GENERAL

Central Authority and Directors 1. For the purpose of Article 6 of the Convention, the Central Authority for Ontario is the Ministry of Children and Youth Services. O. Reg. 200/99, s. 1; O. Reg. 171/17, s. 1. 2. The Coordinator of Private and International Adoption, Ministry of Children and Youth Services, including any person who holds the position in an acting capacity, is a Director for the purposes of the Act. O. Reg. 171/17, s. 2. Assignment of Functions of Central Authority 3. If a licensee meets the qualifications for an accredited body under Article 11 of the Convention, the licensee may perform the following functions of the Central Authority: 1. Receive applications from persons wishing to adopt a child from another country, as provided for in Article 14. 2. Ensure that prospective adoptive parents have agreed to the proposed adoption of a child from another country, as provided for in Article 17 (a). 3. Take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State, as provided for in Article 18. 4. Ensure that the transfer of the child takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents, as provided for in Article 19 (2). 5. Provide progress reports to the Central Authority of a child’s State of origin or to a Director about the adoption process and measures taken to complete it, as well as the progress of the placement if a probationary period is required, as provided for in Article 20. 6. Take the measures necessary to protect a child during a probationary period in accordance with Article 21. O. Reg. 200/99, s. 3. Prescribed Persons and Bodies 4. The following are prescribed persons and bodies for the purposes of clause 7 (d) of the Act: 1. Children’s aid societies in Ontario. 2. Ministries and agencies of the Government of Ontario. 3. The authorities responsible for law enforcement in Ontario. O. Reg. 200/99, s. 4. Definition of Facilitate 5. For the purpose of subsection 8 (1) of the Act, “facilitate”, with respect to an adoption, means any of the following: 1. Receive an application under section 5 of the Act. 2. Submit a report of an adoption homestudy to a Director. 3. Present a proposal to adopt a particular child to an applicant whose eligibility and suitability to adopt has been approved by a Director. 4. Submit an applicant’s consent or refusal to adopt a particular child to the Central authority of a child’s State of origin, the authority responsible for adoption in the child’s State of origin or a Director. 5. Submit to the Central authority of a child’s State of origin, the authority responsible for adoption in the child’s State of origin or a Director a progress report concerning a child who has been placed for adoption but whose adoption has not been finalized when such a report is requested by the State of origin. O. Reg. 200/99, s. 5. Expenses for which Fees may be Charged 6. The following are prescribed as classes of expenses incurred by a licensee for the purposes of clause 19 (a) of the Act: 1. Expenses incurred in receiving and processing applications for intercountry adoptions from prospective adoptive parents. 2. Expenses incurred with respect to the provision of adoption orientation and preparation to applicants for intercountry adoptions. 3. Expenses incurred with respect to an adoption homestudy. 4. Expenses incurred with respect to proposals to adopt particular children presented to applicants whose eligibility and suitability to adopt has been approved by a Director. 5. Expenses incurred in submitting applicants’ consents or refusals to adopt particular children to the Central authority of a child’s State of origin, the authority responsible for adoption in the child’s State of origin or a Director. 6. Expenses incurred in obtaining permission for a child to leave his or her State of origin and enter and reside permanently in Ontario. 7. Expenses incurred in making arrangements for the secure and appropriate transfer of a child from the State of origin to Ontario. 8. If an adoption placement requires a probationary period before finalization, expenses incurred in making arrangements for supervising the placement. 9. Expenses incurred in making progress reports and follow up reports. 10. Any expenses the licensee incurs with respect to services related to the adoption provided in the child’s State of origin in accordance with the laws of that State. 11. Expenses with respect to the administration of an intercountry adoption. O. Reg. 200/99, s. 6. 7. The following is prescribed as a class of expenses incurred by a person authorized to make a home study under subsection 5 (3) of the Act for the purposes of clause 19 (b) of the Act: 1. Expenses incurred by the person in preparing a home study to assess the prospective adoptive parent’s eligibility and suitability to adopt. O. Reg. 200/99, s. 7. 