Bill 924 — Vital Statistics Act, 2009 (46th General Assembly, 2nd Session)
Bill 924
Newfoundland and Labrador — Bills
Second Session,
46th General Assembly
58 Elizabeth II,
BILL 24
AN ACT RESPECTING THE REGISTRATION OF BIRTHS,
MARRIAGES, DEATHS AND OTHER VITAL EVENTS
Received
and Read the First Time ...................................................................
Second
Reading ..............................................................................................
Committee ......................................................................................................
Third
Reading .................................................................................................
Royal
Assent ...................................................................................................
HONOURABLE KEVIN
O'BRIEN
Minister of
Government Services
Ordered to be printed by
the Honourable House of Assembly
EXPLANATORY NOTE
This Bill would repeal and replace
the Vital Statistics Act to revise
and consolidate the law with respect to the registration of vital events.
A BILL
AN ACT RESPECTING THE REGISTRATION OF
BIRTHS, MARRIAGES, DEATHS AND OTHER VITAL EVENTS
Analysis
Short title
Interpretation
PART
ADMINISTRATION
Registrar general
PART
REGISTRATION OF BIRTHS
Notice of births
Registration of births
Registration of adoption orders
Name of child
Notation where no given name registered
Additional evidence
Continuing liability to complete
statement
Registrar general may register birth
Application for registration by other
person
Registration of abandoned child
Registration of stillbirth
PART
III
REGISTRATION OF DEATHS
Registration of death required
Duties of chief medical examiner and
medical practitioners
Issuing of burial permit
Death registration
Requirement for burial permit
Registration of death by registrar
general
PART
REGISTRATION OF MARRIAGES
Registration of marriages
Delayed registration
PART
GENERAL
Births and deaths at sea or on an
aircraft
Church records
Change of name
Application to change designation of sex
Fraudulent registration and birth
certificates
Correcting errors
Minor change in registration
Birth certificate
Marriage certificates
Death certificates
No certificate issued
Certified copy from church records
Issuing of certificates
Proof
Appeal
Publication of statistical information
Review of submitted information
Secrecy
Release of information
Return of certificate
Fees and forms
PART
OFFENCE AND PENALTY
False information
False information re: registration in
the province
False documents
General penalty
Consent to prosecution
PART
VII
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT
SNL1999 cA-2.1 Amdt.
SNL2004 cC-5.1 Amdt.
RSNL1990 cC-13 Amdt.
SNL1995 cF-6.1 Amdt.
RSNL1990 cV-6 and CNLR 973/96 Rep.
Commencement
Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
Short title
1. This
Act may be cited as the Vital Statistics
Act, 2009 .
Interpretation
(1) In
this Act
(a) "birth" means the complete expulsion
or extraction from its mother, irrespective of the duration of pregnancy, of a
product of conception in which, after expulsion or extraction, there is
breathing, beating of the heart, pulsation of the umbilical cord, or unmistakable
movement of voluntary muscle, whether or not the umbilical cord has been cut or
the placenta is attached;
(b) "burial permit" means a permit to
bury, cremate, remove or otherwise dispose of a dead body;
(c) "certificate" means a certified
extract of the required particulars of a registration filed with the registrar
general;
(d) "chief medical examiner" means the
chief medical examiner appointed under the Fatalities
Investigations Act ;
(e) "cohabiting partner" means either of
2 persons who have cohabited in a conjugal relationship outside of marriage for
at least one year;
(f) "copy" includes a photocopy, scanned
copy or another form of reproduction acceptable to the registrar general;
(g) "cremation" means disposal of a dead
body by incineration in a crematorium;
(h) "death" means the time at which
irreversible cessation of all a person's brain function occurs;
(i) "error" means incorrect information,
and includes an omission of information;
(j) "funeral director" means a person
who takes charge of a dead body for the purpose of burial, cremation, removal
or other disposition;
(k) "medical examiner" means a medical
examiner under the Fatalities
Investigations Act and includes the chief medical examiner;
(l) "medical practitioner" means a duly
qualified medical practitioner who is licensed to practice medicine in the
province and who is a member in good standing of the College of Physicians and
Surgeons of Newfoundland and Labrador ;
(m) "mentally disabled person" means a
mentally disabled person as defined in the Mentally
Disabled Persons' Estates Act;
(n) "minister" means the minister
appointed under the Executive Council Act
to administer this Act;
(o) "nurse practitioner" means a nurse
practitioner as defined in the Registered
Nurses Act, 2008 ;
(p) "occupier" means the person
occupying a dwelling and includes the person having the management or charge of
a public or private institution where persons are cared for or confined, and
the proprietor, manager, keeper or other person in charge of a hotel, inn,
apartment, lodging-house or other dwelling or accommodation;
(q) "relative" means the mother, father,
sister, brother, aunt, uncle, adult child, spouse or cohabiting partner of a
person;
(r) "registrar general" means the
registrar general appointed under
section 3 and
includes the deputy registrar general;
(s) "required form" means the form
required by the minister;
(t) "spouse" means either of 2 persons
who are married to each other; and
(u) "stillbirth" means the complete
expulsion or extraction from its mother of a product of conception in which
after the expulsion or extraction there is no breathing, beating of the heart,
pulsation of the umbilical cord or unmistakable movement of voluntary muscle
where
(
i) the expulsion or extraction occurs after a
pregnancy of at least 20 weeks, or
(ii) the product of conception weighs 500 grams or
more.
