;
(iii) by adding after
paragraph (b) the following:
(c) the child is at least four days
old.
(c) in paragraph
(3)(e) by striking out “persistently”.
4 Section
48 of the Act is amended
(a) in subsection
(1) by striking out “unless the child has been placed for adoption
or”;
(b) by repealing
subsection (4) and substituting the following:
48(4) A custody agreement terminates
(a) where a party to the agreement elects
to terminate the agreement and has given thirty days’ notice
of termination to the other party;
(b) upon the marriage or death of the
child;
(c) upon a guardianship agreement being
reached between the Minister and a parent of the child or upon a guardianship
order being made; or
(d) when the child reaches the age of
majority.
(c) by repealing
subsection (5).
5 Section
66 of the Act is repealed and the following is substituted:
66(1) Subject to the provisions of this Part,
any adult may apply to adopt a child.
66(2) An adoption order shall not be made on the application of a person
who is a spouse or common-law partner without the other spouse or
common-law partner joining in the application, unless the person is
adopting the child of his or her spouse or common-law partner.
6 Section
70 of the Act is amended
(a) by repealing
paragraph (b);
(b) in paragraph
(c) by striking out “custody or”.
7 The
Act is amended by adding after section 70 the following:
Placement agreement
70.1(1) Where the Minister places a child for purposes of adoption in
accordance with section 70, the
Minister may enter into an agreement in writing with a person to transfer
all or part of the custody, care and control of a child in care to
that person as a prospective adopting parent, and in the agreement
the Minister may transfer to the prospective adopting parent such
of those rights and responsibilities with respect to custody, care
and control of the child as have been transferred to the Minister
by a guardianship agreement, or as have been imposed on the Minister
by court order under this or any other Act, as the Minister considers
to be suitable under the circumstances.
70.1(2) No right, authority or obligation transferred to a prospective
adopting parent under a prospective adopting parent agreement is transferable
by a prospective adopting parent to any other person.
8 Section
72 of the Act is repealed and the following is substituted:
Agreement for
financial or other assistance
72(1) The Minister may enter into an agreement to provide financial
or other assistance to a prospective adopting parent where, in the
opinion of the Minister, financial or other assistance is required
by reason of
(a) the special service needs of the
child, or
(b) the special placement needs of the
child.
72(2) An agreement under this section shall
be concluded before an adoption order is made.
9 Section
73 of the Act is repealed and the following is substituted:
73(1) Subject to subsections (2) and (4),
no person shall place a child for the purposes of adoption with someone
other than a member of the child’s immediate family unless the
person notifies the Minister by registered mail at least sixty days
before the placement, stating the child’s name and birth date,
the name and address of the prospective adopting parent and the address
where the child resides.
73(2) Subject to subsection (4), in the case of a child who is not
yet born, if a person intends to place the child after his or her
birth with someone other than a member of the child’s immediate
family, the person shall notify the Minister by registered mail at
least sixty days before the placement, stating the name and address
of the child’s mother, the expected birth date of the child
and the name and address of the prospective adopting parent.
73(3) Subject to subsection (4), no person, except a member of the
child’s immediate family, shall take a child into his or her
home for the purposes of adoption unless the person notifies the Minister
by registered mail at least sixty days before receiving the child
into his or her home,
(a) stating the child’s name and
birth date, the name and address of the child’s parents and
the prospective adopting parent and the address where the child resides,
or
(b) in the case of a child who is not
yet born, stating the name and address of the child’s mother,
the expected birth date of the child and the name and address of the
prospective adopting parent.
73(4) Subsections (1), (2) and (3) do not apply with respect to the
adoption by a person of the child of his or her spouse or common-law
partner.
73(5) Proceedings in respect of an offence
under this section may be commenced at any time within six years after
the alleged violation.
10 Section
74 of the Act is repealed and the following is substituted:
Assessment of
adoption placement by Minister
74(1) On receiving a notification referred to in section 73, unless an adoption assessment report
of the adopting parent, dated less than one year earlier, is on file,
the Minister shall conduct an assessment of the adoption placement
and may contract with a community social service agency approved under
paragraph 3(1)(b.1) to conduct the
assessment and provide an adoption assessment report.