8. The following is prescribed as a class of expenses incurred by a Director for the purposes of clause 19 (c) of the Act: 1. Expenses incurred by the Director in processing an adoptive parent’s or prospective adoptive parent’s intercountry adoption file. 2. Expenses with respect to the administration of an adoptive parent’s or prospective adoptive parent’s intercountry adoption file. O. Reg. 200/99, s. 8. Licences 9. (1) An application under section 8 of the Act for a licence or for renewal of a licence shall be in the form approved by the Minister. O. Reg. 200/99, s. 9 (1). (2) The application shall contain the following information: 1. The name, address, telephone number and other relevant identifying information concerning the applicant. 2. Information concerning the applicant’s knowledge of the legislation of Canada, Ontario and foreign jurisdictions relevant to intercountry adoption. 3. Information concerning the applicant’s training, experience and expertise with respect to intercountry adoption. 4. Information concerning the applicant’s ability to provide services and carry out administrative procedures in accordance with the Act. O. Reg. 200/99, s. 9 (2). (3) For the purposes of subsections 8 (2) and (3) of the Act, there is no fee payable on an application for a licence or for a renewal of a licence. O. Reg. 171/17, s. 3. (4) A licence expires one year after it is issued. O. Reg. 200/99, s. 9 (4). Records and Reports 10. (1) Every licensee shall open and keep up to date a separate file with respect to each prospective adoptive parent. O. Reg. 200/99, s. 10 (1). (2) If a child who is the subject of an adoption proposal is not transferred to Ontario from his or her State of origin, the licensee with respect to that child shall return to a Director all copies of the adoption proposal with respect to that child. O. Reg. 200/99, s. 10 (2). (3) Subject to subsection (2) and section 18 of the Act, every licensee shall permanently retain each file referred to in subsection (1). O. Reg. 200/99, s. 10 (3). 11. (1) Every licensee shall keep a record of all expenditures made and money received with respect to the licensee’s facilitation of intercountry adoptions. O. Reg. 200/99, s. 11 (1). (2) Every licensee shall keep a separate book of account showing, for each prospective adoptive parent with respect to whom the licensee makes a deposit or withdrawal of money, the name of the adoptive parent from whom the deposit or withdrawal is made and the date of that deposit or withdrawal. O. Reg. 200/99, s. 11 (2). (3) Every licensee shall, when required by a Director, prepare and submit financial reports, including reports by a public accountant who is licensed or holds a certificate of authorization under the Public Accounting Act, 2004, with respect to the licensee’s facilitation of intercountry adoptions. O. Reg. 200/99, s. 11 (3); O. Reg. 171/17, s. 4; O. Reg. 169/18, s. 1. 12. A corporate licensee shall, within 15 days after any change to the officers or directors of the corporation, notify a Director of the change and the role of the new director or officer. O. Reg. 169/18, s. 2. Power of Entry 13. A person entering premises under section 17 of the Act shall produce identification, including evidence of appointment, on the request of the occupier. O. Reg. 200/99, s. 13. Exemption 13.1 The Act and the regulations do not apply to an adoption to which the Convention applies if the adoption will be finalized in an Ontario court. O. Reg. 135/00, s. 1. Police Record Checks Interpretation 14. (1) In this section and in sections 15 to 27, “adoption practitioner” means a person who, (a) visits the home of a prospective adoptive parent in order to make or prepare a report of an adoption homestudy and to make or prepare a progress report or a follow-up report, and (b) makes supervisory visits to the home of a prospective adoptive parent where a child has been placed for an adoption probationary period; (“intervenant en adoption”) “offence declaration” means a declaration that meets the requirements set out in subsection 24 (1); (“déclaration d’infraction”) “police record check” means a vulnerable sector check or a broad record check. (“vérification du dossier de police”) O. Reg. 310/24, s. 1 (1). (2) For the purposes of this section and sections 15 to 27, a person has a professional affiliation with a licensee if the person, (a) is an employee of the licensee; (b) volunteers with the licensee; (c) is under contract, respecting the facilitation of an intercountry adoption, with the licensee or provides services under that contract; (d) is a member of the board of directors of the licensee, in the case of a licensee that is a corporation; or (e) is a student on a placement with the licensee. O. Reg. 310/24, s. 1 (1). (3) For greater certainty, a person required under sections 14 to 27 to provide a police record check, vulnerable sector check or broad record check is required to provide the result of that check. O. Reg. 71/25, s. 1. Contents and rules re vulnerable sector checks 15. A vulnerable sector check in respect of a person is deemed to be a vulnerable sector check referred to in paragraph 3 of subsection 8 (1) of the Police Record Checks Reform Act, 2015 and