(2) For the purpose of this Act, where a form or
other document is required to be delivered, that requirement may be fulfilled
through regular postal mail, through electronic means acceptable to the
registrar general, or in another manner acceptable to the registrar general.
(3) Where the signature of the registrar general is
required under this Act, it may be reproduced by photographic or electronic
means.
PART I
ADMINISTRATION
Registrar general
(1) The
minister shall appoint a registrar general to carry out the duties imposed under
this Act.
(2) The minister may appoint a deputy registrar
general who shall, when the registrar general is absent or unable to act, or
when the office of the registrar general is vacant, perform the functions of and
have all the powers and authority of the registrar general.
PART II
REGISTRATION OF BIRTHS
Notice of births
(1) Information
concerning the birth of a child shall be provided in the required form and
shall be delivered to the registrar general within 5 days of the birth by the medical
practitioner, nurse practitioner or person who assumes medical responsibility
for the delivery of the child.
(2) Where more than one child is delivered in a
single birth event, a separate statement shall be completed for each child, and
in each statement the number of children born during the birth event and the
number of each child in the order of birth shall be given.
Registration of
births
(1) The
birth of every child born in the province shall be registered as required by
this Act.
(2) Within 30 days after the date of birth of a
child in the province
(
a) both parents of the child;
(
b) one parent of the child only, where the other
parent of the child
(
i) is incapable,
(ii) disputes he or she is the other parent of the
child, or
(iii) is not known to the other parent;
(
c) where the persons referred to in paragraphs
(
a) and (
b) are incapable, the person who stands in the place of the parents of
the child;
(
d) where there is no person to whom paragraphs
(
a) to (
c) apply, the person required to give notice under
section 4 ;
(
e) where there is no person to whom paragraphs
(
a) to (
d) apply, the occupier of the premises in which the child is born, where
that person has knowledge of the birth; or
(
f) where the child is in the care of a Director
of Child, Youth and Family Services, that person or his or her designate
shall complete and mail a statement in the
required form respecting the birth to the registrar general.
(3) Where a mother registers the birth of a child
under subsection (2) and the other parent of the child is incapable as referred
to in subparagraph (2)(b)(i), that other parent shall only be named on the
birth registration where the court has issued a declaratory order under the Children's Law Act naming that other person
as the parent of the child.
(4) Where more than one child is delivered during
a single birth event, a separate statement for each child shall be completed
and delivered as required under subsection (2), and in each statement the
number of children born during the birth event and the number of each child in
the order of birth shall be given.
(5) The birth registration of a child born as a
result of artificial insemination shall be completed showing, with the written
consent of the woman and her spouse or cohabiting partner, the particulars of
the spouse or cohabiting partner as being the father or other parent of the
child.
(6) Where a child has been born through a
surrogacy arrangement, the registrar general shall register the intended
parents as the parents of that child where
(
a) an adoption order has been issued by the court
under
section 25 of the Adoption Act ;
(
b) a declaratory order respecting the parentage
of the child has been issued under
section 6 or 7 of the Children's Law Act,
and a certified copy of that order has
been received by the registrar general.
Registration of
adoption orders
(1) Upon
receipt of a certified copy of an adoption order issued under
section 25 of the
Adoption Act , or of a certified copy
of an order, judgment or decree of adoption made by a court of competent
jurisdiction of another province or of a foreign state, issued under the seal
of the proper certifying authority, the registrar general shall register the
order, judgment or decree.
(2) Where the birth of the person adopted
(
a) was registered in the province before the
adoption; or
(
b) is registered in the province after the
adoption in accordance with this Act,
the registrar general may, upon production
of evidence satisfactory to him or her of the identity of the person, together
with an application for the registration of the birth in the required form, set
aside a registration made under this Act and substitute a new registration of
birth in accordance with the facts contained in the adoption order, judgment or
decree.
(3) Where the registrar general substitutes a new
registration under subsection (2), the original registration shall be withdrawn
from the registration files and kept in a separate file and sealed, but in
every case, whether or not an application is made, the registrar general shall
make a notation of the adoption and of a change of name consequent to the
adoption with a reference to the registration of the order to be made upon the
original registration of the birth of the person and shall endorse a reference
to the original registration of the birth on the copy of the order, judgment or
decree.
(4) Where a new registration is substituted under
subsection (2), the date of the new registration shall be the date of the
original registration.
(5) Where a new registration has been substituted
under subsection (2) and an application is made for a birth certificate, the
certificate shall be issued in accordance with the new registration.
(6) The holder of a birth certificate in respect
of a registration of a birth that has been withdrawn under subsection (2) or a
certified copy of that registration shall, where a demand is made by the
registrar general, immediately deliver it to the registrar general for
cancellation.
