Bill 46 - An Act to Amend the Intercountry Adoption Act

BILL 46

An Act to Amend the Intercountry Adoption 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 Intercountry Adoption Act, chapter I-12.01 of the Acts of New Brunswick, 1996, is amended

(a) in the definition “Minister” by striking out the period at the end of the definition and substituting a semicolon;

(b) by adding the following definitions in alphabetical order:

“adult” means a person who has reached the age of majority; (adulte)

“child” means a person actually or apparently under the age of majority, unless otherwise specified or prescribed in this Act or the regulations; (enfant)

“court” means The Court of Queen’s Bench of New Brunswick, except where otherwise provided, and includes any judge of The Court of Queen’s Bench of New Brunswick; (cour)

“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 The Act is amended by adding after section 2 the following:

PART 1

IMPLEMENTATION OF CONVENTION

3 The Act is amended by adding after section 11 the following:

PART 2

INTERCOUNTRY ADOPTIONS GENERALLY

Authority of Minister and immunity

12(1) The Minister may authorize, to the extent he or she determines, that an employee of the Department of Family and Community Services or a person or body who meets the standards and criteria prescribed by regulation may exercise any power, duty or function conferred on the Minister by this Act and specified in the authorization.

12(2) The Minister and any person authorized under subsection (1) shall not be liable to any person for any injury, loss or damage caused to any person or property by reason of the exercise of any power, duty or function under this Act, if the power, duty or function is exercised in good faith and without negligence.

Consideration of child’s wishes and right to be heard

13(1) In the exercise of an authority under this Act given to a person to make a decision that affects a child

(a) the wishes of the child shall be considered in determining his or her interests,

(b) the interests of the child shall be considered as distinct interests, separate from those of any other person,

(c) if the child’s wishes have not been or cannot be expressed or the child is incapable of understanding the nature of the choices that may be available to him or to her, the person shall make every effort to identify the child’s interests and shall consider them as distinct interests, separate from those of any other person,

(d) the person may consult directly with the child in private, unless the person determines that to do so would not be in the best interests of the child, and

(e) the person may exclude any person, including a party to a proceeding and his or her counsel, from participating in or observing the consultation.

13(2) In any matter or proceeding under this Act affecting a child, whether before a court or any person having authority to make a decision that affects a child, the child has the right to be heard.

13(3) In any proceeding under this Act the court may waive any requirement that the child appear before the court, if it is of the opinion that it would be in the best interests of the child and if the court is satisfied that the interests of the child will not be prejudiced.

Division A

Adoption of Child from Outside Canada

Application of Division A

14 This Division applies to the adoption or proposed adoption of a child who is habitually resident outside Canada by an adult who is habitually resident in the Province.

Application for adoption

15 An adult habitually resident in the Province who wishes to adopt a child who is habitually resident outside Canada shall apply to the Minister.

Requirements

16 If a child is habitually resident outside Canada, the child may be adopted by an applicant under section 15 only if the Minister

(a) has determined that the applicant is eligible and suited to adopt,

(b) has ensured that the applicant has received training, satisfactory to the Minister, to prepare for intercountry adoption, and

Procedure

17(1) The Minister shall prepare a report on an applicant under section 15 that includes information about

(a) the applicant’s identity, eligibility and suitability to adopt,

(b) the applicant’s background, family history, health history and social environment,

(d) the applicant’s ability to undertake an intercountry adoption,

(e) the characteristics of a child for whom the applicant would be qualified to care, and

(f) such other matters as may be prescribed by regulation.

17(2) The Minister shall determine, based on the report, whether the applicant is suitable to undertake an intercountry adoption and shall inform the applicant as to the determination.

17(3) With the consent of the applicant, the Minister may provide the information collected under subsection (1) to any person.

17(4) The Minister shall transmit the report to the Central Authority or other adoption authority in the child’s jurisdiction of origin, if the applicant decides to proceed with the adoption process.

