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BILL NO. 117

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019

 

Private Member's Bill

 

Adoption Information Act
(amended)

 

Barbara Adams
Cole Harbour–Eastern Passage



First Reading: March 15, 2019

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 updates the Section references in the definition of "applicant" in and adds definitions for "contact preference", "court", "disclosure approval", "disclosure veto" and "undertaking" to the Adoption Information Act.

Clause 2 replaces the restrictive conditions under which the Director may supply an applicant with information regarding a family member with more permissive conditions.

An Act to Amend Chapter 3
of the Acts of 1996,
the Adoption Information Act

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 3 of the Acts of 1996, the Adoption Information Act, is amended by

(a) striking out "13, 14, 15 or 16" in the second line of clause (a) and substituting "16, 17, 19A, 19B or 19D";

(b) adding immediately after clause (m) the following clauses:

    (ma) "contact preference" means a document that sets out the preferences of the person who provides the contact preference regarding contact with another person;

    (mb) "court" includes the Family Court and Supreme Court of Nova Scotia;

(c) adding immediately after clause (n) the following clauses:

    (na) "disclosure approval" means a document that allows the disclosure of identifying information about the person who provides the disclosure approval;

    (nb) "disclosure veto" means a document that prohibits the disclosure of identifying information about the person who provides the disclosure veto;

(d) striking out the period at the end of clause (v) and substituting a semi-colon; and

(e) adding immediately after clause (v) the following clause:

    (w) "undertaking" means a document, signed by a person, that states that the person agrees to abide by the terms of a contact preference.

2 Sections 13 to 19 of Chapter 3 are repealed and the following Sections substituted:

    13 (1) The Minister may disclose identifying information to the following persons:

    (a) an adopted person;

    (b) an adopted person under the age of majority with the consent of the adopting parent;

    (c) an adoptive parent;

    (d) a birth parent; or

    (e) where the Minister considers it appropriate, any other person who has an interest in the matter.

    (2) Notwithstanding clause (1)(b), the Minister may disclose identifying information to an adopted person under the age of majority without the consent of an adopting parent if the Minister is satisfied that special circumstances justify the disclosure of the information.

    14 (1) An adopted person and a birth parent may provide a contact preference to the Minister.

    (2) A contact preference must include

    (a) a description of the person's preferences regarding contact;

    (b) an explanation of the person's preferences regarding contact;

    (c) a summary of available information about the medical and social history of the person and the person's family; and

    (d) other relevant non-identifying information.

    (3) The Minister shall file a contact preference prepared in accordance with subsection (2).

    (4) A person who provides a contact preference may modify or cancel the contact preference on a form provided by the Minister.

    (5) A person who provides, modifies or cancels a contact preference shall provide proof of identity satisfactory to the Minister.

    15 (1) In the case of an adoption effected before June 1, 2019, the following persons may provide a disclosure approval to the Minister on a form provided by the Minister:

    (a) an adopted person who is over the age of majority; and

    (b) a birth parent.

    (2) Where a person does not provide a disclosure approval under subsection (1), the person may instead provide the following information:

    (a) an explanation for the person's preferences regarding disclosure;

    (b) a summary of any available information about the medical and social history of the person and the person's family; and

    (c) any other relevant non-identifying information.

    (3) A person who provides a disclosure approval may modify or cancel the disclosure approval on a form provided by the Minister.

    (4) A person who provides, modifies or cancels a disclosure approval shall provide proof of identity satisfactory to the Minister.

    16 (1) In the case of an adoption effected before June 1, 2019, an adopted person who is over the age of majority or a birth parent may apply to the Minister for the disclosure of identifying information about the other person.

    (2) A person who applies to the Minister for the disclosure of identifying information shall provide proof of identity satisfactory to the Minister.

    (3) The Minister may disclose identifying information about an adopted person if the adopted person

    (a) is over the age of majority; and

    (b) the application under subsection (1) is made on or after June 1, 2019, and the adopted person has provided a disclosure approval to the Minister.

    (4) The Minister may disclose identifying information about a birth parent if the application under subsection (1) is made on or after June 1, 2019, and the birth parent has provided a disclosure approval to the Minister.

    (5) Where a person has not provided a disclosure approval but has instead provided information under subsection 15(2), the Minister may disclose the provided information to a person who applies under subsection (1).

    (6) Where the Minister discloses identifying information to an applicant under this Section, the Minister shall also provide a copy of a contact preference, if any.

    (7) Where a copy of a contact preference is provided under subsection (6), the applicant shall sign an undertaking under Section 19.