shall include the information that is authorized to be disclosed in a vulnerable sector check pursuant to the Table to that Act. O. Reg. 310/24, s. 1 (1). Contents and rules re broad record checks 16. (1) A broad record check in respect of a person shall include written information prepared by a police record check provider, within the meaning of the Police Record Checks Reform Act, 2015, based on information available to the police record check provider at the time the check is prepared, respecting the particulars of, (a) every criminal offence of which the person has been convicted, except in respect of which a pardon has been issued or granted under the Criminal Records Act (Canada); (b) despite clause (a), any conviction for which a pardon has been granted where disclosure is authorized under the Criminal Records Act (Canada); (c) every criminal offence of which the person has been found guilty and has been discharged, except an offence in respect of which the Criminal Records Act (Canada) requires that the record be purged; (d) every finding of guilt under the Youth Criminal Justice Act (Canada) in respect of the person during the applicable period of access under that Act; (e) every outstanding order of a judge or justice of the peace made against the person in respect of a criminal matter, including a probation order, prohibition order or warrant; (f) every outstanding restraining order made against the person under section 35 of the Children’s Law Reform Act, section 46 of the Family Law Act or section 137 or 279.3 of the Child, Youth and Family Services Act, 2017, or any predecessors of those sections; (g) every outstanding criminal charge against the person; (h) every criminal charge against the person that, (i) resulted in a finding of not criminally responsible on account of mental disorder, (ii) resulted in a stay of proceedings, (iii) was dismissed by the court, or (iv) was withdrawn by the Crown; (i) every contact between the person and a police service for which the police service has a written record, unless, (i) disclosing the information could reasonably be expected to interfere with a law enforcement matter, (ii) a police service has not made the person aware of the contact, (iii) the person was a minor at the time of the contact, or (iv) the information is not relevant to the person’s suitability to perform caregiving duties for a child or to reside in a place where a child is residing and receiving care; and (j) every contact between the person and a police service in relation to actions taken against the person under the Mental Health Act because of a determination under that Act that the person was suffering, or apparently suffering, from a mental disorder of a nature or quality that would likely result in serious bodily harm to the person or to another person or in serious physical impairment of the person. O. Reg. 310/24, s. 1. (2) For greater certainty, nothing in this Regulation permits or requires the disclosure of information if the disclosure is prohibited under the Criminal Code (Canada), the Criminal Records Act (Canada), the Youth Criminal Justice Act (Canada) or any other law of Canada. O. Reg. 310/24, s. 1 (1). (3) For the purposes of this section, a pardon includes a record suspension within the meaning of the Criminal Records Act (Canada). O. Reg. 71/25, s. 2. Vulnerable sector checks 17. A person referred to in Column 1 of the Table to this section shall, if they are 18 or older, provide the results of a vulnerable sector check to the recipient set out opposite in Column 2 at the time set out opposite in Column 3 and in accordance with sections 14 to 27. O. Reg. 310/24, s. 1 (1); O. Reg. 71/25, s. 3. Table Vulnerable Sector Checks Item Column 1 Person to provide vulnerable sector check Column 2 Recipient Column 3 Timing 1. Unless required to provide a broad record check under section 18, the officers and directors of a corporation that holds a licence under section 8 of the Act to facilitate intercountry adoptions A Director In accordance with subsections 19 (1) and (4) 2. The officers and directors of a corporation applying for a licence under section 8 of the Act to facilitate intercountry adoptions A Director In accordance with subsection 19 (3) 3. An adoption practitioner A Director In accordance with subsection 19 (1) 4. A person applying to be an adoption practitioner A Director In accordance with subsection 19 (3) 5. A person who is undergoing training to become an adoption practitioner A Director In accordance with subsections 19 (1) and (5) 6. Unless required to provide a broad record check under section 18, a person who has a professional affiliation with a licensee and because of the professional affiliation may interact, without supervision, with a child receiving a service provided by the licensee Licensee In accordance with subsections 19 (1) and (2) 7. A person applying for a professional affiliation referred to in item 6 Licensee In accordance with subsection 19 (3) 8. A person who holds a licence