(7) Notwithstanding another provision of this Act,
where an original registration is sealed under subsection (3), the registrar
general shall not amend it, add information or particulars to it, correct
errors by making notations on it, substitute a subsequent registration for it,
or cancel it.
Name of child
(1) The
birth of a child shall be registered showing as the surname of the child the surname
chosen by the parent of the child and the other parent of the child, if there
is one, as determined under
section 5 , and
where the parents cannot agree on the surname of the child, the surname shall
be the hyphenated combination of the surname of the parents, in alphabetical
order.
(2) The name of a child whose birth is registered
under this Act shall include both a given name and a surname.
(3) Where a person who is not the child's parent applies
to register the child's birth, the surname given to the child shall be
(
a) where the parents have the same surname, the
parents' surname;
(
b) where the parents have a different surname, a
surname consisting of both parents' surnames, hyphenated in alphabetical order;
(
c) where only one parent is known, that parent's
surname; or
(
d) where neither parent is known, the surname
chosen by the person standing in the place of the parents.
(4) The registrar general may refuse a name where,
in the opinion of the registrar general the name might reasonably cause mistake
or confusion, that it is sought for an improper purpose or on the grounds that
the name is undesirable in the public interest.
(5) Where the registrar general refuses a name
under the authority of subsection (4), the parent or other person applying to
register the name may, within 30 days of the refusal of the name, appeal that
decision to a judge of the Trial Division and the decision of the judge with
respect to the registration is final.
(6) For the purpose of subsection (4), it is
undesirable in the public interest for a child to bear a name where
(
a) it might cause offence to a reasonable person;
(
b) it is unreasonably long; or
(
c) without adequate justification, it is,
includes or resembles an official title or rank.
Notation where no
given name registered
8. Where,
before the commencement of this Act, the birth of a child has been registered
without a given name for that child, the registrar general may, with the
documentary evidence he or she may require, and where the registrar general is
satisfied as to the truth and sufficiency of that evidence, change the registration
of the birth of that child to add a given name.
Additional
evidence
9. Where
the registrar general is not satisfied as to the truth and sufficiency of a
statement required to be made, the registrar general may
(
a) require the attendance of the person who
signed the statement or of another person; and
(
b) examine that person respecting a matter
respecting the registration of the birth.
Continuing
liability to complete statement
10. Where
a statement is not completed and delivered in the manner and in the time required,
a person upon whom the duty of completing and delivering the statement is imposed
remains liable to perform that duty notwithstanding the expiration of the time
provided and, with respect to each successive period of 5 days after that
during which he or she neglects or fails to complete and deliver the statement,
is guilty of an offence.
Registrar general
may register birth
(1) Where,
after the expiry of one year after a child's birth, a person has not delivered
a statement respecting the birth of a child as required by this Act, the
registrar general shall complete the statement with the particulars of the
child's birth of which he or she has knowledge, and that statement constitutes
the registration of the birth.
(2) Where the registrar general registers a birth
under subsection (1), and following that registration further documentary
evidence comes to the attention of the registrar general respecting that
registration, the registrar general may make a notation changing the registration
where he or she is satisfied as to the truth and sufficiency of that
documentary evidence.
Application for
registration by other person
(1) Where
a birth is not registered in accordance with
section 5 ,
and an application for registration of the birth is made by a person to the
registrar general and
(
a) is in the required form;
(
b) contains a statement respecting the birth;
(
c) is verified by statutory declaration; and
(
d) is accompanied by the other evidence the registrar
general may require,
the registrar general may, where he or she
satisfied as to the truth and sufficiency of the matters stated in the
application and that the application is made in good faith, register the birth
by signing the statement and that statement shall constitute the registration
of the birth.
(2) Where the registrar general registers a birth
under subsection (1), and following that registration further documentary
evidence comes to the attention of the registrar general respecting that
registration, the registrar general may make a notation changing the registration
where he or she is satisfied as to the truth and sufficiency of that
documentary evidence.
Registration of
abandoned child
(1) Where
the registrar general receives information relating to the birth of an
abandoned child, he or she shall review the information and, where the
registrar general is satisfied as to the correctness and sufficiency of the information
stated, shall register the birth.
(2) Registration under this
section shall
establish for the abandoned child
(
a) a date of birth;
(
b) a place of birth; and
(
c) a surname and a given name.
(3) The registrar general shall, upon registering
a birth under this section, immediately send to the appropriate Director of
Child, Youth and Family Services appointed under the Child, Youth and Family Services Act a copy of all documents
respecting the registration of a child filed under this section.
(4) Where, subsequent to the registration of a
birth under this section, the identity of a child is established to the
satisfaction of the registrar general, or further information with respect to
the identity of the child is received, the registrar general shall
(
a) cancel, add to or correct the registration of
the birth made under this section; and
(
b) where necessary, file a new registration in
accordance with the actual facts of the birth to be made and filed in substitution
for the registration first made under this
section
and the registrar general shall make a
notation on the new registration of a cancellation of the original registration,
and a certificate shall not be issued in respect of the cancelled registration or
a registration which has been altered under paragraph (
a) or (b).