74(2) After reviewing the adoption assessment report, the Minister
shall notify the parent whether, in the Minister’s opinion,
the placement is suitable and may advise the parent of the basis for
his or her opinion.
74(3) If a child is placed in the prospective adopting home before
an adoption assessment report is completed, the Minister shall conduct
a risk assessment without delay.
11 The
Act is amended by adding after section 74 the following:
Notice to adoption authority
outside the Province
74.1 Where the Minister receives a notification required by section 73 and the residential address of the
prospective adopting parent is outside the Province but in Canada,
the Minister shall notify the adoption authority in the jurisdiction
of the prospective adopting parent and shall recommend that a risk
assessment of the adoption placement be conducted, if no assessment
has yet been conducted.
12 Section
75 of the Act is amended
(a) by repealing
subsection (2) and substituting the following:
75(2) Where a child has been placed for adoption by the Minister, the
Minister may apply to the court for an adoption order effecting the
adoption of the child by the adopting parent with whom the child was
placed, unless the court has granted a right of access to the child
to a person.
(b) by adding
after subsection (2) the following:
75(2.1) Where the court has granted a right of access to the child
to a person, the adopting parent may apply to the court for an adoption
order and shall notify the person to whom the court has granted access
to the child by serving on the person notice of the application.
(c) by
repealing subsection (3) and substituting the following:
75(3) An application to the court for an adoption order shall include
a social and health history of the child and the parents of the child,
prepared by the Minister or a community social service agency approved
under paragraph 3(1)(b.1) in accordance with the regulations.
(d) in
subsection (5) by adding “or
common-law partner” after “spouse”.
13 Section
76 of the Act is amended
(a) by repealing
subsection (2) and substituting the following:
76(2) Where the child to be adopted is a ward of, in the custody of,
or in the guardianship of a representative of the government of any
other jurisdiction or any other agency or person having authority
to consent to the adoption of the child, the consent of the representative,
person or agency is required before an adoption order is made and,
despite subsection (1), the consent of the parent is not required
if the consent would not have been required if the child were to be
adopted in that jurisdiction.
(b) by repealing
subsection (5) and substituting the following:
76(5) The consent of a parent to the adoption of his or her child shall
not be given before the child is four days old.
(c) by repealing
subsection (8) and substituting the following:
76(8) Notwithstanding subsection (6), any adoption consent and supporting
affidavit required by this section are sufficient if executed in a
form valid in the jurisdiction in which the consent and affidavit
were executed.
14 Section
77 of the Act is repealed and the following is substituted:
77(1) A person to be adopted, the Minister
or a representative, person or agency required to consent under subsection 76(2) may revoke an adoption consent at
any time before an adoption order is made.
77(2) Where the Minister has placed a child for adoption, a parent
whose consent to the adoption is required may not revoke the consent.
77(3) Subject to subsection (4), where a
parent has placed a child for adoption, a parent whose consent for
adoption is required may revoke his or her consent by written notice
to the Minister within thirty days after giving consent.
77(4) Where the Minister reviews an adoption assessment report under
subsection 74(1) and concludes that
the placement is unsuitable, a parent whose consent for adoption is
required may revoke his or her consent by written notice to the Minister
within seven days after receiving a notice sent under the authority
of subsection 74(2).
77(5) Where the parent whose consent for adoption is required revokes
his or her consent under subsection (3) or (4), the adopting parent
shall within two days after receiving written notice from the Minister
return the child to the care, custody and control of the parent.
77(6) An adopting parent who violates or fails to comply with subsection
(5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
77(7) Where an offence under subsection (6) continues for more than
one day
(a) the minimum fine that may be imposed
is the minimum fine set by the Provincial
Offences Procedure Act multiplied by the number of days during
which the offence continues, and
(b) the maximum fine that may be imposed
is the maximum fine set by the Provincial
Offences Procedure Act multiplied by the number of days during
which the offence continues.
