2016
An Act to amend the Children’s Law Reform Act, the Vital Statistics Act and various other Acts respecting parentage and related registrations
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Children’s Law Reform Act
- (1) Parts I and II of the Children’s Law Reform Act are repealed and the following substituted:
Part I Parentage
Interpretation and Application
Definitions and interpretation, Part I
Definitions
- (1) In this Part,
“assisted reproduction” means a method of conceiving other than by sexual intercourse; (“procréation assistée”)
“birth” means birth as defined in the Vital Statistics Act and includes a still-birth as defined in that Act; (“naissance”)
“birth parent” means, in relation to a child, the person who gives birth to the child; (“parent de naissance”)
“court” means the Family Court or the Superior Court of Justice; (“tribunal”)
“embryo” means embryo as defined in the Assisted Human Reproduction Act (Canada); (“embryon”)
“insemination by a sperm donor” means an attempt to conceive a child without the use of assisted reproduction in the circumstances described in subsection 7 (4); (“insémination par un donneur de sperme”)
“reproductive material” means all or any part of a sperm, ovum or other human cell or a human gene; (“matériel reproductif”)
“spouse” means the person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage; (“conjoint”)
“surrogate” means a person who agrees to carry a child conceived through assisted reproduction if, at the time of conception, the person intends to relinquish entitlement to parentage of the child, once born, to one or more persons. (“substitut”)
If marriage is void
(2) For the purposes of the definition of “spouse” in subsection (1), two persons who, in good faith, go through a form of marriage with each other that is void but who live in a conjugal relationship are deemed to be married during the time they live in a conjugal relationship, and the marriage is deemed to be terminated when they cease to do so.
Interpretation, conception through assisted reproduction
(3) For the purposes of this Part, a child conceived through assisted reproduction is deemed to have been conceived on the day the reproductive material or embryo used in the assisted reproduction is implanted in the birth parent.
Rules of construction
Relationship by blood or marriage
- (1) For the purposes of construing any Act, regulation or, subject to subsection (3), instrument, unless a contrary intention appears, a reference to a person or group or class of persons described in terms of relationship by blood or marriage to another person,
(a) includes a person who comes within that description by reason of the relationship of parent and child set out in this Part; and
(b) in respect of a child conceived through assisted reproduction or through insemination by a sperm donor, does not include,
(i) a person who provided reproductive material or an embryo for use in the conception if that person is not a parent of the child, or
(ii) a person related to a person referred to in subclause (i).
Application to Acts, statutory instruments
(2) Subsection (1) applies to an Act, regulation or other instrument made under an Act, regardless of when it was enacted or made.
Application to other instruments
(3) In the case of an instrument that is not made under an Act,
(a) subsection (1) applies to the instrument if it was made on or after the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force;
(b) subsection (1) as it read immediately before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force continues to apply to an instrument made before that day, if it was made on or after March 31, 1978.
References assuming two parents
(4) If, under this Part, a child has more than two parents, a reference in any Act or regulation to the parents of the child that is not intended to exclude a parent shall, unless a contrary intention appears, be read as a reference to all of the child’s parents, even if the terminology used assumes that a child would have no more than two parents.
References to “le père ou la mère”, “le père et la mère”, etc.
(5) For the purposes of construing the French version of any Act or regulation, unless a contrary intention appears, the terms “père” and “mère” used together, conjunctively or disjunctively, in relation to a child, shall be construed as referring to a parent or parents of the child as set out in this Part.
Application
- This Part governs the determination of parentage for all purposes of the law of Ontario.
Rules of Parentage
Person is child of parents
- (1) A person is the child of his or her parents.
Determining parent of a child
(2) A parent of a child is,
(a) a person determined to be a parent of the child under sections 6 to 13, except in the case of an adopted child;
(b) in the case of an adopted child, a parent of the child as provided for under the Child and Family Services Act.
Kindred relationships
(3) The relationship of parent and child set out in subsections (1) and (2) shall be followed in determining the kindred relationships that flow from it.
No distinction whether child born inside, outside marriage
(4) There is no distinction between the status of a child born inside marriage and a child born outside marriage.
For all purposes of Ontario law
(5) For greater certainty, this section applies for all purposes of the law of Ontario.
Provision of reproductive material, embryo not determinative
- (1) A person who provides reproductive material or an embryo for use in assisted reproduction,
(a) is not, by reason only of the provision, a parent of the child; and
(b) shall not, by reason only of the provision, be recognized in law to be a parent of the child.
Exception
(2) Subsection (1) does not apply if the provision of the reproductive material or embryo by the person is for his or her own reproductive use.
Birth parent
- (1) The birth parent of a child is, and shall be recognized in law to be, a parent of the child.
Exception, surrogacy
(2) Subsection (1) is subject to the relinquishment of an entitlement to parentage by a surrogate under section 10, or to a declaration by a court to that effect under section 10 or 11.
Other parent, where no assisted reproduction
- (1) The biological father of a child conceived without the use of assisted reproduction is, and shall be recognized in law to be, a parent of the child.
Presumed biological father
(2) Unless the contrary is proven on a balance of probabilities, there is a presumption that a person is, and shall be recognized in law to be, the biological father of a child conceived without the use of assisted reproduction in any of the following circumstances:
- The person was the birth parent’s spouse at the time of the child’s birth.
- The person was married to the child’s birth parent by a marriage that was terminated by death or judgment of nullity within 300 days before the child’s birth or by divorce where the judgment of divorce was granted within 300 days before the child’s birth.
- The person was living in a conjugal relationship with the child’s birth parent before the child’s birth and the child is born within 300 days after they cease to live in a conjugal relationship.
- The person has certified the child’s birth, as a parent of the child, under the Vital Statistics Act or a similar Act in another jurisdiction in Canada.
- The person has been found or recognized by a court of competent jurisdiction outside Ontario to be the father of the child.
Conflicting presumptions
(3) If circumstances exist that give rise to a presumption by more than one person under subsection (2), no presumption shall be made under that subsection.
Non-application, insemination by a sperm donor
(4) This section is deemed not to apply to a person who provides his own sperm for use in conceiving a child without the use of assisted reproduction if, before the child is conceived, the person and the intended birth parent agree in writing that the person providing the sperm does not intend to be a parent of any child conceived as a result.
Same, sperm donor not a parent
(5) A person to whom subsection (4) applies is not, and shall not be recognized in law to be, a parent of a child conceived in the circumstances set out in that subsection.
Presumed other parent, birth parent’s spouse
Assisted reproduction
- (1) If the birth parent of a child conceived through assisted reproduction had a spouse at the time of the child’s conception, there is a presumption that the spouse is, and shall be recognized in law to be, a parent of the child.
Insemination by a sperm donor
(2) If the birth parent of a child conceived through insemination by a sperm donor had a spouse at the time of the child’s conception, there is a presumption that the spouse is, and shall be recognized in law to be, a parent of the child.
Rebuttal of presumption
(3) The spouse of a birth parent shall not be presumed to be a parent under subsection (1) or (2) if it is proven on the balance of probabilities that, before the child’s conception,
(a) the spouse did not consent to be a parent of the child; or
(b) the spouse consented to be a parent of the child but withdrew the consent.
Non-application
(4) This section does not apply if the birth parent is a surrogate or if the child is conceived after the death of a person declared under section 12 to be his or her parent.
Parents under pre-conception parentage agreements
Definition
- (1) In this section,
“pre-conception parentage agreement” means a written agreement between two or more parties in which they agree to be, together, the parents of a child yet to be conceived.
Application
(2) This section applies with respect to a pre-conception parentage agreement only if,
(a) there are no more than four parties to the agreement;
(b) the intended birth parent is not a surrogate, and is a party to the agreement;
(c) if the child is to be conceived without the use of assisted reproduction, the person who intends to be the biological father of the child is a party to the agreement; and
(d) if the child is to be conceived through assisted reproduction or through insemination by a sperm donor, the spouse, if any, of the person who intends to be the birth parent is a party to the agreement, subject to subsection (3).
If spouse intends to not be a parent
(3) Clause (2) (d) does not apply if, before the child is conceived, the birth parent’s spouse provides written confirmation that he or she does not consent to be a parent of the child and does not withdraw the confirmation.
Recognition of parentage
(4) On the birth of a child contemplated by a pre-conception parentage agreement, together with every party to a pre-conception parentage agreement who is a parent of the child under section 6 (birth parent), 7 (biological father) or 8 (birth parent’s spouse), the other parties to the agreement are, and shall be recognized in law to be, parents of the child.
Surrogacy, up to four intended parents
Definitions
- (1) In this section and in section 11,
“intended parent” means a party to a surrogacy agreement, other than the surrogate; (“parent d’intention”)
“surrogacy agreement” means a written agreement between a surrogate and one or more persons respecting a child to be carried by the surrogate, in which,
(a) the surrogate agrees to not be a parent of the child, and
(b) each of the other parties to the agreement agrees to be a parent of the child. (“convention de gestation pour autrui”)
Application
(2) This section applies only if the following conditions are met:
- The surrogate and one or more persons enter into a surrogacy agreement before the child to be carried by the surrogate is conceived.
- The surrogate and the intended parent or parents each received independent legal advice before entering into the agreement.
- Of the parties to the agreement, there are no more than four intended parents.
- The child is conceived through assisted reproduction.
Recognition of parentage
(3) Subject to subsection (4), on the surrogate providing to the intended parent or parents consent in writing relinquishing the surrogate’s entitlement to parentage of the child,
(a) the child becomes the child of each intended parent and each intended parent becomes, and shall be recognized in law to be, a parent of the child; and
(b) the child ceases to be the child of the surrogate and the surrogate ceases to be a parent of the child.
Limitation
(4) The consent referred to in subsection (3) must not be provided before the child is seven days old.
Parental rights and responsibilities
(5) Unless the surrogacy agreement provides otherwise, the surrogate and the intended parent or parents share the rights and responsibilities of a parent in respect of the child from the time of the child’s birth until the child is seven days old, but any provision of the surrogacy agreement respecting parental rights and responsibilities after that period is of no effect.
Failure to give consent
(6) Any party to a surrogacy agreement may apply to the court for a declaration of parentage with respect to the child if the consent referred to in subsection (3) is not provided by the surrogate because,
(a) the surrogate is deceased or otherwise incapable of providing the consent;
(b) the surrogate cannot be located after reasonable efforts have been made to do so; or
(c) the surrogate refuses to provide the consent.