Next steps

18(1) The Minister shall review any report or consents received from the Central Authority or other adoption authority in the child’s jurisdiction of origin.

18(2) If the Minister and the Central Authority or other adoption authority in the child’s jurisdiction of origin agree that the adoption may proceed, the Minister shall notify the Government of Canada of the agreement.

If continued placement not in child’s best interests

19(1) If the adoption is to take place in the Province after the child’s transfer to the Province and it appears to the Minister that the continued placement of the child with the prospective adoptive parent is not in the best interests of the child, the Minister may remove the child from the care of the prospective adoptive parent.

19(2) The Minister shall consult with the Central Authority or other adoption authority of the child’s jurisdiction of origin to arrange a new placement of the child with a view to adoption or, if a new placement is not appropriate, to arrange alternative care for the child.

19(3) No adoption shall take place until the Central Authority or other adoption authority of the child’s jurisdiction of origin has been informed concerning the new prospective adoptive parent.

19(4) As a last resort, the Minister shall arrange to return the child to his or her jurisdiction of origin, if his or her interests so require.

Division B

Intercountry Adoption of Child from New Brunswick

Application of Division B

20 This Division applies to the adoption or proposed adoption of a child who is habitually resident in the Province by an adult who is habitually resident outside Canada.

Adoption of child habitually resident in New Brunswick

21 An adult habitually resident outside Canada who wishes to adopt a child who is habitually resident in the Province shall apply to the Central Authority or other adoption authority in his or her jurisdiction of habitual residence.

Requirements

22 A child who is habitually resident in New Brunswick shall not be adopted by an adult who is habitually resident outside Canada unless the Minister

(a) has established that the child is eligible for adoption,

(b) has determined, after possibilities for placement of the child within Canada have been given due consideration, that an intercountry adoption is in the child’s best interests, and

(i) the child has been counselled and informed of the effects of the adoption and of his or her consent to the adoption, and

(ii) the child’s consent to the adoption has been given freely in writing in the form prescribed by regulation and has not been induced by payment or compensation of any kind.

Only Minister may place child for intercountry adoption

23(1) No person other than the Minister shall place for adoption outside Canada a child who is habitually resident in the Province at the time the placement occurs.

23(2) Subject to this Division, the Minister may only place a child with a prospective adoptive parent for purposes of intercountry adoption if the child is in the care of the Minister under a guardianship agreement or a guardianship order.

Best interests of child

24 In placing a child for adoption the Minister shall put the best interests of the child above all other considerations.

Procedure

25(1) If the Minister has determined that the requirements under section 22 have been met, the Minister shall

(a) prepare a report, including information about the child’s

(i) identity, background and social environment,

(ii) adoptability and special needs, and

(iii) family history, health history and family health history;

(b) consider the child’s upbringing and his or her ethnic, religious and cultural background;

(i) the prospective adoptive parent’s identity, eligibility and suitability to adopt,

(ii) the prospective adoptive parent’s background, family history, health history and social environment,

(iii) the prospective adoptive parent’s reasons for adoption,

(iv) the prospective adoptive parent’s ability to undertake an intercountry adoption,

(v) the characteristics of the child for whom the prospective adoptive parent would be qualified to care, and

(vi) such other matters as may be prescribed by regulation; and

(d) determine, on the basis of the reports and considerations set out in paragraphs (a) to (c), whether the placement is in the best interests of the child.

25(2) The Minister shall transmit the following to the Central Authority or other adoption authority of the receiving jurisdiction:

(a) the report prepared under paragraph (1)(a);

(b) proof of the child’s consent in accordance with section 22, if applicable; and

Final requirements

26 The Minister shall place the child with the prospective adoptive parent only if

(a) the prospective adoptive parent agrees to the placement,

(b) the Central Authority or other adoption authority of the receiving jurisdiction has approved the placement, if approval is required by the laws of the jurisdiction,

(c) the Minister and the Central Authority or other adoption authority of the receiving jurisdiction agree that the adoption may proceed,

(d) the Minister is satisfied that the prospective adoptive parent is eligible and suited to adopt, and

(e) the Minister is satisfied that the child is or will be authorized to enter and reside permanently in the receiving jurisdiction.