15 Section
78 of the Act is amended
(a) in subparagraph
(1)(a)(v) by striking out “and a delay in securing a home for
the child would be detrimental to the best interests of the child,
or” and substituting a comma;
(b) by adding
after subparagraph (1)(a)(v) the following:
(vi) refuses to care for the child and
a delay in securing a home for the child would be detrimental to the
best interests of the child, or
(c) by repealing
subsection (2) and substituting the following:
78(2) Where a person is of the age of twelve years or over and is unable
to understand or give consent, the person’s consent may be waived
by the court.
(d) by repealing
subsection (3) and substituting the following:
78(3) Where the consent of the person to be adopted is not required
under this Part, or is waived under subsection (2), the court shall,
where it considers it to be appropriate and feasible to do so, take
into account the wishes of the person.
16 Subsection
79(6) of the Act is amended by adding “or common-law partner” after “spouse”.
17 Section 80 of the Act is amended
(a) by repealing
subsection (3) and substituting the following:
80(3) The Minister shall provide the court with a copy of any adoption
assessment report on file or completed under subsection 74(1) relating to the adoption placement.
(b) in
subsection (6) by adding “or
common-law partner” after “spouse”.
18 Paragraph
83(1)(f) of the Act is amended in the portion preceding subparagraph
(i), by adding “or
common-law partner” after “spouse”.
19 Section
85 of the Act is amended
(a) by repealing
paragraph (1)(c) of the English version and substituting the following:
(c) subject to subsections (3) and (4),
where a change of given names has been requested by the adopting parent,
changes the given names of the child to those set out in the order.
(b) in
the portion preceding paragraph (2)(a) by adding “or common-law partner” after “spouse”;
(c) by repealing
subsection (3) of the English version and substituting the following:
85(3) Where it is requested that the adoption order change the given
names of the child, the request shall only be granted if the court
is satisfied that a change is in the best interests of the child,
and, where the child’s wishes can be ascertained, that the change
is being made with the child’s knowledge and agreement.
(d) by
repealing subsection (4) and substituting the following:
85(4) Where the child of the applicant’s spouse or common-law
partner is adopted, the surname and given name of the child do not
change if the spouse or common-law partner does not consent to the
change.
20 Section 88 of the Act is amended by striking
out “province or state” and substituting “jurisdiction”.
21 The
Act is amended by adding after section 90 the following:
Openness agreement
90.01(1) In order to facilitate communication or to maintain personal
relationships after an adoption order is granted, before the adoption
order is granted a prospective adopting parent of a child may make
an openness agreement in writing with
(a) a relative of the child;
(b) another person who has established
a significant relationship with the child; and
(c) a prospective adopting parent or
adoptive parent of a birth sibling of the child.
90.01(2) An openness agreement may
(a) be made only after consent to the
adoption is given by the birth parent or other guardian having custody
of the child who placed or requested that the child be placed for
adoption, and
(b) include a process to resolve disputes
arising with respect to the agreement or matters associated with it.
90.01(3) The Minister may assist the parties to negotiate an initial openness
agreement, but after that agreement is signed the parties shall resolve
any disputes with respect to the agreement or matters associated with
it without the assistance of the Minister.
90.01(4) Where a child is twelve years of age or over, his or her consent
to an openness agreement is required before the agreement is made
or amended, if he or she is able to understand or give consent.
90.01(5) Where an openness agreement is made or amended, an adopting parent
or prospective adopting parent shall provide a copy to the Minister.
22 Section
91 of the Act is repealed and the following is substituted:
91(1) Subject to subsections (2) and (6)
and section 92, all records and
documents relating to the adoption of any person on file with the
court and with the Registrar General of Vital Statistics are confidential.
91(2) All records and documents relating to the adoption of any person
on file with the court shall be made available to the Minister who
shall have the right to make such copies of the records and documents
as he or she considers fit.
91(3) All records and documents relating to the adoption of any person
and held by a religious, medical or social service agency or facility
shall be provided to the Minister upon his or her request.
