Acts and Regulations

F-2.2 - Family Services Act

Full text
Termination of guardianship agreement
Repealed: 2023, c.36, s.13
2023, c.36, s.13
49Repealed: 2023, c.36, s.13
1990, c.25, s.10; 2016, c.37, s.66; 2019, c.17, s.14; 2023, c.36, s.13
Termination of guardianship agreement
49(1)Subject to subsection (2), the parent or the Minister may within thirty days after entering into a guardianship agreement terminate the agreement on reasonable notice.
49(2)Notwithstanding subsection (1), where a child has been placed for adoption, the guardianship agreement cannot be terminated after seven days following the entering into of the agreement unless the parent has advised the Minister in writing prior to that time of his intention to terminate the agreement and the agreement is terminated within the period stipulated in subsection (1).
49(2.1)Subject to an order made under section 60, on the expiry of thirty days after the guardianship agreement is entered into the agreement cannot be terminated and the transfer of rights and responsibilities to the Minister with respect to the guardianship of the child shall be deemed to be irrevocable.
49(3)Notwithstanding subsection (2.1), the Minister may, upon the request of the former parent, transfer to the former parent all or part of the rights and responsibilities transferred permanently to the Minister under a guardianship agreement.
49(4)A guardianship agreement terminates
(a) on the transfer of guardianship, marriage, death or adoption of the child; or
(b) when the child reaches the age of majority.
49(5)Where a child who has been in care under a guardianship agreement or order reaches the age of majority the Minister may, in accordance with the regulations, continue to provide care and support for the child.
1990, c.25, s.10; 2016, c.37, s.66; 2019, c.17, s.14
Termination of guardianship agreement
49(1)Subject to subsection (2), the parent or the Minister may within thirty days after entering into a guardianship agreement terminate the agreement on reasonable notice.
49(2)Notwithstanding subsection (1), where a child has been placed for adoption, the guardianship agreement cannot be terminated after seven days following the entering into of the agreement unless the parent has advised the Minister in writing prior to that time of his intention to terminate the agreement and the agreement is terminated within the period stipulated in subsection (1).
49(2.1)Subject to an order made under section 60, on the expiry of thirty days after the guardianship agreement is entered into the agreement cannot be terminated and the transfer of rights and responsibilities with respect to the guardianship of the child shall be deemed to be irrevocable.
49(3)Notwithstanding subsection (2.1), the Minister may, upon the request of the former parent, transfer to the former parent all or part of the rights and responsibilities transferred permanently to the Minister under a guardianship agreement.
49(4)A guardianship agreement terminates
(a) upon the marriage, death or adoption of the child; or
(b) when the child reaches the age of majority.
49(5)Where a child who has been in care under a guardianship agreement or order reaches the age of majority the Minister may, in accordance with the regulations, continue to provide care and support for the child.
1990, c.25, s.10; 2016, c.37, s.66
Termination of guardianship agreement
49(1)Subject to subsection (2), the parent or the Minister may within thirty days after entering into a guardianship agreement terminate the agreement on reasonable notice.
49(2)Notwithstanding subsection (1), where a child has been placed for adoption, the guardianship agreement cannot be terminated after seven days following the entering into of the agreement unless the parent has advised the Minister in writing prior to that time of his intention to terminate the agreement and the agreement is terminated within the period stipulated in subsection (1).
49(2.1)Subject to an order made under section 60, on the expiry of thirty days after the guardianship agreement is entered into the agreement cannot be terminated and the transfer of rights and responsibilities with respect to the guardianship of the child shall be deemed to be irrevocable.
49(3)Notwithstanding subsection (2.1), the Minister may, upon the request of the former parent, transfer to the former parent all or part of the rights and responsibilities transferred permanently to the Minister under a guardianship agreement.
49(4)A guardianship agreement terminates
(a) upon the marriage, death or adoption of the child; or
(b) when the child reaches the age of majority.
49(5)Where a child who has been in care under a guardianship agreement or order reaches the age of majority the Minister may, in accordance with the regulations, continue to provide care and support for the child.
1990, c.25, s.10