Alberta Gazette — 30 June 2018 (Part II)
30 June 2018
Alberta — Gazette
Alberta Regulation 103/2018
Marriage Act
MARRIAGE ACT AMENDMENT REGULATION
Filed: June 5, 2018
For information only: Made by the Minister of Service Alberta (M.O. SA:016/2018)
on June 5, 2018 pursuant to
section 29 of the Marriage Act.
1 The Marriage Act Regulation (AR 162/2000) is amended
by this Regulation.
Section 2 is amended
(
a) by adding the following after subsection (2):
(2.1) A consent of a co-decision-maker appointed under
section
13 of the Adult Guardianship and Trusteeship Act, in satisfaction
section 18 of that Act in respect of a marriage licence for an
assisted adult as defined in that Act, must be in Form 2.1.
(2.2) An affidavit of proof of 30 days' notice prior to issuance of
a marriage licence, required under
section 27(2)(
a) of the Act in
respect of a party to an intended marriage to whom
section 27(1)
of the Act applies, must be in Form 2.2.
(
b) by repealing subsections (3), (5) and (6).
Section 3 is amended by repealing subsection (3).
Section 4 is amended
(
a) by repealing subsection (1);
(
b) by repealing subsection (3) and substituting the
following:
(3) An issuer shall, at least once a week and as required by the
Registrar, send to the Registrar
(
a) all marriage licence affidavits and any affidavits or
other documents executed specifically as part of issuing
the marriage licence, and
(
b) all supporting documents required as part of issuing a
marriage licence.
(
c) by repealing subsection (5) and substituting the
following:
(5) An issuer shall maintain records of all appointments and
terminations of deputy issuers.
Section 5 is amended by repealing subsection (2).
6 The following is added after
section 5:
Marriage licence fees
5.1 The fee payable for a marriage licence is $40.
Duties respecting forms, evidence
5.2(1) An issuer shall keep the following forms or evidence in a
secure place:
(
a) an adequate supply of all blank forms provided by the
Registrar;
(
b) completed or partially completed forms;
(
c) any other forms or evidence necessary to carry out their
duties under the Act or this Regulation.
(2) An issuer shall ensure that
(
a) only the current forms established by the Minister are used
for the purposes of the Act and this Regulation, and
(
b) forms that are no longer current are destroyed by being
shredded by the issuer or by a bonded company engaged by
the issuer.
Section 7 is repealed.
8 The
Schedule is amended
(
a) by repealing Form 1 and Form 2 and substituting
the following:
Form 1
Marriage Act
(Section 14)
Affidavit for Marriage
Licence Application
I, (Last Name and All Given Name(s))
of (Street Address)
(City/Town/Village/Hamlet) (Postal Code) (Province/Country)
make oath and say that:
1 My present marital status is: (Never married, Widowed, Divorced).
2 I am years old.
3 I intend to marry
(Last Name and All Given Name(s))
of (City/Town/Village/Hamlet) (Province/Country) .
4 According to the best of my knowledge and belief
(
a) there are no marriages nor any lawful causes to bar this marriage from
taking place. I am not marrying my Grandparent, Parent, Grandchild,
Child or Sibling who is related by whole blood, half blood or by
adoption,
(
b) neither I nor my intended spouse is a party to an intended marriage to
whom
section 27(1) of the Act applies, or if either has been found to be a
party to an intended marriage to whom
section 27(1) of the Act applies,
proof of 30 days' notice prior to the issuance of a marriage licence as
required by law has been provided, and
(
c) neither I nor my intended spouse are presently under the influence of
alcohol or drugs.
(Signature)
SWORN before me at (City/Town/Village) , Alberta,
Dated
(Signature of Marriage Licence Issuer (or Deputy) in and for the Province of Alberta)
(Name of Marriage Licence Issuer (or Deputy))
(Marriage Licence Issuer Number)
I agree that neither I nor my intended spouse is the property of the other. I am
aware that the laws of Alberta and Canada affirm my right to live within a marriage
free from violence and abuse.
(Signature)
(Name of Registry Agent) (Marriage Licence No.)
This information is collected in accordance with the Marriage Act and the Marriage
Act Regulation. It is required by Vital Statistics to process your application and
issue your marriage licence. Collection is authorized under
section 33(
a) and (
c) of
the Freedom of Information and Protection of Privacy Act. Vital Statistics may also
use your contact information for survey purposes. Questions about the collection of
this information can be directed to Vital Statistics at Box 2023, Edmonton, AB
T5J 4W7 or (780) 427-7013 (toll free 310-0000 within Alberta).
Form 2
Marriage Act
(Section 19)
Affidavit of Guardian Consent
In the matter of an application for a marriage licence, by the minor,
(Full name of minor) , who is 16 or 17 years old.
Print the full names of the parent(
s) and all other guardians of this minor.
Guardians must provide proof of guardianship.
(Full name of parent/guardian)
(Relationship to minor (i.e., parent, guardian))
I/we make oath and say that:
? I am/we are the parent(s)/guardian(
s) of the minor.
? I/we consent to the minor's marriage.
? All parents/guardians are named above and I/we understand all our consents
are required.
(Signature (parent/guardian))
(Signature (parent/guardian))
(Signature (parent/guardian))
(Signature (parent/guardian))
Sworn/Affirmed before me at ________________)
In the Province of _________________________)
Dated ___________________________________)
(Signature of Notary Public or a Commissioner for Oaths in and for
the Province of Alberta/Marriage Licence Issuer (or Deputy))
(Name of Notary Public or Commissioner for Oaths/Marriage Licence
Issuer (or Deputy))
(Expiry Date of Commission)
This information is collected in accordance with the Marriage Act and the Marriage
Act Regulation. It is required by Vital Statistics to process your application and
issue your marriage licence. Collection is authorized under
section 33(
a) and (
c) of
the Freedom of Information and Protection of Privacy Act. Questions about the
collection can be directed to Vital Statistics at Box 2023, Edmonton, AB T5J 4W7
or (780) 427-7013 (toll free 310-0000 within Alberta).
(
b) by adding the following after Form 2:
Form 2.1
Adult Guardianship and Trusteeship Act
(Section 18)
Consent of Co-decision-maker
Marriage Licence for an Assisted Adult
In the matter of an application for a marriage licence
by an assisted adult who has a co-decision-maker
Name of assisted adult (Full name of assisted adult)
I, (Full Name of co-decision-maker) of (Address)
being a co-decision-maker with the assisted adult named above, consent to the
issuance of a marriage licence to the assisted adult.
