Bill 61 — Second Session, 18Th Legislature, 25 Elizabeth Ii the Legislative Assembly of Alberta Bill 61 the Vital Statistic'S Amendment Act, 1976 (Legislature 18, Session 2)

L18 S2 5633

Alberta — Bills

1976 Bill 61 Second Session, 18th Legislature, 25 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 61 THE VITAL STATISTIC'S AMENDMENT ACT, 1976 MR. WOLSTENHOLME First Reading .............................. . Second Reading ............................ . Third Reading ............................. . Printed by the Queen', Printer for the Province of Albertil, EDMONTON

Bill 61 Mr. Wolstenholme BILL 61 1976 THE VITAL STATISTICS AMENDMENT ACT, 1976 (Assented to , 1976) HER MAJESTY, by and with the 'advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Vital Statistics Act is hereby amended.

Section 2 is ame.nded (

a) by adding the following clause after clause 14: 14.1 "medical examiner" means a medical examiner appointed under The Fatality Inquiries Act; (

b) as to clause 21 by striking out the words "after at least twenty weeks' pregnancy, or".

Section 9, subsection (3) is amended by striking out the. words "a coroner" and by substituting the ·words "a medical examiner" .

Explanatory Notes I. This Bill will amend

chapter 384 of the Revised Statutes of Alberta 1970. 2. Defines "medical examiner" for the purposes of this Act.

Section 2, clause 21 presently reads: 21. "stillbirth" means the complete expulsion or the extraction from the mother after at least twenty weeks' pregnancy, or after attaining a weight of five hundred grams or more, of a fetus 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.

Section 9, subsection (3) presently reads:

(3) The legally qualified medical practitioner in attendance at a stillbirth, or, where there is no legally qualified medical practitioner in attendance, a legally qualified medical practitioner or a coroner shall complete the medical certificate included in the prescribed form showing the cause of the stillbirth and shall deliver it to the funeral director.

Section 15 is amended (

a) as to subsection (2) by striking out clauses (c), (d), (

e) and (

f) and by substituting the following clauses: (

c) if no relative is available, (

i) by any adult person present at the death, or (ii) by any 'Other adult person having knowl edge of the facts, or (iii) by an adult occupant of the house in which the death occurred, or (

d) by the medical examiner who has made an in vestigation under The Fatality Inquiries Act. (

b) by striking out subsections (3), (4), (5) and (6) and by substituting the following subsection:

(3) The personal particulars requested pursuant to subsection (2) shall be provided as soon as pos sible and not later than five days from the date of the request. and (

c) as to subsection (7) by adding after the words "the medical certificate" the words "or the interim medical certificate". 5. The following sections are added after

section 15: 15.1

(1) In this

section and in

section 15.2 "physician" means (

a) a person who is registered under The Medical Pro fession Act, 1975 as a medical practitioner. or (

b) a person who is registered under The Medical Pro fession Act, 1975 in the Educational Register, and who is not under suspension.

(2) In this

section "International Classification" means 2

Section 15, subsections (2), clauses (c), (d), (

e) and (f), subsections (3), (4), (5), (6) and (7) presently read:

(2) The personal particulars of the deceased person shall, upon the request of the funeral director, be completed in the prescribed form and delivered to the funeral director, (

c) if no relative is available, by any adult person present at the death, or (

d) by any other adult person having knowledge of the facts, or (

e) by the occupier of the house in which the death occurred, or (

f) by the coroner who has been notified of the death and has made an in quiry or held an inquest regarding the death.

(3) The legally qualified medical practitioner who was last in attendance during the last illness of the deceased, or the coroner who conducts an inquest on the body or an inquiry into the circumstances of the death, shall forthwith after the death, inquest or inquiry, as the case may be, complete and sign a medical certificate in the prescribed form, stating therein the cause of death ac cording to the International List of Causes of Death, as last revised by the International Commission assembled for that purpose, and shall forthwith cause the medical certificate to be delivered to the funeral director.

(4) Where a death occurs without medical attendance, or where the legally qualified medical practitioner mentioned in subsection (3) is not available to complete the medical certificate, and where there is no reason to believe that the death was the result of any of the circumstances set forth in subsection (6), the funeral director shall forthwith notify a coroner having jurisdiction or the local medical health officer, or a legally qualified medical practitioner designated by the coroner or by the medical health officer, who shall thereupon inquire into the facts and shall complete the medical certificate in accordance with sub section (3).

