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B.C. Reg. 291/96
O.C. 1226/96
Deposited November 4, 1996
effective November 4, 1996

Adoption Act; Financial Administration Act

Adoption Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 102/2014, May 30, 2014]

Point in Time

Contents
Part 1 — Interpretation
 1 Definitions
 2 Residency
Part 2 — Placement for Adoption
 3 Requirements of a homestudy
 4 Biological family medical and social history report
 5 Designated representatives
 6 Notice of direct placement
 7 Requirements of a pre-placement assessment
 8 Notice of placement
 9 Consent to adoption
 10 Expenses of the birth mother
 10.1 Promotion of a child
 11 Notice to pre-adoption parents or guardian respecting placement of a child
Part 3 — Parents' Registry
 12 Parents' registry
 13 Application for registration on the parents' registry
 14 Request for a search of the parents' registry
 15 Notice to persons registered on the parents' registry
Part 4 — Court Proceedings
 16 Report on a younger child's views
 17 Birth mother, pre-adoption parent or guardian expenses affidavit
 18 Post-placement report
Part 5 — Openness and Disclosure
 19 Post-adoption openness registry
 20 Incapacity of adopted person or pre-adoption parent to file veto or no-contact declaration
 21 Form of undertaking
 22 Passive reunion registry
 23 Eligibility to register for the exchange of identifying information
 24 Assistance in locating an adopted person, pre-adoption parent or sibling
 25 Remission of fees
Part 6 — Post-Adoption Assistance
 26 Definitions
 27 Eligibility for financial assistance or other assistance
 27.1 Repealed
 28 Kinds of financial assistance and other assistance available
 29 Assistance agreement
 30 Repealed
 30.1 Financial assistance continued
Part 7 — Hague Convention on Intercountry Adoptions
 31 Requirement to give notice of placement
 32 Requirement to give notice of application
 33 Application to convert an adoption
Part 8 — Administrative
 34 Forms
 35 Transitional
Schedule 1
Schedule 1A
Schedule 1B
Schedule 2
Schedule 3

Part 1 — Interpretation

Definitions

1  In this regulation:

"aboriginal agency" means a society registered under the Society Act that has

(a) at least one employee who is a delegate of a director under section 77 of the Act, and

(b) at least one employee who is a delegate of a director of child protection;

"Act" means the Adoption Act;

"criminal record check" means a record obtained from a police agency by each prospective adoptive parent and, if applicable, by any other adult person living in the household of the prospective adoptive parent, stating whether or not that person has any conviction or has been charged under any federal or provincial enactment;

"former Act" means the Adoption Act, R.S.B.C. 1979, c. 4;

"health care provider" has the same meaning as in section 27 (4) of the Act;

"homestudy" means

(a) an assessment of the prospective adoptive parents, and

(b) an educational component of the assessment referred to in paragraph (a) to prepare the prospective adoptive parents in meeting the needs of the child to be adopted;

"pre-placement assessment" means a summary assessment of the prospective adoptive parents in a direct placement;

"prior contact check" means a record obtained from the ministry with respect to each person living in the household of the prospective adoptive parent stating whether or not the ministry's records show a prior contact with that person;

"social worker" means,

(a) in the case of an adoption agency, a person who

(i)   is employed by or under contract to the adoption agency, and

(ii)   is registered by the British Columbia College of Social Workers, or

(b) in the case of the ministry or an aboriginal agency, a person employed by the ministry or aboriginal agency who

(i)   is a delegate of a director under section 77 of the Act, and

(ii)   has

(A)  a Bachelor of Social Work degree or a Master of Social Work degree, or

(B)  in the opinion of the director, qualifications and experience in social work acceptable to the director.

[am. B.C. Regs. 362/2003, s. 1; 350/2005, Sch. 3, s. 1; 350/2012, Sch. s. 1; 102/2014, s. 1.]

Residency

2  (1) In this section, "reside" means to have a place that is a permanent place of abode to which, whenever absent, the person intends to return.

(2) For the purpose of section 5 (2) of the Act, a person is a resident of British Columbia if

(a) the person has continuously resided in British Columbia for at least 6 months immediately preceding the placement of the child, or

(b) the person has continuously resided in British Columbia for less than 6 months immediately preceding the placement of the child but has been approved as a prospective adoptive parent under the laws of another jurisdiction in Canada.

(3) For the purpose of section 29 (3) of the Act, a person is a resident of British Columbia if

(a) the person has continuously resided in British Columbia for at least 6 months immediately preceding the application to the court to adopt a child, or

(b) the person has continuously resided in British Columbia for less than 6 months immediately preceding the application to the court to adopt a child but has come to British Columbia

(i)   to co-habit with an adult person who has continuously resided in British Columbia for the 6 month period immediately preceding the application, and

(ii)   to adopt the child of that adult person.

(4) A person does not cease residing in British Columbia by leaving British Columbia for temporary purposes or for purposes of employment.

Part 2 — Placement for Adoption

Requirements of a homestudy

3  (1) For the purposes of sections 6 (1) (b) and 48 (2) (c) of the Act, a homestudy of the prospective adoptive parents respecting their ability to provide for the physical and emotional needs of a child must be prepared by a social worker and must consider and provide for all of the following:

(a) how the prospective adoptive parents' reasons for adopting a child might affect their ability to meet the needs of the child;

(b) whether there is or was drug or alcohol use on the part of the prospective adoptive parents, or any member of the household of the prospective adoptive parents, that might limit their ability to protect, nurture and care for the child;

(c) whether the prospective adoptive parents, or any member of the household of the prospective adoptive parents, have had a child in their care that was found to be in need of protection;

(d) how the physical and mental health of the prospective adoptive parents impacts on their ability to meet the needs of the child;

(e) whether the prospective adoptive parents' life experiences might limit or strengthen their ability to parent a child who is added to the family through adoption;

(f) the developmental, social and behavioral progress of any other child or children of the prospective adoptive parents that relates to the prospective adoptive parents' ability to understand, accept and meet the needs of a child and the compatibility between the child or children in the home and the child to be adopted;

(g) the prospective adoptive parents' understanding of the child's cultural, racial, linguistic and religious heritage and their willingness to help the child appreciate and integrate that heritage;

(h) the prospective adoptive parents' attitude about facilitating communication or maintaining relationships with the child's pre-adoption family or with any other person who has established a relationship with the child;

(i) the prospective adoptive parents' ability to provide stable and continuous care of the child;

(j) a description of the prospective adoptive parents' personalities, interests and values in order to identify the personal factors that may be helpful or limiting in meeting the needs of the child to be adopted;

(k) the results of a criminal record check that are relevant to the ability of the prospective adoptive parents to protect, nurture and care for the child;

(l) the results of a prior contact check that are relevant to the ability of the prospective adoptive parents to protect, nurture and care for the child;

(m) the results of a medical report from a health care provider attesting to the prospective adoptive parents' mental and physical health;

(n) any other factors that are relevant to the best interests of the child;

(o) a recommendation as to the prospective adoptive parents' ability to parent a child by adoption.

(2) In addition to the requirements of subsection (1), a homestudy of the prospective adoptive parents must include an educational component that prepares the prospective adoptive parents for all of the following:

(a) separation and loss issues respecting the pre-adoption parents, the prospective adoptive parents and the child to be adopted;

(b) the difference between adoptive and non-adoptive parenting;

(c) adoption as a life-long process and how it affects child and adult development;

(d) the impact of the child's life experiences;

(e) if applicable, inter-racial and cross-cultural adoption.

(3) If the prospective adoptive parents have applied to adopt a child with special needs, the educational component under subsection (2) must address the specific issues related to the special needs of the child.

(4) The homestudy required by subsection (1) must be in the form of a written report.

(5) An update of the homestudy must be provided to a director or the administrator by the prospective adoptive parents, once in each year after completion of the homestudy until a child has been placed for adoption with the prospective adoptive parents, setting out any change in information or additional information required by subsection (1).

(6) An update of the criminal record check and prior contact check must be provided to a director or the administrator by the prospective adoptive parents immediately prior to the placement of a child with those parents for the purposes of adoption.

(7) The information provided under subsections (5) and (6) must be attached to or incorporated into the homestudy and forms a part of the homestudy.

[am. B.C. Regs. 260/2001, s. (a); 350/2005, Sch. 3, s. 1; 350/2012, Sch. s. 2.]