(Signature of co-decision-maker) (Date)
Witness (must be 18 years of age or older)
(Print full name of witness
(Signature of witness) (Relationship of witness) to co-decision-maker)
(Address of witness) (City/Town) (Province) (Postal/Code) (Phone Number)
* Date of signing must be within one year of the application.
** A witness cannot be involved in and does not stand to benefit or be impacted
by the application or service being requested and is not otherwise in conflict
of interest with respect to the application or service being required.
This information is collected in accordance with the Marriage Act and the Marriage
Act Regulation. It is required by Vital Statistics to process your application and
issue your marriage licence. Collection is authorized under
section 33(
a) and (
c) of
the Freedom of Information and Protection of Privacy Act. Questions about the
collection can be directed to Vital Statistics at Box 2023, Edmonton, AB T5J 4W7
or (780) 427-7013 (toll free 310-0000 within Alberta).
Form 2.2
Marriage Act
(Section 27(2)(a))
Affidavit of Proof of 30 Days' Notice Prior
to Issuance of a Marriage Licence for a
Represented Adult or Dependent Adult
In the matter of an application for a marriage licence for
(Full name of represented adult or dependent adult) ,
a represented adult who has guardian(s)/trustee(s).
I, (Full Name of guardian/trustee) of (Address)
Being a guardian or trustee of the represented adult or dependent adult named
above,
Make oath and say that:
I have been given 30 days' notice prior to the issuance of a marriage
licence to the represented adult or dependent adult named above.
I have not filed an Originating Notice or Notice of Motion concerning
the issuance of this marriage licence.
I am aware that all guardians/trustees named in the order must sign an
Affidavit of Proof of 30 Days' Notice prior to Issuance of a Marriage
Licence.
(Signature of Guardian or Trustee)
Sworn/Affirmed before me at
_________________________
In the Province of ________________
dated __________________________
(Signature)
Notary Public/Commissioner for Oaths
in and for the Province of Alberta
Print name
Expiry Date of Commission
Date of signing must be within one year of the application.
This information is collected in accordance with the Marriage Act and the Marriage
Act Regulation. It is required by Vital Statistics to process your application and
issue your marriage licence. Collection is authorized under
section 33(
a) and (
c) of
the Freedom of Information and Protection of Privacy Act. Questions about the
collection can be directed to Vital Statistics at Box 2023, Edmonton, AB T5J 4W7
or (780) 427-7013 (toll free 310-0000 within Alberta).
(
c) by repealing Form 3, Form 4 and Form 5.
9 This Regulation comes into force on the coming into
force of
section 38 of the Vital Statistics and Life Events
Modernization Act.
Alberta Regulation 104/2018
Government Organization Act
IDENTIFICATION CARD AMENDMENT REGULATION
Filed: June 5, 2018, 2018
For information only: Made by the Minister of Service Alberta (M.O. SA:017/2018)
on June 5, 2018 pursuant to
Schedule 12,
section 20 of the Government Organization
Act.
1 The Identification Card Regulation (AR 221/2003) is
amended by this Regulation.
Section 1 is amended
(
a) by repealing clause (d.1) and substituting the
following:
(d.1) "record of birth" means a record of birth issued in
accordance with the Vital Statistics Act;
(
b) by repealing clause (d.2) and substituting the
following:
(d.2) "sex" means
(
i) the anatomical sex of a person at birth,
(ii) the sex (M, F or
X) of a person as declared to the
Minister,
(iii) following the approval of an application for
amendment of sex on an identification card
referred to in
section 9.1, the sex that corresponds
to the requested amendment, or
(iv) the sex on a person's record of birth or birth
certificate;
Section 4 is amended by adding the following after
subsection (4):
(5) The Minister shall not issue an identification card with the sex
of the applicant listed as "X" to a person who is 12 years old or
older and less than 18 years old, except following the approval of
an application for amendment of sex on an identification card
pursuant to
section 9.1.
Section 9.1(1)(
a) is amended
(
a) by repealing subsection (1)(
a) and substituting the
following:
(
a) the person's record of birth has been amended in
accordance with the Vital Statistics Information
Regulation,
(
b) in subsection (2) by adding "or birth certificate" after
"record of birth".
Section 9.2 is repealed.
Section 9.3 is repealed.
7 The following is added after
section 12:
Cancellation for misrepresentation or error
12.1(1) The Minister may, on 15 days' notice in writing to the
holder of an identification card and on providing the card holder with
the opportunity to make representations, cancel an identification card
on the grounds that
(
a) misrepresentations, false information or inaccuracies were
contained in
(
i) the card holder's application for the identification card,
(ii) a document that was provided to the Minister as proof
that the card holder was a resident of Alberta,
(
b) an error was made in issuing the identification card.
(2) Notice under subsection (1) may be sent by ordinary mail to the
postal address provided by the card holder on the application for the
identification card and shall be deemed to have been received 5 days
after the date on which it was mailed.
(3) Unless the Act or this Regulation requires otherwise, the holder
of an identification card that is cancelled under subsection (1) shall
return the card to the Minister immediately.
Section 13 is amended by striking out "section 4(3) or 9(2)"
and substituting "section 4(3), 9(2) or 12.1".
Section 17 is repealed.
10 This Regulation comes into force on the coming into
force of
section 38 of the Vital Statistics and Life Events
Modernization Act.
--------------------------------
Alberta Regulation 105/2018
Traffic Safety Act
OPERATOR LICENSING AND VEHICLE CONTROL
AMENDMENT REGULATION
Filed: June 5, 2018
For information only: Made by the Minister of Service Alberta (M.O. SA:018/2018)
on June 5, 2018 pursuant to
section 64(
a) of the Traffic Safety Act.
1 The Operator Licensing and Vehicle Control Regulation
(AR 320/2002) is amended by this Regulation.
Section 1 is amended
(
a) by repealing clause (v.1) and substituting the
following:
(v.1) "record of birth" means a record of birth issued in
accordance with the Vital Statistics Act;
(
b) in clause (x.2)
(
i) by repealing subclause (ii) and substituting the
following:
(ii) the sex on the person's record of birth or birth
certificate,
(ii) by adding "or" at the end of subclause (iii);
(iii) by adding the following after subclause (iii):
(iv) the sex (M, F or
X) of a person as declared to the
Registrar;
Section 11 is amended by adding the following after
subsection (4):
(5) The Registrar shall not issue a learner's operator's licence with
the sex of the applicant listed as "X" to any person under the age of
18 years, except following the approval of an application for
amendment of sex on an operator's licence pursuant to
section 20.1.