(5) Where a new registration of the birth of a
child is made under subsection (4), the date of the registration shall be as
shown on the registration which is first made.
(6) The registrar general shall notify the
appropriate Director of Child, Youth and Family Services immediately where an
action is taken under subsection (4).
(7) Where a person has received a certificate
issued in respect of the registration of the birth of a child made under
subsection (1), and where the registration is cancelled under subsection (4),
that person shall deliver the certificate to the registrar general for
cancellation where the registrar general so requires.
Registration of
stillbirth
(1) Every
stillbirth in the province shall be registered as required by this Act.
(2) Where a stillbirth occurs, the person who
would have been responsible for the registration under
section 5 , if the stillbirth had been a birth, shall complete
and deliver to the funeral director a statement in the required form respecting
the stillbirth.
(3) The medical practitioner in attendance at a
stillbirth, or, where there is no medical practitioner in attendance, another medical
practitioner or the chief medical examiner shall complete the medical certificate
portion of the death registration form showing the cause of the stillbirth and
shall deliver it to the funeral director.
(4) Upon obtaining the information respecting the
stillbirth and the medical certificate portion of the death registration form,
the funeral director shall, where satisfied as to the truth and sufficiency of
the information, complete the death registration form and issue a burial permit.
(5) A funeral director shall, within 5 days of
completing a death registration form and issuing a burial permit as required
under subsection (4), forward the completed stillbirth registration form and a
copy of the burial permit to the registrar general.
(6) Within one year of receiving a statement under
this section, where the registrar general is satisfied as to the truth and sufficiency
of the statement, he or she shall register the stillbirth.
(7) Sections 5 to 13 apply, with the necessary
changes, to stillbirths.
PART III
REGISTRATION OF DEATHS
Registration of
death required
(1) Where
a person dies in the province, his or her death shall be registered as required
by this Act.
(2) The funeral director shall, immediately after
the death of a person, obtain the personal particulars of the deceased from
(
a) the nearest relative of the deceased present
at the death or in attendance at the last illness of the deceased;
(
b) where a relative as defined in
section 2 is not
available, another relative of the deceased;
(
c) where a relative is not available, an adult
person present at the death;
(
d) another adult person having knowledge of the
facts;
(
e) the occupier of the house in which the death
occurred; or
(
f) the chief medical examiner where the chief
medical examiner has been notified of the death and has made an investigation
or held an inquiry regarding the death,
and the funeral director shall, from those
particulars, complete a statement in the required form of the personal
particulars of the deceased.
(2) The funeral director shall immediately after
the death obtain from the medical practitioner who was last in attendance
during the last illness of the deceased or the chief medical examiner who has
conducted an investigation or an inquiry regarding the circumstances of the
death, a medical certificate portion of the death registration in the required
form stating in it the cause of death.
(3) Where a death occurs without medical
attendance, or where the medical practitioner referred to in subsection (2) is
not available to complete the medical certificate portion of the death
registration form, and where there is no reason to believe that the death was
the result of circumstances referred to in subsection 17 (2),
the funeral director shall immediately notify the chief medical examiner or a
medical practitioner designated by the chief medical examiner, who shall inquire
into the facts of the case and shall complete the medical certificate portion
of the death registration form in accordance with
section 16 .
Duties of chief
medical examiner and medical practitioners
(1) The
medical practitioner who was last in attendance during the last illness of the
deceased or the chief medical examiner where the chief medical examiner has
conducted an investigation on the body or an inquiry into the circumstances of
the death shall, upon the request of the funeral director, complete a medical
certificate portion of the death registration in the required form indicating
the cause of death of the deceased and provide it to the funeral director at
the time the body is released to him or her.
(2) The chief medical examiner or medical
practitioner shall send a copy of the completed medical certificate portion of
the death registration form to the registrar general.
(3) The cause of death referred to in subsection
(1) shall be listed according to the International Statistical Classification
of Diseases and Related Health Problems as last revised by the International
Conference for that purpose and published by the World Health Organisation.
Issuing of burial
permit
(1) Upon
obtaining the personal particulars respecting a deceased person and the medical
certificate portion of the death registration form, the funeral director shall,
where satisfied as to the truth and sufficiency of the information, complete
the death registration form and issue a burial permit.
(2) Where there is reason to believe that a person
has died in circumstances referred to in
section 5 of the Fatalities Investigation Act, a burial permit shall not be issued
by the funeral director unless
(
a) the body has been examined by the chief medical
examiner and an investigation is being made by him or her into the
circumstances of the death;
(
b) the chief medical examiner has signed the medical
certificate portion of the death registration form indicating the cause of
death; and
(
c) there is compliance with the other provisions
of this Act respecting the registration of the death.
(3) Where a person dies under circumstances
referred to in subsection (2), where it is impossible for the chief medical examiner
to complete a medical certificate portion of the death registration form, the
funeral director shall, upon the chief medical examiner releasing the body for
burial, issue a burial permit and the chief medical examiner shall, within 2
days of the determination of the cause of death or the completion of the
investigation, deliver to the funeral director the completed medical
certificate portion of the death registration form.