Biological family medical and social history report

4  (1) For the purposes of sections 6 (1) (c) and 8 (2) (b) of the Act, a director or the administrator must, with respect to a child to be placed for adoption, obtain information about the medical and social history of the child and the child's biological family that includes, as practicable, all of the following:

(a) a physical description of the biological mother and biological father, and information about

(i)   the personality and personal interests of each of them,

(ii)   their cultural, racial and linguistic heritage, and

(iii)   their religious and spiritual values and beliefs;

(b) a detailed health history of the biological mother and biological father, including

(i)   the lifestyle of the biological parents respecting usage of tobacco, alcohol and prescription and non-prescription drugs,

(ii)   prenatal information respecting the birth mother, and

(iii)   any medical condition and other health information about the biological relatives of the biological parents that may be relevant to the child;

(c) a detailed social history of the biological mother and biological father, including

(i)   the relationship between the biological parents,

(ii)   details about any other child born to either of them,

(iii)   educational background and, if applicable, future educational plans,

(iv)   particulars respecting past, present and future employment, and

(v)   family background information about the parents and the sisters and brothers of each biological parent;

(d) the reason why the biological parents have decided to make an adoption plan for the child;

(e) a physical description of the child, and information about

(i)   the personality, behaviour and personal interests of the child, and

(ii)   the cultural, racial, linguistic and religious heritage of the child;

(f) a detailed health history of the child, including

(i)   the birth medical,

(ii)   a history of the physical growth and development of the child,

(iii)   the results of any past medical reports from a health care provider about the child's physical and mental health, and

(iv)   the results of a current medical report about the child's physical and mental health;

(g) a detailed social history of the child's life experiences, including

(i)   where the child has lived, who parented the child and the period of time the child lived with each of those persons,

(ii)   the child's relationship with biological family, caregivers and peers, and

(iii)   the child's educational background and current level of education;

(h) the child's understanding and views about an adoption plan for the child.

(1.1) For the purpose of placing a child for adoption under section 4 (2) of the Act, a director is not required to obtain the information described in subsection (1) (d) of this section.

(2) For the purpose of section 48 (2) (b) and (3) of the Act, the information about the medical and social history of the child and the child's biological family must include those matters in subsection (1) as are reasonably practicable.

(3) The information required by this section must be in the form of a written report.

[am. B.C. Regs. 350/2005, Sch. 3, s. 1; 350/2012, Sch. s. 3; 102/2014, s. 2.]

Designated representatives

5  (1) For the purpose of section 7 (1) (a) of the Act, the designated representative of an Indian band is as follows:

(a) if the band is named in Column 1 of Schedule 1, a person who holds a position listed opposite in Column 2;

(b) if the band is not named in Column 1 of Schedule 1, a person who

(i)   holds the position of band manager,

(ii)   holds the position of social development officer, or

(iii)   if there is neither a band manager nor a social development officer, holds an equivalent position.

(2) For the purpose of section 7 (1) (a.1) of the Act, the designated representative of the Nisga'a Lisims Government is a person who holds the position listed in Schedule 1A.

(2.1) For the purpose of section 7 (1) (a.2) of the Act, the designated representative of a treaty first nation named in Column 1 of Schedule 1B is a person who holds the position listed opposite in Column 2.

(3) For the purpose of section 7 (1) (b) of the Act, the designated representative of an aboriginal community named in Column 1 of Schedule 2 is a person who holds a position listed opposite in Column 2.

[en. B.C. Reg. 331/2002, App. 1, s. 1; am. B.C. Reg. 52/2011, s. 1.]

Notice of direct placement

6  (1) For the purpose of section 8 (1) of the Act, the Notice of Intent to Receive a Child by Direct Placement must be made in Form 1 of Schedule 3.

(2) A notice under subsection (1) is deemed to be given when the notice is received by, and completed to the satisfaction of, a director or the administrator.

[am. B.C. Reg. 350/2005, Sch. 3, s. 1.]

Requirements of a pre-placement assessment

7  (1) For the purpose of section 8 (2) (d) of the Act, a pre-placement assessment of the prospective adoptive parents respecting their ability to provide for the physical and emotional needs of a child must be prepared by a social worker and must consider and provide for all of the following:

(a) how the prospective adoptive parents' reasons for adopting a child might affect their ability to meet the needs of the child;

(b) whether there is or was drug or alcohol use on the part of the prospective adoptive parents, or any member of the household of the prospective adoptive parents, that might limit their ability to protect, nurture and care for the child;

(c) whether the prospective adoptive parents, or any member of the household of the prospective adoptive parents, have had a child in their care found to be in need of protection;

(d) any physical and mental health problems that might limit the prospective adoptive parents' ability to protect, nurture and care for the child;

(e) the developmental, social and behavioral progress of any other child or children of the prospective adoptive parents that relates to the prospective adoptive parents' ability to protect, nurture and care for the child to be adopted and to the compatibility between the child or children in the home and the child to be adopted;

(f) the prospective adoptive parents' understanding of the child's cultural, racial, linguistic and religious heritage and their willingness to help the child appreciate and integrate that heritage;

(g) the results of a criminal record check that are relevant to the ability of the prospective adoptive parents to protect, nurture and care for the child;

(h) the results of a prior contact check that are relevant to the ability of the prospective adoptive parents to protect, nurture and care for the child;

(i) the results of a medical report from a health care provider attesting to the prospective adoptive parents' mental and physical health;

(j) any other factors that are relevant to the best interests of the child.

(2) The pre-placement assessment required by subsection (1) must be in the form of a written report.

Notice of placement

8  For the purpose of section 12 (1) of the Act, the notice of placement must state

(a) the date that the child was taken into the home of the prospective adoptive parents for the purposes of adoption, and

(b) that the prospective adoptive parents intend, at the end of the 6 month period following the date referred to in paragraph (a), to apply to the Supreme Court of British Columbia to adopt the child.

Consent to adoption

9  (1) For the purpose of section 16 (1) of the Act, the affidavit of consent to adoption of a child in British Columbia by a person resident in British Columbia must be made using the following forms:

(a) the Consent to Adoption by Parent or Guardian, in Form 2 of Schedule 3;

(b) the Consent to Adoption by Child Twelve or Over, in Form 3 of Schedule 3;

(c) the Consent to Adoption by Director of Child Protection, in Form 3.1 of Schedule 3.

(2) The affidavit of consent referred to in subsection (1) must be fully explained to the person giving the consent by

(a) a social worker, or

(b) a lawyer who is registered to practise law in the jurisdiction where the consent is taken.

(3) Subsection (2) does not apply if

(a) the consent is given by a director of child protection, and

(b) the child is in the continuing custody of the director of child protection or the director of child protection is the child’s personal guardian under section 51 of the Infants Act.

(4) The person who takes the affidavit must ensure that the person who gives the consent

(a) appears to have signed the consent to adoption freely and voluntarily, and

(b) was informed about and appears to understand the effect and meaning of the consent.

[am. B.C. Reg. 102/2014, s. 3.]

Expenses of the birth mother

10  (1) For the purposes of section 84 (2) (a) of the Act, a birth mother may receive payment from a prospective adoptive parent for the following expenses:

(a) the cost of reasonable accommodation for the birth mother and child if the accommodation is directly related to the physical transfer of a child being placed for adoption;

(b) the cost of medical services related to the birth of a child who is being placed for adoption if the coverage is not available to the birth mother from any other source;

(c) reasonable transportation costs associated with medical services, appointments and the physical transfer of a child who is being placed for adoption.

(2) Section 84 (1) of the Act does not apply to a pre-adoption parent or guardian who receives from a prospective adoptive parent payment of expenses for the cost of counselling services for one or all of the pre-adoption parents or the guardian respecting the decision to enter into an adoption plan for a child.

[am. B.C. Reg. 350/2012, Sch. s. 4.]

Promotion of a child

10.1  (1) For the purpose of section 85 (2) (e) of the Act and subject to subsection (2), the restrictions on advertising dealing with the placement or adoption of a child do not apply to publication in the print or electronic media with respect to the availability of a child who

(a) is in the continuing custody of a director of child protection,

(b) is under the guardianship of a director under the Adoption Act, or

(c) is, pursuant to section 51 of the Infants Act, under the guardianship of a director of child protection.

(2) The advertising referred to in subsection (1) may

(a) provide a photograph of the child, and

(b) provide a non-identifying social profile of the child.

[en. B.C. Reg. 41/2001, s. 1; am. B.C. Regs. 350/2005, Sch. 3, s. 1; 350/2012, Sch. s. 5; 102/2014, s. 4.]

Notice to pre-adoption parents or guardian respecting placement of a child

11  (1) The director or the administrator must, with respect to a child to be placed or who is placed for adoption by either of them, make reasonable efforts to promptly notify the pre-adoption parents or the guardian who consented to the adoption of the child about the status of the placement in any of the following circumstances:

(a) after a notice of placement under section 12 of the Act has been received;

(b) after the termination of a placement because of a placement disruption;

(c) after it is determined that placement will not proceed in a home chosen by the pre-adoption parents or guardian;

(d) after it is determined that placement will not proceed because an adoption home for the child is not available.