Declaration
(7) If an application is made under subsection (6), the court may,
(a) grant the declaration that is sought; or
(b) make any other declaration respecting the parentage of a child born to the surrogate as the court sees fit.
Child’s best interests
(8) The paramount consideration by the court in making a declaration under subsection (7) shall be the best interests of the child.
Effect of surrogacy agreement
(9) A surrogacy agreement is unenforceable in law, but may be used as evidence of,
(a) an intended parent’s intention to be a parent of a child contemplated by the agreement; and
(b) a surrogate’s intention to not be a parent of a child contemplated by the agreement.
Surrogacy, more than four intended parents
- (1) If the conditions set out in subsection 10 (2) are met other than the condition set out in paragraph 3 of that subsection, any party to the surrogacy agreement may apply to the court for a declaration of parentage respecting a child contemplated by the agreement.
Time limit
(2) An application under subsection (1) may not be made,
(a) until the child is born; and
(b) unless the court orders otherwise, after the first anniversary of the child’s birth.
Parental rights and responsibilities
(3) Unless the surrogacy agreement provides otherwise, the surrogate and the intended parents share the rights and responsibilities of a parent in respect of the child from the time of the child’s birth until the court makes a declaration of parentage respecting the child.
Declaration
(4) If an application is made under subsection (1), the court may make any declaration that the court may make under section 10 and, for the purpose, subsections 10 (8) and (9) apply with necessary modifications.
Post-birth consent of surrogate
(5) A declaration naming one or more intended parents as a parent of the child and determining that the surrogate is not a parent of the child shall not be made under subsection (4) unless, after the child’s birth, the surrogate provides to the intended parents consent in writing relinquishing the surrogate’s entitlement to parentage of the child.
Waiver
(6) Despite subsection (5), the court may waive the consent if any of the circumstances set out in subsection 10 (6) apply.
Posthumous conception
- (1) A person who, at the time of a deceased person’s death, was his or her spouse, may apply to the court for a declaration that the deceased person is a parent of a child conceived after his or her death through assisted reproduction.
Time limit
(2) An application under subsection (1) may not be made,
(a) until the child is born; and
(b) unless the court orders otherwise, later than 90 days after the child’s birth.
Declaration
(3) The court may grant the declaration if the following conditions are met:
- The deceased person consented in writing to be, together with the applicant, the parents of a child conceived posthumously through assisted reproduction, and did not withdraw the consent before his or her death.
- If the child was born to a surrogate, the applicant is a parent of the child under section 10, and there is no other parent of the child.
Declaration of parentage, general
- (1) At any time after a child is born, any person having an interest may apply to the court for a declaration that a person is or is not a parent of the child.
Exception, adopted child
(2) Subsection (1) does not apply if the child is adopted.
Declaration
(3) If the court finds on the balance of probabilities that a person is or is not a parent of a child, the court may make a declaration to that effect.
Presumptions to be given effect
(4) In making a declaration under subsection (3), the court shall give effect to any applicable presumption that arises under this Part.
Restriction
(5) Despite subsection (3), the court shall not make any of the following declarations of parentage respecting a child under that subsection unless the conditions set out in subsection (6) are met:
- A declaration of parentage that results in the child having more than two parents.
- A declaration of parentage that results in the child having as a parent one other person, in addition to his or her birth parent, if that person is not a parent of the child under section 7, 8 or 9.
Conditions
(6) The following conditions apply for the purposes of subsection (5):
- The application for the declaration is made on or before the first anniversary of the child’s birth, unless the court orders otherwise.
- Every other person who is a parent of the child is a party to the application.
- There is evidence that, before the child was conceived, every parent of the child and every person in respect of whom a declaration of parentage respecting that child is sought under the application intended to be, together, parents of the child.
- The declaration is in the best interests of the child.
Reopening on new evidence
- (1) If a declaration is made by the court under this Part and evidence becomes available that was not available at the hearing of the application, the court may, on application, set aside or vary the order and make any other orders or give any directions that the court considers necessary.
No effect on rights, property interests
(2) Setting aside an order under subsection (1) does not affect rights and duties that were exercised or performed, or interests in property that were distributed, before the order was set aside.
Effect of declaration
- (1) A declaration made under this Part shall be recognized for all purposes.
Deemed effective from birth
(2) A declaration made under this Part is deemed to have been effective from the child’s birth.
Extra-Provincial Declaratory Orders
Extra-provincial declaratory orders
- (1) In this section,
“extra-provincial declaratory order” means an order, or part of an order, that makes a declaration of parentage similar to a declaration that may be made under this Part, if it is made by a court or tribunal outside Ontario that has jurisdiction to make such an order.
Recognition of Canadian orders
(2) Subject to subsection (3), a court shall recognize an extra-provincial declaratory order made in another jurisdiction in Canada.
Exception
(3) A court may decline to recognize an extra-provincial declaratory order made in another jurisdiction in Canada if,
(a) evidence becomes available that was not available during the proceeding that led to the making of the extra-provincial declaratory order; or
(b) the court is satisfied that the extra-provincial declaratory order was obtained by fraud or duress.
Recognition of non-Canadian orders
(4) Subject to subsection (5), a court shall recognize an extra-provincial declaratory order that was made in a jurisdiction outside Canada if,
(a) the child or at least one parent of the child was habitually resident in the jurisdiction of the court or tribunal that made the extra-provincial declaratory order at the time the proceeding that led to its making was commenced or at the time the extra-provincial declaratory order was made; or
(b) the child or at least one parent of the child had a real and substantial connection with the jurisdiction of the court or tribunal that made the extra-provincial declaratory order at the time the proceeding that led to its making was commenced or at the time the extra-provincial declaratory order was made.
Exception
(5) A court may decline to recognize an extra-provincial declaratory order made in a jurisdiction outside Canada,
(a) in the circumstances described in clause (3) (a) or (b); or
(b) if the extra-provincial declaratory order is contrary to public policy in Ontario.
Effect of recognition of order
(6) An extra-provincial declaratory order that is recognized by the court has the same effect as if it had been made by the court under this Part.
Other Matters
Corresponding change of surname
- (1) Any person declared under section 10, 11 or 13 to be a parent of a child may apply to the court for an order that the child’s surname be changed to any surname that the child could have been given at birth under subsection 10 (3), (3.1), (4) or (5) of the Vital Statistics Act.
Same
(2) An application under subsection (1) to change a child’s surname may be made at the same time as an application for a declaration under section 10, 11 or 13.
Best interests of the child
(3) An order under subsection (1) changing a child’s surname may be made only if it is in the best interests of the child.
Admissibility in evidence of acknowledgment against interest
17.1 A written acknowledgment of parentage that is admitted in evidence in any proceeding against the interest of the person making the acknowledgment is proof, in the absence of evidence to the contrary, of the fact.
Blood, DNA tests
17.2 (1) On the application of a party in a proceeding in which the court is called on to determine a child’s parentage, the court may give the party leave to obtain a blood test, DNA test or any other test the court considers appropriate of a person named in the order granting leave, and to submit the results in evidence.
Conditions
(2) The court may impose conditions, as it thinks proper, on an order under subsection (1).
Consent to procedure
(3) The Health Care Consent Act, 1996 applies to the test as if it were treatment under that Act.
Inference from refusal
(4) If a person named in an order under subsection (1) refuses to submit to the test, the court may draw such inferences as it thinks appropriate.
Exception
(5) Subsection (4) does not apply if the refusal is the decision of a substitute decision-maker as defined in section 9 of the Health Care Consent Act, 1996.
Confidentiality
17.3 Section 70 applies with necessary modifications if a proceeding includes an application under this Part.
Court statement
17.4 On the making of a declaratory order under this Part that a person is or is not a parent of a child, the clerk of the court shall file with the Registrar General a statement, in the form provided by the Ministry of the Attorney General, respecting the order.
Certified copies of documents filed with the Registrar General
Court statement
17.5 (1) On application and payment of the required fee under the Vital Statistics Act, any person may obtain from the Registrar General a certified copy of a statement filed under section 17.4.
Statutory declaration of parentage
(2) On application and payment of the required fee under the Vital Statistics Act, any person who has an interest, provides substantially accurate particulars and satisfies the Registrar General as to the reason for requiring it may obtain from the Registrar General a certified copy of a statutory declaration filed under section 12 of this Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force.
Certified copy as evidence
(3) A certified copy obtained under this section that is signed by the Registrar General or Deputy Registrar General, or on which the signature of either is reproduced by any method, is admissible in any court in Ontario as proof, in the absence of evidence to the contrary, of the filing and contents of the statement.
Duties of Registrar General
17.6 Nothing in this Act shall be construed as requiring the Registrar General to amend a registration showing parentage other than in recognition of an order made under this Part and in accordance with the requirements of the Vital Statistics Act.
(2) Subsection 17 (1) of the Act, as enacted by subsection 1 (1), is amended by striking out “at birth under subsection 10 (3), (3.1), (4) or (5) of the Vital Statistics Act” at the end and substituting “under subsection 10 (3) or (3.1) of the Vital Statistics Act if the child had been born at the time of the declaration”.
- (1) Subsection 20 (1) of the Act is repealed and the following substituted:
Entitlement to custody
(1) Except as otherwise provided in this Part, a child’s parents are equally entitled to custody of the child.
(2) The French version of subsections 20 (2) and (3) of the Act is amended by striking out “d’un père ou d’une mère” wherever it appears and substituting in each case “d’un parent”.
(3) The French version of subsection 20 (4) of the Act is amended by striking out “son père ou sa mère” and substituting “l’un d’eux”.
(4) The French version of subsection 20 (5) of the Act is amended by striking out “de père ou de mère” and substituting “de parent”.
- The French version of subsection 21 (1) of the Act is amended by striking out “Le père ou la mère” at the beginning and substituting “Le parent”.
- The French version of the following provisions of the Act is amended by striking out “ni le père ni la mère” wherever it appears and substituting in each case “pas un parent”:
- Subsection 21.1 (1).
- Subsection 21.2 (2).
- (1) The French version of subsections 21.3 (1) and (2) of the Act is repealed and the following substituted:
Autres instances
Requête par une personne qui n’est pas parent
(1) Si une requête en vue d’obtenir la garde d’un enfant est présentée par une personne qui n’est pas parent de l’enfant, le greffier du tribunal fournit au tribunal ainsi qu’aux parties des renseignements écrits à l’égard des instances en droit de la famille en cours ou antérieures mettant en cause l’enfant ou toute personne qui est partie à la requête et qui n’est pas parent de l’enfant.