Death
registration
(1) A
funeral director shall, within 5 days of completing a death registration form
and issuing a burial permit as required under
section 17 ,
forward the completed death registration form and a copy of the burial permit
to the registrar general.
(2) The registrar general shall review the
documents submitted under subsection (1) and shall, where he or she is
satisfied with the truth and sufficiency of the information, register the
death.
Requirement for
burial permit
(1) A
person shall not
(
a) bury or otherwise dispose of the body of a
person who dies in the province;
(
b) remove a body from the province; or
(
c) conduct a funeral or religious service in
connection with the burial or other disposition of a body
unless the requirements of subsection
(2) are fulfilled.
(2) An act referred to in subsection (1) shall not
be performed unless
(
a) a medical certificate portion of the death
registration form is completed;
(
b) a burial permit is issued by the funeral
director; and
(
c) the person conducting the funeral or religious
service is in possession of the burial permit.
Registration of
death by registrar general
20. Where
a death is not registered within one year from the day of death, or where the
registrar general refuses to accept a statement respecting a death, where an
application for registration of death is made by a person to the registrar
general in the required form verified by statutory declaration and accompanied
by a statement in the required form respecting the death and other evidence that
may be required, the registrar general shall, where he or she is satisfied of
the truth and sufficiency of the matters stated in the application and that the
application is made in good faith, register the death.
PART IV
REGISTRATION OF MARRIAGES
Registration of
marriages
(1) Every marriage performed in the
province shall be registered as required by this Act.
(2) A person authorized by law to perform a marriage
in the province shall, immediately after he or she performs a marriage, prepare
a statement in the required form respecting the marriage, and that statement
shall be signed by
(
a) each of the parties to the marriage;
(
b) at least 2 witnesses to the marriage who are 16
years of age or older; and
(
c) the person by whom the marriage was performed.
(3) The person by whom the marriage was performed
shall, within 5 days after the day of the marriage, deliver or mail the completed
statement to the marriage license issuer and, where the marriage licence issuer is satisfied with
those documents, he or she shall send them to the registrar general for registration.
(4) The registrar general shall, within one year
of the day of the marriage, where he or she is satisfied with the truth and
sufficiency of the statement, register the marriage.
Delayed
registration
22. When
a marriage is not registered within one year from the day of the marriage,
where an application for registration of it is made by a person to the
registrar general in the required form, verified by statutory declaration, and
by a statement in the required form respecting the marriage and including the
other evidence that may be required, the registrar general shall, where he or
she is satisfied of the truth and sufficiency of the matters stated in the application
and that the application is made in good faith, register the marriage.
PART V
GENERAL
Births and
deaths at sea or on an aircraft
(1) Where
a birth or death occurs on a vessel underway or an aircraft in flight, and the
vessel's first port of call, or the aircraft's first place of landing after the
birth or death is in the province, the birth or death shall, for the purpose of
this Act, be considered to have occurred in the province.
(2) For the purpose of this section,
"death" includes a stillbirth.
(3) Where a vessel recovers a body at sea and the
vessel's first port of call after the recovery is in the province, the death
shall, for the purpose of this Act, be considered to have occurred in the
province.
Church records
24. Where
registers or records of baptisms, marriages or burials kept by a church or
religious body in the province are now on file or are, with the approval of the
registrar general, placed on file in the office of the registrar general, those
registers or records shall be considered to be part of the registrar general's
records.
Change of name
(1) Where
the name of a person has been changed under the Change of Name Act, 2009 or
is changed in another province or in a foreign state by or under a statute of
that province or foreign state, the registrar general shall, where satisfactory
proof of the change and evidence as to the identity of the person has been
produced,
(
a) where the birth or marriage of the person is
registered in the province, record the change;
(
b) where the change was made under the Change of Name Act, 2009 and the person
was born or married in Canada but outside the province, shall transmit to the
officer in charge of the registration of births or marriages in the province in
which the person was born or married a copy of the proof of the change of name
produced to the registrar general; and
(
c) where the change was made under the Change of Name Act, 2009 and the person
was born or married outside Canada, shall, where requested by the person whose
name has been changed, transmit to the officer in charge of the registration of
births or marriages in the foreign state in which the person was born or
married a copy of the proof of change of name produced to the registrar general.
(2) A birth certificate issued after recording a
change under this section, except for a change of surname made by election as a
result of marriage, shall be issued as if the registration had been made in the
name as changed.
(3) A marriage certificate issued after making a
notation under this
section shall only be amended where requested and the
registrar general may, where the consent of the other spouse has been obtained,
record the change on the marriage certificate.
Application to
change designation of sex
(1) The
registrar general may, upon application by a person who has undergone
transsexual surgery verified by statutory declaration, record a change on the
registration of birth of that person so that it shall be consistent with the
results of the surgery.