(2) The notice required by subsection (1) must be given

(a) by personal service, or

(b) by certified or registered mail addressed to the pre-adoption parents or guardian at the last known address of any of them as determined from the records of a director or the administrator.

(3) This section does not apply if the pre-adoption parents or guardian have, in writing, advised the director or the administrator that notice is not required.

[am. B.C. Regs. 362/2003, s. 2; 350/2005, Sch. 3, s. 1; 350/2012, Sch. s. 6.]

Part 3 — Parents' Registry

Parents' registry

12  (1) A registry is established to be known as the parents' registry.

(2) The registry must provide for the recording and maintenance of

(a) the information required in an application for registration of a parent under section 13,

(b) the date or dates on which the application to register was received by the Provincial director and recorded in the parents' registry,

(c) the name of any person referred to in section 14 who makes a request to search the parents' registry if there is a proposed adoption of a child, and the date of the search request, and

(d) any other information the Provincial director determines is necessary for the orderly administration of the parents' registry.

[am. B.C. Regs. 350/2005, Sch. 3, s 2; 350/2012, Sch. ss. 8 and 9.]

Application for registration on the parents' registry

13  (1) For the purpose of section 10 (1) of the Act, a parent may, no later than 150 days after the date of the notice provided by a prospective adoptive parent under section 12 of the Act, register on the parents' registry to receive notice of a proposed adoption by submitting to the Provincial director a completed Application for Registration of Parent in Form 4 of Schedule 3.

(2) The application for registration under subsection (1) must

(a) be signed and dated by the applicant, and

(b) be accompanied by proof of identity of the applicant in the form of a copy of the applicant's birth certificate, driver's licence or passport.

(3) An applicant under subsection (1) is responsible for ensuring that

(a) the information provided in the application for registration is accurate, and

(b) the Provincial director is promptly notified respecting any change to the information provided for registration, including a change of address of the applicant.

(4) The Provincial director may examine the application that is submitted to ensure that

(a) the requirements of subsection (2) are met, and

(b) the information provided in the application is, in the opinion of the Provincial director, complete.

(5) The Provincial director must, within 5 days after receipt of the application for registration, send to the applicant a written acknowledgment that the application has been received.

(6) On acceptance of the application for registration, the Provincial director must record the information provided by the applicant on the parents' registry, and the registration is effective on the date of recording.

(7) On being satisfied

(a) that a transcription error or an omission exists with respect to information submitted to the parents' registry, and

(b) about the true facts to be recorded,

the Provincial director may correct the error or add the omitted information.

[am. B.C. Regs. 350/2005, Sch. 3, ss. 2 and 3; 350/2012, Sch. ss. 8 and 10.]

Request for a search of the parents' registry

14  The following persons may, on application to the Provincial director in the form and manner specified by the Provincial director, request a search of the parents' registry in respect of a proposed adoption:

(a) a social worker;

(b) an extra-provincial agency;

(c) a person entitled to practise law under the Legal Profession Act who represents a party to the adoption;

(d) a prospective adoptive parent in a direct placement who has given a notice of intent to receive a child into his or her home under section 8 (1) of the Act.

[am. B.C. Regs. 350/2005, Sch. 3, s. 2; 350/2012, Sch. s. 8.]

Notice to persons registered on the parents' registry

15  (1) For the purpose of section 10 of the Act, the notice of a proposed adoption to a person who is registered as a parent on the parents' registry must

(a) identify the registered parent by name, address and date of birth,

(b) identify by name and address the person who is giving the notice,

(c) advise that a parent or guardian intends to place the child for adoption, and

(d) state, as applicable, the expected date of birth of the child or the actual date of birth of the child.

(2) The notice required by subsection (1) must be given by certified or registered mail to any person identified as a parent on the parents' registry, sent to the last known address of that person as recorded on the parents' registry.

[am. B.C. Regs. 362/2003, s. 2; 350/2012, Sch. ss. 8 and 11.]

Part 4 — Court Proceedings

Report on a younger child's views

16  (1) For the purpose of section 30 (1) of the Act, the following persons are authorized to meet with a child to make the written report required by section 30 (2) of the Act:

(a) a social worker;

(b) a person approved for adoption work by the British Columbia College of Social Workers;

(c) a person registered as a medical practitioner under the Health Professions Act who is authorized to practice psychiatry;

(d) a person registered as a psychologist under the Health Professions Act.

(2) The report on a younger child's views must consider and provide for all of the following:

(a) the name and occupation of the person authorized by subsection (1) to meet with the child and write the report;

(b) confirmation that the person referred to in paragraph (a) met with the child at a place and in a manner that allowed the child to freely express his or her views;

(c) identifying information about the child and the prospective adoptive parents, and particulars respecting the interview;

(d) the child's understanding of the effect and meaning of adoption;

(e) the child's views on the proposed adoption and on any proposed change of the child's name;

(f) the child's views on maintaining relationships with other persons who are significant in the child's life.

[am. B.C. Regs. 270/2008, s. (d); 423/2008, App. s. 1; 350/2012, Sch. s. 12.]

Birth mother, pre-adoption parent or guardian expenses affidavit

17  (1) For the purpose of section 32 (e) of the Act, a prospective adoptive parent must complete and file with the court the Birth Mother, Pre-Adoption Parent or Guardian Expenses Affidavit in Form 5 of Schedule 3.

(2) Subsection (1) does not apply to a prospective adoptive parent if the child is placed with that prospective adoptive parent by a director of child protection.

[am. B.C. Regs. 260/2001, s. (b); 350/2012, Sch. s. 13; 102/2014, s. 4.]

Post-placement report

18  (1) For the purpose of section 33 (1) (b) of the Act, a post-placement report must be prepared by a social worker and must consider and provide for all of the following:

(a) the child's full name and birth date as recorded on his or her birth certificate, or evidence of facts relating to the child's birth;

(b) the date that the child was placed with the prospective adoptive parents;

(c) if there is an existing order for contact with a child or access to a child, any information or views pertaining to contact with the child or access to the child that may be helpful to the court in determining whether the order should continue or be terminated in accordance with the best interests of the child;

(d) if applicable, an explanation as to why the biological father's consent was not obtained.

(2) The post-placement report must confirm whether the requirements of sections 6, 8, 9, 13 and 48 (1) of the Act have been met for the type of adoption for which the prospective adoptive parents have made application.

(3) The information required by this section must be in the form of a written report.

[am. B.C. Reg. 350/2012, Sch. s. 14.]

Part 5 — Openness and Disclosure

Post-adoption openness registry

19  (1) A registry is established to be known as the post-adoption openness registry.

(2) A person referred to in section 60 (1) of the Act may, on application to the Provincial director in the form and manner specified by the Provincial director, register on the post-adoption openness registry an interest in making an openness agreement to facilitate communication or establish a relationship.

(3) The application for registration under subsection (2) must be accompanied by

(a) a copy of the birth certificate, or other identifying documentation acceptable to the Provincial director, of the person making the application, and

(b) any other information required by the Provincial director for the purpose of ascertaining the applicant's identity and relationship to the party with whom the applicant wishes to exchange information.

(4) The Provincial director may examine the application that is submitted

(a) to ensure that the requirements of subsection (3) are met and the information provided in the application is, in the opinion of the Provincial director, complete, and

(b) to determine whether

(i)   there is a record on file relating to the adopted person,

(ii)   the applicant was involved in a British Columbia adoption for which a director has a record, and

(iii)   the applicant is eligible to register on the post-adoption openness registry.

(5) On acceptance of the application for registration, the Provincial director must

(a) record the information provided on the post-adoption openness registry, and

(b) notify the applicant that the registration has been recorded.

(6) The registration under subsection (5) is effective on the date of recording.

(7) A person who is registered on the post-adoption openness registry must notify the Provincial director of any change of name or address recorded on the registry.

(8) On being satisfied

(a) that a transcription error or an omission exists with respect to information submitted to the post-adoption openness registry, and

(b) about the true facts to be recorded,

the Provincial director may correct the error or add the omitted information.

(9) A registration under this section is valid until one of the following occurs:

(a) the receipt by the Provincial director of a written notice of cancellation of registration sent to the Provincial director by the applicant;

(b) all requested matches have been met;

(c) the adopted person, whose adoptive parent has registered under this section, reaches the age of 18 years and files a disclosure veto or a no-contact declaration;

(d) the adopted person, whose adoptive parent has registered under this section, reaches the age of 19 years.

(10) If a registration is cancelled or is no longer valid under subsection (9), the Provincial director must promptly remove from the post-adoption openness registry all information received under this section.

[am. B.C. Reg. 350/2005, Sch. 3, ss. 1 to 3.]