Section 12 is amended by adding the following after
subsection (4):
(5) The Registrar shall not issue an operator's licence with the sex
of the applicant listed as "X" to any person under the age of 18
years, except following the approval of an application for
amendment of sex on an operator's licence pursuant to
section 20.1.
Section 20.1 is amended
(
a) by repealing subsection (1)(
a) and substituting the
following:
(
a) the person's record of birth has been amended in
accordance with the Vital Statistics Information
Regulation,
(
b) in subsection (2) by adding "or birth certificate" after
"record of birth".
6 Sections 20.2 and 20.3 are repealed.
7 This Regulation comes into force on the coming into
force of
section 38 of the Vital Statistics and Life Events
Modernization Act.
Alberta Regulation 106/2018
Vital Statistics Act
VITAL STATISTICS MINISTERIAL REGULATION
Filed: June 5, 2018
For information only: Made by the Minister of Service Alberta (M.O. SA:019/2018)
on May 29, 2018 pursuant to
section 77 of the Vital Statistics Act.
Table of Contents
Definitions
2 Birth registration document and stillbirth registration document
3 Notice of birth and notice of stillbirth
4 Evidence required for registration of a non-hospital birth
within one year
5 Evidence required to amend a first name on a birth record
6 Evidence required to amend a last name on a birth record
7 Evidence required to amend a name on a birth record to a cultural
mononym
8 Evidence required to amend a name on a stillbirth record to a
cultural mononym
9 Evidence required for other amendments to a birth record
10 Evidence required for registration of a birth after one year
11 Evidence required to add a parent to a record of
birth or stillbirth after one year
12 Adoption order from a jurisdiction other than Alberta
13 Order to disclose pre-adoption information
14 Rescinding an adoption order
15 Order to disclose pre-surrogacy information
16 Evidence required to amend a name on a stillbirth record
17 Evidence required for registration of a stillbirth after one year
18 Marriage registration document
19 Registrar's discretion to register a marriage
20 Evidence required for registration of marriage after one year
21 Order to annul a marriage
22 Proof of identity - electronic registration systems and transactions
23 Proof of identity - general
24 Proof of applicant's eligibility to change a person's name
25 General consent
26 Waiving consent
27 Evidence required for registration of a death after one year
28 Evidence required for registration of death of an unidentified body
after one year
29 Burial permits
30 Disinterment and reinterment permit
31 Disinterment permit for an unidentified body
32 Certificates
33 Handling of documents
34 Fees
35 Transitional
36 Repeal
37 Expiry
38 Coming into force
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Vital Statistics Act;
(b) "next of kin" in relation to a person means the parents,
children, siblings, spouse and adult interdependent partner of
the person.
Birth registration document and stillbirth registration document
2(1) A birth registration document referred to in
section 3 of the Act
must be completed and delivered to the Registrar in a form satisfactory
to the Registrar within 10 days after the date of a birth.
(2) A stillbirth registration document referred to in
section 19(2)(
c) or
(4) of the Act must be completed and delivered to the Registrar in a
form satisfactory to the Registrar within 10 days after the date of a
stillbirth.
Notice of birth and notice of stillbirth
3(1) A notice of birth referred to in
section 4 of the Act must be
completed and delivered to the Registrar in a form satisfactory to the
Registrar within 10 days after the date of a birth.
(2) A notice of stillbirth referred to in
section 19(2)(
a) and (4) of the
Act must be completed and delivered to the Registrar in a form
satisfactory to the Registrar within 10 days after the date of a stillbirth.
Evidence required for registration of a non-hospital birth
within one year
4(1) If a notice of birth is received within one year of the date of birth
and is not completed by a physician, nurse, nurse practitioner, midwife
or hospital administrator, the evidence required for the registration of
the birth in accordance with
section 5 of the Act is as follows:
(
a) if the person who gave birth and the child were examined by
a physician, nurse, nurse practitioner or midwife within 48
hours after the birth, a letter signed by the hospital
administrator, a physician, nurse, nurse practitioner or
midwife that
(
i) establishes the full name of the person who gave birth,
(ii) states that the person referred to in subclause (
i) gave
birth to the child,
(iii) states the date and place of birth of the child, the child's
sex and, if known, the child's full name,
(iv) states the full name of the physician, nurse, nurse
practitioner or midwife who examined the person who
gave birth and the child,
(
v) states the date on which the person who gave birth and
the child were examined, and
(vi) provides the full name and contact information of the
person who wrote the letter;
(
b) if the person who gave birth and the child were not examined
by a physician, nurse, nurse practitioner or midwife as set out
in clause (a), or if the letter referred to in clause (
a) cannot be
obtained, evidence satisfactory to the Registrar that
establishes
(
i) that the person who gave birth was pregnant at the
relevant time,
(ii) that the person who gave birth was present in Alberta at
the time of the child's birth,
(iii) that the child was born alive, and
(iv) the child's sex.
(2) For the purposes of subsection (1)(b), an Alberta court order may
be used as evidence of the birth of a child if the order contains the
following information and indicates that the court is satisfied that the
information is correct:
(
a) the legal name of the person who gave birth;
(
b) the child's full name;
(
c) the child's sex;
(
d) the child's date of birth;
(
e) that the child was born alive;
(
f) that the person named in the order gave birth to the child
whose birth is to be registered;
(
g) the child's place of birth in Alberta.
Evidence required to amend a first name on a birth record
5(1) The evidence required to amend the first name of a person as
shown on the person's birth record for the purposes of
section 15(1)(
a) of the Act, or to establish a first name for a person on the person's
birth record for the purposes of
section 15(1)(
b) of the Act, is,
(
a) in the case of a child under 12 years of age, an affidavit from
the applicant stating that the person is known by a different
first name than the one that appears on the person's birth
record or, where no first name appears on the person's birth
record, that a first name has been established for the person,
(
b) if the person is 12 years of age or older, a document made
pursuant to an event occurring prior to the person's 12th
birthday that shows the first name the person used and the
person's date of birth or age at the time the document was
made.
(2) The documents that may be used as evidence for the purposes of
subsection (1)(
b) include the following if they demonstrate to the
satisfaction of the Registrar that the first name that the person is known
by is the first name of the person:
(
a) a copy of a religious record;
(
b) a copy of a health record;
(
c) an original birth certificate;
(
d) a copy of a school record;
(
e) any other documentary evidence of the first name the person
uses that is satisfactory to the Registrar.