(2) An application made under subsection (1) shall
include
(
a) a medical certificate, signed by a medical
practitioner legally qualified to practise medicine in the jurisdiction in
which the transsexual surgery was performed certifying that
(
i) the medical practitioner performed or assisted
in performing the transsexual surgery upon the applicant, and
(ii) as a result of the transsexual surgery the
designation of the sex of the applicant should be changed;
(
b) a certificate, signed by a medical
practitioner other than the medical practitioner who performed or assisted in
the transsexual surgery upon the applicant, certifying that
(
i) the medical practitioner who signed the
certificate examined the applicant,
(ii) the results of the examination substantiate
that the transsexual surgery was performed upon the applicant, and
(iii) as a result of the transsexual surgery the
designation of the sex of the applicant should be changed; and
(
c) other documentary evidence the registrar
general may require.
(3) Where a medical certificate required under
paragraph (2)(
a) cannot be obtained, the registrar general may require other
evidence of the matters to be contained in that certificate that the registrar
general considers necessary.
(4) A birth certificate issued after recording a
change under this
section shall be issued as if the original registration had
been made with the sex as changed.
(5) A person who has undergone transsexual surgery
and who has fulfilled the requirements of this
section may apply to the
registrar general to record the change of sex on the person's marriage
certificate to be consistent with the results of the person's surgery, and the
registrar general may, where the consent of the person's spouse has been obtained,
record the change on the marriage certificate.
Fraudulent
registration and birth certificates
(1) Where
the registrar general is satisfied that a registration was improperly or
fraudulently made, the registrar general may order that a notation respecting
the improper or fraudulent registration be made on that registration and order
that every certificate issued with respect to that registration be delivered to
him or her for cancellation.
(2) The registrar general shall, where he or she
suspects an improper or fraudulent registration, or upon the application of a
person, acquire or obtain evidence to that effect and that evidence may include
a statutory declaration by an interested person.
(3) Where a notation has been made on a
registration respecting improper or fraudulent registration under subsection
(1), a further certificate shall not be issued with respect to that
registration.
Correcting errors
(1) Where,
after a registration is received or made by the registrar general it is
reported that an error exists in the registration, the registrar general shall
inquire into the matter and, upon the production of satisfactory evidence verified
by statutory declaration, shall correct the error by recording the correction
on the registration without altering the original entry.
(2) Where an application is made for a certificate
after the correction of an error under subsection (1), the certificate shall be
prepared as if the registration had been made containing the correct particulars
at the time of registration.
Minor change in
registration
(1) The
registrar general may, upon the application of
(
a) a person whose birth is registered under this
Act;
(
b) the parents of a minor child whose birth is
registered under this Act; or
(
c) both parties to a marriage registered under
this Act
for a change in the spelling of a name as
it appears in the birth or marriage registration, investigate the matter and
where the registrar general is satisfied that the alteration is minor and shall
not likely mislead anyone materially or adversely, take the action authorized
under subsection (2).
(2) Where the registrar general is satisfied that
the action is warranted under the authority of subsection (1), he or she may
alter the registration of the birth or marriage by changing
(
a) the spelling of the name of the person whose
birth is registered under this Act; or
(
b) the name of either or both of the parties to
the marriage registered under this Act.
(3) A birth or marriage certificate issued after
an alteration made under the authority of subsection (1) shall be issued as if
the original registration had been made with the name changed.
Birth certificate
(1) With
respect to a birth that occurred 100 years ago or more, the registrar general
may issue the following documents:
(
a) a certificate of birth, only to a person
referred to in paragraphs (2)(
a) to (f); or
(
b) a certified copy of the registration of the
birth, to a person.
(2) With respect to a birth that occurred less
than 100 years ago, the registrar general may issue a certificate of the birth
or a certified copy of the registration of the birth only to the following
persons:
(
a) to a person who is 16 years of age or older
whose birth is registered;
(
b) to a person whose name appears as a parent on
the registration of the birth only where
(
i) the child to whom the registration relates is
less than 19 years of age, or
(ii) the child to whom the registration relates is
a mentally disabled person;
(
c) to a person standing in the place of the
parents of the child only where
(
i) the child to whom the registration relates is
less than 19 years of age, or
(ii) the child to whom the registration relates is
a mentally disabled person;
(
d) a person authorized in writing by a person
referred to in paragraph (
a) or subparagraph (b)(
i) or (c)(i);
(
e) a person or agency who or which requires it to
comply with the Adoption Act or the Child, Youth and Family Services Act ; or
(
f) a person ordered by a court to obtain it.
(3) A certificate of birth shall be in the
required form and shall contain the information required by the minister,
including
(
a) the name of the person whose birth is registered;
(
b) the date of the birth;
(
c) the place of the birth;
(
d) the sex of the person whose birth is
registered;
(
e) the date the birth was registered;
(
f) the registration number; and
(
g) the date of issuing of the birth certificate.
Marriage certificates
(1) With
respect to the registration of a marriage that occurred 75 years ago or more,
the registrar general may issue the following documents:
(
a) a certificate of marriage, only to a person
referred to in paragraphs (2)(
a) to (d); or
(
b) a certified copy of the registration of the
marriage, to a person.