Incapacity of adopted person or pre-adoption parent to file veto or no-contact declaration

20  If an adopted person or pre-adoption parent is incapable of filing a veto under section 65 of the Act or a no-contact declaration under section 66 of the Act, the veto or no-contact declaration may be filed by the following persons:

(a) on behalf of an adopted person who does not have a committee, by the adopted person’s parent or guardian if the parent or guardian has provided the registrar general with an affidavit of 2 medical practitioners setting forth their opinion that the adopted person is incapable of managing his or her affairs by reason of

(i)   mental infirmity arising from disease, age or otherwise,

(ii)   a genetic condition or hereditary condition, or

(iii)   disorder or disability of mind arising from the use of drugs;

(b) on behalf of an adopted person who has a committee, by the adopted person's committee;

(c) on behalf of a pre-adoption parent who has a committee, by the pre-adoption parent's committee.

[am. B.C. Regs. 362/2003, s. 3; 350/2012, Sch. s. 15; 102/2014, s. 5.]

Form of undertaking

21  For the purpose of section 66 (4) of the Act, a person who requests information from the registrar general about a person to whom a no-contact declaration relates must, on a form provided by the registrar general, undertake not to do any of the following:

(a) knowingly contact or attempt to contact the person who filed the no-contact declaration;

(b) procure another person to contact the person who filed the no-contact declaration;

(c) use information obtained under the Act to intimidate or harass the person who filed the no-contact declaration;

(d) procure another person to intimidate or harass, by the use of information obtained under the Act, the person who filed the no-contact declaration.

[am. B.C. Regs. 362/2003, s. 3; 102/2014, s. 5.]

Passive reunion registry

22  (1) A registry is established to be known as the passive reunion registry.

(2) A person referred to in section 69 of the Act may, on application to the Provincial director in the form and manner specified by the Provincial director, register on the passive reunion registry an interest in exchanging identifying information with a specified party.

(3) The application for registration under subsection (2) must be accompanied by

(a) a copy of the birth certificate, or other identifying information acceptable to the Provincial director, of the person making the application,

(b) an application fee of $25 payable to the minister responsible for the Financial Administration Act, and

(c) any other information required by the Provincial director for the purpose of ascertaining the applicant's identity and relationship to the party with whom the applicant wishes to exchange identifying information.

(4) The Provincial director may examine the application that is submitted

(a) to ensure that the requirements of subsection (3) are met and the information provided in the application is, in the opinion of the Provincial director, complete, and

(b) to determine whether

(i)   there is a record on file relating to the adopted person,

(ii)   the applicant was involved in a British Columbia adoption for which a director has a record, and

(iii)   the applicant is eligible to register on the passive reunion registry.

(5) On acceptance of the application for registration, the Provincial director must

(a) record the information provided on the passive reunion registry, and

(b) notify the applicant that the registration has been recorded.

(6) The registration under subsection (5) is effective on the date of recording.

(7) A person who is registered on the passive reunion registry must notify the Provincial director of any change of name or address recorded on the registry.

(8) On being satisfied

(a) that a transcription error or an omission exists with respect to information submitted to the passive reunion registry, and

(b) about the true facts to be recorded,

the Provincial director may correct the error or add the omitted information.

(9) A registration under this section is valid until one of the following occurs:

(a) the receipt by the Provincial director of a written notice of cancellation of registration sent to the Provincial director by the applicant;

(b) all requested matches have been met.

(10) If a registration is cancelled or is no longer valid under subsection (9), the Provincial director must promptly remove from the passive reunion registry all information received under this section.

[am. B.C. Reg. 350/2005, Sch. 3, ss. 1 to 4.]

Eligibility to register for the exchange of identifying information

23  For the purpose of section 69 (1) (b) of the Act, an adult relative of an adopted person includes the following persons:

(a) a person who has signed an acknowledgment of parentage;

(b) a person who has signed an unmarried parents agreement;

(c) a person who was interviewed by a social worker and verbally acknowledged parentage;

(d) a person who is, in the opinion of the Provincial director, clearly identified on the record as a parent.

[am. B.C. Regs. 350/2005, Sch. 3, s. 2; 350/2012, Sch. s. 16.]

Assistance in locating an adopted person, pre-adoption parent or sibling

24  (1) An adult person referred to in section 71 of the Act may, on application to the Provincial director in the form and manner specified by the Provincial director, apply for assistance in locating a pre-adoption parent, an adult adopted sibling, an adult pre-adoption sibling or an adult adopted child.

(2) The application under subsection (1) must be accompanied by

(a) a copy of the record obtained under section 63 or 64 of the Act or the consent referred to in section 71 (2) of the Act,

(b) a copy of the birth certificate, or other identifying information acceptable to the Provincial director, of the person making the application,

(c) an application fee of $25 payable to the minister responsible for the Financial Administration Act, and

(d) any other information required by the Provincial director for the purpose of ascertaining the applicant's identity and relationship to the party whom the applicant wishes to locate.

(3) The Provincial director may examine the application that is submitted to ensure that the requirements of subsection (2) are met and that the information provided in the application is, in the opinion of the Provincial director, complete.

(4) A person who has applied for a search under this section must notify the Provincial director of any change of name or address on record.

(5) Before the Provincial director begins action to locate a person, a person who has applied for a search under this section must pay a fee of

(a) $250 for assistance in locating the first person, and

(b) $180 for assistance in locating a second or subsequent person.

(6) An application for a search under this section remains in effect until one of the following occurs:

(a) the receipt by the Provincial director of a written notice of cancellation of the application sent to the Provincial director by the applicant;

(b) all requested searches have been undertaken.

(7) An applicant need not provide the fee referred to in subsection (2) (c) if the applicant has applied for registration on the passive reunion registry under section 22 and has paid the fee referred to in subsection (3) (b) of that section.

[am. B.C. Regs. 350/2005, Sch. 3, ss. 2 to 4; 350/2012, Sch. s. 17.]

Remission of fees

25  (1) Approval of the Lieutenant Governor in Council is given for the remission of the obligation to pay any fee under this Part if, in respect of the person who must pay the fee, the family unit of which that person is a part has, in the current calendar year, a before-tax annual income equal to or less than the low-income measures established by Statistics Canada for the most recent calendar year for family units of that size plus 10%.

(2) If a person must pay more than one fee under this Part, "fee" for the purpose of subsection (1) means the sum of all fees payable by that person under this Part.

[en. B.C. Reg. 47/2010, Sch. s. 1.]

Part 6 — Post-Adoption Assistance

Definitions

26  In this Part:

"designated child" means a child who

(a) is under the age of 19 years,

(b) is or was

(i)   in the continuing custody of a director of child protection,

(ii)   transferred to the care and custody of a director under the Adoption Act or former Act,

(iii)   under the personal guardianship of a director of child protection under section 51 of the Infants Act, or

(iv)   under the guardianship of a director under the Adoption Act,

(b.1) was, after November 4, 1996, adopted under the Adoption Act and is under the guardianship of a person who is a guardian under the Family Law Act,

(c) has

(i)   a special service need because of

(A)  a diagnosed physical disability or mental disability or both,

(B)  a diagnosed emotional disturbance or behavioral disturbance or both,

(C)  a recognized high risk of developing a physical disability or mental disability or both, or

(D)  a recognized high risk of developing an emotional disturbance or behavioral disturbance, or both, due to pre-natal or post-natal history, or

(ii)   a special placement need because

(A)  of the age of the child,

(B)  the child is a member of a family group that should be placed together, either jointly or successively,

(C)  the child has established significant emotional ties with a person who proposes to adopt the child, or

(D)  the child has cultural ties that require a culturally compatible placement or support, and

(d) is determined by a director to be a designated child,

and includes a child who is determined by a director under section 27 (4) to be a designated child.

[am. B.C. Regs. 41/2001, s. 2; 362/2003, s. 4; 350/2005, Sch. 3, s. 1; 47/2010, Sch. s. 2; 350/2012, Sch. s. 18; 102/2014, s. 6.]

Eligibility for financial assistance or other assistance

27  (1) A person is eligible for financial assistance or other assistance under section 80 of the Act if

(a) the person

(i)   proposes to adopt or has, after November 4, 1996, adopted a child who comes within paragraphs (a), (b) and (c) of the definition of "designated child", or

(ii)   is a guardian under the Family Law Act of a child who comes within paragraphs (a), (b.1) and (c) of the definition of "designated child", and

(b) has a demonstrated need for one or more of the services described in section 28 (1) (b) or (c).

(2) A person referred to in subsection (1) may apply to a director for financial assistance or other assistance on the form specified by the director.

(3) Repealed. [B.C. Reg. 47/2010, Sch. s. 3.]

(4) For the purposes of this section, a child who was adopted after November 4, 1996 and who is not a designated child may, on application by the adoptive parent to a director, be determined by a director to be a designated child if the conditions in paragraphs (a), (b) and (c) (i) of the definition of "designated child" can be demonstrated to have existed before the granting of an adoption order under section 35 of the Act.