Idem
(2) Si une requête en vue d’obtenir la garde d’un enfant est présentée par une personne qui n’est pas parent de l’enfant, le tribunal peut exiger que le greffier du tribunal lui fournisse ainsi qu’aux parties des renseignements écrits à l’égard des instances criminelles en cours ou antérieures mettant en cause toute personne qui est partie à la requête et qui n’est pas parent de l’enfant.
(2) The French version of clause 21.3 (7) (c) of the Act is amended by striking out “qui n’est ni le père ni la mère de l’enfant” and substituting “qui n’est pas parent de l’enfant”.
- (1) The French version of clause 22 (2) (a) of the Act is amended by striking out “son père et sa mère” and substituting “ses parents”.
(2) The French version of clause 22 (2) (b) of the Act is amended by striking out “son père ou sa mère” and substituting “l’un d’eux”.
(3) The French version of clause 22 (2) (c) of the Act is amended by striking out “n’est ni son père, ni sa mère” and substituting “est autre qu’un parent”.
- (1) Clause 24 (2) (h) of the Act is repealed and the following substituted:
(h) any familial relationship between the child and each person who is a party to the application.
(2) The French version of the following provisions of the Act is amended by striking out “que père ou mère” wherever it appears and substituting in each case “que parent”:
- Clause 24 (2) (g).
- Clause 24 (3) (b).
- Subsection 24 (4), in the portion before clause (a).
(3) The French version of clause 24 (4) (b) of the Act is amended by striking out “le père ou la mère” and substituting “un parent”.
- The French version of subsection 47 (1) of the Act is amended by striking out “du père ou de la mère” and substituting “d’un parent”.
- (1) The French version of subsection 48 (1) of the Act is amended by striking out “le père et la mère” and substituting “les parents”.
(2) The French version of subsection 48 (2) of the Act is amended by striking out “Le père ou la mère” at the beginning and substituting “Le parent”.
- (1) The French version of clause 51 (1) (b) of the Act is amended by striking out “le père ou la mère” and substituting “le parent”.
(2) The French version of subsection 51 (3) of the Act is repealed and the following substituted:
Reçu ou quittance
(3) Le reçu ou la quittance pour de l’argent ou des biens meubles ne dépassant pas le montant ou la valeur indiqués au paragraphe (1) que reçoit, au nom de l’enfant, le parent chez qui l’enfant habite ou la personne qui a la garde légitime de l’enfant a la même valeur que si le tribunal avait nommé le parent ou cette personne comme tuteur aux biens de l’enfant.
(3) The French version of subsection 51 (4) of the Act is amended by striking out “Le père ou la mère” at the beginning and substituting “Un parent”.
- The French version of subsection 55 (2) of the Act is repealed and the following substituted:
Cas où le cautionnement n’est pas nécessaire
(2) Le paragraphe (1) ne s’applique pas si le tribunal nomme comme tuteur aux biens d’un enfant un parent de l’enfant et qu’il est d’avis qu’il est approprié de ne pas exiger du parent le dépôt d’un cautionnement.
- The French version of subsection 59 (1) of the Act is amended by striking out “du père ou de la mère” in the portion before clause (a) and substituting “d’un parent”.
- The French version of subsection 61 (3) of the Act is amended by striking out “La mère ou le père célibataire” at the beginning and substituting “Le parent célibataire”.
- Clause 62 (3) (a) of the Act is repealed and the following substituted:
(a) the child’s parents;
- The French version of subsection 63 (1) of the Act is amended by striking out “qui est le père ou la mère d’un enfant” and substituting “qui est parent d’un enfant”.
Vital Statistics Act
- (1) The definition of “birth” in section 1 of the Vital Statistics Act is repealed and the following substituted:
“birth” means the complete expulsion or extraction from a person of a fetus that did at any time after being completely expelled or extracted from the person breathe or show any other sign of life, whether or not the umbilical cord was cut or the placenta attached; (“naissance”)
(2) The French version of the definition of “birth parent” in section 1 of the Act is repealed and the following substituted:
«parent de naissance» Relativement à une personne adoptée, personne dont le nom figure en tant que parent sur l’enregistrement initial, le cas échéant, de la naissance de la personne adoptée et toute autre personne prescrite. («birth parent»)
(3) The definition of “still-birth” in section 1 of the Act is amended by striking out “from its mother” and substituting “from a person”.
- (1) Subsection 9 (1) of the Act is repealed and the following substituted:
Certification of birth
(1) The parents of a child born in Ontario, or one of them in such circumstances as may be prescribed, or such other person as may be prescribed, shall certify the child’s birth in the manner, including providing such information and documentation as may be prescribed, within the time and to the person prescribed by the regulations.
(2) Subsection 9 (7) of the Act is repealed and the following substituted:
Same
(7) On receiving a certified copy of a declaratory order under Part I of the Children’s Law Reform Act respecting the parentage of a child whose birth is registered in Ontario, the Registrar General shall amend the particulars of the child’s parents shown on the registration, in accordance with the order.
(3) Subsection 9 (8) of the Act is amended by striking out “section 6.1” and substituting “section 17”.
- (1) The French version of paragraph 1 of subsection 10 (3) of the Act is repealed and the following substituted:
- Si les deux parents certifient la naissance de l’enfant, ils peuvent convenir de lui donner le nom de famille ou l’ancien nom de famille de l’un ou l’autre parent ou un nom de famille comprenant un seul nom de famille ou ancien nom de famille de chacun des parents, unis par un trait d’union ou accolés.
(2) Subsection (1) applies only if it comes into force before subsection 1 (2) of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force.
(3) The French version of paragraph 1 of subsection 10 (3) of the Act, as re-enacted by subsection 1 (2) of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is amended by striking out “le père et la mère” and substituting “les deux parents”.
(4) The French version of paragraph 2 of subsection 10 (3) of the Act is repealed and the following substituted:
- Si les deux parents certifient la naissance de l’enfant, mais ne s’entendent pas sur le nom de famille de l’enfant, l’enfant reçoit le nom de famille suivant, selon le cas :
- le nom de famille des parents, s’ils ont le même nom de famille,
- un nom de famille comprenant les noms de famille des deux parents, unis par un trait d’union ou accolés dans l’ordre alphabétique, s’ils ont des noms de famille différents.
(5) The French version of paragraph 3 of subsection 10 (3) of the Act is repealed and the following substituted:
- Si un des parents certifie la naissance de l’enfant et que l’autre parent est empêché d’agir pour cause de maladie ou de décès, le parent qui certifie la naissance de l’enfant peut lui donner le nom de famille ou l’ancien nom de famille de l’un ou l’autre parent ou un nom de famille comprenant un seul nom de famille ou ancien nom de famille de chacun des parents, unis par un trait d’union ou accolés.
(6) Subsection (5) applies only if it comes into force before subsection 1 (2) of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force.
(7) The French version of paragraph 3 of subsection 10 (3) of the Act, as re-enacted by subsection 1 (2) of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is repealed and the following substituted:
- Si un des parents certifie la naissance de l’enfant et que l’autre parent est empêché d’agir pour cause de maladie ou de décès, le parent qui certifie la naissance de l’enfant peut lui donner le nom de famille qu’il choisit.
(8) The French version of paragraph 5 of subsection 10 (3) of the Act is repealed and the following substituted:
- Si une personne qui n’est pas parent de l’enfant certifie sa naissance, l’enfant reçoit le nom de famille suivant, selon le cas :
- le nom de famille des parents, s’ils ont le même nom de famille,
- un nom de famille comprenant les noms de famille des deux parents, unis par un trait d’union ou accolés dans l’ordre alphabétique, s’ils ont des noms de famille différents,
iii. si seulement un des parents est connu, le nom de famille de ce parent.
(9) Section 10 of the Act is amended by adding the following subsection:
How child’s surname determined if more than two parents
(3.1) If a child has more than two parents, subsection (3) does not apply, and the child’s surname shall be determined as follows:
- If two or more parents certify the child’s birth, they may agree to give the child the surname or former surname of any of the certifying parents, or a surname consisting of the surname or former surname of each certifying parent, hyphenated or combined.
- If any of the parents are incapable of certifying the child’s birth by reason of illness or death,
- the remaining parents who certify the child’s birth may agree to give the child the surname or former surname of any of the parents, or a surname consisting of the surname or former surname of each parent, hyphenated or combined, or
- if there is only one remaining parent who certifies the child’s birth, that parent may give the child the surname or former surname of any of the parents, or a surname consisting of the surname or former surname of each parent, hyphenated or combined.
- If two or more parents certify the child’s birth but do not agree on the child’s surname, the child shall be given a surname consisting of each of the certifying parents’ surnames hyphenated or combined in alphabetical order, except that if any of those parents share a surname it shall be used only once.
- If a person who is not the child’s parent certifies the child’s birth, the child shall be given a surname consisting of each of the parents’ surnames hyphenated or combined in alphabetical order, except that if any of those parents share a surname it shall be used only once.
(10) Subsection 10 (3.1) of the Act, as enacted by subsection (9), is repealed and the following substituted:
How child’s surname determined if more than two parents
(3.1) If a child has more than two parents, subsection (3) does not apply, and the child’s surname shall be determined as follows:
- If two or more parents certify the child’s birth, they may agree to give the child a surname chosen by them.
- If any of the parents are incapable of certifying the child’s birth by reason of illness or death,
- the remaining parents who certify the child’s birth may agree to give the child a surname chosen by them, or
- if there is only one remaining parent who certifies the child’s birth, that parent may determine the child’s surname.
- If two or more parents certify the child’s birth but do not agree on the child’s surname, the child shall be given a surname consisting of each of the certifying parents’ surnames hyphenated or combined in alphabetical order, except that if any of those parents share a surname it shall be used only once.
- If a person who is not the child’s parent certifies the child’s birth, the child shall be given the surname of the person who gave birth to the child.
(11) Clause 10 (5) (a) of the Act, as re-enacted by subsection 1 (3) of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is repealed and the following substituted:
(a) the child’s parents, if they each certify the child’s birth and agree on the name; or
- Section 13 of the Act is repealed.
- Section 14 of the Actis repealed.
- (1) The Act is amended by adding the following section:
Transition, election to change name of child under 12
14.1 (1) The references in this section to section 14 are to that section as it read immediately before the day section 20 of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force.