(3) The documents listed in subsection (2) must show a last name for
the person, and that last name must be the same as that shown on the
person's birth record.
(4) Each document listed in subsection (2) that is provided as evidence
for the purposes of subsection (1) must contain or have attached to it
the contact information of the person or organization that provided it.
(5) For the purposes of
section 15(3)(
c) of the Act, an affidavit
required under
section 15(7) of the Act may be signed by
(
a) a relative of the deceased,
(
b) a personal representative, an executor or an administrator of
the deceased person's estate,
(
c) a person authorized to make the application by an Alberta
court order issued within one year of the application, or
(
d) any other person satisfactory to the Registrar.
(6) Despite subsection (7), for the purposes of subsection (5), proof of
death of the child, parents and guardians is required.
(7) For the purposes of subsection (5)(c), the order must
(
a) identify the person whose birth record is being amended,
(
b) identify the person authorized to make the application, and
(
c) confirm the death of the child, parents and guardians
pursuant to
section 15(3)(
c) of the Act.
Evidence required to amend a last name on a birth record
6(1) The evidence required to amend the last name of a person as
shown on the person's birth record may be provided by, and the
affidavit required under
section 60 of the Act may be signed by,
(
a) if the person whose birth record is being amended is younger
than 18 years of age,
(
i) the parents recorded on the birth record of the person
whose birth record is being amended and all guardians
of the person whose birth record is being amended, or
(ii) at the discretion of the Registrar, the person,
(
b) if the person whose birth record is being amended is 18 years
of age or older,
(
i) the person, or
(ii) an adult, with the consent of the person.
(2) If the person whose birth record is being amended is deceased, the
affidavit required under
section 60 of the Act may be signed by
(
a) the parents recorded on the birth record of the person whose
birth record is being amended and all guardians at the time of
death of the person whose birth record is being amended, or
(
b) a person satisfactory to the Registrar.
(3) The affidavit required under
section 60 of the Act must be
accompanied by
(
a) for the purposes of subsections (1)(a)(
i) and (2)(a),
documentary proof of guardianship,
(
b) for the purposes of subsection (1)(b)(ii), the consent of the
person in a form established by the Registrar, and
(
c) for the purposes of subsection (2), documentary proof of the
person's death.
Evidence required to amend a name on a birth record
to a cultural mononym
7(1) The evidence required to amend the name of a person as shown
on the person's birth record may be provided by, and the affidavit
required under
section 60 of the Act may be signed as follows:
(
a) if the person whose birth record is being amended is younger
than 18 years of age,
(
i) the parents recorded on the birth record of the person
whose birth record is being amended and all guardians
of the person whose birth record is being amended, or
(ii) the person, at the discretion of the Registrar;
(
b) if the person whose birth record is being amended is 18 years
of age or older,
(
i) the person, or
(ii) an adult, with the consent of the person.
(2) If the person whose birth record is being amended is deceased, the
affidavit required under
section 60 of the Act may be signed by
(
a) the parents recorded on the birth record of the person and all
guardians at the time of death of the person, or
(
b) a person satisfactory to the Registrar.
(3) The affidavit required under
section 60 of the Act must be
accompanied by
(
a) for the purposes of subsection (1)(a)(
i) and (2)(a),
documentary proof of guardianship,
(
b) for the purposes of subsection (1)(b)(ii), the consent of the
person in a form established by the Registrar, and
(
c) for the purposes of subsection (2), documentary proof of the
person's death.
Evidence required to amend a name on a stillbirth
record to a cultural mononym
8 The evidence required to amend the name of a stillborn child on
their stillbirth record may be provided by, and the affidavit required
under
section 60 of the Act may be signed by, the parents recorded on
the stillbirth record being amended.
Evidence required for other amendments to a birth record
9(1) The supporting evidence required for an amendment to a birth
record that is not otherwise specified in this Regulation may be
provided by, and the affidavit required under
section 60 of the Act may
be signed by,
(
a) if the person whose birth record is being amended is younger
than 18 years of age,
(
i) the person's parent, if the name of that parent is
recorded on the person's birth record,
(ii) the person's guardian, or
(iii) at the discretion of the Registrar, the person,
and
(
b) if the person whose birth record is being amended is 18 years
of age or older,
(
i) the person, or
(ii) an adult, with the consent of the person.
(2) If the person whose birth record is to be amended is deceased, an
affidavit may be signed by
(
a) the person who is a parent of the deceased person,
(
b) a person who, at the time of death, was a guardian of the
deceased person,
(
c) the next of kin of the deceased person,
(
d) a personal representative, an executor or an administrator of
the deceased person's estate,
(
e) the Public Trustee for the purpose of complying with the
Public Trustee Act,
(
f) the Public Trustee of another province or territory,
(
g) the agent of a Public Trustee, or
(
h) a person satisfactory to the Registrar.
(3) The affidavit must be accompanied with
(
a) for the purposes of subsection (1)(a)(ii) and (2)(b),
documentary proof of guardianship,
(
b) for the purposes of subsection (1)(b)(ii), the consent of the
person in the form established by the Registrar, and
(
c) for the purposes of subsection (2), documentary proof of the
person's death.
Evidence required for registration of a birth after one year
10(1) For the purpose of
section 6 of the Act, the supporting evidence
required for the registration of a birth after one year from the date of the
birth is either
(
a) a copy of a medical record of the birth, including but not
limited to a notice of birth, or a copy of the record of the
physician, nurse, nurse practitioner or midwife in attendance
at the birth, that is satisfactory to the Registrar, and that
contains, in respect of the person whose birth is to be
registered,
(
i) full name,
(ii) sex,
(iii) the date and place of birth,
(iv) the full name of the person who gave birth, and
(
v) the date the events recorded in the document occurred,
(
b) at least 2 of the documents respecting the birth listed in
subsection (5).
(2) An affidavit for the purposes of
section 6(
b) of the Act may be
signed by
(
a) if the person whose birth is being registered is younger than
18 years of age,
(
i) the person's parent, if the name of the parent is to be
recorded on the registration of the person's birth,
(ii) the person's guardian, or
(iii) at the discretion of the Registrar, the person,
and
(
b) if the person whose birth is being registered is 18 years of
age or older,
(
i) the person, or
(ii) an adult, with the consent of the person.