[am. B.C. Regs. 350/2005, Sch. 3, ss. 1 and 6; 47/2010, Sch. s. 3; 350/2012, Sch. s. 19.]

Repealed

27.1  Repealed. [B.C. Reg. 47/2010, Sch. s. 4.]

Kinds of financial assistance and other assistance available

28  (1) Financial assistance or other assistance is available in respect of a designated child as follows:

(a) maintenance payments if the designated child comes within paragraph (c) (ii) (B), (C) or (D) of the definition of "designated child";

(b) direct service support or payment for services related to the special needs of the designated child;

(c) direct service support or payment for other service supports to the family, including one or more of the following:

(i)   homemakers;

(ii)   respite;

(iii)   parenting programs or other training;

(iv)   counselling;

(v)   adoption support and information services.

(2) Financial assistance is not available under this Part if the required service or assistance is available at no cost to the parent from another source.

(3) If the required service is available at a reduced cost to the parent from another source, the financial assistance available under this Part must not exceed the amount of the reduced cost.

(4) Financial assistance may be paid out in the form of one or more of the following:

(a) a lump-sum payment;

(b) payments made monthly or from time to time to meet special circumstances.

(5) Maintenance payments may vary, but must not exceed the basic rate for foster care.

(6) Payment for services related to the special needs of the designated child must not exceed the cost of services provided under the Child, Family and Community Service Act to a child in the care, custody or guardianship of a director of child protection.

(7) Financial assistance or other assistance may begin at the time of placement for adoption or at any time after that.

(8) Financial assistance or other assistance provided under this Part must be accounted for in a manner acceptable to the director.

[am. B.C. Regs. 362/2003, s. 5; 47/2010, Sch. s. 5; 102/2014, s. 7.]

Assistance agreement

29  Financial assistance or other assistance will not be provided under this Part until the applicant enters into a written assistance agreement with a director that sets out the financial assistance or other assistance to be provided and the conditions upon which it will be provided.

[am. B.C. Reg. 350/2005, Sch. 3, s. 1.]

Repealed

30  Repealed. [B.C. Reg. 365/98.]

Financial assistance continued

30.1  (1) In this section:

"agreement" means an agreement, or a renewal of an agreement, made under section 7 of B.C. Reg. 372/89, the Assisted Adoption Regulation, or renewed under section 30 (2) of this regulation as it read on November 4, 1998;

"maintenance payment" means a maintenance payment referred to in section 5 (1) (a) of B.C. Reg. 372/89, the Assisted Adoption Regulation;

"specific service payment" means a payment for services related to the special needs of a child referred to in section 5 (1) (b) of B.C. Reg. 372/89, the Assisted Adoption Regulation.

(2) Despite anything in this Part, if after November 4, 1996 an adoptive parent received maintenance under an agreement, the adoptive parent continues to be eligible to receive maintenance payments but only in accordance with sections 27 (2), 28 (4) (b), (5), (7) and (8) and 29.

(3) Despite anything in this Part, if after November 4, 1996 an adoptive parent of a designated child described in paragraph (c) (ii) (B), (C) or (D) of the definition of designated child in section 26 of this regulation did not receive but was entitled, if the parent had become eligible for maintenance in accordance with the income test, to receive maintenance under an agreement, that parent continues to be eligible to receive maintenance payments but only in accordance with sections 27 (2), 28 (4) (b), (5), (7) and (8) and 29.

(4) Despite anything in this Part, an adoptive parent who, after November 4, 1996, was in receipt of, or eligible to receive, specific service payments under an agreement, continues to be eligible, or is eligible, to receive specific service payments but only in accordance with sections 27 (2), 28 (2), (3), (4), (6), (7) and (8) and 29 and only for those services set out in section 28 (1) (b) and (c).

(5) Eligibility for maintenance payments under subsection (2) or (3) and for specific service payments under subsection (4) ends when the designated child reaches the age of 19 years.

[en. B.C. Reg. 365/98; am. B.C. Reg. 47/2010, Sch. s. 6.]

Part 7 — Hague Convention on Intercountry Adoptions

Requirement to give notice of placement

31  If an adoption that is being completed in British Columbia is subject to the provisions of the Convention, then, despite section 12 (2) of the Act, subsection (1) of that section applies to a prospective adoptive parent who is a relative of the child.

Requirement to give notice of application

32  If an adoption that is being completed in British Columbia is subject to the provisions of the Convention, then, despite section 31 (1) (a) of the Act, subsection (1) (a) of that section applies to a relative of the child.

Application to convert an adoption

33  (1) An application to the court under section 55 (1) of the Act for an order converting an adoption referred to in Article 27 of the Convention must include all of the following:

(a) proof that the required consents have been obtained;

(b) a certified copy of the adoption order granted in the State of origin;

(c) a certificate of conformity issued by the State of origin;

(d) a Convention letter of approval issued by the Provincial director;

(e) the child's birth registration or, if it cannot be obtained, evidence satisfactory to the court of the facts relating to the child's birth;

(f) if applicable, details of any orders for contact with a child or access to a child or orders dispensing with consents.

(2) If an application is made under subsection (1), then, despite section 32 of the Act, there is no requirement to file with the court the documents referred to in that section.

(3) On the court making an order converting an adoption under section 55 (1) of the Act, the applicant must forward to the Provincial director a copy of the order.

[am. B.C. Regs. 350/2005, Sch. 3, s. 2; 350/2012, Sch. s. 20.]

Part 8 — Administrative

Forms

34  The forms in Schedule 3 are prescribed for the purposes of the Act and this regulation.

Transitional

35  (1) For the purpose of sections 95, 97, 98 and 100 of the Act, a reference to the superintendent in respect of a matter referred to in any of those sections is deemed to be a reference to

(a) the person designated as Superintendent of Family and Child Service under the Family and Child Service Act, S.B.C. 1980, c. 11, if the matter occurred before January 29, 1996, or

(b) the person designated as director of adoption under the former Act, if the matter occurred after January 29, 1996 but before November 4, 1996.

(2) For the purpose of section 95 (2) of the Act, a reference to the superintendent is deemed to be a reference to

(a) the director, if the placement occurred on November 4, 1996 or between November 4, 1996 and January 15, 2006, and

(b) a director, if the placement occurred on or after January 16, 2006.

(3) A reference in the Assisted Adoption Regulation, B.C. Reg. 372/89, to the Director of Assisted Adoption is deemed to be a reference to

(a) the director, for the period November 4, 1996 to January 15, 2006, and

(b) a director, for any date on or after January 16, 2006.

(4) The requirements of section 3 (4) to (7) of this regulation apply to a homestudy completed before November 4, 1996.

(5) A homestudy commenced before November 4, 1996 and completed on or before February 4, 1997 is a valid homestudy for the purposes of the Act.

[am. B.C. Reg. 350/2005, Sch. 3, s. 8.]

Schedule 1

[en. B.C. Reg. 331/2002, App. 1, s. 2; am. B.C. Regs. 350/2005, Sch. 3, s. 9; 52/2011, s. 2; 53/2011, Sch. 1, s. 1.]

Designated Representative of First Nation

(section 5 (1))

Column 1

Indian Band
Column 2

Designated Representative


(section 7 (1) (a) of the Adoption Act)
Adams Lake First Nation First Nation Social Worker
Ahousaht First Nation First Nation Manager or Family Care Worker
Aitchelitz First Nation First Nation Manager, Social Development Officer or Equivalent
Alexandria First Nation First Nation Manager, Social Development Officer or Equivalent
Alexis Creek First Nation First Nation Social Worker
Ashcroft First Nation First Nation Manager, Social Development Officer or Equivalent
Beecher Bay First Nation First Nation Chief or First Nation Social Worker
Blueberry River First Nation First Nation Manager, Social Development Officer or Equivalent
Bonaparte First Nation First Nation Social Worker
Boothroyd First Nation First Nation Manager, Social Development Officer or Equivalent
Boston Bar First Nation First Nation Manager, Social Development Officer or Equivalent
Bridge River First Nation First Nation Manager, Social Development Officer or Equivalent
Burns Lake First Nation First Nation Manager, Social Development Officer or Equivalent
Burrard First Nation Social Development Director
Campbell River First Nation First Nation Manager, Social Development Officer or Equivalent
Canim Lake First Nation First Nation Social Worker
Canoe Creek First Nation First Nation Manager, Social Development Officer or Equivalent
Cape Mudge First Nation First Nation Manager, Social Development Officer or Equivalent
Cayoose Creek First Nation First Nation Social Worker
Chawathil First Nation First Nation Social Development Worker
Cheam First Nation First Nation Manager, Social Development Officer or Equivalent
Chehalis First Nation First Nation Family Support Worker
Chemainus First Nation First Nation Social Worker
Cheslatta Carrier First Nation First Nation Social Worker
Coldwater First Nation Coldwater First Nation Social Services Coordinator
Columbia Lake First Nation First Nation Manager, Social Development Officer or Equivalent
Comox First Nation First Nation Manager, Social Development Officer or Equivalent
Cook's Ferry First Nation First Nation Social Development Coordinator or First Nation Manager
Cowichan First Nation Cowichan First Nation Administrator
Da'naxda'xw First Nation