Same
(2) If a person making an election under subsection 14 (1) has submitted the election to the Registrar General on or before the day section 20 of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force, whether or not the person is required to give a notice under subsection 14 (3), then, despite that section 20, section 14 of this Act continues to apply to the person and the Registrar General.
(2) Section 14.1 of the Act is repealed.
- Subsection 15 (1) of the Act is amended by adding “under subsection 10 (2) or a predecessor of that subsection or under a predecessor of this Act” after “forename” in the portion before clause (a).
- Section 17 of the Act is repealed.
- (1) Subsection 31 (1) of the Act, as re-enacted by section 5 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is repealed and the following substituted:
Person born in Ontario, name changed outside of Ontario
(1) If the name of a person whose birth is registered in Ontario has been changed in accordance with the law of a province or territory of Canada, other than Ontario, or of a foreign state, the Registrar General shall note the change on the person’s birth registration if,
(a) the Registrar General receives the prescribed evidence that satisfies the Registrar General that the name of the person has so changed; and
(b) the following conditions are met if an applicant has requested the Registrar to note the change on the birth registration:
(i) the Registrar General receives evidence that satisfies the Registrar General as to the identity of the person and receives all prescribed documents that are in the person’s possession, and
(ii) the applicant pays the required fee, if any.
Return of documents
(1.1) If the Registrar General has noted a change on a person’s birth registration under subsection (1) and no applicant requested that it be done, the Registrar General may request the person to submit all prescribed documents that are in the person’s possession and the person shall comply with the request.
(2) Subsection 31 (3) of the Act, as re-enacted by section 5 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is amended by striking out “the mother, father or other parent” in the portion before clause (a) and substituting “a parent”.
(3) Subsection 31 (7) of the Act, as enacted by section 5 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is amended by striking out “the mother, father or other parent” and substituting “a parent”.
(4) Subsections 31 (8) and (9) of the Act, as enacted by section 5 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, are repealed and the following substituted:
Documents to provide
(8) A person who requests the notation of a change on the person’s marriage registration under subsection (2) shall submit, with the request, all the prescribed documents that are in the person’s possession.
Same, for child’s birth registration
(8.1) A person who requests the notation of a change on a child’s birth registration under subsection (3) shall,
(a) collect from the child all the prescribed documents that are in the child’s possession; and
(b) submit, with the request, all the prescribed documents that are in the person’s possession and all the prescribed documents that the person has collected under clause (a).
Documents for request by child
(9) A child who requests the notation of a change on the child’s birth registration under subsection (7) shall,
(a) collect from the person on whose birth registration the Registrar General noted a change of name under subsection (1) all the prescribed documents that are in the person’s possession; and
(b) submit, with the request, all the prescribed documents that are in the child’s possession and all the prescribed documents that the child has collected under clause (a).
(5) Section 31 of the Act, as re-enacted by section 5 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is amended by adding the following subsections:
Documents to provide
(13) If the Registrar General notes an annulment of a change of name of a person under subsection (12), the Registrar General may request that,
(a) the person submit to the Registrar General all of the prescribed documents that are in the person’s possession;
(b) the applicant under subsection (1) submit to the Registrar General all of the prescribed documents that are in the applicant’s possession if the applicant is not the person; and
(c) a child submit to the Registrar General all of the prescribed documents that are in the child’s possession if the change of name that is annulled was noted on the birth registration of the child.
Compliance with request
(14) A person who receives a request under subsection (13) shall comply with it.
- (1) Subsection 31.1 (1) of the Act, as enacted by section 5 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is repealed and the following substituted:
Person born outside of Ontario, name changed outside of Ontario
(1) If the name of a person born outside of Ontario has been changed in accordance with the law of a province or territory of Canada, other than Ontario, or of a foreign state, if the person is married and if there is a registration of that marriage in Ontario, the Registrar General shall note the change on that marriage registration if,
(a) the person so requests and pays the required fee, if any; and
(b) the Registrar General receives,
(i) evidence that satisfies the Registrar General as to the identity of the person,
(ii) the prescribed evidence that satisfies the Registrar General that the name of the person has so changed, and
(iii) all prescribed documents that are in the person’s possession.
(2) Subsection 31.1 (2) of the Act, as enacted by section 5 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is repealed and the following substituted:
Birth registration of child
(2) If the name of a person born outside of Ontario has been changed in accordance with the law of a province or territory of Canada, other than Ontario, or of a foreign state and if the person is named as the mother, father or other parent on the birth registration of a child born in Ontario, the Registrar General shall note the change on the child’s birth registration if,
(a) the person so requests and pays the required fee, if any;
(b) the Registrar General receives,
(i) evidence that satisfies the Registrar General as to the identity of the person,
(ii) the prescribed evidence that satisfies the Registrar General that the name of the person has so changed, and
(iii) all prescribed documents that are in the person’s possession; and
(c) subject to subsections (3), (4) and (5), the child consents, if the child is at least 16 years of age at the time of the request.
(3) Subsection 31.1 (2) of the Act, as re-enacted by subsection (2), is amended by striking out “the mother, father or other parent” in the portion before clause (a) and substituting “a parent”.
(4) Subsection 31.1 (6) of the Act, as enacted by section 5 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is repealed and the following substituted:
Request by child
(6) If the name of a person born outside of Ontario has been changed in accordance with the law of a province or territory of Canada, other than Ontario, or of a foreign state, if the person is named as the mother, father or other parent on the birth registration of a child born in Ontario and if the child is at least 16 years of age, the Registrar General shall note the change on the child’s birth registration if,
(a) the child so requests and pays the required fee, if any; and
(b) the Registrar General receives,
(i) evidence that satisfies the Registrar General as to the identity of the person,
(ii) the prescribed evidence that satisfies the Registrar General that the name of the person has so changed, and
(iii) all prescribed documents that are in the child’s possession.
(5) Subsection 31.1 (6) of the Act, as re-enacted by subsection (4), is amended by striking out “the mother, father or other parent” in the portion before clause (a) and substituting “a parent”.
(6) Subsections 31.1 (7) and (8) of the Act, as enacted by section 5 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, are repealed and the following substituted:
Documents to provide
(7) A person who requests the notation of a change on a child’s birth registration under subsection (2) shall,
(a) collect from the child all the prescribed documents that are in the child’s possession; and
(b) submit, with the request, all the prescribed documents that are in the person’s possession and all the prescribed documents that the person has collected under clause (a).
Documents for request by child
(8) A child who requests the notation of a change on the child’s birth registration under subsection (6) shall,
(a) collect from the person whose name has been changed as described in subsection (1) all the prescribed documents that are in the person’s possession; and
(b) submit, with the request, all the prescribed documents that are in the child’s possession and all the prescribed documents that the child has collected under clause (a).
(7) Section 31.1 of the Act, as enacted by section 5 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is amended by adding the following subsections:
Documents to provide
(10) If the Registrar General notes an annulment of a change of name of a person under subsection (9), the Registrar General may request that,
(a) the person submit to the Registrar General all of the prescribed documents that are in the person’s possession; and
(b) a child submit to the Registrar General all of the prescribed documents that are in the child’s possession if the change of name that is annulled was noted on the birth registration of the child.
Compliance with request
(11) A person who receives a request under subsection (10) shall comply with it.
- The French version of clause 44 (3) (b) of the Act is amended by striking out “le père ou la mère” and substituting “un parent”.
- (1) The French version of subsections 48.1 (5), (6) and (7) of the Act is repealed and the following substituted:
Effet de l’avis du désir de non-communication
(5) S’il y a uniquement un parent de naissance et qu’un avis présenté par celui-ci en vertu du paragraphe 48.4 (3) est en vigueur, le registraire général de l’état civil ne doit pas donner les copies non certifiées conformes à l’auteur de la demande à moins que celui-ci ne consente par écrit à ne pas communiquer ou tenter de communiquer avec le parent de naissance, directement ou non.
Idem
(6) S’il y a deux parents de naissance et que des avis présentés par chacun d’eux en vertu du paragraphe 48.4 (3) sont en vigueur, le registraire général de l’état civil ne doit pas donner les copies non certifiées conformes à l’auteur de la demande à moins que celui-ci ne consente par écrit à ne pas communiquer ou tenter de communiquer avec les parents de naissance, directement ou non.
Idem
(7) S’il y a deux parents de naissance et qu’un seul avis présenté par l’un d’eux en vertu du paragraphe 48.4 (3) est en vigueur, le registraire général de l’état civil fait ce qui suit :
- a) il donne les copies non certifiées conformes à l’auteur de la demande si celui-ci consent par écrit à ne pas communiquer ou tenter de communiquer, directement ou non, avec le parent de naissance dont l’avis est en vigueur;
- b) si l’auteur de la demande refuse de consentir par écrit à ne pas communiquer ou tenter de communiquer, directement ou non, avec le parent de naissance dont l’avis est en vigueur, il supprime les renseignements identificatoires concernant ce parent de naissance des copies non certifiées conformes et lui donne les copies ainsi épurées.
(2) The French version of subsection 48.1 (8) of the Act is amended by striking out “le père ou la mère de sang ou les deux” and substituting “l’un ou l’autre des parents de naissance ou les deux”.
(3) The French version of subsection 48.1 (9) of the Act is amended by striking out “S’il y a uniquement soit un père soit une mère de sang et qu’un veto sur la divulgation présenté par ce père ou cette mère de sang” at the beginning and substituting “S’il y a uniquement un parent de naissance et qu’un veto sur la divulgation présenté par celui-ci”.
(4) The French version of subsection 48.1 (10) of the Act is amended by striking out “S’il y a à la fois un père et une mère de sang” at the beginning and substituting “S’il y a deux parents de naissance”.
(5) The French version of subsection 48.1 (11) of the Act is amended by,
(a) striking out “S’il y a à la fois un père et une mère de sang” at the beginning and substituting “S’il y a deux parents de naissance”;
(b) striking out “le père ou la mère de sang” and substituting “le parent de naissance”.
- (1) The French version of subsection 48.2 (1) of the Act is amended by striking out “Le père ou la mère de sang” at the beginning and substituting “Un parent de naissance”.
(2) The French version of subsection 48.2 (2) of the Act is amended by striking out “Le père ou la mère de sang” at the beginning and substituting “Le parent de naissance”.