under section 8 of the Act to facilitate intercountry adoptions A Director In accordance with subsection 19 (1) 9. A person applying for a licence referred to in item 8 A Director In accordance with subsection 19 (3) O. Reg. 310/24, s. 1 (1), Table. Broad record checks 18. A person referred to in Column 1 of the Table to this section shall, if they are 18 or older, provide the results of a broad record check to the recipient set out opposite in Column 2 at the time set out opposite in Column 3 and in accordance with sections 14 to 27. O. Reg. 310/24, s. 1 (1); O. Reg. 71/25, s. 4. Table Broad Record Checks Item Column 1 Person to provide broad record check Column 2 Recipient Column 3 Timing 1. A prospective adoptive parent habitually resident in Ontario who seeks to adopt a child who is habitually resident in another country Adoption practitioner In accordance with subsection 19 (6) 2. A person who resides with a person referred to in item 1 Adoption practitioner In accordance with subsections 19 (2) and (6) 3. A licensee, an officer or director of a corporation that holds a licence under section 8 of the Act to facilitate intercountry adoptions or a person delegated by a licensee who may have unsupervised interaction with a child A Director In accordance with subsections 19 (1) and (7) O. Reg. 310/24, s. 1 (1), Table. Timing and frequency 19. (1) A person referred to in item 1, 3, 5 6 or 8 of the Table to section 17 or item 3 of the Table to section 18 shall provide the relevant police record check at least every three years after they provided the last police record check. O. Reg. 310/24, s. 1 (1). (2) Within 30 days of turning 18, a person referred to in item 6 of the Table to section 17 or item 2 of the Table to section 18 shall request the relevant police record check and provide it as soon as reasonably possible after receiving the record. O. Reg. 310/24, s. 1 (1). (3) A person referred to in item 2, 4, 7 or 9 of the Table to section 17 shall provide the vulnerable sector check in their application. O. Reg. 310/24, s. 1 (1). (4) A person referred to in item 1 of the Table to section 17 shall, within 15 days of being appointed as an officer or joining the board of the corporation, (a) provide the Director with the vulnerable sector check; or (b) confirm to the Director that they have requested the vulnerable sector check and provide it to the Director as soon as possible after the person receives it. O. Reg. 310/24, s. 1 (1). (5) A person referred to in item 5 of the Table to section 17 shall provide the vulnerable sector check as soon as possible after being accepted to the Ministry’s mentorship program for new adoption practitioners. O. Reg. 310/24, s. 1 (1). (6) A person referred to in item 1 or 2 of the Table to section 18 shall provide the broad record check, (a) during an adoption homestudy assessment; (b) during any required update to the homestudy assessment, unless the person provided a broad record check during an adoption homestudy assessment during the previous three years; and (c) every three years since the last broad record check was provided until the adoption is completed or the person ceases to pursue an intercountry adoption. O. Reg. 310/24, s. 1 (1). (7) A person referred to in item 3 of the Table to section 18 shall provide the broad record check before the person has an unsupervised interaction with a child. O. Reg. 310/24, s. 1 (1). No duplication of obligations 20. A person who is referred to in more than one item in the Table to section 17 or 18 is not required to provide an additional police record check if they have provided a record check of the same type to the same recipient within the last three years. O. Reg. 310/24, s. 1 (1). Validity of police record check 21. The requirement for a person to provide a police record check is satisfied if the person provides original copies of the record that were, (a) prepared by a police record check provider, within the meaning of the Police Record Checks Reform Act, 2015, based on information available to the police record check provider at the time the police record check is prepared; and (b) issued by a police record check provider within the last six months. O. Reg. 310/24, s. 1 (1). Statement re relevance 22. When providing a police record check, the person may also include a written statement about whether, in their opinion, the contents of the record are relevant to the position or role that the person holds or seeks to hold. O. Reg. 310/24, s. 1 (1). Recipient documents 23. Every recipient listed in Column 2 of the Table to section 17 or Column 2 of the Table to section 18 shall have written documents setting out the following information and shall make the written documents available to any person who could be required to provide the recipient with a police record check: 1. The process for obtaining a police record check. 2. The process for submitting an offence declaration. 