    17 (1) In the case of an adoption effected after June 1, 2019, the following persons may provide a disclosure veto to the Minister on a form provided by the Minister:

    (a) an adopted person who is over the age of majority; and

    (b) a birth parent.

    (2) Where a person provides a disclosure veto under subsection (1), the person may include the following information:

    (a) an explanation for the person's preferences regarding disclosure;

    (b) a summary of any available information about the medical and social history of the person and the person's family; and

    (c) any other relevant non-identifying information.

    (3) A person who provides a disclosure veto may modify or cancel the disclosure veto on a form provided by the Minister.

    (4) A person who provides, modifies or cancels a disclosure veto shall provide proof of identity satisfactory to the Minister.

    18 (1) In the case of an adoption effected on or after June 1, 2019, an adopted person who is over the age of majority or a birth parent may apply to the Minister for the disclosure of identifying information about the other person.

    (2) A person who applies to the Minister for the disclosure of identifying information shall provide proof of identity satisfactory to the Minister.

    (3) The Minister shall disclose identifying information about an adopted person or a birth parent unless

    (a) there is a court order that prohibits contact between the adopted person and the birth parent;

    (b) there is a compelling reason in the public interest to refuse the application, as determined by the Minister; or

    (c) either party has filed a disclosure veto with the Minister.

    (4) The Minister shall only disclose identifying information about an adopted person if the adopted person is over the age of majority.

    (5) Where the Minister discloses identifying information to an applicant under this Section, the Minister shall also provide a copy of a contact preference, if any.

    (6) Where a copy of a contact preference is provided under subsection (5), the applicant shall sign an undertaking under Section 19.

    19 A person who is provided with a contact preference under Section 16 or 18 shall sign an undertaking stating that the person will not

    (a) knowingly contravene any term set out in the contact preference;

    (b) procure another person to contravene any term set out in the contact preference;

    (c) use the information obtained to intimidate or harass the person who provided the contact preference;

    (d) procure another person to intimidate or harass the person who provided the contact preference; or

    (e) publish any identifying information about the person who provided the contact preference.

    19A Where an application is made to the Minister under Section 16 or 18, the Minister may make contact with any person on a confidential basis to

    (a) attempt to obtain information relating to the application; or

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

    19B (1) An adopted person or a birth parent may apply to the Minister for a statement of original registration of birth referred to under the Vital Statistics Act and a copy of an order, judgment or decree kept on the special register under that Act.

    (2) The Minister may require that the Registrar of Vital Statistics issue a statement of original registration of birth and a copy of an order, judgment or decree to an applicant under subsection (1), if the applicant meets the requirements of Sections 13 and 16 or 17.

    19C (1) After the death of an adopted person or a birth parent, a child of the adopted person or birth parent may apply to the Minister for the disclosure of identifying information relating to an adoption.

    (2) The Minister may disclose identifying information under this Section and Sections 16, 18, 19B, 19D and 19E to the following persons:

    (a) where an adopted person is deceased, a child of the adopted person who is over the age of majority; and

    (b) where a birth parent is deceased, a child of the birth parent who is over the age of majority.

    19D (1) The Minister may enter into an agreement with an adoption authority in another jurisdiction respecting the sharing of information.

    (2) The Minister may disclose non-identifying and identifying information under an agreement under subsection (1) if it is necessary to

    (a) enable the Minister to determine if a disclosure approval, disclosure veto or contact preference has been filed in that jurisdiction; or

    (b) enable the adoption authority to determine if a contact preference, disclosure approval or disclosure veto has been filed under Section 14, 16 or 18.

    (3) An agreement under subsection (1) must provide reasonable safeguards to

    (a) protect the confidentiality and security of any confidential information that the Minister discloses; and

    (b) ensure that confidential information will be used only for the purpose for which it was disclosed.

    19E (1) Where an adopted person who is aboriginal or the person's adopting parent applies to the Minister, the Minister may disclose non-identifying and identifying information about the adopted person or the person's birth parents and any other information that the Minister considers relevant to the Registrar of Vital Statistics under the Indian Act (Canada) or to the appropriate federal or provincial official for the purpose of determining entitlement to registration as an Indian under that Act or to benefits as an aboriginal person.

    (2) The Minister may disclose information in accordance with this Section without consent and notwithstanding that no disclosure approval has been provided under Section 15 or that a disclosure veto has been provided under Section 17.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2019 Crown in right of Nova Scotia. Created March 15, 2019. Send comments to legc.office@novascotia.ca.