First

Session, 50th General Assembly

Elizabeth II, 2021

BILL 7

AN ACT TO AMEND THE

VITAL STATISTICS ACT, 2009

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SARAH

STOODLEY

Minister of Digital

Government and Service Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Vital

Statistics Act, 2009 to

allow the registrar general to

issue birth, marriage or death certificates or certified copies of the

registration of birth, marriage or death to designated agents;

provide the Lieutenant-Governor

in Council with the authority to make regulations prescribing the criteria for persons

to be designated agents for the purposes of obtaining birth, marriage or death certificates

or certified copies;

provide that where one or both

parties to a marriage are dead, the registrar general may issue a certificate of

marriage or certified copy of registration of marriage to the child, parent or executor

or administrator of the deceased party's estate, or to another relative of the

deceased party where there is no child or parent; and

remove the requirement for

written approval of the minister to disclose a cause of death on a certificate

or registration of death or to issue a certified copy of registration of death

respecting a death occurring less than 50 years ago.

A BILL

AN ACT TO AMEND THE VITAL STATISTICS ACT,

Analysis

S.2 Amdt.

Interpretation

S.30 Amdt.

Birth certificate

S.31 Amdt.

Marriage certificates

S.32 Amdt.

Death certificates

S.43.1 Added

Regulations

6. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2009 cV-6.01

as amended

Section 2 of the Vital Statistics Act, 2009 is amended by adding immediately after

paragraph (

h) the following:

(h.1) "designated agent" means a person who

meets the criteria prescribed in the regulations;

2. (1) Paragraph 30(2)(

d) of the Act is repealed

and the following substituted:

(

d) a designated agent of a person referred

to in paragraph (a), subparagraph (b)(

i) or subparagraph (c)(i);

(2) Paragraph 30(2.1)(

c) of the Act is repealed

and the following substituted:

(

c) a designated agent of a person referred to in

paragraph (

a) or (b);

3. (1) Paragraph 31(2)(

b) of the Act is repealed

and the following substituted:

(

b) where one or both of

the parties to the marriage are dead,

(

i) a child of the

deceased party,

(ii) a parent of the

deceased party, or

(iii) the executor or

administrator of the estate of the deceased party;

(2) Paragraph 31(2)(

c) of the Act is repealed and

the following substituted:

(

c) a designated agent of a person referred to in

paragraph (

a) or (b); or

(3) Section 31 of the Act is amended by adding

immediately after subsection (2) the following:

(2.1) Notwithstanding paragraph (2)(b), where one or both of the parties to the marriage are dead

and where there is no child or parent of the deceased party, the registrar

general may issue a certificate of marriage, or a certified copy of the

registration of the marriage, to another relative of the deceased party.

4. (1) Paragraph 32(4)(

b) of the Act is repealed

and the following substituted:

(

b) the cause of death

is disclosed on the written authorization of the registrar general or on the order

of a court.

(2) Subsection 32(5) of the Act is repealed and

the following substituted:

(5) With respect to a death that occurred less

than 50 years ago, the registrar general may issue a certified copy or

photographic print of the registration of death only to the following persons:

(

a) a spouse, cohabiting

partner, adult child, parent or sibling of the deceased;

(

b) the executor or

administrator of the estate of the deceased;

(

c) a designated agent of a person referred to in

paragraph (

a) or (b);

(

d) a person who

satisfies the registrar general that it is required for an application to

disinter a body under the Exhumation Act ; or

(

e) a person on the

order of a court.

5. The Act is amended by adding immediately after

section 43 the following:

Regulations

43.1 The

Lieutenant-Governor in Council may make regulations

(

a) prescribing the criteria for designated agents;

(

b) defining a word or

expression that is used but not defined in this Act; and

(

c) generally to give

effect to the purpose of this Act.

Commencement

6. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Queen's Printer