(5) Where a district registrar is satisfied that there was no coroner, no local medical health officer, and no legally qualified medical practitioner within reasonable distance from the place where a death has occurred, and that it is not reasonably practicable to have the medical certificate completed as pro vided in subsection (4), the district registrar may, in lieu of the medical certifi cate, prepare and sign a certificate prepared from the statements of relatives of the deceased or of other persons having adequate knowledge of the facts.

(6) Subject to

section 18, subsection (2) where there is reason to believe that a person has died (

a) as a result of violence or misadventure, or (

b) by unlawful means, or (

c) as a result of negligence or misconduct on the part of others, or (

d) under circumstances that require Investigation, no acknowledgement of registration of the death and no burial permit shall be issued by the district registrar unless (

e) the body has been examined by the coroner and inquiry has been made into the circumstances of the death, as provided by The Coroners Act, (n the coroner has signed the medical certificate of the cause of death in accordance with subsection (3), and (

g) the other provisions of this Act respecting the registration of the death have been complied with. .

(7) Upon receipt of the personal particulars respecting the deceased and of the medical certificate, the funeral director shall complete the statement in the prescribed form, and shall forthwith deliver the completed statement to the district registrar of the registration district in which the death occured, or if the place of death is not known, to the district registrar of the registration district in which the body was found. 5. 15.1 Medioal certificate of death and interim medical certifi cate of death. 2

the International Statistical ClassHication 'Of Diseases, In juries and Causes of Death as last revised by the Inter national Conference assembled for that purpose and pub lished by the World Health Organizati'On, as modified by any regulations made under

section 50, clause (g.l).

(3) Where (

a) a physician (

i) has attended the deceased p'erso~ in relation to his final illness at least once durIng the 10 days immediately preceding the death, (ii) ,is able to certify the medical caus'e of death with reasonable accuracy, and (iii) has no reason to believe that the deceased died under circumstances which require the noti fication of a medical examiner under The Fatality Inquiries Act, 'Or (

b) a medical examiner conducts an investigation into the death pursuant to The Fatality Inquiries Act, the phys;cian or the medical 'examiner, as the case may be, shall within 48 hours of the death, complete and sign a medical certificate in the prescribed form stating therein the cause of death according to the International Classification and shall forthwith cause the medkal eertificate to be delivered to the funeral director in the prescribed manner and a copv of the medical eertificate to be sent t'O the Chief Medical Examiner appo[nted pursuant to The Fatality In quiries Act.

(4) Notwithstanding subsection (3), the physician or the medical examiner, as the case may he, may issue an interim medical certificate where (

a) the cause of death cannot be det'ermined within 48 hours of the death, and (

b) either (

i) an autopsy is performed. or (ii) an investigation is commenced under The. Fatality Inquiries Act, and (

c) the physician. who performs the autopsy or the medIcal examIner who commences an investigation under T~e Fatality Inquiries Act, as the case may be, consIders that the body is n'O longer required for the purposes of the autopsy or investigation.

(5) Where an interim medical certificate is issued under subsection (4), the physician or the medical examiner as the case may be, shall ' 3

(a) (

b) forthwith cause the interim medical certificate to be provided to the funeral director in the prescribed manner, and complete and sign the medical certificat'e referred to in subsection (3) as soon as possible and not later than 30 days after the interim medical certificate is issued. 15.2 Where (

a) a death occurs without the attendance of a physician in relation to the final illness of the deceased during the 10 days immediately preeeding the death, or (

b) the physician who attended the deceased is for any reason unable to complete the medical certificate referred to in Isection 15.1 within 48 hours of the death, the funeral director or the physician, as the cas'e may be, shall forthwith notify a medical examiner who shall there upon conduct an investigation into the death in accordance with The Fatality Inquiri& Act.

Section 18 is amended (

a) by striking out subsection (2), and (

b) as to subsection (6) by adding after the words "or other proper officer" the words "and countersigned by a medical 'examiner". 7. The following

section is added after

section 18 : 18.1 Notwithstanding

section 18, subsections (1) and (3), (

a) the district registrar may issue a burial permit where an interim m'edical certificate has been issued pursuant to

section 15.2, and (

b) where the district registrar issues a burial permit under clause (a), the body may be buried or other wise disposed of even though the registration of death has not been complet'ed.

