Acts and Regulations

F-2.2 - Family Services Act

Full text
Procedure on adoption application
Repealed: 2023, c.36, s.13
2023, c.36, s.13
79Repealed: 2023, c.36, s.13
1985, c.4, s.24; 1997, c.2, s.13; 2007, c.20, s.16; 2008, c.45, s.6; 2016, c.37, s.66; 2023, c.36, s.13
Procedure on adoption application
79(1)Subject to subsections (2), (3) and (4), the court shall set the time and place for the hearing, which shall be within five days after the application was filed with the court.
79(2)Subject to subsection 81(2), where there is an application for a waiver of a consent required by section 76, and the court directs that a notice be given to a person whose consent is required, the court shall delay the hearing in order to permit the person who was given notice of the hearing to appear.
79(3)Except as provided in subsection (5), where a person other than the Minister applies for an adoption order, no application shall be heard by the court until the applicant proves to its satisfaction that notice has been served upon the Minister, at least thirty days before the hearing, of his intention to apply for an adoption order.
79(4)Not later than ten days before the time set for the hearing, the applicant shall give the Minister notice of the time and place set for the hearing.
79(5)When the Minister consents in writing to the hearing of the application without the notice required by subsections (3) and (4), the court may hear the application forthwith.
79(6)Subsections (3), (4) and (5) do not apply with respect to the adoption by a person of the child of his or her spouse or common-law partner.
79(7)Any notice under this section shall be in the prescribed form.
79(8)Notwithstanding the Rules of Court made under the Judicature Act, 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 Part, and where substituted service of any notice is to be effected by public advertisement, shall direct that the names of the child and of the adopting parent be omitted from such notice.
1985, c.4, s.24; 1997, c.2, s.13; 2007, c.20, s.16; 2008, c.45, s.6; 2016, c.37, s.66
Procedure on adoption application
79(1)Subject to subsections (2), (3) and (4), the court shall set the time and place for the hearing, which shall be within five days after the application was filed with the court.
79(2)Subject to subsection 81(2), where there is an application for a waiver of a consent required by section 76, and the court directs that a notice be given to a person whose consent is required, the court shall delay the hearing in order to permit the person who was given notice of the hearing to appear.
79(3)Except as provided in subsection (5), where a person other than the Minister applies for an adoption order, no application shall be heard by the court until the applicant proves to its satisfaction that notice has been served upon the Minister, at least thirty days before the hearing, of his intention to apply for an adoption order.
79(4)Not later than ten days before the time set for the hearing, the applicant shall give the Minister notice of the time and place set for the hearing.
79(5)When the Minister consents in writing to the hearing of the application without the notice required by subsections (3) and (4), the court may hear the application forthwith.
79(6)Subsections (3), (4) and (5) do not apply with respect to the adoption by a person of the child of his or her spouse or common-law partner.
79(7)Any notice under this section shall be in the prescribed form.
79(8)Notwithstanding the Rules of Court made under the Judicature Act, 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 Part, and where substituted service of any notice is to be effected by public advertisement, shall direct that the names of the child and of the adopting parent be omitted from such notice.
1985, c.4, s.24; 1997, c.2, s.13; 2007, c.20, s.16; 2008, c.45, s.6
Procedure on adoption application
79(1)Subject to subsections (2), (3) and (4), the court shall set the time and place for the hearing, which shall be within five days after the application was filed with the court.
79(2)Subject to subsection 81(2), where there is an application for a waiver of a consent required by section 76, and the court directs that a notice be given to a person whose consent is required, the court shall delay the hearing in order to permit the person who was given notice of the hearing to appear.
79(3)Except as provided in subsection (5), where a person other than the Minister applies for an adoption order, no application shall be heard by the court until the applicant proves to its satisfaction that notice has been served upon the Minister, at least thirty days before the hearing, of his intention to apply for an adoption order.
79(4)Not later than ten days before the time set for the hearing, the applicant shall give the Minister notice of the time and place set for the hearing.
79(5)When the Minister consents in writing to the hearing of the application without the notice required by subsections (3) and (4), the court may hear the application forthwith.
79(6)Subsections (3), (4) and (5) do not apply with respect to the adoption by a person of the child of his spouse or common-law partner.
79(7)Any notice under this section shall be in the prescribed form.
79(8)Notwithstanding the Rules of Court made under the Judicature Act, 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 Part, and where substituted service of any notice is to be effected by public advertisement, shall direct that the names of the child and of the adopting parent be omitted from such notice.
1985, c.4, s.24; 1997, c.2, s.13; 2007, c.20, s.16
Procedure on adoption application
79(1)Subject to subsections (2), (3) and (4), the court shall set the time and place for the hearing, which shall be within five days after the application was filed with the court.
79(2)Subject to subsection 81(2), where there is an application for a waiver of a consent required by section 76, and the court directs that a notice be given to a person whose consent is required, the court shall delay the hearing in order to permit the person who was given notice of the hearing to appear.
79(3)Except as provided in subsection (5), where a person other than the Minister applies for an adoption order, no application shall be heard by the court until the applicant proves to its satisfaction that notice has been served upon the Minister, at least thirty days before the hearing, of his intention to apply for an adoption order.
79(4)Not later than ten days before the time set for the hearing, the applicant shall give the Minister notice of the time and place set for the hearing.
79(5)When the Minister consents in writing to the hearing of the application without the notice required by subsections (3) and (4), the court may hear the application forthwith.
79(6)Subsections (3), (4) and (5) do not apply with respect to the adoption by a person of the child of his spouse.
79(7)Any notice under this section shall be in the prescribed form.
79(8)Notwithstanding the Rules of Court made under the Judicature Act, 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 Part, and where substituted service of any notice is to be effected by public advertisement, shall direct that the names of the child and of the adopting parent be omitted from such notice.
1985, c.4, s.24; 1997, c.2, s.13