Acts and Regulations

F-2.2 - Family Services Act

Full text
Order for transfer of guardianship
Repealed: 2023, c.36, s.13
2019, c.17, s.18; 2023, c.36, s.13
56.1Repealed: 2023, c.36, s.13
2019, c.17, s.18; 2023, c.36, s.13
Order for transfer of guardianship
2019, c.17, s.18
56.1(1)Subject to subsection (2), the Minister may apply to the court for a transfer of guardianship order under which the Minister permanently transfers to another person the guardianship of a child, including the custody, care and control of the child and all parental rights and responsibilities with respect to the child.
56.1(2)The court shall not make a transfer of guardianship order without the written consent of
(a) the person who wishes to become the guardian of the child, in the form prescribed by regulation, and
(b) the child, if the child is 12 years of age or older or the court believes that the child is sufficiently mature.
56.1(3)Despite paragraph (2)(b), the court may make an order without the consent of the child, if the court is satisfied that it is in the best interests of the child to do so.
56.1(4)A transfer of guardianship order remains in force until the child
(a) is adopted,
(b) marries,
(c) reaches the age of majority, or
(d) is the subject of an order made under subsection 60(6).
56.1(5)The Minister may enter into an agreement with a guardian to provide financial or other assistance to the guardian if, in the opinion of the Minister, financial or other assistance is required to provide for the basic or exceptional needs of the child.
2019, c.17, s.18