BILL NO. 17

1st Session, 58th General Assembly
Nova Scotia
48 Elizabeth II, 1999

Government Bill

Adoption Information Act (amended)

The Honourable Peter G. Christie
Minister of Community Services

First Reading: November 5, 1999

(Explanatory Note)

Second Reading:

Third Reading:

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 3 of the Acts of 1996, the Adoption Information Act, is amended by

(a) adding "or the context otherwise requires" immediately after "provided" in the fourth line of clause (a);

(b) adding ", unless the context otherwise requires" after "majority" in the third line of clause (k); and

(c) adding ", unless the context otherwise requires," immediately after "majority" in the second line of clause (v).

2 (1) Subsection 19(1) of Chapter 3 is amended by adding "or upon the request of a person who has received a record referred to in Section 19A or 19B" immediately after "16" in the second line.

(2) Subsection 19(2) of Chapter 3 is repealed and the following subsection substituted:

(2) Notwithstanding subsection (1), the Director shall not conduct a discreet inquiry in respect of persons for whom a disclosure veto or a no-contact declaration has been filed pursuant to Section 19C, 19D or 19E.

3 Chapter 3 is amended by adding immediately after Section 19 the following heading and Sections:

ACCESS TO BIRTH REGISTRATIONS

AND ADOPTION ORDERS

19A An adopted person may apply to the Registrar of Vital Statistics for a copy of the adopted person's

(a) original birth registration;

(b) adoption order,

and upon compliance by the adopted person with Section 19F, the Registrar of Vital Statistics shall give to the adopted person a copy of the requested records unless

(c) a disclosure veto has been filed pursuant to Section 19C; or

(d) a no-contact declaration has been filed pursuant to Section 19D and the person applying for a copy of the records has not signed the undertaking referred to in that Section.

19B (1) A birth parent named on the original birth registration of an adopted person may apply to the Registrar of Vital Statistics for a copy of the adopted person's

(a) original birth registration, with a notation of the adoption and any change of name consequent to the adoption;

(b) birth registration that was substituted for the adopted person's original birth registration;

(c) adoption order,

and, upon compliance by the birth parent with Section 19F, the Registrar of Vital Statistics shall give to the birth parent a copy of the requested records, unless

(d) a disclosure veto has been filed pursuant to Section 19C; or

(e) a no-contact declaration has been filed pursuant to Section 19D and the person applying for a copy of the records has not signed the undertaking referred to in that Section.

(2) Before giving the birth parent a copy of the requested records, the Registrar of Vital Statistics shall delete the adoptive parents' identifying information.

19C (1) The following persons may apply to the Registrar of Vital Statistics to file a written veto prohibiting the disclosure of records referred to in Section 19A or 19B, with respect to information pertaining to the person applying:

(a) an adopted person who is eighteen years of age or older;

(b) a birth parent named on the original birth registration of an adopted person whose adoption order was granted on or before the coming into force of this Act,

and the Registrar of Vital Statistics shall file the disclosure veto upon compliance with Section 19F by the person applying.

(2) A person who files a disclosure veto may file with it a written statement that includes

(a) the reasons for wishing not to disclose any identifying information;

(b) a brief summary of any available information about the medical and social history of the person and the person's family;

(c) any other relevant non-identifying information.

(3) Where a person applying for a copy of a record is informed that a disclosure veto has been filed, the Registrar of Vital Statistics shall give to the person the non-identifying information in any written statement filed with the disclosure veto.

(4) A person whose disclosure veto is filed may cancel the veto at any time by notifying the Registrar of Vital Statistics in writing.

(5) Unless a disclosure veto is cancelled pursuant to subsection (4), a disclosure veto continues in effect until two years after the death of the person by whom the disclosure veto has been filed.

(6) Where the death referred to in subsection (5) occurred

(a) in the Province, registration of the death in the Province; or

(b) outside the Province, proof of the death outside the Province that is satisfactory to the Registrar of Vital Statistics,

constitutes proof of death for the purpose of subsection (5).

(7) While a disclosure veto is in effect, the Registrar of Vital Statistics shall not disclose any information that is in a record applied for pursuant to Section 19A or 19B and that relates to the person by whom a disclosure veto has been filed.

(8) A written instruction given pursuant to regulations made pursuant to clause 99(ad) of Chapter 5 of the Acts of 1990, the Children and Family Services Act, to an agency or the Director by a birth parent indicating refusal to have communication with a child the birth parent had given up for adoption is not a disclosure veto for the purpose of this Act.

19D (1) A birth parent who

(a) is named in an original birth registration of an adopted person; and

(b) wishes not to be contacted by the person named as the child in the registration,

may apply to the Registrar of Vital Statistics to file a written no-contact declaration.

(2) An adopted person who is eighteen years of age or older who wishes not to be contacted by a birth parent named on a birth registration may apply to the Registrar of Vital Statistics to file a written no-contact declaration.

(3) A person who applies to file a no-contact declaration may submit with it a written statement that includes

(a) the reasons for wishing not to be contacted;

(b) a brief summary of any available information about the medical and social history of the person and the person's family;

(c) any other relevant non-identifying information.

(4) Where a person who applies to file a declaration pursuant to subsection (1) or (2) complies with Section 19F, the Registrar of Vital Statistics shall file the no-contact declaration.

(5) The Registrar of Vital Statistics shall not give a copy of a record referred to in Section 19A or 19B naming the person by whom a no-contact declaration has been filed unless the person requesting the record has signed an undertaking in the form prescribed by the Registrar of Vital Statistics.

