C.C.S.M. c. A2
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| PART 1
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| INTERPRETATION AND ADMINISTRATION
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| 1
| (1)
| Definitions
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| (2)
| Determining appropriate child and family services agency
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| (3)
| Registered common-law relationship
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| 2
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| Purpose of the Act
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| 3
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| Best interests of child
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| ADMINISTRATION
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| 4
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| Director
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| 5
| (1)
| Duties of director
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| (2)
| Inspection powers
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| (3)
| General powers of director
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| (4)
| Delegation by director
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| 6
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| Proceedings re furnishing information prohibited
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| 7
| (1)
| Central adoption registry
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| (2)
| Information on registry
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| 8
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| Repealed
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| 9
| (1)
| Licence required for adoption agency
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| (1.1)
| Appeal to appeal board
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| (2)
| Appeal to appeal board
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| (3)
| Repealed
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| (4)
| Continuity of adoption services
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| PART 2
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| GENERAL ADOPTION PROVISIONS
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| 10
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| Adult may adopt a person
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| 11
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| Child to reside in Manitoba prior to adoption application
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| CONSENTS
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| 12
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| Consents required for adoption of permanent ward
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| 13
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| Consents required for other adoptions
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| 14
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| Effect of consent to be explained
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| 15
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| Certification of consents
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| 16
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| Time of execution of consent
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| 17
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| Affidavit of execution of consent
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| 18
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| Copy of consent to director
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| 19
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| Waiver of parent's consent
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| 20
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| Dispensing with consent of person 12 years of age or older
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| 21
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| Wishes of child under 12 to be taken into account
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| 22
| (1)
| Withdrawal of consent
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| (2)
| Child to be returned if consent withdrawn
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| 23
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| Consent executed outside Manitoba
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| DECLARATION OF PARENTAGE
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| 24
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| No placement pending declaration of parentage
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| 25
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| No adoption pending declaration of parentage
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| NOTICE TO BIRTH FATHERS
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| 26
| (1)
| Notice to birth father
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| (2)
| Giving notice
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| (3)
| Where notice not required
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| (4)
| Dispensing with notice of proposed adoption
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| APPLICATION FOR ADOPTION
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| 27
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| Service on person required to consent
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| 28
| (1)
| Surviving person may apply for order of adoption
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| (2)
| Order in names of surviving and deceased person
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| 29
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| Order where one applicant dies
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| ORDER OF ADOPTION
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| 30
| (1)
| Order of adoption
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| (2)
| Adoption order in prescribed form
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| (3)
| Surname of adopted child
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| (4)
| Distribution of order
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| STATUS OF ADOPTED CHILD
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| 31
| (1)
| Status of adopted child
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| (2)
| How relationships determined
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| (3)
| Reference in will or other document
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| (4)
| Application of section
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| (5)
| Exception where adoption by spouse or common-law partner
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| (6)
| Exception re prohibited marriages
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| (7)
| Other provisions do not affect right to inherit
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| ADOPTIONS OUTSIDE MANITOBA
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| 32
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| Adoptions outside Manitoba
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| OPENNESS AGREEMENTS
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| 33
| (1)
| Openness agreements
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| (2)
| When openness agreement made
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| (3)
| Consent of child 12 years and older
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| (4)
| Consideration of child's views
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| (5)
| Copy of agreement to director
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| FINANCIAL ASSISTANCE
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| 34
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| Financial assistance for a person adopting a child
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| PART 3
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| CATEGORIES OF ADOPTIONS
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| DIVISION 1
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| ADOPTION OF PERMANENT WARD
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| 35
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| Placement and adoption of permanent ward
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| 36
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| Application for placement
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| 37
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| Homestudy conducted
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| 38
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| Copy of homestudy
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| 39
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| Where applicant suitable
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| 40
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| Review by director
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| 41
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| Foster parent adoption
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| PLACEMENT OF CHILD
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| 42
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| Placement of child
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| 43
| (1)
| Manitoba placement preferred
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| (2)
| Proposed placement outside Manitoba
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| (3)
| Proposed placement outside of Canada
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| 44
| (1)
| Placement following voluntary surrender of guardianship
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| (2)
| Placement before agreement signed
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| (3)
| Withdrawal of voluntary surrender of guardianship
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| 45
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| Adoption placement agreement
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| 46
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| Date of placement
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| 47
| (1)
| Removal of child
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| (2)
| Director may review
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| 48
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| Supervision of placement
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| APPLICATION FOR ADOPTION ORDER
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| 49
| (1)
| Application for adoption order
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| (2)
| Time for making application
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| 50
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| Documents filed in support of application
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| DIVISION 2
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| PRIVATE ADOPTIONS
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| 51
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| Who may place
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| PLACING A CHILD FOR ADOPTION OUTSIDE OF MANITOBA
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| 52
| (1)
| Application to approve out of province placement
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| (2)
