Acts and Regulations

F-2.2 - Family Services Act

Section 92
Disposition versions

Full text
Repealed
92Repealed: 2017, c.14, s.2
1982, c.13, s.2; 1994, c.8, s.11; 2016, c.37, s.66; 2017, c.14, s.2
Request for information
92(1)Subject to subsection (5), where a request respecting the release of nonidentifying information relating to an adoption is made by an adopting parent, an adopted person, a natural parent or any other person who, in the opinion of the Minister, has an interest in the matter and a reason acceptable to the Minister, the Minister may comply with the request.
92(2)Notwithstanding section 11, where a request for identifying information relating to the adoption of a person is received from
(a) subject to subsection (5), an adopted person;
(b) a person who consented to the adoption;
(c) a person whose consent to the adoption was waived;
(d) the adopting parent; or
(e) any other person who, in the opinion of the Minister, has an interest in the matter and a reason acceptable to the Minister;
the Minister may release identifying information under the following circumstances, namely
(f) where an adult has voluntarily registered his name on a register that shall be kept by the Minister to record the names of adults who wish to contact their natural parents, children or siblings, and the person sought to be contacted has also voluntarily registered his name on the register;
(g) where it is necessary to avoid a situation in which a person, having obtained identifying information from another source, contacts a natural parent or child without the prior preparation of the person contacted;
(g.1) where it is necessary to settle the estate of a deceased;
(h) when the information is necessary for the preparation of a medical or psychosocial history for purposes of treatment; or
(i) where the Minister is satisfied that all persons who will be directly affected by the release of information have consented to its release, and that there is no compelling reason in the public interest to refuse the request.
92(3)Where an application is made to the Minister under subsection (2), the Minister may
(a) search the files to ascertain the identity of any person named or referred to in the request; and
(b) make contact with any person on a confidential basis to
(i) obtain that person’s consent to the release of identifying information,
(ii) attempt to obtain information specified in the application, or
(iii) arrange contact between the applicant and the person contacted.
92(4)Where the person named or referred to in a request under subsection (2) is dead, the Minister may give identifying information concerning that person to the person requesting if the Minister is satisfied that the circumstances surrounding the request warrant the release and that the information would have been released under subsection (2) had the person been alive and consented to its release.
92(5)Where a request has been filed by an adopted person who is under the age of majority, the Minister shall not provide that person with
(a) nonidentifying information without the consent of the adopting parent, or
(b) identifying information without the consent of the adopting parent and the natural parent,
unless he is satisfied that special circumstances warrant the release of information notwithstanding the absence of that consent.
92(6)Repealed: 1994, c.8, s.11
1982, c.13, s.2; 1994, c.8, s.11; 2016, c.37, s.66
Request for information
92(1)Subject to subsection (5), where a request respecting the release of nonidentifying information relating to an adoption is made by an adopting parent, an adopted person, a natural parent or any other person who, in the opinion of the Minister, has an interest in the matter and a reason acceptable to the Minister, the Minister may comply with the request.
92(2)Notwithstanding section 11, where a request for identifying information relating to the adoption of a person is received from
(a) subject to subsection (5), an adopted person;
(b) a person who consented to the adoption;
(c) a person whose consent to the adoption was waived;
(d) the adopting parent; or
(e) any other person who, in the opinion of the Minister, has an interest in the matter and a reason acceptable to the Minister;
the Minister may release identifying information under the following circumstances, namely
(f) where an adult has voluntarily registered his name on a register that shall be kept by the Minister to record the names of adults who wish to contact their natural parents, children or siblings, and the person sought to be contacted has also voluntarily registered his name on the register;
(g) where it is necessary to avoid a situation in which a person, having obtained identifying information from another source, contacts a natural parent or child without the prior preparation of the person contacted;
(g.1) where it is necessary to settle the estate of a deceased;
(h) when the information is necessary for the preparation of a medical or psychosocial history for purposes of treatment; or
(i) where the Minister is satisfied that all persons who will be directly affected by the release of information have consented to its release, and that there is no compelling reason in the public interest to refuse the request.
92(3)Where an application is made to the Minister under subsection (2), the Minister may
(a) search the files to ascertain the identity of any person named or referred to in the request; and
(b) make contact with any person on a confidential basis to
(i) obtain that person’s consent to the release of identifying information,
(ii) attempt to obtain information specified in the application, or
(iii) arrange contact between the applicant and the person contacted.
92(4)Where the person named or referred to in a request under subsection (2) is dead, the Minister may give identifying information concerning that person to the person requesting if the Minister is satisfied that the circumstances surrounding the request warrant the release and that the information would have been released under subsection (2) had the person been alive and consented to its release.
92(5)Where a request has been filed by an adopted person who is under the age of majority, the Minister shall not provide that person with
(a) nonidentifying information without the consent of the adopting parent, or
(b) identifying information without the consent of the adopting parent and the natural parent,
unless he is satisfied that special circumstances warrant the release of information notwithstanding the absence of that consent.
92(6)Repealed: 1994, c.8, s.11
1982, c.13, s.2; 1994, c.8, s.11