(3) The French version of clauses 48.2 (7) (a) and (b) of the Act is repealed and the following substituted:
- a) à aucun parent de naissance qui demande ces renseignements en vertu du paragraphe (1), si le veto sur la divulgation ne précise pas de parent de naissance à l’égard duquel il a effet;
- b) au parent de naissance qui est précisé si le veto sur la divulgation précise qu’il a effet uniquement à l’égard d’un parent de naissance.
- (1) The French version of subsection 48.3 (1) of the Act is amended by striking out “son père ou sa mère de sang” and substituting “un parent de naissance”.
(2) The French version of subsection 48.3 (4) of the Act is amended by striking out “de son père ou de sa mère de sang” and substituting “d’un parent de naissance”.
- 30. (1) The French version of subsection 48.4 (1) of the Act is amended by striking out “son père ou sa mère de sang” at the end and substituting “un parent de naissance”.
(2) The French version of subsection 48.4 (6) of the Act is amended by striking out “de son père ou de sa mère de sang” and substituting “d’un parent de naissance”.
- (1) The French version of subsection 48.5 (1) of the Act is amended by striking out “au père et à la mère de sang” and substituting “aux parents de naissance”.
(2) The French version of subsection 48.5 (2) of the Act is amended by striking out “à son père ou à sa mère de sang” at the end and substituting “à un parent de naissance”.
(3) The French version of subsection 48.5 (3) of the Act is amended by striking out “S’il y a à la fois un père et une mère de sang” at the beginning and substituting “S’il y a deux parents de naissance”.
(4) The French version of subsection 48.5 (5) of the Act is amended by striking out “Le père ou la mère de sang” at the beginning and substituting “Un parent de naissance”.
(5) The French version of subsection 48.5 (9) of the Act is amended by striking out “de son père ou de sa mère de sang ou de chacun d’eux n’entre pas en vigueur à l’égard du père ou de la mère de sang” and substituting “d’un des parents de naissance ou des deux n’entre pas en vigueur à l’égard du parent de naissance”.
- (1) The French version of subsection 56.1 (1) of the Act is amended by,
(a) striking out “que son père ou sa mère de sang” and substituting “qu’un parent de naissance”; and
(b) striking out “ou celle-ci”.
(2) The French version of subsection 56.1 (2) of the Act is amended by,
(a) striking out “il ou elle” and substituting “un parent de naissance”; and
(b) striking out “le père ou la mère de sang de celle-ci” and substituting “ce parent de naissance”.
(3) The French version of subsection 56.1 (4) of the Act is amended by,
(a) striking out “de son père ou de sa mère de sang” and substituting “d’un parent de naissance”; and
(b) striking out “ou à celle-ci”.
- (1) Clause 60 (1) (i.2) of the Act is amended by striking out “subsection 10 (5), sections 19, 21 and 22 and subsection 26 (1)” and substituting “subsection 10 (4), sections 19, 21 and 22 and subsections 26 (1), 31 (1), (1.1), (8), (8.1), (9), (12) and (13) and 31.1 (1), (2), (6), (7), (8), (9) and (10)”.
(2) The French version of clause 60 (1) (r) of the Act is amended by striking out “père ou mère de sang” and substituting “parent de naissance”.
(3) The French version of clause 60 (1) (r.2) of the Act is repealed and the following substituted:
r.2) régir la divulgation de renseignements concernant une adoption dans les cas où un particulier a fait l’objet de plus d’une ordonnance d’adoption enregistrée, notamment prévoir que la totalité ou une partie des articles 48.1, 48.2, 48.3, 48.4 et 48.5 ne s’appliquent pas à une personne adoptée ou à un parent de naissance ou à des catégories de personnes adoptées ou de parents de naissance;
(4) Clause 60 (1) (t) of the Act is repealed.
- (1) The French version of the following provisions of the Act is amended by striking out “un père ou une mère de sang” wherever it appears and substituting in each case “un parent de naissance”:
- Subsection 48.1 (4).
- Subsections 48.3 (2) and (5).
- Subsections 48.4 (3) and (7).
- Subsections 48.5 (10) and (13).
- Subsection 56.1 (3).
- Clause 60 (1) (r.1).
(2) The French version of the following provisions of the Act is amended by striking out “le père ou la mère de sang” wherever it appears and substituting in each case “le parent de naissance”:
- Subsection 48.3 (6).
- Subsection 48.4 (8).
- Subsections 48.5 (6) and (11).
Complementary Amendments to Other Acts
Anatomy Act
- The French version of the following provisions of the Anatomy Act is amended by striking out “parent” wherever it appears and substituting in each case “membre de la famille”:
- Clause 3 (1) (a).
- Subsection 3 (3).
Business Corporations Act
- (1) The French version of clauses (d) and (e) of the definition of “associate” in subsection 1 (1) of the Business Corporations Act is amended by striking out “parent” wherever it appears and substituting in each case “membre de la famille”.
(2) The French version of clause (b) of the definition of “related person” in subsection 1 (1) of the Act is amended by striking out “parent” and substituting “membre de la famille”.
Change of Name Act
- (1) Subsection 5 (2.1) of the Change of Name Act is repealed and the following substituted:
Same
(2.1) If a person is declared under section 10, 11 or 13 of the Children’s Law Reform Act to be a parent of a child and obtains an order under section 17 of that Act changing the child’s surname, an application under subsection (1) also requires that person’s written consent.
(2) Clause 6 (2) (d) of the Act is amended by striking out “the person’s father and mother” at the end and substituting “the person’s parents”.
(3) Clause 6 (2) (r) of the Act is repealed and the following substituted:
(r) any other information or documents that are prescribed.
(4) Subsection 7 (1.2) of the Act, as enacted by subsection 6 (1) of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is amended by striking out “the mother, father or other parent” in the portion before clause (a) and substituting “a parent”.
(5) Subsection 7 (1.6) of the Act, as enacted by subsection 6 (1) of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is amended by striking out “the mother, father or other parent” and substituting “a parent”.
(6) Subsections 7 (1.7) and (1.8) of the Act, as enacted by subsection 6 (1) of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, are repealed and the following substituted:
Documents to provide
(1.7) An applicant or person who requests the notation of a change on the person’s marriage registration under subsection (1.1) shall submit, with the request, all the prescribed documents that are in the possession of the applicant or person, as the case may be.
Same, for child’s birth registration
(1.7.1) An applicant or person who requests the notation of a change on a child’s birth registration under subsection (1.2) shall,
(a) collect from the child all the prescribed documents that are in the child’s possession; and
(b) submit, with the request, all the prescribed documents that are in the possession of the applicant or person, as the case may be, and all the prescribed documents that the applicant or person, as the case may be, has collected under clause (a).
Documents for request by child
(1.8) A child who requests the notation of a change on the child’s birth registration under subsection (1.6) shall,
(a) if the Registrar General has registered a change of name of a person under subsection (1), collect from the person all the prescribed documents that are in the person’s possession; and
(b) submit, with the request, all the prescribed documents that are in the child’s possession and all the prescribed documents that the child has collected under clause (a).
(7) Clause 13 (g.1) of the Act, as enacted by section 9 of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is amended by striking out “7 (1.7)” and substituting “7 (1.7), (1.7.1)”.
(8) Clause 13 (g.2) of the Act, as enacted by section 9 of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016, is repealed and the following substituted:
(g.2) prescribing information or documents for the purposes of clause 6 (2) (r);
Child and Family Services Act
- (1) The French version of subparagraph 3 iv of subsection 1 (2) of the Child and Family Services Act is amended by striking out “de ses parents et des membres de sa famille élargie” and substituting “des membres de sa parenté, de sa famille élargie”.
(2) The definition of “extended family” in subsection 3 (1) of the Act is amended by striking out “related by blood, through a spousal relationship or through adoption” and substituting “related, including through a spousal relationship or adoption”.
(3) The definition of “relative” in subsection 3 (1) of the Act is repealed and the following substituted:
“relative” means, with respect to a child, a person who is the child’s grandparent, great-uncle, great-aunt, uncle or aunt, including through a spousal relationship or adoption; (“membre de la parenté”)
(4) Subsection 3 (2) of the Act is repealed and the following substituted:
Interpretation, “parent”
(2) Unless this Act provides otherwise, a reference in this Act to a parent of a child is deemed to be a reference to,
(a) the person who has lawful custody of the child; or
(b) if more than one person has lawful custody of the child, all of the persons who have lawful custody of the child, excluding any person who is unavailable or unable to act as the context requires.
(5) The definition of “parent” in subsection 37 (1) of the Act is repealed and the following substituted:
“parent”, when used in reference to a child, means, in addition to a parent of the child as set out in section 4 of the Children’s Law Reform Act, each of the following persons, but does not include a foster parent:
- An individual who has lawful custody of the child.
- An individual who, during the 12 months before intervention under this Part, has demonstrated a settled intention to treat the child as a child of his or her family, or has acknowledged parentage of the child and provided for the child’s support.
- An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child.
- An individual who acknowledged parentage of the child by filing a statutory declaration under section 12 of the Children’s Law Reform Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force; (“père ou mère”)
(6) The French version of the definition of “birth parent” in subsection 136 (1) of the Act is amended by striking out “de sang” and substituting “de naissance”.
(7) The French version of the definition of “birth relative” in subsection 136 (1) of the Act is repealed and the following substituted:
«membre de la parenté de naissance» S’entend :
- a) relativement à un enfant qui n’a pas été adopté, d’un membre de la parenté de l’enfant;
- b) relativement à un enfant qui a été adopté, d’une personne qui aurait été un membre de la parenté de l’enfant s’il n’avait pas été adopté. («birth relative»)
(8) The French version of the definition of “birth sibling” in subsection 136 (1) of the Act is repealed and the following substituted:
«frère ou soeur de naissance» Relativement à une personne, s’entend d’un enfant qui a le même père ou la même mère de naissance que cette personne. S’entend également de l’enfant adopté par le père ou la mère de naissance et une personne que le père ou la mère de naissance a l’intention bien arrêtée et manifeste de traiter comme un enfant de sa famille. («birth sibling»)
(9) The French version of clause (a) of the definition of “openness order” in subsection 136 (1) of the Act is repealed and the following substituted:
- a) son père ou sa mère de naissance, son frère ou sa soeur de naissance ou un membre de sa parenté de naissance;
(10) Paragraph 6 of subsection 136 (2) of the Act is amended by striking out “by blood” and substituting “by birth”.