Placement agreement

27(1) If the Minister places a child for purposes of adoption in accordance with this Division, the Minister may enter into an agreement in writing with a person to transfer all or part of the custody, care and control of the child to that person as a prospective adoptive parent, and in the agreement the Minister may transfer to the prospective adoptive parent the rights and responsibilities with respect to custody, care and control of the child that have been transferred to the Minister by a guardianship agreement, or that have been imposed on the Minister by court order, as the Minister considers to be suitable under the circumstances.

27(2) No right, authority or obligation transferred to a prospective adoptive parent under an agreement referenced in subsection (1) is transferable by a prospective adoptive parent to any other person.

Division C

Court Process for Intercountry Adoption Finalized in New Brunswick

Requirements for application for adoption order

28(1) Subject to this Act, an adult may apply to the court for an adoption order effecting the adoption of a named child by that adult.

28(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.

28(3) The child shall reside continuously with the applicant for six months before the court may make an adoption order.

Contents of court application

29(1) An application to the court for an adoption order shall be in the form prescribed by regulation and shall include

(a) the documents and reports from the child’s jurisdiction of origin, as prescribed by regulation,

(b) the documents and reports from the receiving jurisdiction, as prescribed by regulation,

(c) a report on the progress of the adoption placement prepared by a public authority or body accredited in the receiving jurisdiction,

(d) if the child is of the age of twelve years or over, the consent of the child to the adoption order,

(e) if the child is habitually resident outside Canada when he or she is placed for adoption, the consent to the adoption order or agreement of the Central Authority or other adoption authority of the child’s jurisdiction of origin,

(f) if the child is habitually resident in the Province when he or she is placed for adoption, the Minister’s consent to the adoption order, and

(g) proof of service of the notices required by subsections 34(3) and (4).

29(2) The documents and reports relating to a child who is habitually resident outside Canada when he or she is placed for adoption shall only be required to contain as much detail as is reasonable and practicable in the circumstances of the case.

29(3) In making an adoption order the court shall consider the reports referred to in paragraphs (1)(a), (b) and (c).

Form of consent

30(1) A consent to an adoption order shall be witnessed and an affidavit of witness in the form prescribed by regulation shall be attached to it.

30(2) Despite subsection (1), a consent to an adoption order and affidavit of witness are sufficient if executed in a form valid in the jurisdiction in which the consent and affidavit of witness were executed.

30(3) Despite subsections (1) and (2), a defect in an affidavit of witness does not invalidate a consent to an adoption order.

Waiver of consent of child

31 If a child to be adopted is of the age of twelve years or over and is unable to understand or give consent, the consent of the child to the adoption order may be waived by the court.

Revocation of consent

32 The Minister, a child to be adopted, the Central Authority or other authority of a child’s jurisdiction of origin or any other person whose consent to the adoption order is required may revoke a consent to an adoption order at any time before an adoption order is made.

Confidential nature of proceedings

33(1) Proceedings under this Act may, in whole or in part, be heard in open court or in private, and in exercising its discretion whether to proceed in private or in open court the court shall take into consideration in every case

(a) the public interest in hearing the proceeding in open court,

(b) any potential harm or embarrassment that may be caused to any person if matters of a private nature are disclosed in open court, and

33(2) Except in accordance with subsection 50(2), no person shall publish, make public or contribute to the publication of the name of a child who is the subject of the proceeding under this Act or the name of a parent or prospective adoptive parent of a child in relation to the proceeding, or in any other way identify the child, his or her parent or prospective adoptive parent.

33(3) Despite subsection (2), a person may, in relation to a proceeding under this Act, publish, make public or contribute to the publication of the name of a child, his or her parent or prospective adoptive parent or identify a child, his or her parent or prospective adoptive parent in another way if the person has first obtained leave of the court.