91(4) Subject to subsection (6) and section 92, all records and documents in the possession of the Minister
relating to the adoption of any person are confidential.
91(5) A request for information relating to the adoption of a person
shall be made to the Minister.
91(6) The Minister may provide a copy of an openness agreement relating
to the adoption of a person to any party to the agreement and to the
adopted person.
23 Section
94 of the Act is repealed and the following is substituted:
94 Any person having access to records and
documents relating to adoptions, including the identities of references
and their comments provided under section 67, who discloses information on any prospective adopting
parent or any adoption otherwise than in compliance with section 92 commits an offence.
24 Section
95 of the Act is amended
(a) in subsection
(1) by striking out “No person” and substituting “Subject to subsection (5),
no person”;
(b) by adding
after subsection (4) the following:
95(5) A community social service agency or social service agency may
charge the fees set out in its contract with the Minister for providing
services to assist the Minister to carry out his or her responsibilities
under this Part.
25 The
Act is amended by adding after section 95 the following:
Advertisement prohibited
95.1(1) No person shall publish or cause to be published in any form
or by any means an advertisement concerning the placement or adoption
of a child.
95.1(2) Subsection (1) does not apply to the
publication of
(a) a notice under the authority of
a court order;
(b) a notice or advertisement authorized
by the Minister;
(c) an announcement of an adoption placement
or adoption of a child;
(d) other forms of advertising specified
by the regulations.
95.1(3) Proceedings in respect of an offence under this section may be
commenced at any time within six years after the alleged violation.
26 Section
100 of the Act is amended
(a) in subsection
(1) by striking out “Any person” and adding “Subject to subsection (7), any person”,
(b) by
adding after subsection (6) the following:
100(7) Where the mother of a child has consented to the adoption of
her child,
(a) no person may apply to the court
for a declaratory order that a man is recognized in law to be the
father of the child, unless that application is made within thirty
days after the date of the mother’s consent;
(b) a person who applies to the court
for a declaratory order that a man is recognized in law to be the
father of a child shall give notice of the application to the Minister
by registered mail;
(c) the Minister shall notify the mother
of the child of the application and determine whether the mother wishes
to revoke her consent to the adoption of her child;
(d) the Minister shall deliver the custody
of the child to the man if he is recognized in law to be the father
of the child and the mother does not revoke her consent to the adoption
of her child.
27 Subsection
123(2.1) of the English version of the Act is amended in the portion
following paragraph (b) by striking out “admissable” and
substituting “admissible”.
28 Section
143 of the Act is amended
(a) in paragraph
(f) of the English version by striking out “eligiblility”
and substituting “eligibility”;
(b) by repealing
paragraph (l) and substituting the following:
(l) prescribing conditions of eligibility
for assistance under section 72;
(c) in
paragraph (hh) by adding “or
other services” after “social
services”;
(d) by adding
after paragraph (mm) the following:
(mm.1) specifying forms of advertisement
to which section 95.1 does not apply;
29 Schedule
A of the Act is amended
(a) by striking
out
and
substituting the following:
| |
73(1)............... |
E |
|
| |
73(2)............... |
E |
|
| |
73(3)............... |
E |
|
| |
77(5)............... |
E |
|
(b) by
adding after
the
following:
CONSEQUENTIAL AMENDMENTS
Family
Services Act
30 An
Act to Amend the Family Services Act, chapter 42 of the Acts of New
Brunswick, 1995, is repealed.
31 An
Act to Amend the Family Services Act, chapter 39 of the Acts of New
Brunswick, 1997, is amended by repealing sections 3 and 4.
COMMENCEMENT
32 This
Act or any provision of it comes into force on a day or days to be
fixed by proclamation.
EXPLANATORY NOTES
Section 1
(a) New definition.
(b) New definition.