(3) If the person whose birth is being registered is deceased, an
affidavit for the purposes of
section 6(
b) of the Act may be signed by
(
a) the person who gave birth to the deceased,
(
b) a person who was a guardian of the deceased at the time of
death,
(
c) the other parent being recorded on the birth registration of the
deceased in accordance with
section 11,
(
d) an adult who is a relative of the deceased,
(
e) a personal representative, an executor or an administrator of
the deceased person's estate,
(
f) the Public Trustee for the purpose of complying with the
Public Trustee Act,
(
g) the Public Trustee of another province or territory.
(
h) the agent of a Public Trustee, or
(
i) a person satisfactory to the Registrar.
(4) The affidavit must be accompanied with
(
a) for the purposes of subsection (2)(a)(ii) and (3)(b),
documentary proof of guardianship,
(
b) for the purposes of subsection (2)(b)(ii), the consent of the
person in the form established by the Registrar,
(
c) for the purposes of subsection (3), documentary proof of the
person's death, and
(
d) for the purposes of subsection (3)(
d) to (i), documentary
proof of the applicant's relationship to the deceased person.
(5) At least 2 of the following documents that meet the requirements
of subsections (6) and (7) and that are satisfactory to the Registrar
must be submitted to the Registrar as supporting evidence under
subsection (1)(b):
(
a) a copy of an insurance policy on the life of the person that
was taken out before the person was 12 years old;
(
b) a copy of a record from
(
i) a child welfare organization under the Child, Youth and
Family Enhancement Act, or
(ii) an equivalent organization of another province or
territory;
(
c) a copy of a document issued by the federal or a provincial or
municipal government;
(
d) a copy of a school record;
(
e) a copy of an immigration or consular record;
(
f) a copy of a health record;
(
g) a copy of a marriage record issued by the Registrar in respect
of the person, or a copy of a valid certificate or other proof of
marriage issued in accordance with the laws of the
jurisdiction where the marriage occurred;
(
h) affidavits signed by 2 persons, stating
(
i) that the person signing the affidavit saw the child within
3 months after the date of birth,
(ii) the date of birth of the person whose birth is to be
registered and the place in Alberta where the birth
occurred, to the best of the knowledge and belief of the
person making the affidavit, and
(iii) the source of the knowledge or belief of the person
signing the affidavit regarding the information referred
to in subclause (ii);
(
i) a copy of a religious record that provides or accompanies the
name and contact information of the religious organization
that is responsible for the document and that is satisfactory to
the Registrar;
(
j) any other documentary evidence of the birth of the person
whose birth is to be registered that is satisfactory to the
Registrar.
(6) The documents submitted to the Registrar as supporting evidence
under subsection (1)(
b) must include the date on which the events
recorded in the documents occurred and must cumulatively establish
the following in respect of the person whose birth is being registered,
to the satisfaction of the Registrar:
(
a) the full name of the person who gave birth;
(
b) the date of the person's birth or the age of the person when
the event occurred;
(
c) the person's full name;
(
d) the person's place of birth;
(
e) the person's sex.
(7) A document referred to in subsection (1)(
b) must,
(
a) in respect of a child under the age of 12, cumulatively
establish to the satisfaction of the Registrar
(
i) that the person who gave birth was pregnant at the
relevant time,
(ii) that the person who gave birth was in Alberta at the
time of the child's birth, and
(iii) that the child was born alive,
and
(
b) in respect of a child 12 years of age or older, deal with events
that occurred at least 5 years before the application for
registration.
(8) The 2 affidavits referred to in subsection (5)(
h) together constitute
one item of evidence for the purposes of subsection (1)(b).
(9) An Alberta court order may be used as evidence for the purposes
of this
section if the court order contains the following information and
indicates that the court is satisfied that the information is correct:
(
a) the legal name under which the person is to be registered;
(
b) that the person named in the order was born alive in Alberta
and on a date specified in the order;
(
c) that the person is alive or deceased, as the case may be, at the
time of the making of the order;
(
d) the sex of the person named in the order;
(
e) the legal name of the person who gave birth;
(
f) the legal name of the other parent if that parent is being
recorded on the birth registration document.
Evidence required to add a parent to a record of
birth or stillbirth after one year
11 For the purposes of sections 6 and 19(4) of the Act,
(
a) if both the parent who gave birth and the other parent sign the
registration document referred to in
section 6(c)(
i) or 19(2)(
c) of the Act, no further supporting evidence is required to add
the particulars of a parent to a record of birth or stillbirth
after one year from the date of the birth, and
(
b) in any other case, the supporting evidence required to add the
particulars of a parent to a record of birth or stillbirth after
one year from the date of the birth is
(
i) the relevant information and supporting evidence
referred to in
section 11 of the Act,
(ii) an Alberta court order that meets the requirements
under
section 10(9), setting out the particulars of a
parent to be added to the record of birth or stillbirth, and
(iii) an affidavit setting out the evidence required in support
of a presumption of parentage under
section 8 or 8.1 of
the Family Law Act.
Adoption order from a jurisdiction other than Alberta
12 For the purposes of
section 16(3) of the Act, the Registrar must be
satisfied as to the following:
(
a) the identity of the person being adopted;
(
b) the person's legal name after adoption;
(
c) the date of the order, judgment or decree of adoption;
(
d) the full name of the adoptive parent or parents.
Order to disclose pre-adoption information
13 For the purposes of
section 17(1)(
c) of the Act, an Alberta Court
of Queen's Bench order authorizing the release of a copy of an original
birth record must contain the following to the satisfaction of the
Registrar:
(
a) the identity of the adopted person;
(
b) the full name of the person to whom the pre-adoption
information is to be released.
Rescinding an adoption order
14 For the purposes of
section 16.1 of the Act, a court order
rescinding an adoption order must contain the following to the
satisfaction of the Registrar:
(
a) the identity of the adopted person;
(
b) the date that the adoption that is being rescinded was filed in
court;
(
c) the identity of the adoptive parent or parents whose status as
adoptive parents is rescinded by the order.
Order to disclose pre-surrogacy information
15 For the purposes of
section 14(2)(
b) of the Act, an Alberta Court
of Queen's Bench order authorizing the release of a copy of an original
birth record must contain the following to the satisfaction of the
Registrar:
(
a) the identity of the person whose birth was registered as a
surrogacy;
(
b) the full name of the person to whom the pre-surrogacy
information is to be released.
Evidence required to amend a name on a stillbirth record
16(1) The name of a stillborn child as shown on a stillbirth record
may be amended by a parent of the child.
(2) The evidence required in support of an application referred to in
subsection (1) is an affidavit signed by the applicant setting out the
name of the child.