3. The recipient’s policies and procedures with respect to the measures to be followed to keep police record checks, notices of charges and convictions, statements of relevance and offence declarations confidential and secure, including policies and procedures respecting the retention, transfer and disposal of such materials. 4. Information about the right of a person who provides a police record check to provide a written statement about whether, in their opinion, the contents of the record are relevant to the position or role that the person holds or seeks to hold. 5. The recipient’s policies and procedures with respect to the way information included in a police record check, notice of charge or conviction, statement of relevance and offence declaration may be considered and used by a recipient. 6. The recipient’s polices and procedures with respect to the measures to be followed to ensure the protection of children who interact with a person required to provide a police record check under this Regulation until the record check is received. O. Reg. 310/24, s. 1 (1); O. Reg. 71/25, s. 5. Offence declarations 24. (1) A person making an offence declaration shall ensure that the offence declaration meets the following requirements: 1. The offence declaration shall be in writing and shall be signed by the person making the declaration. 2. The offence declaration shall indicate the period of time to which it pertains. 3. The offence declaration shall list, with respect to the period of time specified, i. all of the person’s convictions for offences under the Criminal Code (Canada), and ii. every criminal offence for which there is an outstanding charge or warrant to arrest in respect of the person. O. Reg. 310/24, s. 1 (1). (2) When providing the relevant police record check, the person providing the check shall also provide an offence declaration that addresses the period since the day on which the person requested the police record check. O. Reg. 310/24, s. 1 (1). (3) A person who is required to provide a police record check every three years shall, in a year in which they are not required to provide a record check, provide an offence declaration no later than 15 days after the anniversary of the day on which the person last provided an offence declaration or police record check, and the offence declaration shall address the period since the previous offence declaration or police record check was provided. O. Reg. 310/24, s. 1 (1). (4) A person required to provide a police record check who does not receive the police record within six months of the day on which they requested it shall provide an offence declaration within 15 days after that six-month period. O. Reg. 310/24, s. 1 (1). Notice of charge or conviction 25. A person required to provide a police record check under section 17 or 18 shall, as soon as possible after being charged with or convicted of an offence under the Criminal Code (Canada), provide a written and signed notice informing the relevant recipient of the charge or conviction. O. Reg. 310/24, s. 1 (1). Break in professional affiliation 26. (1) If there is a break in the professional affiliation between a person and the licensee with whom they have a professional affiliation, the following rules apply: 1. In the case of a break that is 12 months or less, the person shall provide the licensee with any police record check or offence declaration the person would have been required to provide had the break not occurred. 2. In the case of a break that is longer than 12 months, the person shall provide the licensee with the relevant police record check and offence declaration even if the police record check or offence declaration would not be required had the break not occurred. O. Reg. 310/24, s. 1 (1). (2) A person referred to in subsection (1) who is required to provide a police record check or offence declaration shall, (a) request any police record check and provide any required offence declaration before interacting, without supervision, with a child or young person and (b) provide the police record check to the licensee as soon as possible after they receive it. O. Reg. 310/24, s. 1 (1). Transition 27. (1) In this section, “transition day” means the day section 1 of Ontario Regulation 310/24 comes into force. O. Reg. 310/24, s. 1 (1). (2) A person who is required to provide a police record check under this Regulation shall do so at the following times: 1. If the person provided the required type of police record check to the required recipient before transition day and the record check was issued within three years of transition day, the person shall provide a new record check within three years of the day the previous record check was issued. 2. If the person has not provided the required type of police record check to the required recipient within three years before transition day or the police record check was issued more than three years before transition day, the person shall request the required check within 60 days of transition day and provide it as soon as possible after they receive it. O. Reg. 310/24, s. 1 (1).