(c) The existing definition
is as follows:
“immediate family”, when used
in reference to any person, includes
(a) a parent or grandparent of the person;
(b) a brother or sister of the person;
(c) a brother or sister of the person’s
mother or father;
(d) the spouse of any of the above,
while the spouses are cohabiting;
(e) the spouse of the person, while
the spouses are cohabiting;
(d) The existing definition
is as follows:
“parent” means a mother or
father and includes
(a) a guardian; and
(b) for purposes of Parts III, IV and
VII, a person with whom the child ordinarily resides who has demonstrated
a settled intention to treat the child as a child of his or her family;
but does not include
(c) a foster parent;
(d) a natural parent or adopting parent
whose rights with respect to the guardianship of the child have been
terminated by a guardianship agreement or a guardianship order under
Part IV or who has been deprived of the status of guardian under subsection
3(1) of the Guardianship of Children Act; or
(e) the natural father of the child
who is not married to the mother of the child unless he has signed
the birth registration form under section 9 of the Vital Statistics
Act or he has filed, with the mother, a statutory declaration under
section 105, or he has been named the father of the child in a declaratory
order made under Part VI or he is a parent within the meaning of paragraph
(b);
(e) The existing definition
is as follows:
“place”means to transfer the
care of a child, whether in law or in fact, from one person to another,
and includes any act of solicitation or negotiation or any act or
assistance that, on any reasonable view of the circumstances, can
be construed as contributing to the transfer of the care of the child,
whether in law or in fact, from one person to another; and “placing”
and “placement” have corresponding meanings;
Section 2
The existing provision is as follows:
3(1) The Minister …
(b.1) may, in writing, approve any community
social service agency that meets the standards and criteria prescribed
by regulation, and such additional standards and criteria as the Minister
considers fit, for the purposes of paragraph (b) and sections 67,
71 and 74,
Section 3
(a) The existing provision is
as follows:
44(1) Subject to the provisions of this Part,
the Minister may …
(b) in respect of a child under the
age of six months, enter into a guardianship agreement with the parent
of the child to accept the transfer on a permanent basis of the guardianship
of the child, including the custody, care and control of, and all
other parental rights and responsibilities with respect to, the child.
(b) New provision.
(c) The existing provision is
as follows:
44(3) A custody agreement is valid notwithstanding that one parent
is not a party to the agreement, if the parent who is not a party …
(e) while liable to maintain the child
has persistently neglected or refused to do so; or
Section 4
(a) The existing provision is
as follows:
48(1) Where the Minister and the parent of
the child enter into a custody agreement the Minister shall allow
the parent reasonable access to the child unless the child has been
placed for adoption or unless the Minister has prohibited access to
the child pursuant to section 13.
(b) The existing provision is
as follows:
48(4) A custody agreement terminates
(a) subject to subsection (5), where
a party to the agreement elects to terminate the agreement and has
given thirty days’ notice of termination to the other party;
(b) upon the marriage, death or adoption
of the child; or
(c) when the child reaches the age of
majority.
(c) The existing provision is
as follows:
48(5) Where a child in care under a custody
agreement has been placed for adoption, the agreement shall, notwithstanding
any provision of the agreement or of this Act with respect to its
expiry or termination, be deemed to continue in full force and effect
until such time as adoption proceedings in respect of that child,
taken by the person with whom the child was placed for adoption or
by the Minister, have been determined; and no act by any party to
the agreement to terminate the agreement after the child has been
placed for adoption is effective to terminate the agreement.
Section 5
The existing provision is as follows:
66 Subject to the provisions of this Part, any adult
(a) either alone, if not married, or
jointly with his spouse, may adopt a child; and
(b) where adopting the child of his
spouse, may do so without the spouse joining in the application.
Section 6
(a) The existing provision is
as follows:
70 The Minister may place a child, for purposes
of adoption, with a prospective adopting parent who has been approved
in accordance with section 67…
(b) where the child is in the care of
the Minister under a custody agreement or a custody order and any
adoption consent required under section 76 by the parent has been
given;
(b) The existing provision is
as follows:
70 The Minister may place a child, for purposes
of adoption, with a prospective adopting parent who has been approved
in accordance with section 67…
(c) where the child is in the custody
or guardianship of the Minister under an agreement entered into under
section 62 and the appropriate representative, person or agency having
the authority to consent to the adoption of the child, has consented
to the adoption.