(3) For the purposes of
section 15(3)(
c) of the Act, if the parents are
deceased, an application may be made by
(
a) a person named in a court order that authorizes the
application, or
(
b) a person satisfactory to the Registrar.
(4) For the purposes of subsection (3), proof of death of the parent or
parents is required.
Evidence required for registration of a stillbirth after one year
17(1) For the purposes of
section 6 and
section 19(4) of the Act, the
supporting evidence required for the registration of a stillbirth after one
year from the date of the stillbirth is sufficient documentary evidence
listed in subsection (2) respecting the stillbirth to establish to the
satisfaction of the Registrar
(
a) the full name of the stillborn child, if known,
(
b) the date and place of the stillbirth,
(
c) the full name of the person who gave birth to the stillborn
child, and
(
d) the date the events recorded in the document occurred.
(2) The documents that may be submitted to the Registrar as
supporting evidence for the Registrar's consideration under subsection
(1) are as follows:
(
a) a copy of the medical record of the stillbirth;
(
b) a copy of the record of a medical examiner or attending
physician in respect of the stillbirth;
(
c) a copy of the record of the funeral director in respect of the
stillborn;
(
d) a copy of the burial permit in respect of the stillborn;
(
e) a copy of the disposition record in respect of the stillborn;
(
f) a copy of the cemetery or crematorium record in respect of
the stillborn;
(
g) any other documentary evidence that is satisfactory to the
Registrar.
(3) An Alberta court order may be used as evidence for the purposes
of this
section if the court order contains the following information and
indicates that the court is satisfied that the information is correct:
(
a) that the child named in the order was stillborn in Alberta and
on the date specified in the order;
(
b) the legal name of the person who gave birth;
(
c) the legal name of the other parent if the other parent is to be
recorded on the stillbirth record.
Marriage registration document
18 In the case of a marriage that occurred after September 1, 1998,
the Registrar must be satisfied as to the following information for the
purposes of sections 20 and 21 of the Act:
(
a) a valid marriage licence was issued for the date on which the
marriage occurred;
(
b) the full name of the person who solemnized the marriage and
that the person was, on the date of the marriage, a person
authorized to solemnize marriage in Alberta.
Registrar's discretion to register a marriage
19(1) For the purposes of sections 20 and 21 of the Act, the Registrar
may register a marriage that is in contravention of or does not comply
with
(
a) sections 13 and 14 of the Vital Statistics Information
Regulation
(
i) if the Registrar is satisfied based on the evidence
received that the marriage can be registered, or
(ii) if a court order is received stating the marriage is valid
despite the contravention or non-compliance,
(
b) section 18, if a court order is received stating the marriage is
valid despite the contravention or non-compliance.
(2) A court order for the purpose of this
section must contain
(
a) the date of the marriage,
(
b) the place in Alberta where the marriage occurred,
(
c) the full names of the parties to the marriage, and
(
d) a statement that the marriage is valid.
Evidence required for registration of a marriage after one year
20(1) For the purposes of
section 21(c)(ii) of the Act, the supporting
evidence required for the registration of a marriage after one year from
the date of the marriage is one of the documents respecting the
marriage listed in subsection (2) that is satisfactory to the Registrar and
contains
(
a) the full names of both parties to the marriage,
(
b) the date of the marriage and the place in Alberta where the
marriage occurred, and
(
c) the date on which the event recorded in the document
occurred.
(2) The documents that may be submitted to the Registrar as
supporting evidence under subsection (1) are as follows:
(
a) a copy of the record of the marriage as entered in a marriage
register when the marriage occurred or by the person who
solemnized the marriage, accompanied by the contact
information of the organization or person responsible for the
record;
(
b) an affidavit signed by the person who solemnized the
marriage that contains
(
i) the information required under subsection (1), and
(ii) evidence satisfactory to the Registrar
(
A) identifying the person who conducted the
marriage,
(
B) demonstrating that the person who solemnized the
marriage was, on the date of the marriage, a person
authorized to solemnize a marriage in Alberta, and
(
C) demonstrating compliance with legal requirements
applicable to the marriage;
(
c) a copy of a proof of marriage document issued under
section
11 of the Marriage Act;
(
d) any other documentary evidence concerning the marriage to
be registered that is satisfactory to the Registrar.
(3) An affidavit for the purposes of
section 21(
b) of the Act may be
made by
(
a) a party to the marriage,
(
b) the person who solemnized the marriage, or
(
c) a person satisfactory to the Registrar.
(4) An order of the Alberta Court of Queen's Bench may be used as
evidence for the purposes of this
section if the order contains the
following information and indicates that the court is satisfied that the
information is correct:
(
a) the full names of both parties to the marriage;
(
b) that the persons named in the order were married in Alberta
and, if known, the place in Alberta where the marriage
occurred;
(
c) the date when the marriage occurred;
(
d) that in the opinion of the court the marriage is valid.
Order to annul a marriage
21 For the purposes of
section 21.1(1) of the Act, an order, judgment
or decree of the Alberta Court of Queen's Bench respecting an
annulment must contain
(
a) the full names of both parties to the annulled marriage,
(
b) the date of the annulled marriage and the place in Alberta
where the annulled marriage occurred, and
(
c) a statement confirming that the marriage is annulled.
Proof of identity - electronic registration systems
and transactions
22 Despite
section 23, a person wishing to access an electronic
application, electronic registration, electronic transaction or other
electronic service must submit information satisfactory to the Registrar
to establish the identity of that person in a manner that is satisfactory to
the Registrar.
Proof of identity - general
23(1) Except as provided in
section 22, where an applicant for
information, services or records is required under the Act or
regulations to provide proof of identity, a document that meets the
following requirements constitutes acceptable proof of identity:
(
a) an original document issued by
(
i) the Government of Alberta or the government of
another province or territory,
(iii) the government of another country;
(
b) the document contains
(
i) a recognizable photograph of the person it purports to
identify,
(ii) the person's full name, and
(iii) a distinctive identification number;
(
c) if the document is one that expires, the document is valid at
the time it is presented as proof of identification;
(
d) if the document is one that does not expire, the document was
issued not more than 5 years prior to the date on which it is
presented as proof of identification.
(2) Where a person is unable to provide a document that meets the
requirements of subsection (1), the Registrar may accept as proof of
identity an order of the Alberta Court of Queen's Bench if the order
(
a) sets out the person's full name and date of birth,
(
b) states that the Court is satisfied that that person's identity is
as set out in the order,
(
c) states that the order is issued for the purpose of providing
acceptable proof of identity to enable the person to apply for
a service under the Act, and
(
d) was issued not more than 1 year prior to the date on which it
is presented to the Registrar as proof of identity.