(aka Tanakteuk First Nation)
First Nation Manager, Social Development Officer or Equivalent
Dease River First Nation First Nation Manager, Social Development Officer or Equivalent
Ditidaht First Nation First Nation Social Development Worker or Family Care Worker
Doig River First Nation First Nation Social Worker
Douglas First Nation First Nation Manager, Social Development Officer or Equivalent
Ehattesaht First Nation First Nation Manager
Esketemc First Nation

(aka Alkali Lake First Nation)
First Nation Manager, Social Development Officer or Equivalent
Esquimalt First Nation First Nation Manager, Social Development Officer or Equivalent
Fort Nelson First Nation First Nation Manager, Social Development Officer or Equivalent
Fountain First Nation

(aka Xaxli'p Nation)
Social Development Administrator
Gitanmaax First Nation First Nation Manager, Social Development Officer or Equivalent
Gitanyow First Nation First Nation Manager, Social Development Officer or Equivalent
Gitsegukla First Nation First Nation Manager, Social Development Officer or Equivalent
Gitwangak First Nation First Nation Manager, Social Development Officer or Equivalent
Glen Vowell First Nation First Nation Social Development Officer
Gwa'sala-Nakwaxda'xw First Nation First Nation Social Worker
Gwawaenuk First Nation

(aka Kwa-Wa-Aineuk First Nation)
First Nation Manager, Social Development Officer or Equivalent
Hagwilget Village First Nation Social Worker
Halalt First Nation First Nation Manager, Social Development Officer or Equivalent
Halfway River First Nation First Nation Manager, Social Development Officer or Equivalent
Hartley Bay First Nation First Nation Manager, Social Development Officer or Equivalent
Heiltsuk Nation First Nation Social Worker or Executive Director
Hesquiaht First Nation First Nation Manager, Social Development Officer or Equivalent
High Bar First Nation First Nation Manager, Social Development Officer or Equivalent
Homalco First Nation First Nation Social Worker
Hupa¢asath First Nation

(aka Opetchesaht First Nation)
First Nation Office Manager
Iskut First Nation First Nation Manager, Social Development Officer or Equivalent
Kamloops First Nation First Nation Social Worker
Kanaka Bar First Nation First Nation Manager, Social Development Officer or Equivalent
Katzie First Nation First Nation Social Development Worker
Kispiox First Nation First Nation Social Worker
Kitamaat Village First Nation First Nation Social Development Administrator
Kitasoo First Nation First Nation Social Development Worker
Kitkatla First Nation First Nation Manager, Social Development Officer or Equivalent
Kitselas First Nation First Nation Social Development Officer
Kitsumkalum First Nation First Nation Social Worker
Klahoose First Nation First Nation Social Development Worker
Kluskus First Nation First Nation Manager, Social Development Officer or Equivalent
Kwadacha First Nation

(aka Fort Ware First Nation)
First Nation Manager, Social Development Officer or Equivalent
Kwakiutl First Nation First Nation Manager, Social Development Officer or Equivalent
Kwantlen First Nation First Nation Manager, Social Development Officer or Equivalent
Kwaw- Kwaw- Apilt First Nation First Nation Manager, Social Development Officer or Equivalent
Kwiakah First Nation First Nation Manager, Social Development Officer or Equivalent
Kwicksutaineuk-Ah-Kwaw-Ah-Mish First Nation First Nation Manager, Social Development Officer or Equivalent
Kwikwtlem First Nation

(aka Coquitlam First Nation)
First Nation Manager, Social Development Officer or Equivalent
Lake Babine Nation Lake Babine First Nation Chief
Lake Cowichan First Nation First Nation Manager, Social Development Officer or Equivalent
Lax-Kw'alaams First Nation First Nation Administrator
Leq'a:mel First Nation First Nation Manager, Social Development Officer or Equivalent
Lheidli T'enneh First Nation

(aka Lheit-Lit'en Nation)
First Nation Social Development Administrator
Little Shuswap Lake First Nation First Nation Social Worker
Lower Kootenay First Nation First Nation Manager, Social Development Officer or Equivalent
Lower Nicola First Nation First Nation Administrator
Lower Similkameen First Nation First Nation Social Worker
Lyackson First Nation First Nation Manager, Social Development Officer or Equivalent
Lytton First Nation First Nation Manager, Social Development Officer or Equivalent
Malahat First Nation First Nation Manager, Social Development Officer or Equivalent
Mamalilikulla First Nation

(aka Mamaleleqala Qwe'Qwa'Sot'Enox First Nation)
First Nation Manager, Social Development Officer or Equivalent
Matsqui First Nation Xyolhemeylh Portfolio Holder
McLeod Lake First Nation First Nation Manager, Social Development Officer or Equivalent
Metlakatla First Nation First Nation Social Worker
Moricetown First Nation First Nation Manager, Social Development Officer or Equivalent
Mount Currie First Nation First Nation Social Development Manager
Mowachaht/Muchalaht First Nation First Nation Manager, Social Development Officer or Equivalent
Musqueam First Nation First Nation Manager, Social Development Officer or Equivalent
N'Quatqua First Nation

(aka Anderson Lake First Nation)
First Nation Social Worker
Nadleh Whut'en First Nation First Nation Manager, Social Development Officer or Equivalent
Nak'azdli First Nation First Nation Social Development Director, Family Care Worker or Senior Manager
'Namgis First Nation First Nation Manager, Social Development Officer or Equivalent
Nanoose First Nation First Nation Manager, Social Development Officer or Equivalent
Nazko First Nation First Nation Counsellor
Nee-Tahi-Buhn First Nation First Nation Manager, Social Development Officer or Equivalent
Neskonlith First Nation First Nation Manager, Social Development Officer or Equivalent
New Westminster First Nation First Nation Manager, Social Development Officer or Equivalent
Nicomen First Nation First Nation Manager, Social Development Officer or Equivalent
Nooaitch First Nation First Nation Social Development Coordinator
North Thompson First Nation First Nation Social Worker or First Nation Manager
Nuchatlaht First Nation First Nation Manager, Social Development Officer or Equivalent
Nuxalk Nation First Nation Manager, Social Development Officer or Equivalent
Okanagan First Nation First Nation Social Services Supervisor
Old Massett Village First Nation First Nation Manager, Social Development Officer or Equivalent
Oregon Jack Creek First Nation First Nation Manager, Social Development Officer or Equivalent
Osoyoos First Nation First Nation Social Services Manager
Oweekeno Nation First Nation Manager, Social Development Officer or Equivalent
Pacheedaht First Nation First Nation Manager, Social Development Officer or Equivalent
Pauquachin First Nation First Nation Manager, Social Development Officer or Equivalent
Pavilion First Nation First Nation Social Development Worker
Penelakut First Nation First Nation Manager, Social Development Officer or Equivalent
Penticton First Nation First Nation Manager or First Nation Social Worker
Peters First Nation First Nation Manager, Social Development Officer or Equivalent
Popkum First Nation First Nation Manager, Social Development Officer or Equivalent
Prophet River First Nation

(aka Dene Tsaa Tse K'nai First Nation)
First Nation Manager, Social Development Officer or Equivalent
Qualicum First Nation First Nation Manager, Social Development Officer or Equivalent
Quatsino First Nation First Nation Social Worker
Red Bluff First Nation First Nation Manager, Social Development Officer or Equivalent
Saik'uz First Nation

(aka Stoney Creek First Nation)
First Nation Family Care Worker
Samahquam First Nation First Nation Manager, Social Development Officer or Equivalent
Saulteau First Nations First Nation Manager, Social Development Officer or Equivalent
Scowlitz First Nation First Nation Manager, Social Development Officer or Equivalent
Seabird Island First Nation First Nation Manager or Community Health Representative
Sechelt First Nation First Nation Chief or Councillor
Semiahmoo First Nation First Nation Manager, Social Development Officer or Equivalent
Seton Lake First Nation First Nation Social Development Worker
Shackan First Nation First Nation Social Development Coordinator
Shuswap First Nation First Nation Manager, Social Development Officer or Equivalent
Shxw'ow'hamel First Nation

