Regulation - LGIC

Adoption and Adoption Licensing (LGIC)

Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Decision:
Regulation in force on April 30, 2018.
Analysis of Regulatory Impact:
As part of its obligations under the Reducing Regulatory Cost for Business Act, 2017 (RRCBA), the ministry has conducted the Regulatory Impact Analysis (RIA) to identify incremental direct compliance costs, including administrative costs, to for-profit child and youth service providers (businesses). Under the RRCBA, the ministry is required to report on total incremental administrative costs to businesses. The majority of child and youth service providers subject to the CYFSA are not-for-profit service providers and are not included in this analysis.

The proposed regulatory provisions identified in this posting fall under the General Consolidated LGIC regulation (O. Reg. 155/18). Total annual incremental administrative costs to businesses associated with the General Consolidated LGIC regulation as a whole are estimated to be $480,000.
Further Information:
Proposal Number:
Posting Date:
December 12, 2017
Summary of Proposal:
Adoption: The majority of the provisions in Regulations 70 and 71 under the Child and Family Services Act (CFSA) concerning adoption are proposed to be remade in a regulation under the CYFSA with minor changes (e.g. updating references to provisions in the CFSA with references to the corresponding provisions in the CYFSA). Some provisions of the adoption regulation to be made under the CYFSA will differ from provisions of Regulations 70 and 71 made under the CFSA in order to align with requirements and terminology of the CYFSA.

It is proposed that the adoption regulations to be made under the CYFSA, contain similar provisions to those in Regulation 70 dealing with:

• The placement of children for adoption.
• The obligations of licensees with respect to the provision of counselling, homestudy assessment of prospective adoptive parents, supervision of adoption placement, and access to professional services.
• The records and reports to be made by licensees.
• Expenses of licensees.

The proposed regulation to be made under the CYFSA reflects the CYFSA provisions regarding intercountry adoption and in particular relative intercountry adoption, where a child is placed with his/her relatives outside of Canada.

The proposed regulations under the CYFSA will require all adoption placements outside of Canada, including relative adoption to ensure the following:
• That the child is placed for adoption outside of Canada only under special circumstances described in the regulations.
• That the placement plan is presented to a Director for approval or refusal in accordance with the Act.
• That a child may not be removed from Canada or placed for adoption outside of Canada until the 21-day period for withdrawing a parental consent has expired.
• That a child who is 7 years of age or more will not be placed for adoption and removed from Canada or placed for adoption outside of Canada unless the child consents to the placement.

It is also proposed that provisions that reference the term "social worker" in adoption-related regulations will be revised in the regulations to be made under the CYFSA so that Children's Aid Socieities (societies) and adoption licensees can arrange to have the home of the prospective adoptive parents visited by persons other than social workers. It is also proposed that the provision requiring an adoption agency (i.e. a children's aid society or a licensee) to have access to a social worker be updated to align with the Social Work and Social Service Work Act, 1998.

Adoption Licensing: It is proposed that the regulation pertaining to adoption licensing be separate from regulation regarding children's residential licensing and that it contain provisions similar to those in Regulation 70 that currently apply to adoption licensing.

The regulation proposes that:
• There is no fee payable on an application for a licence or for renewal of a licence.
• The duration of a licence is not to exceed one year.
• A licence or a provisional licence to place children for adoption shall be kept on the premises of the licensee and shall be available for inspection by any person.

The draft regulations may be posted as an attachment on the regulatory registry at a later date.
Contact Address:
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
Effective Date:
April 30, 2018