33(4) For the purposes of subsections (2) and (3), a person contributes to the publication of the name of a child, his or her parent or prospective adoptive parent if the person writes, edits or approves an article for the purpose of publication that contains the name of the child, his or her parent or prospective adoptive parent.

Procedure on intercountry adoption application

34(1) The court shall set the time and place for the hearing within five days after the application is filed with the court.

34(2) Subject to subsection 36(2), if the applicant has applied for a waiver under section 31 and the court directs that a notice be given to the child, the court shall delay the hearing in order to permit the child to appear.

34(3) No application shall be heard by the court until the applicant proves that notice of the applicant’s intention to apply for an adoption order was served on the Minister at least thirty days before the hearing.

34(4) The applicant shall serve on the Minister notice of the time and place set for the hearing at least ten days before the hearing.

34(5) When the Minister consents in writing to the hearing of the application without the notices required by subsections (3) and (4), the court may hear the application immediately.

34(6) A notice under this section shall be in the form prescribed by regulation.

34(7) Despite the Rules of Court, the court may direct that statements and evidence that may be detrimental to the welfare of the child or the interests of the applicant be omitted from any notice given under this Act, and if substituted service of any notice is to be effected by public advertisement, the court shall direct that the names of the child and of the prospective adoptive parent be omitted from the notice.

Evidence and witnesses

35(1) The court may require any person, including the Minister, whom it considers likely to be able to give material evidence on an application, to attend and give evidence, and the attendance of that person may be enforced in the same manner as in other civil cases before the court.

35(2) The Minister may attend a hearing of an application for an adoption order and may give evidence concerning the matter before the court.

Time for disposition of application

36(1) If, in the opinion of the court, there is sufficient cause, the court may make an order

(a) extending the time for any hearing under this Act, or

(b) subject to subsection (2), adjourning the hearing.

36(2) The court shall dispose of an application made under this Act within thirty days after it is made, unless the court is satisfied that exceptional circumstances require the disposition of the application to be delayed beyond thirty days.

Court may order examination or evaluation

37(1) The court may, if it determines that it would be in the best interests of the child to do so, require that the child, a prospective adoptive parent, or any other person living with the child or in so close relationship with the child as to be in a position to influence the nature of the care and control exercised with respect to the child, undergo a psychiatric, psychological, social, physical or any other examination or evaluation specified by the court, before or during the hearing, and in the event of the refusal or failure by any person to participate in an examination or evaluation, or to consent to the examination or evaluation of a child under his or her care, the court may draw the inferences that appear to the court to be warranted under the circumstances.

37(2) The prospective adoptive parent shall pay the cost of an examination or evaluation required by the court under subsection (1).

Disposition of application

38 If, on hearing an application, the court determines that an adoption order should not be made, the court may

(a) make an order with respect to the custody of the child that it considers appropriate in the circumstances, or

(b) order that the Minister place the child under protective care and that proceedings be taken under Part IV of the Family Services Act.

Adoption order

39(1) Subject to subsection 28(3), the court may make an adoption order if the requirements of this Act have been complied with and the court is satisfied

(a) as to the truth of the matters stated in the application,

(b) as to the ability of the prospective adoptive parent to care for and educate the child in a proper manner, and

(c) as to the likelihood that the adoption will provide the child with security, a permanent family relationship and continuity of care.

39(2) An adoption order shall be in the form prescribed by regulation and shall bear the seal of the court.

39(3) If a child has been placed for adoption with two prospective adoptive parents, one of whom dies before an adoption order is made, the court may, on the request of the surviving adoptive parent, make an order with respect to the child in favour of both prospective adoptive parents, which shall be dated the day before the death of the prospective adoptive parent.

39(4) The Registrar of the court shall send a certified copy of the adoption order to the adoptive parent and to the Minister.