Section 7
New provisions.
Section 8
The existing provision is as follows:
72 The Minister may enter into an agreement with a person with whom
a child is placed to provide special services as may be prescribed
by regulation.
Section 9
The existing provision is as follows:
73(1) Subject to subsection (3), no person shall place a child for
the purposes of adoption with someone other than a member of the child’s
immediate family unless he notifies the Minister by registered mail
not later than thirty days prior to the placement, or in the case
of a newborn child within fifteen days after placement, stating the
name and birth date of the child, the name and address of the prospective
adopting parent and the address where the child resides.
73(2) Subject to subsection (3), no person, except a member of the
immediate family of the child, shall take a child into his home for
the purposes of adoption unless he notifies the Minister by registered
mail thirty days prior to receiving the child into his home, or in
the case of a newborn child within fifteen days after receiving the
child, stating the name and birth date of the child, the name and
address of the parents of the child and the prospective adopting parent
and the address where the child resides.
73(3) Subsections (1) and (2) do not apply with respect to the adoption
by a person of the child of his spouse.
73(4) Any person who contravenes subsection (1) or (2) commits an offence.
73(5) Proceedings in respect of an offence under this section may be
commenced at any time within six years after the alleged violation.
Section 10
The existing provision is as follows:
74(1) Upon receiving the notification referred to in section 73, the
Minister shall cause an investigation on the placement to be conducted
and a report to be made and may contract with a community social service
agency approved under paragraph 3(1)(b.1) to conduct the investigation
and prepare the report.
74(2) When an investigation has been conducted under subsection (1)
the Minister may advise the parent of the findings contained in the
report.
Section 11
New provision.
Section 12
(a) The existing provision is
as follows:
75(2) Whenever a child has been placed for
adoption by the Minister, the Minister may apply to the court for
an adoption order effecting the adoption of the child by the adopting
parent with whom the child was placed.
(b) New provision.
(c) The existing provision is
as follows:
75(3) An application to the court for an
adoption order shall include a social and health history of the child,
the parents of the child and the adopting parents prepared in accordance
with the regulations.
(d) The existing provision is
as follows:
75(5) Subsections (3) and (4) do not apply to an adoption by a person
of the child of his spouse, to adult adoptions or to adoptions within
the immediate family.
Section 13
(a) The existing provision is
as follows:
76(2) Where the child to be adopted is a
ward of, in the custody of, or in the guardianship of a representative
of the government of any other province or state or any other agency
or person having authority to consent to the adoption of the child,
the consent of the representative, person or agency is required before
an adoption order shall be made, and notwithstanding subsection (1)
the consent of the parent is not required if the consent would not
have been required if the child were to be adopted in that province
or state.
(b) The existing provision is
as follows:
76(5) The consent of a parent to the adoption
of his child may be given at any time after the birth of the child,
but if given during the first seven days of the child’s life
it has no force and effect until the expiry of the seventh day after
the birth of the child.
(c) The existing provision is
as follows:
76(8) Notwithstanding subsection (6), any
adoption consent and supporting affidavit required by this section
are sufficient if executed in a form valid in the province or state
in which the consent and affidavit were executed.
Section 14
The existing provision is as follows:
77(1) A person to be adopted, the Minister or a representative, person
or agency required to consent under subsection 76(2) may revoke an
adoption consent at any time before an adoption order is made.
77(2) A parent whose consent for adoption is required may revoke his
consent by written notice at any time before an adoption order is
made, except where the child has been placed for adoption by the Minister.
Section 15
(a) The existing provision is
as follows:
78(1) On application, either ex parte or
upon such notice as the court directs, the court may waive a consent
required by this Part, other than a consent of the person to be adopted,
if the court is satisfied that
(a) the person whose consent is to be
waived …
(v) has not had an ongoing parental relationship
with the child and a delay in securing a home for the child would
be detrimental to the best interests of the child, or
(b) New provision.
(c) The existing provision is
as follows:
78(2) Where a child is of the age of twelve
years or over and is unable to understand or give consent, the child’s
consent may be waived by the court.
