Acts and Regulations

F-2.2 - Family Services Act

Section 94.05
Disposition versions

Full text
Disclosure of identifying information
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.05Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Disclosure of identifying information
2017, c.14, s.2
94.05(1)A person may apply to the Minister for the disclosure of identifying information relating to an adoption.
94.05(2)The Minister may disclose identifying information to the following persons:
(a) an adopted person who is at least 19 years of age;
(b) an adopted person who is under 19 years of age with the consent of an adopting parent;
(c) an adopting parent;
(d) a birth parent; or
(e) any other person who has, in the opinion of the Minister, an interest in the matter and a reason acceptable to the Minister.
94.05(3)Despite paragraph (2)(b), the Minister may disclose identifying information to an adopted person who is under 19 years of age without the consent of an adopting parent if the Minister is satisfied that special circumstances justify the disclosure of the information.
94.05(4)Despite any other provision in this Part, the Minister may disclose identifying information to the persons referred to in subsections (2) and (3) in the following circumstances:
(a) it is necessary to avoid a situation in which a person, having obtained identifying information from another source, contacts a birth parent or an adopted person without the prior preparation of the person contacted;
(b) it is necessary to settle an estate;
(c) it is necessary for the preparation of a medical or psychological history for purposes of treatment;
(d) the Minister is satisfied that special circumstances justify the disclosure of the information; or
(e) the Minister is satisfied that all persons who will be directly affected by the disclosure of information have consented to its disclosure and that there is no compelling reason in the public interest to refuse the application.
94.05(5)Subject to paragraphs (4)(a) to (d) and despite paragraph (4)(e), subsections 94.07(3) and (4) and subsections 94.08(4) and (5), the Minister shall not disclose identifying information about an adopted person or a birth parent if the Minister or the birth parent placed more than one child of the birth parent for adoption with the same adopting parents and one or more of the children are under 19 years of age.
94.05(6)If the Minister discloses identifying information to an applicant under this section, the Minister shall also provide a copy of a contact preference, if any.
94.05(7)If a copy of a contact preference is provided under subsection (6), the applicant shall sign an undertaking under subsection 94.2(6).
2017, c.14, s.2