| Proposed placement within Canada
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| (3)
| Proposed placement outside of Canada
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| PLACING A CHILD FOR ADOPTION IN MANITOBA
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| 53
| (1)
| Receiving person to notify agency
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| (2)
| Form of notification
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| 54
| (1)
| Placing person to notify agency
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| (2)
| Form of notification
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| 55
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| Director may waive or extend time for notification
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| 56
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| Duties of agency
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| 57
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| Consideration of homestudy previously prepared
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| 58
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| Copy of homestudy
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| 59
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| Placement approved
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| 60
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| Placement not approved
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| 61
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| Review by director
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| WHEN CHILD MAY BE PLACED FOR ADOPTION
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| 62
| (1)
| Placement after consents given
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| (2)
| Exception
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| 63
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| Date of placement
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| 64
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| Supervision of placement following approval
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| APPLICATION FOR ADOPTION ORDER
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| 65
| (1)
| Application for order of adoption
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| (2)
| Extension of time
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| 66
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| Service of application for order of adoption
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| 67
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| Documents in support of application
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| 68
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| Order of judge
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| DIVISION 3
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| INTERCOUNTRY ADOPTIONS
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| ADOPTIONS WITHIN THE SCOPE OF THE HAGUE CONVENTION
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| 69
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| Hague Convention adoption
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| 70
| (1)
| Conversion of adoption
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| (2)
| Documents in support of application
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| ADOPTIONS OUTSIDE THE SCOPE OF THE HAGUE CONVENTION
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| 71
| (1)
| Application for placement from another country
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| (2)
| Provisions of Division 1 apply
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| 72
| (1)
| Application in another country
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| (2)
| Copy of homestudy
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| DIVISION 4
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| DE FACTO ADOPTIONS
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| 73
| (1)
| Application
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| (2)
| Consent
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| 74
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| Service of application
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| 75
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| Investigation by agency
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| 76
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| Documents in support of application
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| 77
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| Order of judge
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| DIVISION 5
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| EXTENDED FAMILY ADOPTIONS
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| 77.1
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| Definition of "applicant"
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| 78
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| Placement of a child with member of extended family
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| 79
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| Where director's approval required
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| 80
| (1)
| Applying for director's approval
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| (2)
| Proposed placement within Canada
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| (3)
| Proposed placement outside of Canada
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| 81
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| Application for order of adoption
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| 82
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| Service of application
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| 82.1
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| Investigation by agency
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| 83
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| Period of residence
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| 84
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| Time requirements
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| 85
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| Documents in support of application
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| 86
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| Repealed
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| 87
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| Order of judge
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| DIVISION 6
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| ADOPTION BY SPOUSE OR COMMON-LAW PARTNER OF CHILD'S PARENT
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| 88
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| Application
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| 89
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| Service of application
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| 90
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| Documents in support of application
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| 91
| (1)
| Report of agency
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| (2)
| Applicant's preference
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| 92
| (1)
| Application for access
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| (2)
| Access order
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| DIVISION 7
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| ADOPTION OF AN ADULT
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| 93
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| Application
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| 94
| (1)
| Conditions for adoption of adult
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| (2)
| Support during minority to be considered by judge
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| 95
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| Director not served
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| 96
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| Documents filed in support of application
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| 97
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| Effect of order
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| PART 4
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| CONFIDENTIALITY, DISCLOSURE AND THE POST-ADOPTION REGISTRY
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| 98
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| Definitions
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| 99
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| Conflict with other Acts
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| ADOPTION PROCEEDINGS
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| 100
| (1)
| Adoption proceedings closed to public
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| (2)
| Proceedings re offences
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| (3)
| Reporting not to identify persons involved
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| COURT RECORDS
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| 101
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| Court records are confidential
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| 102
| (1)
| Court order required to search court records
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| (2)
| Court may issue certified copy of order
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| ADOPTION RECORDS IN CUSTODY OR CONTROL OF DIRECTOR OR AGENCY
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| 103
| (1)
| Records of director or agency
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| (2)
| Records to be maintained separately
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| 104
| (1)
| Exception re disclosure of identifying information
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| (2)
| Exception re disclosure of non-identifying information
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| 105
| (1)
| Exception re disclosure for research purposes
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| (2)
| Agreement required
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| 105.1
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| Restriction on disclosure of vital statistics documents
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| 106
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| Protection from liability
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| CONTACT BY THE DIRECTOR
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| 107
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| Contact by the director
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| DISCLOSURE OF PRE-ADOPTION BIRTH REGISTRATIONS
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| Disclosure to Adult Adoptee Born in Manitoba and Adopted in Manitoba
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| 107.1
| (1)
| Application by adult adoptee born and adopted in Manitoba
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| (2)
| Disclosure of pre-adoption birth registration
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| (3)
| Exception — disclosure veto filed
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| (4)
| Exception — contact veto or preference filed