(11) The definition of “parent” in subsection 137 (1) of the Act is repealed and the following substituted:
“parent”, when used in reference to a child, means, in addition to a parent of the child as set out in section 4 of the Children’s Law Reform Act, each of the following persons, but does not include a licensee or a foster parent:
- An individual who has lawful custody of the child.
- An individual who, during the 12 months before the child is placed for adoption under this Part, has demonstrated a settled intention to treat the child as a child of his or her family, or has acknowledged parentage of the child and provided for the child’s support.
- An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child.
- An individual who acknowledged parentage of the child by filing a statutory declaration under section 12 of the Children’s Law Reform Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force.
(12) The French version of paragraph 1 of subsection 153.6 (1) of the Act is repealed and the following substituted:
- Le père ou la mère de naissance, un frère ou une soeur de naissance ou un membre de la parenté de naissance de l’enfant.
(13) The French version of paragraph 4 of subsection 153.6 (1) of the Act is repealed and the following substituted:
- Le père adoptif ou la mère adoptive d’un frère ou d’une soeur de naissance de l’enfant ou une personne chez qui la société ou le titulaire de permis a placé ou compte placer un frère ou une soeur de naissance de l’enfant en vue de son adoption.
(14) The French version of clauses 160 (1) (a) and (b) of the Act is amended by striking out “de sang” wherever it appears and substituting in each case “de naissance”.
(15) Subsection 160 (2) of the Act is repealed.
(16) The French version of clause 220 (1) (a.2) of the Act is amended by striking out “de sang” and substituting “de naissance”.
(17) The French version of the following provisions of the Act is amended by striking out “parent” wherever it appears and substituting in each case “membre de la parenté”:
- Paragraphs 1 and 2 of subsection 3 (3).
- Clause 37 (5) (a).
- Subsection 51 (3.1).
- Clause 146 (2) (a).
(18) The French version of the following provisions of the Act is amended by striking out “parent” wherever it appears and substituting in each case “membre de sa parenté”:
- Subsection 3 (1), definition of “residential service”.
- Paragraph 6 of subsection 37 (3).
- Subsection 57 (4).
- Clauses 141 (8) (a) and (b).
Child Care and Early Years Act, 2014
- The definition of “relative” in subsection 2 (1) of the Child Care and Early Years Act, 2014 is amended by striking out “whether by blood, through a spousal relationship or through adoption” at the end and substituting “including through a spousal relationship or adoption”.
Commercial Tenancies Act
- The French version of subsection 31 (2) of the Commercial Tenancies Act is amended by striking out “parent” wherever it appears and substituting in each case “membre de la parenté”.
Community Care Access Corporations Act, 2001
- The French version of paragraph 2 of section 5 of the Community Care Access Corporations Act, 2001 is amended by striking out “parents” and substituting “membres de la famille”.
Compensation for Victims of Crime Act
- The French version of clause (e) of the definition of “dependant” in section 1 of the Compensation for Victims of Crime Act is amended by striking out “parent” and substituting “membre de la parenté”.
Co-operative Corporations Act
- The French version of the following provisions of the Co-operative Corporations Act is amended by striking out “parent” wherever it appears and substituting in each case “membre de la famille”:
- Subsection 1 (1), clause (b) of the definition of “related person”.
- Subsection 111 (3), clause (e) of the definition of “associate”.
Corporations Act
- (1) The French version of clause (d) of the definition of “associate” in subsection 72 (1) of the Corporations Act is amended by striking out “parent” and substituting “membre de la famille”.
(2) The French version of the following provisions of the Act is amended by striking out “parents ou ayants droit survivants” wherever it appears and substituting in each case “membres de la famille ou ayants droit survivants”:
- Clause 188 (2) (b).
- Section 190.
(3) The French version of clause 189 (1) (d) of the Act is amended by striking out “parents survivants” and substituting “membres de la famille survivants”.
Credit Unions and Caisses Populaires Act, 1994
- (1) The French version of clause (c) of the definition of “related person” in section 1 of the Credit Unions and Caisses Populaires Act, 1994 is amended by striking out “parent” and substituting “membre de la famille”.
(2) The French version of the definition of “relative” in section 1 of the Act is amended by striking out “parent” wherever it appears and substituting in each case “membre de la famille”.
Employment Standards Act, 2000
- The French version of the following provisions of the Employment Standards Act, 2000 is amended by striking out “parent” wherever it appears and substituting in each case “membre de la famille”:
- Paragraph 7 of subsection 49.3 (5).
- Paragraph 7 of subsection 50 (2).
- Paragraph 7 of subsection 50.1 (8).
Family Law Act
- (1) Clause (b) of the definition of “spouse” in section 29 of the Family Law Act is amended by striking out “the natural or adoptive parents of a child” at the end and substituting “the parents of a child as set out in section 4 of the Children’s Law Reform Act”.
(2) Paragraph 1 of subsection 39 (3) of the Act is repealed and the following substituted:
- The applicant is a parent of the child as set out in section 4 of the Children’s Law Reform Act, or has custody of the child under an order or domestic contract.
(3) Paragraph 2 of subsection 39 (3) of the Act is amended by striking out the portion before subparagraph i and substituting the following:
- If the applicant is a parent of the child as set out in section 4 of the Children’s Law Reform Act,
. . . . .
Family Responsibility and Support Arrears Enforcement Act, 1996
- The French version of clause (i) of the definition of “income source” in subsection 1 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996 is amended by striking out “parent” wherever it appears and substituting in each case “membre de la famille”.
Freedom of Information and Protection of Privacy Act
- (1) The definition of “close relative” in subsection 2 (1) of the Freedom of Information and Protection of Privacy Act is amended by striking out “whether related by blood or adoption” at the end and substituting “including by adoption”.
(2) The French version of paragraph 3 of subsection 65 (8) of the Act is amended by striking out “de sang” and substituting “de naissance”.
Funeral, Burial and Cremation Services Act, 2002
- The French version of subsections 48 (2) and (4) of the Funeral, Burial and Cremation Services Act, 2002 is amended by striking out “parents” wherever it appears and substituting in each case “membres de la famille”.
Health Care Consent Act, 1996
- (1) The French version of paragraph 8 of subsection 20 (1) of the Health Care Consent Act, 1996 is amended by striking out “parent” and substituting “membre de la famille”.
(2) Subsection 20 (10) of the Act is repealed and the following substituted:
Meaning of “relative”
(10) For the purposes of this section, a relative includes a person related to another person by marriage or adoption.
Home Care and Community Services Act, 1994
- The French version of clause 1 (b) of the Home Care and Community Services Act, 1994 is amended by striking out “parents” and substituting “membres de la famille”.
Homemakers and Nurses Services Act
- Clause 6 (a) of the Homemakers and Nurses Services Act is amended by striking out “his or her mother” and substituting “a parent”.
Human Rights Code
- The French version of clause 24 (1) (c) of the Human Rights Code is amended by striking out “autre parent” and substituting “à un autre membre de sa famille qui est”.
Insurance Act
- (1) Subclause (c) (ii) of the definition of “spouse” in subsection 224 (1) of the Insurance Act is amended by striking out “the natural or adoptive parents” and substituting “the parents”.
(2) The French version of subclause (c) (ii) of the definition of “person insured under the contract” in subsection 265 (2) of the Act is amended by striking out “de leurs parents à charge” in the portion before sub-subclause (A) and substituting “des membres de leur famille qui sont à leur charge”.
(3) The French version of subclause (c) (iii) of the definition of “person insured under the contract” in subsection 265 (2) of the Act is amended by striking out “parents à charge” in the portion before sub-subclause (A) and substituting “membres de la famille qui sont à la charge”.
(4) The French version of subsection 265 (4) of the Act is amended by striking out “parent à charge” wherever it appears in the portion before clause (a) and substituting in each case “membre de la famille à charge”.
(5) The French version of clause 323 (a) of the Act is amended by striking out “parent” and substituting “membre de la famille”.
Legislation Act, 2006
- Section 68 of the Legislation Act, 2006 is repealed and the following substituted:
Gender
- Gender-specific terms refer to any gender and include corporations.
MPPs Pension Act, 1996
- Clause (d) of the definition of “spouse” in subsection 1 (1) of the MPPs Pension Act, 1996 is amended by striking out “the natural or adoptive parents of a child” at the end and substituting “the parents of a child as set out in section 4 of the Children’s Law Reform Act”.
Municipal Conflict of Interest Act
- The definition of “parent” in section 1 of the Municipal Conflict of Interest Act is amended by striking out “whether or not that person is the natural parent of the child” at the end.
Municipal Freedom of Information and Protection of Privacy Act
- The definition of “close relative” in subsection 2 (1) of the Municipal Freedom of Information and Protection of Privacy Act is amended by striking out “whether related by blood or adoption” at the end and substituting “including by adoption”.
Not-for-Profit Corporations Act, 2010
- (1) The French version of clause (d) of the definition of “associate” in subsection 1 (1) of the Not-for-Profit Corporations Act, 2010 is amended by striking out “parent” and substituting “membre de la famille”.
(2) The French version of clause (e) of the definition of “associate” in subsection 1 (1) of the Act is amended by striking out “d’un des parents du conjoint” and substituting “d’un membre de la famille du conjoint”.
(3) The French version of clause (b) of the definition of “related person” in subsection 1 (1) of the Act is amended by striking out “d’un de ses parents ou de ceux” and substituting “d’un membre de sa famille ou de celle”.
Ontario Energy Board Act, 1998
- The French version of clauses (d) and (e) of the definition of “associate” in section 3 of the Ontario Energy Board Act, 1998 is amended by striking out “parent” wherever it appears and substituting in each case “membre de la famille”.
Parental Responsibility Act, 2000
- The definition of “parent” in section 1 of the Parental Responsibility Act, 2000 is repealed and the following substituted:
“parent”, when used in reference to a child, includes any individual who has lawful custody of, or a lawful right of access to, the child. (“père ou mère”, “parents”)
Pension Benefits Act
- Subclause (b) (ii) of the definition of “spouse” in subsection 1 (1) of the Pension Benefits Act is repealed and the following substituted:
(ii) in a relationship of some permanence, if they are the parents of a child as set out in section 4 of the Children’s Law Reform Act;
Personal Health Information Protection Act, 2004
- (1) The definition of “relative” in section 2 of the Personal Health Information Protection Act, 2004 is repealed and the following substituted:
“relative” means either of two persons who are related to each other, including through marriage or adoption; (“membre de la famille”)
(2) The French version of the following provisions of the Act is amended by striking out “parent” wherever it appears and substituting in each case “membre de la famille”:
- Paragraph 8 of subsection 26 (1).
