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Bill 64, Awenen Niin Act (Who Am

I) Respecting Identity Documents, 2021

Monteith-Farrell, Judith

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Status

Debates

Acts affected

Original

Bill 64 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Photo Card Act, 2008 to provide

that no fee shall be charged to an applicant for a photo card. The Bill also

amends the Vital Statistics Act to provide that no

fee shall be charged in connection with registering a birth, adding to or

changing a birth registration, having a search made for the registration of a

birth or obtaining a birth certificate. No fee shall be charged in connection

with obtaining a certified copy of a registration of birth, change of name,

death or still-birth.

The

Vital Statistics Act is also amended to require the

Minister of Government and Consumer Services to establish an advisory

committee. The committee’s mandate is to make recommendations to end systemic

procedural and systemic barriers to obtaining personal identification documents

in Ontario. The committee is required to consult with all relevant

stakeholders, including, at minimum, the stakeholders specified in the Bill.

The committee is required to report its recommendations to the Minister. The

Minister is required to inform the Assembly of the recommendations the Minister

will implement.

Bill 64 2021

Act to amend the Photo Card Act, 2008 and the Vital Statistics Act respecting

access to identification documents

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Photo

Card Act, 2008

(1) Section 8 of the Photo Card Act, 2008

is repealed and the following substituted:

fee

No fee

shall be charged to an applicant for a photo card or to a holder of a photo

card for anything done or provided under this Act.

(2) The

the end of clause (

c) and striking out “or” at the end of clause (d).

(3) Clause

10 (1) (

e) of the Act is repealed.

(4) Subsection

17 (2) of the Act is repealed.

Vital

Statistics Act

(1) Subsection 15 (2) of the Vital Statistics

Act is amended by striking out “on payment of the required fee” at the

end.

(2) Subsection

30.1 (3) of the Act is amended by striking out “fee, if any, and”.

(3) Clause

31 (1) (

b) of the Act is repealed and the following substituted:

(

b) the

Registrar General receives evidence that satisfies the Registrar General as to

the identity of the person and receives all prescribed documents that are in

the person’s possession and the applicant has requested the Registrar General

to note the change on the birth registration.

(4) Clause

31 (3) (

a) of the Act is amended by striking out “and pays the required fee, if

any”.

(5) Subsection

31 (7) of the Act is amended by striking out “and pays the required fee, if

any” at the end.

(6) Clause

31.1 (2) (

a) of the Act is amended by striking out “and pays the required fee,

if any”.

(7) Clause

31.1 (6) (

a) of the Act is amended by striking out “and pays the required fee,

if any”.

(8) Subsection

44 (1) of the Act is amended by striking out “and upon payment of the required

fee”.

(9) Subsection

44 (2) of the Act is amended by striking out “and upon payment of the required

fee”.

(10) Subsection

44 (4) of the Act is amended by striking out “and upon payment of the required

fee”.

(11) Subsection

44 (4) of the Act is repealed and the following substituted:

Change

of name certificate

(4) Upon

application, any person may obtain from the Registrar General a change of name

certificate in respect of any change of name of which there is a registration,

made after July 15, 1987, with the Registrar General.

(12) Subsection

45 (1) of the Act is amended by striking out “and upon payment of the required

fee” at the end.

(13) Subsection

48 (1) of the Act is repealed and the following substituted:

(1) Any

person may have a search made for the registration of any birth, death,

marriage, still-birth, adoption or change of name in the indexes kept under

this Act if that person applies and satisfies the Registrar General as to the

person’s reason for requiring the search.

(14) Subsection

48.2 (3) of the Act is amended by striking out “upon payment of any required

fee and”.

(15) The

Act is amended by adding the following sections:

fee — specified documents

54.1 No fee shall be set by

order or regulation under this Act, and no fee shall be collected, in

connection with,

(

a) registering

a birth;

(

b) adding

to or changing a birth registration;

(

c) having

a search made for the registration of a birth;

(

d) obtaining

a birth certificate; or

(

e) obtaining

a certified copy of a registration of birth, change of name, death or

still-birth.