(6) A person who is prohibited from making contact pursuant to a no-contact declaration and has signed an undertaking pursuant to subsection (5) shall not

(a) knowingly contact, or attempt to contact by any means or through any person, the person by whom the declaration has been filed;

(b) procure another person to contact by any means or through any person, the person by whom the declaration has been filed;

(c) use information obtained pursuant to this Act to intimidate or harass the person or a relative, of any age, of the person by whom the declaration has been filed; or

(d) procure another person to intimidate or harass the person by whom the declaration has been filed, by the use of information obtained pursuant to this Act.

(7) Where a person who is prohibited from making contact pursuant to a no-contact declaration is given a copy of a record referred to in Section 19A or 19B, the Registrar of Vital Statistics shall give to the person the information in any written statement filed with the declaration.

(8) A person who has a no-contact declaration filed may cancel the declaration at any time by notifying the Registrar of Vital Statistics in writing.

(9) A written instruction given pursuant to regulations made pursuant to clause 99(ad) of Chapter 5 of the Acts of 1990, the Children and Family Services Act, to an agency or the Director by a birth parent indicating refusal to have communication with a child the birth parent had given up for adoption is not a no-contact declaration for the purpose of this Act.

19E (1) An adoptive parent of birth siblings may, where at least one of the birth siblings is under the age of nineteen years, apply to the Registrar of Vital Statistics to file

(a) a disclosure veto;

(b) a no-contact declaration,

in respect of the birth siblings and the Registrar of Vital Statistics shall file the veto or declaration or both upon compliance with Section 19F by the adoptive parent.

(2) The Registrar of Vital Statistics shall not give a copy of a record referred to in Section 19A or 19B naming the birth sibling about whom a no-contact declaration has been filed unless the person requesting the record has signed an undertaking in the form prescribed by the Registrar of Vital Statistics.

(3) A person who is prohibited from making contact pursuant to a no-contact declaration and has signed an undertaking pursuant to subsection (2) shall not

(a) knowingly contact, or attempt to contact by any means or through any person, the person by whom the declaration has been filed;

(b) procure another person to contact by any means or through any person, the person by whom the declaration has been filed;

(c) use information obtained pursuant to this Act to intimidate or harass the person or a relative, of any age, of the person by whom the declaration has been filed; or

(d) procure another person to intimidate or harass the person by whom the declaration has been filed, by the use of information obtained pursuant to this Act.

(4) A veto or declaration filed pursuant to subsection (1) remains in force until the younger or youngest of the birth siblings reaches the age of nineteen years.

(5) A person who has a no-contact declaration filed may cancel the declaration at any time by notifying the Registrar of Vital Statistics in writing.

(6) Notwithstanding Section 19A or 19B, where an adoptive parent has filed a disclosure veto pursuant to subsection (1), the Registrar of Vital Statistics shall not release any record referred to in Section 19A or 19B for any of the birth siblings until the younger or youngest reaches the age of nineteen years.

19F A person who applies to the Registrar of Vital Statistics pursuant to Section 19A, 19B, 19C, 19D or 19E shall supply any proof of identity and pay any fees required by the Registrar of Vital Statistics.

19G (1) The Registrar of Vital Statistics may prescribe forms for the purpose of Sections 19A, 19B, 19C, 19D and 19E.

(2) Notwithstanding the Vital Statistics Act, the Registrar of Vital Statistics may access any record and issue any document in order to comply with this Act and the regulations.

4 Subsection 20(2) of Chapter 3 is amended by striking out "Subject" in the first line and substituting "Notwithstanding the filing of a disclosure veto or a no-contact declaration pursuant to Section 19C, 19D or 19E and subject".

5 Section 22 of Chapter 3 is amended by adding immediately after subsection (3) the following subsection:

(4) Notwithstanding the filing of a disclosure veto or a no-contact declaration pursuant to Section 19C, 19D or 19E, the Director may disclose information pursuant to this Section.

6 (1) Subsection 23(1) of Chapter 3 is amended by adding "and, for greater certainty, notwithstanding the filing of a disclosure veto or a no-contact declaration pursuant to Section 19C, 19D or 19E" immediately after "Act" in the first line.

(2) Subsection 23(2) of Chapter 3 is amended by adding "and, for greater certainty, notwithstanding the filing of a disclosure veto or a no-contact declaration pursuant to Section 19C, 19D or 19E" immediately after "Act" in the first line.

(3) Subsection 23(3) of Chapter 3 is amended by adding "and, for greater certainty, notwithstanding the filing of a disclosure veto or a no-contact declaration pursuant to Section 19C or 19D" immediately after "Act" in the second line.

7 Section 33 of Chapter 3 is amended by

(a) adding immediately after subsection (2) the following subsections:

(2A) Every person who contravenes subsection 19D(6) or 19E(3) is guilty of an offence and is liable upon summary conviction to a fine not exceeding ten thousand dollars or, in default thereof, to a term of imprisonment not exceeding six months.

(2B) Every person who makes a false or misleading statement in respect of an application made pursuant to this Act is guilty of an offence and is liable upon summary conviction to a fine not exceeding ten thousand dollars or, in default thereof, to a term of imprisonment not exceeding six months.

and

(b) striking out "(1) or (2)" in the third line of subsection (5) and substituting "(1), (2), (2A) or (2B)".

8 (1) This Act, except Sections 19A and 19B, comes into force on April 1, 2000, or such earlier day as the Governor in Council orders and declares by proclamation.

(2) Sections 19A and 19B come into force one year after the remainder of this Act comes into force.