(3) Where an application for a service under the Act is submitted by
mail, the applicant must provide as supporting evidence of proof of
identity a statutory declaration in the form established by the Registrar
that
(
a) identifies the type of document that is being used as proof of
identity,
(
b) confirms that the document is an original,
(
c) confirms the name of the provincial, federal or other
government that purports to have issued the document,
(
d) confirms the person's full name as it appears on the
document,
(
e) states the identification number of the document,
(
f) confirms that the document contains a photograph of the
person, and
(
g) if the document
(
i) is one that expires, states the expiry date and that the
document is currently valid, or
(ii) is one that does not expire, states that the document was
issued not more than 5 years prior to the date of the
application.
(4) Where a person who is applying for a service under the Act by
mail is unable to provide the original of the statutory declaration
referred to in subsection (3), the Registrar may, in the Registrar's
discretion, accept a copy, including a facsimile version, of the
document.
(5) Where a person who is applying for a service under the Act by
mail is unable to provide a statutory declaration that meets the
requirements of subsection (3), the Registrar may accept as proof of
identity a copy of an order of the Alberta Court of Queen's Bench that
meets the requirements of subsection (2).
Proof of applicant's eligibility to change a person's name
24(1) For the purposes of
Part 3 of the Act, an applicant seeking to
change the name of their spouse in a subsisting marriage, a represented
adult, their adult interdependent partner, their child or their ward must
provide documentary evidence satisfactory to the Registrar of their
eligibility to make the application, in accordance with this section.
(2) An applicant seeking to change the name of their spouse in a
subsisting marriage must provide the following proof of marital status:
(
a) if the person was married in Canada, a copy of a valid
document issued by the government of that province or
territory in which the marriage occurred;
(
b) if the person was married outside Canada,
(
i) a copy of a valid document issued by the government of
the place where the marriage occurred that is equivalent
to a document referred to in subclause (a), or
(ii) a copy of an immigration record that shows the marital
status of the person and identifies the person's spouse.
(3) An applicant seeking to change the name of their adult
interdependent partner must provide a statutory declaration satisfactory
to the Registrar confirming their relationship.
(4) Where a document referred to in subsection (2)(
b) cannot be
obtained, the applicant must provide to the Registrar an affidavit
signed by the applicant that sets out
(
a) the full names of the parties to the marriage, the date of the
marriage and the place where the marriage occurred, and
(
b) the reasons why the document cannot be obtained.
(5) An applicant who is a parent seeking to change the name of their
child must provide the following proof of parentage:
(
a) if the child was born in Alberta, a valid birth certificate, a
certified copy of a birth record or the equivalent document
issued under a former Act that shows that the applicant is a
parent of the child whose name is to be changed;
(
b) if the child was born in another province or territory, a valid
document issued by the government of that province or
territory that is equivalent to a document referred to in clause
(a);
(
c) if the child was born outside Canada,
(
i) a valid document issued by the government of the place
where the birth occurred that is equivalent to a
document referred to in clause (a), or
(ii) an immigration record that identifies the parent and the
child if the document shows the parental relationship
between the applicant and the child.
(6) Where the document referred to in subsection (5)(
c) cannot be
provided, the applicant must provide to the Registrar an affidavit
signed by the applicant that sets out the following:
(
a) the full name of the parent or parents;
(
b) the date and place of birth of the child;
(
c) the legal name of the child;
(
d) the reason why the document referred to in subsection (5)(
c) cannot be provided.
(7) An applicant who is a guardian seeking to change the name of a
child or represented adult under guardianship must provide proof
satisfactory to the Registrar of the guardianship.
General consent
25(1) Unless otherwise provided in the Act or regulations, where a
person's consent is required, the consent must be provided in
accordance with this section, in the form established by the Registrar.
(2) The person eligible to provide consent must provide the following
information to the satisfaction of the Registrar:
(
a) their full name;
(
b) their contact information;
(
c) their signature;
(
d) the date of their signature, which must be within one year of
the application;
(
e) the full name of the person to whom the consent is being
provided and their relationship to that person, where
applicable;
(
f) the purpose for which the consent is being provided.
(3) The information provided by a person giving consent must be
witnessed by a person who
(
a) is 18 years of age or older, and
(
b) in the opinion of the Registrar,
(
i) is not involved in and does not stand to benefit or be
impacted by the application or service being requested,
and
(ii) is not otherwise in a conflict of interest with respect to
the application or service being requested.
(4) A witness to a person's consent must provide the following
information to the satisfaction of the Registrar:
(
a) their full name;
(
b) their contact information;
(
c) their relationship to the person providing consent;
(
d) their signature;
(
e) the date of their signature, which must be within one year of
the application.
Waiving consent
26 For the purposes of
section 51.2 of the Act, the Registrar may
conclude that
(
a) a child is unable to give consent, on receipt of an affidavit
satisfactory to the Registrar,
(
b) a represented adult is unable to give consent, when there is a
guardianship order in effect under
Part 2, Division 3 of the
Adult Guardianship and Trusteeship Act or under the
equivalent legislation of another jurisdiction, and
(
c) the child or represented adult is unable to give consent, if the
Registrar is provided any other documentary evidence
demonstrating the incapacity to the satisfaction of the
Registrar.
Evidence required for registration of a death after one year
27(1) For the purposes of
section 35(c)(ii) of the Act, the supporting
evidence required for the registration of a death after one year from the
date of the death is sufficient documentary evidence listed in
subsection (2) respecting the death to establish to the satisfaction of the
Registrar
(
a) the full name of the deceased,
(
b) the date of death and the place in Alberta where the death
occurred, and
(
c) the date on which the events recorded in the document
occurred.
(2) The documents that may be submitted for the Registrar's
consideration as supporting evidence under subsection (1) are as
follows:
(
a) a copy of the medical record of the death;
(
b) a copy of the record of a medical examiner or attending
physician;
(
c) a copy of the record of the funeral director in respect of the
deceased;
(
d) a copy of the burial permit in respect of the deceased;
(
e) a copy of the disposition record in respect of the deceased;
(
f) a copy of the cemetery or crematorium record in respect of
the deceased;
(
g) any other document or information satisfactory to the
Registrar.
(3) An order of the Alberta Court of Queen's Bench may be used as
evidence for the purposes of this
section if the court order contains the
following information and indicates that the court is satisfied that the
information is correct:
(
a) the full name of the deceased;
(
b) the date when the death occurred;
(
c) the place in Alberta where the death occurred, if known;
(
d) the age of the deceased, if known.