Section 21, subsection (1) is amended by striking out ~he words ".or under

an Act or ordinance of another prov Ince or terrItory of Canada" and by substituting the words "or in accordanee with the laws of the jurisdiction in which the person was resident at the time of the change of name". 4

15.2 Notification of medical examiner.

Section 18, subsections (2) and (6) presently read:

(2) When a person dies under any of the circumstances referred to in

section 15, subsection (6), if it is impossible for the time being for the coroner to complete a medical certificate, the district registrar, upon the coroner releasing the body for burial. shall issue a burial permit and the coroner shal!, within two days of his determining the cause of death, or the completion of his investigation, deliver or mail to the district registrar a medical certificate.

(6) Where a death occurs outside the Province and the burial or other dis position of the body is to take place in the Province, a burial permit or such other document as is prescribed under the law of the Province or country in which death occurs, signed by the district registrar or other proper officer, is sufficient authority for the burial or other disposition of the body. 7. 18.1 Burial permits may be issued where there is an interim medical certificate.

Section 21, subsection (1) presently reads: 21.

(1) Where the name of a person is changed under The Change of Name Act 1973, or under

an Act or ordinance of another province or territory of Canada, the Director, on production to him of proof 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 Province, shall cause a notation of the change to be made on the registration thereof, and (

b) if the change was made under The Change of Name Act, 1973, and the person was born or married outside the Province, shall transmit to the officer in charge of the registration of births and marriages in the juris diction in which the person was born or married a copy of the proof of the change of name produced to the Director. 4

Section 92 is amended (

a) as to subsection (4) by adding the following clause afte.r clause (a): (a.

l) to the legal representative of a party to the marriage, or (

b) as to subsection (6) by renumbering clause (aJ as clause (a.1 J and by adding the following clause before. renumbered clause (a.1): (

a) to the next of kin of the deceased, or

Section 41 is amended by renumbering the

section as subsection (1) and by adding the following subsection:

(2) Notwithstanding subsection (1), wherever a notation on a registration is authorized under

section 8, 21, 21.1 or 22, the notation may be made on a separate document which may be microfilmed and retained with the microfilm of the registration.

Section 44, subsection (2) is amended by strikin.q out the word "rgistrar" and by substituting the word "regis trar".

Section 50 is amended (

a) by adding the following clause after clause (f): (f.1) prescribing the manner in which m,edical cer tificates and int'erim medical certificates are to be provided to funeral directors, (

b) by adding the following clause after clause ( g) : (g.

l) prescribing modifications of the International Statistical Classification of Dis'ease, Injuries and Causes of Death for the purposes of sec tion 15.1, (

c) as to clause (

l) by striking out the words "the births of all children born" and by substituting the words "births and deaths". 13. This Act comes into force on a date to be fixed by ProcZamat1.On. 5

Section 32, subsections (14) and (6) presently read:

(4) A certified copy or photographic print of the registration of a marriage, may be issued only (

a) to a party to the marriage, or (

b) to a person upon the authority in writing of the Minister, or (

c) to a person upon the order of a judge of a court, and only upon application in the prescribed form and upon payment of the prescribed fee.

(6) No certificate issued in respect of the registration of a death shall be issued in such a manner as to disclose the cause of death as certified on the medical certificate, except (

a) upon the authority in writing of the Minister, or (

b) upon the order of a judge of a court. 10. Notations on microfilmed registrations. II. Corrects a printing error.

Section 50, clause (1) presently reads: 50. The Lieutenant Governor in Council may make regulations (1) requiring persons in charge of hospitals to make returns of the births of all children born in the hospitals. 5 Title: 1976 (18th, 2nd) Bill 61, The Vital Statistics Amendment Act, 1976

Document details

Collection	Alberta — Bills
Citation	L18 S2 5633
Type	bill
Volume / chapter	L18 S2 5633
Language	en
Format	json
Source	PROVINCIAL
Identifier	8a4b26fc6a807bbf207e1391894c79e1929c0e21

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