(d) The existing provision is
as follows:
78(3) Where the child’s consent is
not required under this Part, or is waived under subsection (2), the
court shall, where it considers it to be appropriate and feasible
to do so, take into account the wishes of the child.
Section 16
The existing provision is as follows:
79(6) Subsections (3), (4) and (5) do not apply with respect to the
adoption by a person of the child of his spouse.
Section 17
(a) The existing provision is
as follows:
80(3) Where a report has been made pursuant
to subsection 74(1), the Minister shall provide the court with a copy
of the report.
(b) The existing provision is
as follows:
80(6) Subsections (4) and (5) do not apply
with respect to the adoption by a person of the child of his spouse.
Section 18
The existing provision is as follows:
83(1) Where the requirements of this Part have been complied with and
the court is satisfied …
(f) where the applicant has applied
to adopt the child of his spouse, either
(i) thirty days have elapsed since
the application was made, or
(ii) the child has resided continuously
with the applicant for the previous six months, or
Section 19
(a) The existing provision is
as follows:
85(1) An adoption order, from the date it
is made …
(c) subject to subsections (3) and (4),
where a change of Christian names has been requested by the adopting
parent, changes the Christian names of the child to those set out
in the order.
(b) The existing provision is
as follows:
85(2) Except where a person adopts a child
of his spouse, an adoption order, from the date it is made …
(c) The existing provision is
as follows:
85(3) Where it is requested that the adoption
order change the Christian names of the child, the request shall only
be granted if the court is satisfied that a change is in the best
interests of the child, and, where the child’s wishes can be
ascertained, that the change is being made with the child’s
knowledge and agreement.
(d) The existing provision is
as follows:
85(4) Where the child of the applicant’s
spouse is adopted, the surname and Christian name of the child do
not change if the spouse does not consent to the change.
Section 20
The existing provision is as follows:
88 An adoption granted according to the law of any other province or
state that is substantially similar in effect to an adoption under
this Part shall be recognized in the Province and shall have the same
force and effect as if made under this Part.
Section 21
New provisions.
Section 22
The existing provision is as follows:
91(1) Subject to subsection (1.1) and section 92, all records and documents
relating to the adoption of any person on file with the court and
with the Registrar General of Vital Statistics are confidential.
91(1.1) All records and documents relating to the adoption of any person
on file with the court shall be made available to the Minister who
shall have the right to make such copies of the records and documents
as he considers fit.
91(1.2) All records and documents relating to the adoption of any person
and held by a religious, medical or social service agency or facility
shall be provided to the Minister upon his request.
91(2) Subject to section 92, all records and documents in the possession
of the Minister relating to the adoption of any person are confidential.
91(3) A request for information relating to the adoption of a person
shall be made to the Minister.
Section 23
The existing provision is as follows:
94 Any person having access to records and documents relating to adoptions
who discloses information on any adoption otherwise than in compliance
with section 92 commits an offence.
Section 24
(a) The existing provision is
as follows:
95(1) No person, whether before or after
the birth of a child, shall make, give or receive or agree to make,
give or receive a payment or reward or favour for or in consideration
of or in relation to...
(b) New provision.
Section 25
New provisions.
Section 26
(a) The existing provision is
as follows:
100(1) Any person having an interest in the
matter may apply to the court for a declaratory order that a man is
recognized in law to be the father of a child or that a woman is the
mother of a child.
(b) New provisions.
Section 27
A correction is made.
Section 28
(a) A correction is made.
(b) The existing provision is
as follows:
143 The Lieutenant-Governor in Council may
make regulations ...
(l) prescribing special services for
purposes of section 72;
(c) The existing provision is
as follows:
143 The Lieutenant-Governor in Council may
make regulations ...
(hh) respecting charges that may be imposed
by the Minister with respect to the provision of social services under
this Act;
(d) New regulation-making authority.
Section 29
(a) Consequential amendment.
(b) Consequential amendment.
Section 30
Consequential amendment.
Section 31
Consequential amendment.
Section 32
Commencement provision.