Effects of adoption order

40(1) An adoption order, from the date it is made,

(a) gives the adopted child status as a child of his or her adoptive parent and the adoptive parent status as the parent of the adopted child, as if the child had been born to the adoptive parent,

(b) subject to subsection (5), gives the adopted child the surname of his or her adoptive parent unless the court orders otherwise, and

(c) subject to subsections (4) and (5), if a change of given names has been requested by the adoptive parent, changes the given names of the child to those set out in the order.

40(2) Except in the case where a person adopts a child of his or her spouse or common-law partner, an adoption order, from the date it is made,

(a) severs the tie the child had with his or her birth parent or guardian or any other person in whose custody the child has been, by divesting the parent, guardian or other person of all parental rights in respect of the child, including any right of access that is not preserved by the court, and freeing that person from all parental responsibilities for the support of the child,

(b) frees the child from all obligations, including support, with respect to his or her birth parent or any other person in whose custody he has been, and

(c) unless specifically preserved by the order in accordance with the express wishes of the birth parent, severs the right of the child to inherit from his or her birth parent or birth family members.

40(3) Despite subsections (1) and (2), an adoption order does not terminate or affect any rights the child has that flow from his or her cultural heritage, including aboriginal rights.

40(4) If the applicant requests that the adoption order change a given name 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, if the child’s wishes can be ascertained, that the change is being made with the consent of the child.

40(5) If the child of the applicant’s spouse or common-law partner is adopted, the surname and given name of the child do not change unless the spouse or common-law partner consents to the change.

40(6) In the case of a child twelve years of age or over, an adoption order shall not change any part of the name of the child without the consent of the child.

Effect of subsequent adoption order

41 If an adoption order is made in respect of a child who was previously adopted, all the legal consequences of the former adoption order terminate on the making of the subsequent adoption order.

Change in birth register

42 The Registrar of the court shall file with the Registrar General of Vital Statistics within ten days after the making of an adoption order a certified copy of the order and, on the request of the Registrar General of Vital Statistics, the Registrar of the court shall supply sufficient additional information to allow the birth register to be accurately changed or the Registrar General of Vital Statistics to carry out his or her duties under the Vital Statistics Act.

Offence

43(1) If an application to adopt a child is made to the court within five years after an act occurs that is alleged in any information to be a violation of section 23, the person placing the child shall be presumed to have placed the child for the purposes of the adoption of the child, with full knowledge and intent.

43(2) Proceedings in respect of an offence under section 23 may be commenced at any time within six years after the alleged violation.

Appeal

44(1) An appeal lies to The Court of Appeal of New Brunswick from an adoption order, or from a refusal to make an adoption order.

44(2) Within thirty days after the disposition of the application to adopt, an appeal may be brought by

(a) the child adopted or who was to have been adopted,

(b) the adoptive parent or a prospective adoptive parent,

(d) the Minister.

44(3) On appeal, the court may

(a) affirm the order, with or without modification,

(b) terminate the order,

(d) give any judgment or make any order that in its opinion ought to have been given or made in the court below.

Setting aside of adoption order

45(1) If there has been substantial compliance with the requirements of this Act, no adoption order shall be set aside on appeal or otherwise by reason only of a defect or irregularity in complying with the requirements unless there has been a substantial miscarriage of justice.

45(2) Except on appeal, an adoption order shall not be set aside unless the order was procured by fraud, and unless it is in the best interests of the child to set aside the order.

Division D

Other Matters

Confidentiality of information

46(1) All information acquired by the Minister or any other person in relation to any person or matter under this Act, whether of a documentary nature or otherwise, is confidential to the extent that its release would tend to reveal personal information about a person identifiable from the release of the information.

46(2) The Minister shall not release confidential information to any person without the consent of the person from whom the information was obtained and to whom the information relates.