Advisory

Committee on Efficient Identification Document Services

Advisory

Committee on Efficient Identification Document Services

54.2

(1) The

Minister of Government and Consumer Services shall, within 60 days after the Awenen Niin Act (Who Am

I) Respecting Identity Documents, 2021

receives Royal Assent, establish an advisory committee to be known as the

Comité consultatif de l'efficacité des services de délivrance des pièces

d'identité in French.

Composition

(2) The

committee shall be composed of persons the Minister believes will make useful

contributions to the committee’s work, including,

(

a) persons

who face or who have faced any form of barrier to obtaining personal

identification documents in Ontario;

(

b) service

providers and advocates who assist persons facing those barriers, including

representatives of community legal clinics from across Ontario and community

health centres from across Ontario; and

(

c) members

of academic research teams studying those barriers.

Same

(3) The

Minister shall make all reasonable efforts to ensure that the composition of

the committee reflects the diversity of the residents of Ontario and, in

particular, includes,

(

a) women;

(

b) Indigenous

people;

(

c) members

of racialized groups;

(

d) persons

with disabilities;

(

e) seniors;

(

f) persons

under the age of 30; and

(

g) persons

of diverse sexual orientation, gender identity and gender expression.

Remuneration

and expenses of committee members

(4) The

Lieutenant Governor in Council may by regulation prescribe remuneration and

payment of expenses for the committee members.

Mandate

54.3

(1) The

mandate of the Advisory Committee on Efficient Identification Document Services

is to make recommendations to end systemic procedural and systemic barriers to

obtaining personal identification documents in Ontario.

Same

(2) In

particular, the committee shall inquire into the following barriers and may

make recommendations about them:

1. Illiteracy,

2. Requirements

for guarantors and signatures and requirements to provide detailed personal

information.

3. Access

to digital resources.

4. Lack

of recognition of kinship agreements.

5. Systemic

racism and other cultural barriers.

6. Systemic

oppression, including negative experiences with government agencies and

institutions.

7. Intergenerational

fear of government.

8. Psychosocial

barriers.

9. Stigma

surrounding replacement of identification documents.

10. Barriers

respecting the storage, safekeeping and retention of identification documents.

Consultations

(3) In

carrying out its mandate, the committee shall consult with all relevant

stakeholders, including, at minimum, by doing the following:

1. Conducting

public consultations that are open to any person who has experienced systemic

barriers to obtaining personal identification documents on Ontario for

themselves or on behalf of others.

2. Consulting

Indigenous organizations across Ontario.

3. Consulting

all community legal clinics in Ontario.

4. Consulting

community health centres across Ontario.

Report

(4) On

or before the day that is six months after the committee is established, the

committee shall report its recommendations to the Minister.

Implementation

of recommendations

54.4 On or before the day

that is 90 days after the Advisory Committee on Efficient Identification

Document Services reports its recommendations to the Minister, the Minister

shall inform the Assembly of the recommendations the Minister will implement.

(16) Subsection

59.1 (1) of the Act is amended by adding “Subject to

section 54.1” at the

beginning.

Amendment

to Strong Action for Ontario Act (Budget Measures), 2012

Subsection 9 (2) of

Schedule 58 to the Strong Action for

Ontario Act (Budget Measures), 2012 is repealed.

Commencement

(1) Subject to subsection (2), this Act comes into force on the day

it receives Royal Assent.

(2) Subsection

2 (11) comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Short

title

The

short title of this Act is the Awenen Niin Act (Who Am

I) Respecting Identity Documents, 2021 .

Date Bill stage Event Outcome Committee

December 1, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

December 1, 2021

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 64

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Photo Card Act, 2008

Strong Action for Ontario Act (Budget Measures), 2012

Vital Statistics Act

Legislative Assembly of Ontario

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