(aka Ohamil First Nation)
First Nation Manager, Social Development Officer or Equivalent
Siska First Nation First Nation Manager or First Nation Social Worker
Skatin First Nation First Nation Manager, Social Development Officer or Equivalent
Skawahlook First Nation First Nation Manager, Social Development Officer or Equivalent
Skeetchestn First Nation First Nation Social Worker
Skidegate First Nation First Nation Social Worker
Skin Tyee First Nation First Nation Social Worker
Skowkale First Nation First Nation Chief
Skuppah First Nation First Nation Manager, Social Development Officer or Equivalent
Skwah First Nation Child and Family Services Portfolio First Nation Councillor
Skway First Nation First Nation Family Support Worker
Sliammon First Nation First Nation Social Worker
Snuneymuxw First Nation

(aka Nanaimo First Nation)
First Nation Manager, Social Development Officer or Equivalent
Soda Creek First Nation First Nation Manager, Social Development Officer or Equivalent
Songhees First Nation First Nation Social Worker
Soowahlie First Nation First Nation Councillor
Spallumcheen First Nation First Nation Manager, Social Development Officer or Equivalent
Spuzzum First Nation First Nation Manager
Squamish Nation First Nation Manager, Social Development Officer or Equivalent
Squiala First Nation First Nation Chief
St. Mary's First Nation First Nation Manager, Social Development Officer or Equivalent
Stella'ten First Nation First Nation Manager, Social Development Officer or Equivalent
Stone First Nation First Nation Manager, Social Development Officer or Equivalent
Sumas First Nation First Nation Community Development Coordinator or Education Coordinator
T'Sou-ke First Nation First Nation Manager, Social Development Officer or Equivalent
T'it'q'et First Nation

(aka Lillooet First Nation)
First Nation Social Worker
Tahltan First Nation First Nation Manager, Social Development Officer or Equivalent
Takla Lake First Nation First Nation Family Care Worker
Taku River Tlingit First Nation Social Program Manager
Tl'azt'en First Nation First Nation Family Care Worker
Tl'etinqox-T'in First Nation

(aka Anaham First Nation)
First Nation Child Care Worker
Tla-o-qui-aht First Nations First Nation Family Care Worker or Social Development Worker
Tlatlasikwala First Nation First Nation Manager, Social Development Officer or Equivalent
Tlowitsis First Nation

(Tlowitsis – Mumtagila)
First Nation Manager, Social Development Officer or Equivalent
Tobacco Plains First Nation First Nation Manager, Social Development Officer or Equivalent
Toosey First Nation First Nation Social Worker
Tsartlip First Nation First Nation Manager, Social Development Officer or Equivalent
Tsawataineuk First Nation First Nation Social Development Worker or Drug and Alcohol Counsellor
Tsawout First Nation First Nation Manager, Social Development Officer or Equivalent
Tsay Keh Dene First Nation First Nation Social Worker
Tseshaht First Nation First Nation Chief Executive Officer, Family Support Worker, or Social Development Worker
Tseycum First Nation First Nation Manager, Social Development Officer or Equivalent
Ts'kw'aylaxw First Nation First Nation Manager, Social Development Officer or Equivalent
Tzeachten First Nation First Nation Manager
Ulkatcho First Nation First Nation Manager, Social Development Officer or Equivalent
Union Bar First Nation First Nation Manager, Social Development Officer or Equivalent
Upper Nicola First Nation First Nation Social Worker
Upper Similkameen First Nation First Nation Manager, Social Development Officer or Equivalent
West Moberly First Nation First Nation Social Development Director
Westbank First Nation First Nation Manager, Social Development Officer or Equivalent
Wet'suwet'en First Nation

(aka Broman Lake First Nation)
First Nation Social Development Administrator
Whispering Pines/Clinton First Nation First Nation Social Service Worker
Williams Lake First Nation First Nation Social Worker
Xeni Gwet'in First Nation

(aka Nemaiah Valley First Nation)
First Nation Social Worker
Yakweakwioose First Nation First Nation Manager, Social Development Officer or Equivalent
Yale First Nation First Nation Manager, Social Development Officer or Equivalent
Yekooche First Nation First Nation Manager, Social Development Officer or Equivalent
First Nations not listed First Nation Manager, Social Development Officer or Equivalent Position

Schedule 1A

[en. B.C. Reg. 331/2002, App. 1, s. 2.]

Designated Representative of Nisga'a Lisims Government

(section 5 (2))

Column 1

(section 7 (1) (a.1) of the Adoption Act)
Director of Programs and Services

Schedule 1B

[en. B.C. Reg. 52/2011, s. 3; am. B.C. Reg. 53/2011, Sch. 1, s. 2.]

Designated Representative of a Treaty First Nation

(section 5 (2.1))

Column 1

Treaty First Nation
Column 2

Designated Representative


(section 7 (1) (a.2) of

the Adoption Act)
Huu-ay-aht First Nations Director of Human Services
Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations Director of Community Services
Toquaht Nation Director of Community Services
Tsawwassen First Nation Health and Social Services Manager
Uchuklesaht Tribe Director of Human Services
Ucluelet First Nation Director of Community Services

Schedule 2

[en. B.C. Reg. 331/2002, App. 1, s. 2; am. B.C. Reg. 350/2005, Sch. 3, s. 10.]

Designated Representative of Aboriginal Community

(section 5 (3))

Column 1

Aboriginal Community
Column 2

Designated Representative


(section 7 (1) (b) of the Adoption Act)
The Chetwynd and Region Aboriginal Community Executive Director of Tansi Friendship Centre
The Courtenay and Region Aboriginal Community Director, Wachiay Friendship Centre Society
The Dawson Creek and Region Aboriginal Community Program Manager of Dawson Creek Aboriginal Resources Society

OR

Executive Director of Nawican Friendship Centre
The Duncan and Region Aboriginal Community Executive Director of Hi'ye'yu Lelum House of Friendship
The Fort Nelson and Region Aboriginal Community Executive Director of Fort Nelson/Liard Friendship Society
The Fort St. John and Region Aboriginal Community Legal Information Worker of Keeginaw Friendship Centre
The Houston and Region Aboriginal Community Executive Director of Houston Friendship Centre
The Kamloops and Region Aboriginal Community Executive Director of Interior Indian Friendship Centre
The Kelowna and Region Aboriginal Community Executive Director of Central Okanagan Friendship Centre Society
The Lillooet and Region Aboriginal Community Executive Director of Lillooet Friendship Centre Society
The Merritt and Region Aboriginal Community Executive Director of Conayt Friendship Society
The Mission and Region Aboriginal Community Family Support Worker of Mission Indian Friendship Centre
The Nanaimo and Region Aboriginal Community Executive Director of Tillicum Haus Society
The Port Alberni and Region Aboriginal Community Executive Director of Port Alberni Friendship Centre
The Prince George and Region Aboriginal Community Executive Director of Prince George Friendship Centre
The Prince Rupert and Region Aboriginal Community Executive Director of Friendship House Association

of Prince Rupert
The Quesnel and Region Aboriginal Community Assistant Executive Director and Referral Worker or

First Nations Family Support Worker of Quesnel Tillicum Society
The Smithers and Region Aboriginal Community Executive Director of Dzel K'ant Indian Friendship Centre Society
The Terrace and Region Aboriginal Community Executive Director of Kermode Friendship Centre
The Vancouver and Region Aboriginal Community Executive Director of Vancouver Aboriginal Friendship Centre Society
The Vernon and Region Aboriginal Community Executive Director of First Nation Friendship Centre
The Victoria and Region Aboriginal Community Director of Social Programs, Victoria Native Friendship Centre
The Williams Lake and Region Aboriginal Community Executive Director of Cariboo Friendship Centre
Metis Community Executive Director of Metis Commission for Children and Family Services
The Kelly Lake Aboriginal Community located south-east of Pouce Coupe Chief of Kelly Lake First Nation Society
Liard River Reserve No. 3 located at Lower Post First Nation Manager
Eastern Arctic Inuit Community Chairperson of Social Development Council, Nanavut Social Development Council
Western Arctic Inuit Community Registrar of Enrolment, Inuvialuit Regional Corporation

Schedule 3

[am. B.C. Regs. 350/2005, Sch. 3, s. 11; 350/2012, Sch. ss. 21 to 25; 102/2014, s. 8.]

Form 1

(section 6 (1))

NOTICE OF INTENT TO RECEIVE A

CHILD BY DIRECT PLACEMENT

[Check one]

TO: [  ] Director of Adoption   [ ] Name of Agency .................................................................
  Address ...........................................................................     Address ...........................................................................

THIS WILL BE YOUR NOTICE that

.................................... [first applicant] and ................................. [second applicant] who reside at ................................. in the city/town of ............................. in the Province of British Columbia intend to receive a .......................... [sex] child into my/our home for the purposes of adoption.

The child ......................................... [legal name] was born on ................................ [date of birth] at .......................................... [city/town] ................................................. [province/state/country].