(2) With respect to a marriage that occurred less
than 75 years ago, the registrar general may issue a certificate of marriage,
or a certified copy of the registration of the marriage, only to the following
persons:
(
a) a party to the marriage;
(
b) where both parties to the marriage are dead,
(
i) a child of either party,
(ii) a parent of either party, or
(iii) the executor or administrator of the estate of
either party;
(
c) a person authorized in writing by a person
referred to in paragraphs (
a) or (b); or
(
d) a person on the order of a court.
(3) A certificate of marriage shall be in the
required form and shall contain the information required by the minister,
including
(
a) the names of the parties to the marriage;
(
b) the date of the marriage;
(
c) the place where the marriage was performed;
(
d) the date the marriage was registered;
(
e) the registration number; and
(
f) the date of issuance.
Death
certificates
(1) With
respect to a registration of a death that occurred 50 years ago or more, the registrar
general may issue a certificate of death or a certified copy of the registration
of the death to a person.
(2) With respect to a death that occurred less
than 50 years ago, the registrar general may issue a certificate of death to
any person.
(3) A certificate of death shall be in the
required form and shall contain the information required by the minister,
including
(
a) the name of the deceased;
(
b) the age of the deceased at the time of death;
(
c) the sex of the deceased;
(
d) the date of death;
(
e) the place of death;
(
f) the date the death was registered;
(
g) the marital status of the deceased at the time
of death;
(
h) the date of issuing of the death certificate;
and
(
i) the registration number.
(4) A certificate of death or certified copy of
the registration of death shall not disclose a cause of death unless
(
a) the document is issued under subsection (1);
(
b) the cause of death is disclosed on the written
authorization of the minister or on the order of a court.
(5) With respect to a death that occurred less
than 50 years ago, the registrar general may, with the written authorization of
the minister, 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 person authorized in writing by a person
referred to in paragraphs (
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.
No certificate
issued
(1) A
certificate of birth or death shall not be issued with respect to a stillbirth.
(2) The registrar general may issue a certified
copy or photographic print of the registration of a stillbirth or a record of
search only to the following persons:
(
a) a person whose name appears as a parent on the
registration of the stillbirth, or a person authorized in writing by that person;
(
b) an adult sibling of the stillborn child;
(
c) a person authorized in writing by the registrar
general or minister;
(
d) a person who satisfies the registrar general
that it is required to disinter a body under the Exhumation Act; or
(
e) a person on the order of a court.
Certified copy
from church records
34. On
application, but subject to the limitations that apply to the issuing of
certificates under sections 30 to 33, a person may obtain a certified copy of a
record on file under this Act with respect to a baptism, marriage or burial.
Issuing of certificates
(1) A
certificate or certified copy issued under this Act shall be issued by the registrar
general and a person, other than a person authorized to do so in this Act,
shall not issue a document that purports, implies or is calculated to mislead
the public that it is issued under this Act.
(2) A document issued under this Act under the
signature of the registrar general or a person appointed under
section 3 is valid notwithstanding that the registrar general
or the person so appointed has ceased to hold office before the issuing of the
certificate.
Proof
36. A
certificate or certified copy purporting to be issued under this Act is
admissible in evidence in a court in the province as presumptive proof of the facts
certified to be recorded, and it is not necessary to prove the signature or
official position of the person by whom the certificate or certified copy is
signed.
Appeal
(1) Where
an application for registration under this Act is refused by the registrar
general, an application to vary that decision may be made within one year of
the decision to the Trial Division and the court, where satisfied on the
evidence, may make an order requiring the registrar general to accept the
application and make the appropriate registration.
(2) Where an application for a certificate or
search respecting the registration of a birth, stillbirth, marriage or death is
refused by the registrar general, an application to vary that decision may,
within one year of the decision, be made to the Trial Division, and the court, where
satisfied that the application is made in good faith and that the applicant has
good reason for requiring the certificate or search, may make an order
requiring the registrar general to issue the certificate or make the search.
(3) Where an order is made by the court under
subsection (1) or (2), the registrar of the court shall immediately send a copy
of the order to the registrar general who shall comply with the order and attach
the copy to the registration or certificate.
Publication of
statistical information
38. The
registrar general may compile, publish and distribute the statistical
information respecting the births, stillbirths, marriages, deaths, adoptions
and changes of name registered during a period as he or she considers necessary
and in the public interest.
Review of submitted information
(1) The
registrar general shall examine the original statements received from marriage
licence issuers, clergy, marriage commissioners and funeral directors as
required under this Act and where they are incomplete or unsatisfactory shall
require further information necessary to make the record complete and
satisfactory.
(2) All clergy, medical practitioners, nurse
practitioners, marriage licence issuers, marriage commissioners, funeral directors
and all persons having knowledge of the facts shall furnish the information they
possess regarding a birth, marriage or death upon the demand of the registrar
general, whether that demand is made in person, by mail or through another
means.
Secrecy
(1) The
registrar general, or a person having access to information required by this
Act shall not communicate or allow to be communicated to a person not entitled
to it, information obtained under this Act, or allow a person not so entitled
to inspect or have access to records containing information obtained under this
Act.