46(3) Despite subsection (2), the Minister may release confidential information, without the consent of a person from whom the information was obtained and to whom the information relates,

(a) to another Minister of the Crown, a person or body authorized under subsection 12(1), or a civil servant,

(b) to protect the health, safety and security of any person, and

46(4) A person to whom information is released under paragraph (3)(b), other than a person referred to in paragraph (3)(a), shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and to whom the information relates.

Records and documents confidential

47(1) Subject to subsection (2) and section 48, all records and documents relating to the adoption of any person on file with the court or the Registrar General of Vital Statistics are confidential.

47(2) All records and documents relating to the adoption of a person on file with the court shall be made available to the Minister, who may make copies of them.

47(3) All records and documents relating to the adoption of a person and held by a person or body authorized under subsection 12(1) shall be provided to the Minister on his or her request.

Request for information

48(1) A request for information relating to the adoption of a person shall be made to the Minister.

48(2) Subject to subsection (7), if a request for the release of non-identifying information relating to an adoption is made by an adoptive parent, an adopted person, a birth parent or any other person who, in the opinion of the Minister, has an interest in the matter and a reason acceptable to the Minister, the Minister may comply with the request.

48(3) Despite section 46, the Minister may release identifying information under the circumstances set out in subsection (4), if a request for identifying information relating to the adoption of a person is received from any of the following persons:

(a) subject to subsection (7), an adopted person;

(b) an adoptive parent;

(d) any other person who, in the opinion of the Minister, has an interest in the matter and a reason acceptable to the Minister.

48(4) The Minister may release identifying information

(a) if an adult has voluntarily registered his or her name on a register that shall be kept by the Minister to record the names of adults who wish to contact their birth parent, child or sibling, and the person sought to be contacted has also voluntarily registered his or her name on the register,

(b) if it is necessary to avoid a situation in which a person, who has obtained identifying information from another source, contacts a birth parent or child without the prior preparation of the person contacted,

(d) when the information is necessary for the preparation of a health or psychosocial history for purposes of treatment, or

(e) if the Minister is satisfied that all persons who will be directly affected by the release of information have consented to its release, and that there is no compelling reason in the public interest to refuse the request.

48(5) If an application is made to the Minister under subsection (3), the Minister may

(a) search the files to ascertain the identity of any person named or referred to in the request, and

(b) make contact with any person on a confidential basis to

(i) obtain that person’s consent to the release of identifying information,

(ii) attempt to obtain information specified in the application, or

(iii) arrange contact between the applicant and the person contacted.

48(6) If the person named or referred to in a request under subsection (3) is dead, the Minister may give identifying information concerning that person to the person requesting it, if the Minister is satisfied that the circumstances surrounding the request warrant the release and that the information would have been released under subsection (3) or (4) had the person been alive and consented to its release.

48(7) If a request has been filed by an adopted child who is under the age of majority, the Minister shall not provide the adopted child with

(a) non-identifying information without the consent of the adoptive parent, or

(b) identifying information without the consent of the adoptive parent and the birth parent.

48(8) Despite subsection (7), if the Minister is satisfied that special circumstances warrant the release of information without the consent of the persons referred to in paragraph (7)(a) or (b), as the case may be, the Minister may release the information.

Offence - disclosing information

49(1) No person with access to records and documents relating to adoptions, including the identities of references and their comments provided under section 17 or 25, shall disclose information about a prospective adoptive parent or an adoption otherwise than in compliance with sections 46 to 48.

49(2) Proceedings in respect of an offence under this section may be commenced at any time within six years after the alleged violation.

Advertisement prohibited

50(1) No person, in relation to an intercountry adoption, shall publish or cause to be published in any form or by any means an advertisement concerning the placement or adoption of a child.

50(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,

(d) other forms of advertising specified by the regulations.

50(3) Proceedings in respect of an offence under this section may be commenced at any time within six years after the alleged violation.

Order of court of jurisdiction outside Canada

51(1) If the court of a jurisdiction outside Canada orders that all or part of the parental rights and responsibilities in respect of a child who has a real and substantial connection with that jurisdiction be transferred to an agency or representative of that jurisdiction, the order shall be recognized and shall have the same force and effect as an order made under the Family Services Act.

