Bill 36 — Third Session, 16Th Legislature, 19 Elizabeth Ii the Legislative Assembly of Al:Ijert.A.. Bill 36 An Act To Amend the Vital Statistics Act, 1959 (Legislature 16, Session 3)

L16 S3 4728

Alberta — Bills

1970 Bill 36 Third Session, 16th Legislature, 19 Elizabeth II THE LEGISLATIVE ASSEMBLY OF AL:ijERT.A.. BILL 36

An Act to amend The Vital Statistics Act, 1959 THE MINISTER OF HEALTH First Reading ........... .. . . . . . . . . . . . . . . . . . . Second Reading ....... . . . . . . . . . . . . . . . . . . . . . . Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 36 1970

An Act to amend The Vital Statistics Act, 1959 (Assented to , 1970) HER :JIAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Vital Statistics Act, 1959 is hereby amended.

Section 2, clause (

c) is amended by adding after the word "\~ault," the \yords "colurnbarium as defined in The Cellleteries .. let,".

Section 11, subsection (2), clause (

b) is amended by striking out the word "adult" and by substituting the word "credible" .

Section 13 is struck out.

Section 14 is amended by striking out subsection (6) and by renumbering subsections (7) and (8) as (6) and (7) respectively.

Section 17, subsection (2) is amended by ~dding. af~;r the words "is impossible" the words "for the tIme bemg .

Section 18 is amended by striking out subsection (2).

Section 21 is struck out. 9. Sectio!; 22, subsection (1) is amended by striking. out ~he words statute of another province" and by substItut Ing the words "Act or ordinance of another province or territory of Canada".

Section 30 is amended by striking out subsections (12) to (15).

Explanatory Notes I. This Bill will amend

chapter 94 of the Statutes of Alberta, 1959.

Section 2, clause (

c) presently reads: (c) "cemetery" means land set apart Dr used as a place fDr the interment Dr .Dther dispDsal Df dead bDdies, and includes a vault, mausDleum and crematDrium;

Section 11, subsection (2), clause (

b) presently reads:

(2) Every perSDn authDrized by law to' sDlemnize marriage in the PrDvince shall, immediately after he sDlemnizes a marriage, prepare a statement in the prescribed fDrm respecting the marriage, and the statement shall be signed by (

b) at least two. adult witnesses to. the marriage, and

Section 13 provides for the registration with the Director of Vital Statistics of decrees of divorce and nullity of marriage.

Section 14, subsection (6) reads:

(6) If the eause Df death is ill-defined, Dbs·cure Dr unknown, the Director may order that a pDst-mortem examination be made Dn the bDdy of the deceased.

Section 17, subsection (2) presently reads:

(2) When a person dies under any of the circumstances referred to. in subsectiDn (6) of sectiDn 14, if it is impossible for the corDner to complete a medical certificate, the district registrar, upDn the coroner releasing the bDdy for burial, shall issue a burial permit and the CDrDner shall, within two days of his determining the cause Df death, Dr the completiDn Df his investigation. deliver or mail to the district registrar a medical certificate.

Section 18, subsection (2) reads:

(2) Every cemetery D,wner shall, at the end of each calendar mDnth, transmit to' the Director a return in the prescribed fDrm Df the burials and crematiDns that tDok place that month in the cemetery.

Section 21 reads: 21. Incase Df any sudden, violent, accidental Dr SUSPIClOUS death investigated by the pDlice, the Dfficer in cDmmand, or the chief con stable Df a municipality, as the case may be, shall transmit to' the DirectDr a copy Df the report Df the investigation.

Section 22, subsection (1) reads in part: 22.

(1) Where the name of a person is changed under The Change Df Name Act, or under a statute of another prDvince, the Director, on production to him of prDof of the change and evidence satisfactory to him as to the identity of the person, (

a) if the birth or marriage of the person is registered in the Prov ince, shall cause a nDtation of the change to· be made Dn the rl"gistration thereDf; and 10. The subsections being struck out by this clause provide for searches of records in the possession of district regis ~rars.