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| Disclosure to Adult Adoptee Born in Manitoba but Adopted Outside Manitoba
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| 107.2
| (1)
| Application by adult adoptee born in Manitoba but adopted outside Manitoba
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| (2)
| Disclosure of pre-adoption birth registration
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| (3)
| Exception — disclosure veto filed
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| (4)
| Exception — contact veto or preference filed
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| Disclosure to Parent of Adult Adoptee Born in Manitoba and Adopted in Manitoba
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| 107.3
| (1)
| Application by parent of adult adoptee born and adopted in Manitoba
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| (2)
| Disclosure of birth registration documents
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| (3)
| Exception — disclosure veto filed
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| (4)
| Exception — contact veto or preference filed
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| (5)
| Identifying information of adoptive parent removed
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| Disclosure to Parent of Adoptee Born in Manitoba but Adopted Outside Manitoba
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| 107.4
| (1)
| Application by parent of adoptee born in Manitoba but adopted outside Manitoba
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| (2)
| Disclosure of birth registration documents
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| (3)
| Exception — disclosure veto filed
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| (4)
| Exception — contact veto or preference filed
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| (5)
| Identifying information of adoptive parents removed
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| Disclosure Upon Application of Adopted Aboriginal Person
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| 107.5
| (1)
| Disclosure upon application by adopted aboriginal person
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| (2)
| Who may apply
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| (3)
| Director must give information
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| (4)
| Disclosure not affected by vetoes or preference
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| (5)
| Restrictions on use and disclosure of information
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| Summary of Birth Information for Adult Adoptee Not Born in Manitoba
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| 107.6
| (1)
| Application by adult adoptee not born in Manitoba
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| (2)
| Disclosure of summary of birth information
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| (3)
| Exception — disclosure veto filed
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| (4)
| Exception — contact veto or preference filed
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| DISCLOSURE OF ADOPTION ORDERS
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| 107.7
| (1)
| Disclosure of adoption order
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| (2)
| Copy of adoption order
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| GENERAL PROVISIONS
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| 107.8
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| Document not available
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| 107.9
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| General requirements for information
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| 108 to 111
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| Repealed
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| DISCLOSURE VETOES
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| 112
| (1)
| Disclosure veto
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| (2)
| Filing disclosure veto
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| (3)
| Statement filed with veto
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| (4)
| Non-identifying information given if veto filed
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| (5)
| Cancelling veto
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| (6)
| Veto terminates one year after death
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| (7)
| Effect of disclosure veto
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| CONTACT VETOES FILED UNDER FORMER ACT
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| 113
| (1)
| Contact vetoes under former Act
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| (2)
| Information given when veto filed
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| (3)
| Effect of contact veto
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| (4)
| Cancelling veto
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| (5)
| Prohibitions
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| CONTACT PREFERENCES
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| 113.1
| (1)
| Contact preference by adoptee or parent
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| (2)
| Filing contact preference
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| (3)
| Statement filed with contact preference
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| (4)
| Information given when preference filed
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| (5)
| Effect of contact preference
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| (6)
| Cancelling contact preference
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| (7)
| Prohibitions
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| POST-ADOPTION REGISTRY
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| 114
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| Post-adoption registry continued
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| 115
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| Purpose of registry
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| 116
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| Information on registry
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| 117
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| Disclosure of information from registry
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| Who May Register to Request a Search
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| 118
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| Request for search by adult adoptee
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| 118.1
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| Request for search by birth parents or siblings
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| 119
| (1)
| Request for search by adoptive parent or guardian
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| (2)
| Consent of adoptee required if 12 years or older
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| 119.1
| (1)
| Request for search if adoptee has died
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| (2)
| Request for search by grandparent if birth parent has died
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| (3)
| Proof of death
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| 119.2
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| Cancelling registration or search request
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| Limits on Search
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| 119.3
| (1)
| Limits on search
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| (2)
| Search of the registry
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| (3)
| Search if adoptee under 18
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| Search Results
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| 119.4
| (1)
| Director to advise of search results
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| (2)
| If persons wish to exchange information or be in contact
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| (3)
| If contact not desired
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| DISCLOSURE OF INFORMATION TO OTHER JURISDICTIONS
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| 119.5
| (1)
| Disclosure of information to other jurisdictions
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| (2)
| Information-sharing agreement
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| (3)
| Information safeguards
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| (4)
| Meaning of "personal information"
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| PART 5
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| OFFENCES AND PENALTIES
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| 120
| (1)
| Paying or accepting payment for an adoption
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| (2)
| Exception
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| 121
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| Placing child outside of Manitoba
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| 122
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| Identifying person involved in adoption proceeding
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| 123
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| Contravening a contact veto
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| 123.1
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| Contravening a contact preference
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| 124
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| Operating adoption agency without a licence
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| 125
| (1)
| Advertising
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| (2)
| Exception
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| 126
| (1)
| Penalty
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| (2)
| Continuing offence
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| (3)
| Offence by an officer, etc. of corporation
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| (4)
| Limitation period
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| PART 6
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| REGULATIONS
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| 127
| (1)
| Regulations
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| (2)
| Agency regulations
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| (3)
| Conflict with Corporations Act
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| (4)
| Application of regulations
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| PART 7
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| 128 to 130
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| Repealed
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| PART 8
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| CONSEQUENTIAL AMENDMENTS
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| 131 to 134
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| PART 9
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| C.C.S.M. REFERENCE AND COMING INTO FORCE
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| 135
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| C.C.S.M. reference
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| 136
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| Coming into force
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