51(2) If a copy of the order certified as a true copy by a judge, other presiding officer or official of that jurisdiction is produced as evidence, no proof is required of the appointment, authority or signature of the judge, presiding officer, or official issuing the certificate.

No payment, reward or favour

52(1) No person, in relation to an intercountry adoption, whether directly or indirectly, before or after the birth of a child, shall make, give or receive or agree to make, to give or to receive a payment, reward or favour for, in consideration of or in relation to

(a) the adoption or proposed adoption of the child,

(b) the giving of consent or the signing of a consent to the adoption of the child,

(d) the conduct of negotiations or the making of arrangements with a view to the adoption of the child.

52(2) Proceedings in respect of an offence under this section may be commenced at any time within six years after the alleged violation.

Investigation by professional society

53 If the Minister has reasonable grounds to suspect that a person has violated or failed to comply with any provision of this Act, the Minister may, in addition to any action he or she may take with respect to prosecution, require any professional society, association or other organization authorized to regulate the professional activities of the person, to cause an investigation to be made into the matter.

Fees and expenses permitted

54 Despite section 52,

(a) a lawyer may charge reasonable fees and expenses for legal services in connection with an intercountry adoption,

(b) a health care provider may charge reasonable fees and expenses for health care services provided to a child who is the subject of an adoption or to the child’s birth mother in connection with her pregnancy or the child’s birth,

(c) the Minister or a person or body authorized under subsection 12(1) may charge fees and expenses as prescribed by regulation, and

(d) an adoption agency outside New Brunswick or any person specified by the regulations may charge reasonable fees and expenses for services provided in connection with an intercountry adoption.

Evidence

55(1) A report, certificate or other document signed by the Minister or his or her delegate or purporting to be signed by the Minister or his or her delegate may be adduced into evidence in court and shall be received as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the appointment, authority or signature of the Minister or his or her delegate.

55(2) In the prosecution of an offence under subsection 58(4), a certificate signed by the Minister stating that a person at a specified time refused to permit the Minister to conduct an investigation under section 58, or obstructed or interfered with an investigation conducted by the Minister under section 58, may be adduced into evidence under this section.

Offences and penalties

56(1) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule B commits an offence.

56(2) For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule B is punishable as an offence of the category listed beside it in Column II of Schedule B.

56(3) If an offence under subsection (1) 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.

Administration - contracts

57 The Minister may enter into contracts with persons, whether within or outside the Province, or with a representative of the Crown in right of Canada or of any other province, or with a representative of the government of any jurisdiction, to carry out the Minister’s responsibilities under this Act.

Investigation

58(1) If the Minister is advised that a person or body authorized under subsection 12(1) is providing a service that may be of inadequate quality, or dangerous or damaging to a recipient, the Minister shall investigate as the Minister considers necessary, including

(a) entering any premises occupied by the person or body in question,

(b) inspecting records and documents of the person or body, and

58(2) Any statement or declaration made or evidence given by a person at the request of the Minister under the authority of subsection (1) is confidential and for the information of the Minister only, and except for use in a court proceeding no statement, declaration or evidence may be inspected by any person without the written authorization of the Minister.

58(3) If, on the completion of the investigation referred to in subsection (1), the Minister is of the opinion that a service being provided by a person or a body authorized under subsection 12(1) is of inadequate quality or dangerous or damaging to a recipient of the service, the Minister may direct the person or the owner or person in charge of the body immediately or within the time as is specified in the directive to do any or all of the following:

(a) to make changes recommended by the Minister with respect to the provision of the service, the operation of a program or the conduct of the business of the person or body;

(b) to suspend the provision of the service or the operation of a program until the recommendations of the Minister are complied with;

58(4) No person authorized under subsection 12(1) or the owner or person in charge of a body authorized under subsection 12(1) shall

(a) refuse to permit the Minister to conduct an investigation under this section, or

(b) obstruct or interfere with an investigation conducted by the Minister under this section.