Section ~2, subsection (10) is a~ended by strikin out the words . ' c~~nge of name, or dIssolution or annuf ment of marrIage and by substituting the words "0 change of name". r

Section 34 is amended by adding the following after subsection (3). ( 4) No original registration of birth or stillbirth and no statutory declaration, record or statement filed in ac cordance with

section 4, subsection (6) or (8) is admissible in evidence to effect a presumption of legitimacy nor may the Director be called upon to give evidence affecting a presumption of legitimacy based upon records in his office. 13. The following sections are added after

section 35: 35a. No system of registrations of births, stillbirths, n1arriages and deaths shall be maintained or continued in Alberta other than authorized by this Act. 35b. No registration shall be made of a birth, stillbirth, marriage or death occurring outside Alberta. 35c. The Director may carry out any of the duties of the district registrar of any registration district.

Section 37 is amended by striking out the words ", changes of names, and dissolutions and annulments of marriage" and by substituting the words "and changes of name".

Section 38 is amended by striking out the words ", changes of name, and dissolutions and annulments of marriage" and by substituting the words "and changes of name".

Section 50, clause (

g) is amended by striking out the words "dissolutions and annulments of marriage,". 17. The Coroners Act is amended (

a) as to

section 8 by striking out subsection (3), (

b) as to

section 18, subsection (6) by striking out the word "Director" and by substituting the words "Provincial Chief Coroner", (

c) as to

section 18 by striking out subsection (8). 18. This Act comes into force on the day upon which it is assented to. 2

II.

Section 32, subsection (10) presently reads:

(10) No certificate, certified ·copy or phot.ographic print shall be issued under this Act in respect of the registration of an adoption, change of name, or dissolution or annulment of marriage. 12. Original records not admissible in evidence. 13. Self-explanatory.

Section 37 presently reads: 37. The Director may compile, publish and distribute such statistical infiormation respecting the births, stillbirths, marriages, deaths, adoptions, changes of name, and dissolutio·ns and annulments of mar riage registered during any period as he may deem necessary and in the public interest.

Section 38 presently reads: 38,. As soon as convenient after the first day of January in each year, the Director shall make for the use of the Assembly and for public information, a statisUcal report of the births, stillbirths, mar riages, deaths, adoptions, changes of name, and dissolutions and an nulments of marriage during the preceding calendar year.

Section 50, clause (

g) presently reads: 50. The Lieutenant Governor in Council may make regulations (

g) for the registration of births, marriages, deaths, stillbirths, dissolutions and annUlments of marriage, adoptions or changes of name in cases not otherwise provided for in this Act, 17. The Coroners Act,

section 8, subsection (3) and

section 18, subsections (6) and (8) presently read: 2

(3) Where the Director has, under The Vital Statistics Act, 1959, ordered an investigation of a sudden death or death following an operation or an accident, it is not ne·cessary for the coroner to issue his warrant to take possession of or view the body if after inquiry into all the circumstances ~onnected with the death the coroner is satisfied that it is unnecessary to hold an inquest.

(6) Where a coroner is required to make or is making an investiga tion into a death other than a death from or in circumstances referred to in subsection (5), (

a) if the cause of death is ill-defined, obscure or unknown, or (

b) if the deceased apparently died from disease, conditions re sulting from disease, sickness or other natural causes, (

c) Repealed. (1963, c. 12, s. 11) the coroner shall obtain the consent of the Director before ordering a post-mortem examination.

(8) The coroner shall submit accounts that are payable in respect of a post-mortem examination ordered or held with the consent of the Director to the Director. Title: 1970 (16th, 3rd) Bill 36,

An Act to amend The Vital Statistics Act, 1959

Document details

Collection	Alberta — Bills
Citation	L16 S3 4728
Type	bill
Volume / chapter	L16 S3 4728
Language	en
Format	json
Source	PROVINCIAL
Identifier	59f73bd5d8d19c3ed7548b4b5a5a03a266e2fb2f

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