(2) Nothing in subsection (1) prohibits the
compilation, furnishing or publication of statistical data that does not
disclose specific information with respect to a particular person.
(3) A person who wilfully violates this
section is
guilty of an offence and is liable on
summary conviction to a fine not
exceeding $5,000.
Release of information
(1) The
minister may enter into agreements respecting the sharing of information,
including personal information, obtained under the authority of this Act.
(2) Notwithstanding another provision of this Act,
the registrar general may release information, including personal information to
(
a) the Newfoundland and Labrador Centre for
Health Information in accordance with the Centre
for Health Information Act and regulations made under that Act; or
(
b) Statistics Canada .
(3) Notwithstanding another provision of this Act,
the minister may, in his or her discretion, release bulk death information to
those entities who, in the opinion of the minister, require that information.
(4) In this
section
(a) "personal information" means personal
information as defined in the Access to
Information and Protection of Privacy Act ; and
(b) "bulk death information" means
information respecting the registration of the death of a person which would be
released upon request under
section 32.
Return of
certificate
42. A
person who has in his or her possession a certificate or certified copy with
respect to a registration under this Act that was issued before the making of
an alteration or addition made in accordance with this Act shall, upon request,
return the certificate or certified copy to the registrar general for
cancellation.
Fees and forms
43. The
minister may set fees and establish and require forms for the purpose and
administration of this Act.
PART VI
OFFENCE AND PENALTY
False information
44. A
person who wilfully makes or causes to be made a false or misleading statement
in an application, registration, statement, certificate, return or other
document respecting particulars required to be furnished under this Act is
guilty of an offence and is liable on
summary conviction to a fine not
exceeding $50,000 or imprisonment for a term of not more than one year, or to
both a fine and imprisonment.
False information
re: registration in the province
45. A
person who wilfully makes or causes to be made a registration of a birth,
marriage, death or stillbirth as having occurred in the province with respect
to a person whose birth, marriage, death or stillbirth did not occur in the
province is guilty of an offence and is liable on
summary conviction to a fine
not exceeding $50,000 or imprisonment for a term of not more than one year, or
to both a fine and imprisonment.
False documents
(1) A
person shall not
(
a) wilfully use or possess a false, fictitious or
altered certificate, a certified copy or other document purporting to be issued
under this Act or a certificate, certified copy or other document that has been
cancelled by the registrar general; or
(
b) for an unlawful or improper purpose
(
i) use or possess a certificate, certified copy
or other document issued under this Act that relates to another person, or
(ii) with respect to a certificate, certified copy
or other document issued under this Act that relates to him or her, permit
another person to use or possess that certificate, certified copy or other
document.
(2) A person who violates subsection (1) is guilty
of an offence and is liable on
summary conviction to a fine not exceeding
$50,000 or imprisonment for a term of not more than one year, or to both a fine
and imprisonment.
General penalty
47. A
person who fails to comply with or violates a provision of this Act for which
failure or violation no penalty is otherwise provided, is guilty of an offence
and is liable on
summary conviction to a fine not exceeding $10,000, or
imprisonment for a term of not more than one year, or to both a fine and
imprisonment.
Consent to prosecution
48. The
consent of the minister is required to commence a prosecution under this Act.
PART VII
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT
SNL1999 cA-2.1
Amdt.
(1) Paragraph 2(
u) of the Adoption Act is amended by deleting the
reference " Vital Statistics Act "
and substituting the reference " Vital
Statistics Act, 2009 ".
(2) Subsection 31(3) of the Act is amended by
deleting the reference " Vital
Statistics Ac t" and substituting the reference " Vital Statistics Act, 2009 ".
SNL2004 cC-5.1
Amdt.
50. Subparagraph 16(d)(
v) of the Centre for Health Information Act is
amended by deleting the reference " Vital
Statistics Ac t" and substituting the reference " Vital Statistics Act, 2009 ".
RSNL1990 cC-13
Amdt.
51. (1) Paragraph 11(3)(
b) of the Children's Law Act is amended by deleting
the reference " Vital Statistics Act "
and substituting the reference " Vital
Statistics Act, 2009 ".
(2) Subsection 11(5) of the Act is amended by
deleting the reference " Vital
Statistics Ac t" and substituting the reference " Vital Statistics Act, 2009 ".
(3) Subsection 17(2) of the Act is amended by
deleting the reference " Vital
Statistics Ac t" and substituting the reference " Vital Statistics Act, 2009 ".
SNL1995 cF-6.1
Amdt.
52. Subsection 10(4) of the Fatalities Investigations Act is repealed and the following
substituted:
(4) When a medical examiner has investigated a
death and has determined the manner and cause of death, he or she shall
immediately complete the medical certificate portion of the death registration
form in accordance with the Vital Statistics
Act, 2009.
RSNL1990 cV-6 and
CNLR 973/96 Rep.
(1) The Vital Statistics Act is repealed.
(2) The Registration
and Release of Information Regulations, Consolidated Newfoundland and Labrador Regulation 973/96, is
repealed.
Commencement
54. This Act comes into force on October 1, 2009 .
Earl G. Tucker, Queen's Printer