58(5) If a person authorized under subsection 12(1) or the owner or person in charge of a body authorized under subsection 12(1) fails or refuses to comply with a directive given by the Minister under subsection (3), or does anything referred to in subsection (4), the Minister may, without notice and without compensation, revoke the approval given under subsection 12(1) and terminate any contract entered into with the person or body.

58(6) If the Minister terminates a contract under the authority of subsection (5), the Minister is entitled to compensation from the person or body with which the contract was made equal to the value of any resources provided to the person or body under this Act during the period of one year before the giving of the directive or the doing of that referred to in subsection (4).

58(7) The Minister may issue a certificate stating the amount of compensation due and payable pursuant to subsection (6) and the name of the person from whom the compensation is due and payable, and may file the certificate in court, and when the certificate is entered and recorded it becomes a judgment of the court and may be enforced as a judgment obtained in the court by Her Majesty against the person named in the certificate for a debt of the amount specified in the certificate.

Regulations

59 The Lieutenant-Governor in Council may make regulations

(a) respecting the standards and criteria for persons or bodies to be authorized under subsection 12(1), their functions and duties and the suspension, cancellation and reinstatement of authorization;

(b) respecting residency in the Province for the purpose of this Act;

(c) respecting adoption consents, proof of identity, information to be provided by a prospective adoptive parent, criteria to determine suitability to undertake an intercountry adoption, training of a prospective adoptive parent and the placement of children for intercountry adoption;

(d) respecting the form and contents of reports under sections 17, 25 and 29;

(e) respecting rights of access to information, the confidentiality, security, disclosure and disposal of information acquired under the Act and the duration, renewal and cancellation of determinations under sections 17 and 25;

(f) prescribing additional information to be filed with a court before an adoption order is made under section 39;

(g) respecting service of documents and rules of procedure for an application or appeal under this Act;

(h) respecting post-adoption information release;

(i) respecting disclosure vetoes and no-contact declarations of other jurisdictions;

(j) respecting exemptions from advertising restrictions under section 50;

(k) prescribing the fees and expenses that may be charged under paragraph 54(c) for services relating to the adoption of a child;

(l) specifying persons under paragraph 54(d) who may charge for services relating to the adoption of a child;

(m) respecting agreements that the Minister may enter into for the purpose of this Act;

(n) prescribing forms for the purposes of this Act and providing for their use;

(o) defining words and phrases used in but not defined in this Act for the purposes of this Act, the regulations, or both;

(p) prescribing any matter or thing that is required or authorized by this Act to be prescribed by regulation;

(q) generally to give effect to the purpose of the Act.

4 The Act is amended by adding after Schedule A the following:

SCHEDULE B

Column I Section		Column II Category of Offence
Column I Section		Column II Category of Offence

	23(1)...............		E
	33(2)...............		E
	49...............		E
	50(1)...............		E
	52(1)...............		F
	58(4)...............		E

CONSEQUENTIAL AMENDMENTS

Change of Name Act

5 Section 2 of the Change of Name Act, chapter C-2.001 of the Acts of New Brunswick, 1987, is repealed and the following is substituted:

2 Subject to the Intercountry Adoption Act, the Vital Statistics Act and Part V of the Family Services Act, no change of the registered name of a person shall be made except in accordance with this Act.

Family Services Act

6 Section 64 of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is repealed and the following is substituted:

64 No adoption shall be made except in accordance with this Part or the Intercountry Adoption Act.

Vital Statistics Act

7 Paragraph 25(b) of the Vital Statistics Act, chapter V-3 of the Acts of New Brunswick, 1979, is amended by striking out “in accordance with the Part V of the Family Services Act” and substituting “in accordance with Part V of the Family Services Act or section 42 of the Intercountry Adoption Act”.

COMMENCEMENT

8 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.