- Clause 38 (1) (c).
Pooled Registered Pension Plans Act, 2015
- Subclause (b) (ii) of the definition of “spouse” in section 2 of the Pooled Registered Pension Plans Act, 2015 is amended by striking out “the natural or adoptive parents of a child” at the end and substituting “the parents of a child as set out in section 4 of the Children’s Law Reform Act”.
Residential Tenancies Act, 2006
- Clause 47.3 (4) (d) of the Residential Tenancies Act, 2006 is amended by striking out “who is related by blood, marriage or adoption” and substituting “who is related, including through marriage”.
Retirement Homes Act, 2010
- Subsection 2 (2) of the Retirement Homes Act, 2010 is repealed and the following substituted:
Interpretation, related person
(2) A person who is related to another person for the purposes of clause (b) of the definition of “retirement home” in subsection (1) includes a person related through adoption, marriage, conjugal relationship outside marriage, other culturally traditional form of kinship as described in the regulations, if any, or through another prescribed form.
SARS Assistance and Recovery Strategy Act, 2003
- The French version of paragraph 7 of subsection 6 (5) of the SARS Assistance and Recovery Strategy Act, 2003 is amended by striking out “parent” and substituting “membre de la famille”.
Securities Act
- The French version of clauses (d) and (f) of the definition of “associate” in subsection 1 (1) of the Securities Act is amended by striking out “parent” wherever it appears and substituting in each case “membre de la famille”.
Substitute Decisions Act, 1992
- (1) Subsection 1 (2.1) of the Substitute Decisions Act, 1992 is repealed and the following substituted:
Relatives
(2.1) For the purposes of this Act, a relative includes a person related to another person by marriage or adoption.
(2) The French version of the following provisions of the Act is amended by striking out “parent” wherever it appears and substituting in each case “membre de la famille”:
- Clause 11 (1.1) (b).
- Clause 16 (2) (c).
- Paragraph 2 of subsection 17 (1).
- Subsection 24 (2), in the portion before paragraph 1.
- Paragraph 5 of subsection 37 (4).
- Subsection 46 (3), in the portion before clause (a).
- Clause 52 (1.1) (b).
- Subsection 57 (2), in the portion before paragraph 1.
(3) The French version of the following provisions of the Act is amended by striking out “parents” wherever it appears and substituting in each case “membres de la famille”:
- Clause 11 (1) (d), in the portion before subclause (i).
- Paragraph 1 of subsection 37 (3).
- Paragraphs 2 and 4 of subsection 37 (4).
- Clause 52 (1) (d).
Succession Law Reform Act
- (1) The definition of “child” in subsection 1 (1) of the Succession Law Reform Act is repealed and the following substituted:
“child” includes,
(a) a child conceived before and born alive after the parent’s death, and
(b) a child conceived and born alive after the parent’s death, if the conditions in subsection 1.1 (1) are met; (“enfant”)
(2) The definition of “issue” in subsection 1 (1) of the Act is repealed and the following substituted:
“issue” includes,
(a) a descendant conceived before and born alive after the person’s death, and
(b) a descendant conceived and born alive after the person’s death, if the conditions in subsection 1.1 (1) are met; (“descendance”)
(3) The definition of “parent” in subsection 1 (1) of the Act is repealed.
(4) The definition of “spouse” in subsection 1 (1) of the Act is repealed and the following substituted:
“spouse”, except in Part V, has the same meaning as in section 1 of the Family Law Act; (“conjoint”)
(5) Subsection 1 (2) of the Act is repealed.
(6) The Act is amended by adding the following section before the heading to Part I:
Posthumous conception, conditions
1.1 (1) The following conditions respecting a child conceived and born alive after a person’s death apply for the purposes of this Act:
- The person who, at the time of the death of the deceased person, was his or her spouse, must give written notice to the Estate Registrar for Ontario that the person may use reproductive material or an embryo to attempt to conceive, through assisted reproduction and with or without a surrogate, a child in relation to which the deceased person intended to be a parent.
- The notice under paragraph 1 must be in the form provided by the Ministry of the Attorney General and given no later than six months after the deceased person’s death.
- The posthumously-conceived child must be born no later than the third anniversary of the deceased person’s death, or such later time as may be specified by the Superior Court of Justice under subsection (3).
- A court has made a declaration under section 12 of the Children’s Law Reform Act establishing the deceased person’s parentage of the posthumously-conceived child.
Interpretation
(2) For the purposes of paragraph 1 of subsection (1), “assisted reproduction”, “embryo”, “reproductive material”, “spouse” and “surrogate” have the same meaning as in section 1 of the Children’s Law Reform Act.
Extension of time
(3) On motion or application, as the case may be, by a surviving spouse who gives notice under paragraph 1 of subsection (1), the Superior Court of Justice may make an order extending the period referred to in paragraph 3 of that subsection, if the Court considers it appropriate in the circumstances.
(7) Section 47 of the Act is amended by adding the following subsections:
Descendants posthumously conceived
(10) For the purposes of this section, descendants and relatives of the deceased conceived and born alive after the death of the deceased shall inherit as if they had been born in the lifetime of the deceased and had survived him or her, if the conditions in subsection 1.1 (1) are met.
Right to inherit
(11) The right of a descendant or relative to whom subsection (10) applies to inherit begins on the day he or she is born.
(8) The definition of “spouse” in section 57 of the Act is repealed and the following substituted:
“spouse” has the same meaning as in section 29 of the Family Law Act. (“conjoint”)
(9) Section 57 of the Act is amended by adding the following subsection:
Dependant posthumously-conceived child
(2) For the purposes of clause (c) of the definition of “dependant” in subsection (1), where the conditions in subsection 1.1 (1) are met in relation to a child conceived and born alive after the death of the deceased, the deceased is deemed to have been, immediately before his or her death, under a legal obligation to provide support to the child.
(10) Section 59 of the Act is amended by adding the following subsection:
Posthumous child not yet conceived
(2) An application may be made under subsection (1) by a surviving spouse who gives notice under paragraph 1 of subsection 1.1 (1) on behalf of a child of the deceased that is referred to in the notice and is not yet conceived, if the application is made no later than six months after the death of the deceased.
Toronto Islands Residential Community Stewardship Act, 1993
- The definition of “child” in section 1 of the Toronto Islands Residential Community Stewardship Act, 1993 is repealed and the following substituted:
“child” includes an adopted child; (“enfant”)
Trillium Gift of Life Network Act
- The French version of clauses 5 (2) (g), (h) and (i) of the Trillium Gift of Life Network Act is amended by striking out “parent” wherever it appears and substituting in each case “membre de la famille”.
Jobs for Today and Tomorrow Act (Budget Measures), 2016
- (1) Section 2 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 is repealed.
(2) Section 3 of Schedule 33 to the Act is repealed.
(3) Section 6 of Schedule 33 to the Act is repealed.
(4) If, on the day this subsection comes into force, section 8 of Schedule 33 to the Act is not yet in force, that section is repealed.
Strong Action for Ontario Act (Budget Measures), 2012
- Section 1 of Schedule 7 to the Strong Action for Ontario Act (Budget Measures), 2012 is repealed.
Commencement
- (1) Subject to subsections (2) to (12), this Act comes into force on the day it receives Royal Assent.
Same
(2) The following provisions come into force on a day to be named by proclamation of the Lieutenant Governor:
- Subsection 1 (1).
- Sections 2 to 17.
- Subsections 18 (1), (2), (4), (5), (6), (8) and (9).
- Sections 22 and 23.
- Sections 26 to 32.
- Subsections 33 (1) to (3) and section 34.
- Subsections 37 (1) and (2).
- Sections 38, 39, 47, 49, 51, 53, 55, 56, 57, 58 and 59.
- Sections 62, 63, 66, 67, 70, 71 and 72.
- Subsection 74 (4).
Same
(3) Subsections 1 (2) and 18 (11) come into force on the later of the day subsection 1 (1) comes into force and the day subsection 1 (3) of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force.
Same
(4) Subsections 18 (3), (7) and (10) come into force on the later of the day subsection 1 (1) comes into force and the day subsection 1 (2) of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force.
Same
(5) Subsection 21 (2) comes into force one year after the day this Act receives Royal Assent.
Same
(6) Subsections 24 (1), (4) and (5) and 25 (1), (2), (4), (6) and (7) come into force on the later of the day section 5 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force and the day this Act receives Royal Assent.
Same
(7) Subsections 24 (2) and (3) and 25 (3) and (5) come into force on the later of the day subsection 1 (1) comes into force and the day section 5 of Schedule 33 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force.
Same
(8) Subsections 37 (3), (7) and (8) come into force on the later of the day section 9 of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force and the day this Act receives Royal Assent.
Same
(9) Subsections 37 (4) and (5) come into force on the later of the day subsection 1 (1) comes into force and the day subsection 6 (1) of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force.
Same
(10) Subsection 37 (6) comes into force on the later of the day subsection 6 (1) of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force and the day this Act receives Royal Assent.
Same
(11) Section 60 comes into force on the later of the day subsection 1 (1) comes into force and the day subsection 1 (1) of the Not-for-Profit Corporations Act, 2010 comes into force.
Same
(12) Section 65 comes into force on the later of the day subsection 1 (1) comes into force and the day section 2 of the Pooled Registered Pension Plans Act, 2015 comes into force.
Short title
- The short title of this Act is the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016.
EXPLANATORY NOTE
The Bill makes amendments to the Children’s Law Reform Act to establish new rules of parentage in Ontario. Related amendments are made to the Vital Statistics Act to reflect those rules as they affect birth registrations. Other complementary amendments are made to various statutes to reflect the new rules of parentage.
In addition, the Bill makes amendments to the Change of Name Act and to the Vital Statistics Act respecting name changes and their registration.
Children’s Law Reform Act
Parts I and II of the Children’s Law Reform Act are repealed and replaced by a new Part I setting out the rules of parentage for all purposes of the law of Ontario. Sections 1 and 2 of the new Part set out definitions and applicable interpretive rules, including rules dealing with the interpretation of references in law and other instruments to relationships by blood. Section 3 of the new Part provides that the Part governs the determination of parentage for all purposes of the law of Ontario.