If known, complete as much of the following information as possible:

The pre-adoption parents are:

Full name Full address

(city/town/province/state/country)
Telephone number

including area code
     
     
     
     

If the child you intend to receive is not yet born, please indicate approximate date of birth .............................................. .

Circumstances regarding proposed placement. How you came to know about the child proposed for adoption:

......................................................................................................................................................................

......................................................................................................................................................................

Dated ............................................. at ..........................................................................................................

First Applicant:

[Signature] ..................................................... [Name (please print)] .................................................

Second Applicant:

[Signature] ..................................................... [Name (please print)] ...............................................

Witness:

[Signature] ...................................................... [Address] ..............................................................

Legal authority for collection of this information is the Adoption Act, section 8 (1).

Form 2

(section 9 (1) (a))

This is the ........... [1st/2nd/3rd/etc.] affidavit of

....................................... [name] in this case and was

made on .............................................. [mmm/dd/yyyy]

 

Court File No.: .............................

Court Registry: .............................

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE MATTER OF THE ADOPTION ACT

IN THE MATTER OF A ............................ [male/female] CHILD

Birth Registration Number ...............................

A F F I D A V I T

Consent to Adoption by Parent or Guardian

I, ................................................................................................ [Name in full of person consenting] of ............................................... [Address], .................................................................................... [Occupation], swear (affirm) as follows:

  1. I am the ............................................................................................. [Parent/Guardian] of the child .............................................................................. [Name in full of child to be adopted] born on ...........................................[Date of birth - mmm/dd/yyyy] at ................................................ [Place of birth].
  2. The meaning and effect of adoption was fully explained to me by .......................................... [Name of social worker or lawyer].
  3. The circumstances under which I can revoke my consent were fully explained to me by ..................................................................... [Name of social worker or lawyer].
  4. I consent to the adoption of my child.
    OR
  * I consent to the adoption of my child by ........................................................... [Insert name of parent in direct placement].
  5. I am signing this consent freely and voluntarily.

(* Only applies to a direct placement)

SWORN (OR AFFIRMED) BEFORE ME  
at ................................................., British Columbia   )
on ................................................. [mmm/dd/yyyy].   )
    ) ................................................
    ) [Signature of person consenting]
    )
.......................................................................................   )
A commissioner for taking affidavits for British Columbia    
....[print name or affix stamp of commissioner]....    

Form 3

(section 9 (1) (b))

This is the ........... [1st/2nd/3rd/etc.] affidavit of

....................................... [name] in this case and was

made on .............................................. [mmm/dd/yyyy]

 

Court File No.: .............................

Court Registry: .............................

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE MATTER OF THE ADOPTION ACT

IN THE MATTER OF A ............................ [male/female] CHILD

Birth Registration Number ...............................

A F F I D A V I T

Consent to Adoption by Child Twelve or Over

I, .................................................................................................. [Name in full of child consenting] of ......................................................................................................................... [Address], swear (affirm) as follows:

  1. I am the child to be adopted by ..................................................... [Name of adopting parent/s].
  2. The meaning and effect of adoption was fully explained to me by ............................................................ [Name of social worker or lawyer].
  3. The circumstances under which I can revoke my consent were fully explained to me by ............................................................ [Name of social worker or lawyer].
  4. I consent to being adopted by the applicant/s.
  5. I am signing this consent freely and voluntarily.
  6. I do not consent to my name being changed.
    OR
    I consent to the change of my name to ............................................................................
SWORN (OR AFFIRMED) BEFORE ME  
at ................................................., British Columbia   )
on ................................................. [mmm/dd/yyyy].   )
    ) ................................................
    ) [Signature of person consenting]
    )
.......................................................................................   )
A commissioner for taking affidavits for British Columbia    
....[print name or affix stamp of commissioner]....    

Form 3.1

(section 9 (1) (c))

This is the ........... [1st/2nd/3rd/etc.] affidavit of

....................................... [name] in this case and was

made on .............................................. [mmm/dd/yyyy]

 

Court File No.: .............................

Court Registry: .............................

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE MATTER OF THE ADOPTION ACT

IN THE MATTER OF A ............................ [male/female] CHILD

Birth Registration Number ...............................

A F F I D A V I T

Consent to Adoption by Director of Child Protection

I, .................................................................................................................. [Name in full of person consenting], Director designated for the ............................................. [Region] of ........................................... [Director’s Address], ............................................. [Director’s City], British Columbia, swear (affirm) as follows:

  1. I am a director designated by the Minister under section 91 of the Child, Family and Community Service Act.
  2. I am the guardian of the child .............................................................................. [Name in full of child to be adopted] born on ................................................................. [Date of birth – mmm/dd/yyy] at ................................................ [Place of birth].
  3. Pursuant to section 50 (1) (a) of the Child, Family and Community Service Act, and section 13 of the Adoption Act, I consent to the adoption of .............................................................................. [Name in full of child to be adopted].
  4. I am signing this consent freely and voluntarily.
 
 
   
SWORN (OR AFFIRMED) BEFORE ME  
at ................................................., British Columbia   )
on ................................................. [mmm/dd/yyyy].   )
    ) ................................................
    ) [Signature of person consenting]
    )
.......................................................................................   )
A commissioner for taking affidavits for British Columbia    
....[print name or affix stamp of commissioner]....    

Form 4

(section 13 (1))

Provincial Director

of Adoption
APPLICATION FOR REGISTRATION

OF PARENT

APPLICANT'S INFORMATION:

Surname: ..................................................... Given names: .....................................................

Date of birth: .............................. Other known names: ...............................................................

Address: .................................................................................. Postal code: ............................

Phone number: ..............................................................

PRE-ADOPTION PARENTS' INFORMATION:

[Complete the following for each pre-adoption parent other than the parent who is making this application.]

Full name Date of birth Other known names (include maiden name) Address (include postal code/zip code and country) Phone number (include area code)
         
         
         
         

CHILD'S INFORMATION:

Surname: ..................................................... Given names: .....................................................

Gender: ..................................................... Date of birth: ..........................................................

Expected date of birth: ................................. Birth place: ............................................................

Address: .................................................................................. Postal code: .............................

Phone number: ..............................................................

Signature of applicant: .......................................................... Date: ........................................

1. Include a copy of birth certificate or driver's licence or passport.

2. Acknowledgment of receipt of your registration will be sent to the address provided on this registration form.

3. Mail to:

Provincial Director of Adoption

Parents' Registry

P.O. Box 9705

Stn. Prov. Govt.

Victoria, British Columbia

V8W 9S1

Offence

Section 86 of the Adoption Act states that a person must not make a statement that the person knows to be false or misleading in an application on the parents' registry. A person who contravenes this section commits an offence and is liable to a fine of up to $5 000.

Form 5

(section 17)

BIRTH MOTHER, PRE-ADOPTION PARENT

OR GUARDIAN EXPENSES AFFIDAVIT

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE MATTER OF THE ADOPTION ACT

AFFIDAVIT

I, ........................................................... [Name in full], ............................................ [Occupation], and ........................................................ [Name in full], ............................................ [Occupation], of ........................................................................................................................ [Street address] ...................................................................................... [City, Municipality, etc], British Columbia, swear (affirm) as follows:

  1. I/We are applying to adopt a ............................................ [Male/Female] child born on the

.................. day of .............. , 19 ......., Birth Registration Number .............................
  2. I/We have paid for or given to or on behalf of the birth mother, pre-adoption parent or guardian the following:
    Item Amount
    (a) accommodation .................................
    (b) medical services .................................
    (c) transportation .................................
    (d) counselling .................................
    (e) cost of gifts .................................
    Total .................................
  OR    
    I/We have not given to or on behalf of the birth mother, pre-adoption parent or guardian, either directly or indirectly, any payment or reward.
SWORN (OR AFFIRMED) BEFORE ME   )
at ................................................., British Columbia   )
on ................................................. [mmm/dd/yyyy].   )
    ) ................................................
    ) [Signature of person consenting]
    )
.......................................................................................   )
A commissioner for taking affidavits for British Columbia    
....[print name or affix stamp of commissioner]....    
SWORN (OR AFFIRMED) BEFORE ME   )
at ................................................., British Columbia   )
on ................................................. [mmm/dd/yyyy].   )
    ) ................................................
    ) [Signature of person consenting]
    )
.......................................................................................   )
A commissioner for taking affidavits for British Columbia    
....[print name or affix stamp of commissioner]....    

Note: this regulation replaces B.C. Regs. 278/78, 372/89, 257/91 and 290/91.

[Provisions relevant to the enactment of this regulation: Adoption Act, R.S.B.C. 1996, c. 5, section 91, 93; Financial Administration Act, R.S.B.C. 1996, c. 138, section 19]