New rules of parentage are set out in sections 4 to 13 of the new Part:
- A person is the child of his or her parents, and a child’s parents are determined either under section 6 to 13 if the child is not adopted, or under the Child and Family Services Act if the child is adopted. Kindred relationships continue to flow from the relationship of parent and child as set out in the Part, and there continues to be no distinction between the status of a child born inside versus outside marriage. (Section 4)
- Informing determinations of parentage in the assisted reproduction context is a rule that the provision of reproductive material or an embryo for use in assisted reproduction is not in itself sufficient to be a parent in law, unless the provision is for the person’s own reproductive use. (Section 5)
- A child’s birth parent, defined as the person who gives birth to the child, is a parent of the child. The only exception to this is if the birth parent is a surrogate and is determined not to be the child’s parent under the new Part. (Section 6)
- If a child is conceived without the use of assisted reproduction, the child’s biological father is also a parent of the child. Rebuttable presumptions are set out respecting how a biological father may be determined. The only exception to these rules is a person who provides his own sperm for use in conceiving a child without the use of assisted reproduction if, before the child is conceived, he and the intended birth parent agree in writing that he does not intend to be a parent of the child (insemination by a sperm donor). (Section 7)
- A birth parent’s spouse at the time a child is conceived either through assisted reproduction or through insemination by a sperm donor is presumed to be a parent of the child. The presumption may be rebutted if it is proven on the balance of probabilities that, before the child is conceived, the spouse did not consent to be a parent of the child or withdrew consent previously given. The presumption does not operate in the case of a spouse of a surrogate, nor if the child is posthumously-conceived. (Section 8)
- A birth parent may enter into a pre-conception parentage agreement with one or more persons in which they agree to be, together, parents of a child yet to be conceived. Subject to the meeting of specified conditions, including that there be no more than four parties to the agreement, on the birth of a child contemplated by the agreement, any party to the agreement who is not otherwise a parent of the child also becomes a parent of the child. (Section 9)
- Where a surrogate and one or more intended parents of a child to be carried by the surrogate enter into a surrogacy agreement and a child contemplated by the agreement is born, the intended parents become the parents of the child and the surrogate ceases to be a parent of the child if specified conditions are met. These conditions include that there are no more than four intended parents under the agreement, that each of the parties to the agreement received independent legal advice before signing, and that the child is conceived through assisted reproduction. The change in parentage is also contingent on the surrogate giving written consent relinquishing the surrogate’s entitlement to parentage of the child, but the consent may not be given before the child is seven days old. Until that time, after the child is born the surrogate and the intended parents share parental rights and responsibilities respecting the child, unless the surrogacy agreement provides otherwise. If the surrogate does not or cannot give consent, an application may be made to the court for a declaration of parentage respecting the child. Although a surrogacy agreement may be used as evidence of parental intent, it is unenforceable in law. (Section 10)
- If all of the conditions of section 10 are met except that there are more than four intended parents under the surrogacy agreement, an application to the court for a declaration of parentage is required in order for the intended parents to become the parents of the child and for the surrogate to cease being a parent of the child. The application may not be made after the child’s first birthday. Although the surrogate’s written consent relinquishing the surrogate’s entitlement to parentage of the child is typically required, the requirement may be waived by the court in specified circumstances. Until a declaration is made, after the child is born the surrogate and the intended parents share parental rights and responsibilities respecting the child, unless the surrogacy agreement provides otherwise. (Section 11)
- Where, before a person’s death, that person and his or her spouse agreed to be parents of a child conceived after the person’s death through assisted reproduction, the surviving spouse may apply to the court for a declaration that the deceased person is a parent of a child who is so conceived, once the child is born. The application may not be made after the child is 90 days old. The court may make the declaration if specified conditions are met. (Section 12)
- In any event, a person may apply to the court for a declaration that a person is or is not a parent of a child, unless the child is adopted. The court must take into account any presumptions of parentage that apply under the Part. In specified circumstances, including where a declaration would result in a child having more than two parents, the declaration may only be made if certain conditions are met, including that such a declaration is in the best interests of the child. (Section 13)
A declaration of parentage may be set aside (section 14). Otherwise, a declaration of parentage must be recognized for all purposes, and is deemed to have been effective from the child’s birth (section 15). Section 16 of the new Part provides for rules respecting the recognition by Ontario courts of declarations of parentage made by courts or tribunals outside the province.
The remaining provisions of the new Part deal mostly with procedural and evidentiary matters, such as DNA and other tests to establish parentage and changes of surname arising from declarations of parentage.
In addition to re-enacting Part I of the Act and repealing Part II, the Bill makes various complementary amendments to other provisions of the Act. This includes amendments to references to parents that assume that a child would have no more than two parents, as well as amendments to the French version of the Act to replace references to “père” and “mère” with “parent” where appropriate.
Vital Statistics Act
The Bill makes various amendments to the Vital Statistics Act that reflect the new rules of parentage, including amendments to subsection 9 (1) (respecting the certification of a child’s birth), subsection 9 (7) (respecting amendments to a child’s birth registration as a result of a declaration of parentage made under the Children’s Law Reform Act), and the addition of a subsection 10 (3.1) to provide for rules respecting the determination of a child’s surname when the child has more than two parents. In addition, complementary amendments are made to the French version of the Act to replace references to “père” and “mère” with “parent” where appropriate, to use “membre de la famille” instead of “parent” as a translation of the English term “relative”, and to amend the translation of “birth parent” (as opposed to adoptive parent) so that the French term refers instead to a parent “de naissance” (of birth) rather than “de sang” (of blood).
In addition, the Bill makes amendments respecting name changes. The Bill adds a transition provision for section 14 of the Act, which is being repealed. That section allows a person with lawful custody of a child under the age of 12 years to elect to change the child’s names.
The Bill makes the following main amendments to section 31 of the Act that deals with a situation where the name of a person whose birth is registered in Ontario has been changed in accordance with the law of a province or territory of Canada, other than Ontario, or of a foreign state.
- If the Registrar General has noted the change on the person’s birth registration but no applicant requested that it be done, the Registrar General may request the person to submit all prescribed documents that are in the person’s possession and the person shall comply with the request.
- At present, if the Registrar General has registered a change of name of a person who is named as the mother, father or other parent on the birth registration of a child born in Ontario, the Registrar General is required to note the change on the child’s birth registration in certain circumstances. The Bill changes the reference to the mother, father or other parent to refer to a parent.
- If the person requesting the notation of the change on the child’s birth registration is not the child, the person must collect from the child all the prescribed documents that are in the child’s possession and submit them to the Registrar General with the request, along with the prescribed documents that are in the person’s possession.
- If it is the child who requests the notation of the change on the child’s birth registration, the child must collect from the person on whose birth registration the Registrar General noted a change of name all the prescribed documents that are in the person’s possession and submit them to the Registrar General with the request, along with the prescribed documents that are in the child’s possession.
- If the Registrar General notes an annulment of a change of name under subsection 31 (12), the Registrar General may request that any person, applicant or child affected by the annulment submit the prescribed documents that are in the applicable person’s possession.
The Bill makes the following main amendments to section 31.1 of the Act that deals with a situation where the name of a person born outside of Ontario has been changed in accordance with the law of a province or territory of Canada, other than Ontario, or of a foreign state.
- At present, if the Registrar General has registered a change of name of a person who is named as the mother, father or other parent on the birth registration of a child born in Ontario, the Registrar General is required to note the change on the child’s birth registration in certain circumstances. The Bill changes the reference to the mother, father or other parent to refer to a parent.
- If the person requesting the notation of the change on the child’s birth registration is not the child, the person must collect from the child all the prescribed documents that are in the child’s possession and submit them to the Registrar General with the request, along with the prescribed documents that are in the person’s possession.
- If it is the child who requests the notation of the change on the child’s birth registration, the child must collect from the person all the prescribed documents that are in the person’s possession and submit them to the Registrar General with the request, along with the prescribed documents that are in the child’s possession.
- If the Registrar General notes an annulment of a change of name under subsection 31.1 (9), the Registrar General may request that any person or child affected by the annulment submit the prescribed documents that are in the applicable person’s possession.
Complementary amendments to other Acts
The Bill amends various other Acts in order to reflect the new rules of parentage. This includes the following amendments:
- Amendments to remove references to persons being related by blood.
- Amendments to remove references to persons being the natural parents of a child.
- Amendments to the French version of Acts to use “membre de la famille” instead of “parent” as a translation of the English term “relative”.
- Amendments to the French version of Acts to amend the translation of “birth parent” (as opposed to adoptive parent) so that the French term refers instead to a parent “de naissance” (of birth) rather than “de sang” (of blood).
In addition, the Bill makes substantive amendments to several Acts respecting either parentage or name changes.
Change of Name Act
At present, if the Registrar General has registered a change of name of a person who is named as the mother, father or other parent on the birth registration of a child born in Ontario, the Registrar General is required to note the change on the child’s birth registration in certain circumstances. The Bill changes the reference to the mother, father or other parent to refer to a parent.
If the person requesting the notation of the change is not the child, the person must collect from the child all the prescribed documents that are in the child’s possession and submit them to the Registrar General with the request, along with the prescribed documents that are in the person’s possession. If it is the child who requests the notation of the change on the child’s birth registration, the child must submit to the Registrar General, with the request, the prescribed documents that are in the child’s possession, together with all the prescribed documents that the child is required to collect from a person for whom the Registrar General has registered a change of name and that are in the person’s possession. (Section 37)
Legislation Act, 2006
Section 68 of the Legislation Act, 2006 currently provides that gender-specific terms, when used in legislation, include both sexes. The section is re-enacted so that it provides that gender-specific terms refer to any gender. (Section 56)
Succession Law Reform Act
The Bill makes amendments to the Succession Law Reform Act to provide that, if specified conditions are met, a child conceived after the death of one of his or her parents is still a child and issue for the purposes of the Act. The conditions are specified in a new section 1.1 of the Act. Section 47 of the Act, which deals with the distribution of property of a person who dies intestate, is amended to provide that if the conditions are met, the posthumously-conceived child inherits as if he or she had been born during the lifetime of the deceased and had survived him or her. Sections 57 and 59 of the Act are amended so that, if the conditions are met, the posthumously-conceived child may be considered in a determination of whether adequate provision for the proper support of the dependants of a deceased person has been made. (Section 71)
Ontario Bill 28 Community Response 