Evidence required for registration of death
of an unidentified body after one year
28(1) Despite
section 27, the evidence required for the registration of
death of an unidentified body after one year is the medical certificate
of death completed in accordance with the Vital Statistics Information
Regulation.
(2) An affidavit under
section 35 of the Act is not required for the
registration of death of an unidentified body.
Burial permits
29(1) A hospital administrator, a funeral director or the Registrar may
issue a burial permit in respect of a stillborn child only if the hospital
administrator, the funeral director or the Registrar is satisfied that
(
a) the notice of stillbirth, the stillbirth registration document and
the medical certificate of stillbirth or interim medical
certificate of stillbirth have been completed in accordance
with the Act, this Regulation and the Vital Statistics
Information Regulation, and
(
b) the information contained in the notice of stillbirth, the
stillbirth registration document and the medical certificate of
stillbirth or interim medical certificate of stillbirth is accurate
and sufficient.
(2) A hospital administrator, a funeral director or the Registrar may
issue a burial permit in respect of a deceased person only if the hospital
administrator, the funeral director or the Registrar, as the case may be,
is satisfied that
(
a) the death registration document and medical certificate of
death or interim medical certificate of death have been
completed in accordance with the Act, this Regulation and
the Vital Statistics Information Regulation, and
(
b) the information contained in the death registration document
and medical certificate of death or interim medical certificate
of death is accurate and sufficient.
Disinterment and reinterment permit
30(1) In this section, "living with the deceased" includes a situation
where
(
a) the deceased resided before death in a care facility for health
reasons and the spouse or adult interdependent partner of the
deceased continued to provide the usual support customarily
associated with couples intending to continue a relationship,
(
b) the deceased and the spouse or adult interdependent partner
of the deceased were living apart at the time of death due
only to circumstances other than a breakdown of their
relationship.
(2) An application for a disinterment and reinterment permit in
accordance with sections 42 and 43 of the Act may be made by persons
in the following order of priority:
(
a) a personal representative, an executor or an administrator of
the deceased person's estate;
(
b) the spouse or adult interdependent partner of the deceased if
the spouse or adult interdependent partner was living with the
deceased at the time of death;
(
c) an adult child of the deceased;
(
d) a parent of the deceased;
(
e) a person who was a guardian of the deceased at the time of
death
(
i) under the Adult Guardianship and Trusteeship Act or, if
the deceased is a minor, under the Child, Youth and
Family Enhancement Act or the Family Law Act, or
(ii) under the equivalent legislation of another province or
territory;
(
f) an adult grandchild of the deceased;
(
g) an adult sibling of the deceased;
(
h) an adult child of a sibling of the deceased;
(
i) the Public Trustee or the agent of a Public Trustee;
(
j) an adult person having an interest in the deceased or the
estate of the deceased;
(
k) the Minister of the Government of Alberta who authorized
funding for the burial of the deceased.
(3) If, under subsection (2)(
a) or (
c) to (h), there is more than one
person of equal rank eligible to apply for a disinterment and
reinterment permit,
(
a) all of the eligible persons of equal rank who are willing to act
must agree to the application, or
(b) subsection (9) applies.
(4) Subject to subsection (5),
(
a) if there is only one person in the highest eligible rank having
the right to apply for a disinterment and reinterment permit
under this
section and that person is unwilling to act,
(
i) their interest is waived, and
(ii) the right to apply for a disinterment and reinterment
permit under this
section passes to available persons, if
any, in the next eligible rank,
and
(
b) if there is more than one person in the highest eligible rank
having the right to apply for a disinterment and reinterment
permit under this section,
(
i) the interest of any eligible person in that rank who is
unwilling to act is waived, and
(ii) an application can be made by the joint agreement of all
the eligible persons in that rank who are willing to act.
(5) If a person in the highest eligible rank objects to the proposed
disinterment and reinterment, and any other persons in that rank with
the right to apply wish to apply for a disinterment, subsection (9)
applies.
(6) The information that must be provided by an applicant for a
disinterment and reinterment permit is,
(
a) in respect of the applicant,
(
i) the applicant's full name and contact information,
(ii) the provision of subsection (2) that authorizes the
applicant to make the application, and
(iii) the applicant's signature.
(
b) in respect of any person or business who submits the
application on behalf of the applicant, the full name and
contact information of the person or business,
(
c) in respect of the deceased,
(
i) the deceased person's full name,
(ii) the date of death and the place where the death
occurred,
(iii) the name and location where the deceased is currently
interred,
(iv) the name and location of the cemetery, crematorium or
other place of disposition where the deceased person's
remains will be disposed, and
(
v) the full name and contact information of the person to
whom the disinterment permit is to be delivered,
and
(
d) any other information required by the Registrar.
(7) An application under subsection (6) must be in the form of an
affidavit.
(8) This
section applies, with any necessary modifications, to an
application for a permit that is limited to
(
a) the disinterment of a dead human body under
section 42 of
the Act, or
(
b) the reinterment of a dead human body under
section 43(3) of
the Act.
(9) Where
(
a) there is a dispute concerning a disinterment and reinterment
permit under this section,
(
b) a person whose agreement is required is unavailable, or
(
c) the Registrar otherwise considers appropriate,
an applicant may apply to the Alberta Court of Queen's Bench for an
order in respect of the application.
(10) An order referred to in subsection (9) must
(
a) identify the deceased,
(
b) indicate whether the Registrar should issue or refuse to issue
a disinterment and reinterment permit or a permit that is
limited to
(
i) the disinterment of a dead human body under
section 42
of the Act, or
(ii) the reinterment of a dead human body under
section
43(3) of the Act,
and
(
c) indicates, if a permit is to be issued under this section, the
applicant to whom the permit should be issued.
Disinterment permit for an unidentified body
31(1) An application for a disinterment permit for an unidentified
body may be made by a person who
(
a) completes an application in the form established by the
Registrar, and
(
b) provides a copy of an order of the Alberta Court of Queen's
Bench authorizing the issuance of a disinterment permit.
(2) The order referred to in subsection (2)(
b) must contain
(
a) the location of the unidentified body to be disinterred,
(
b) the arrangements that have been made for reinterment or
other disposition of the unidentified body, including the
location of the reinterment,
(
c) evidence, to the satisfaction of the Registrar, to distinguish
the unidentified body from other bodies, and
(
d) the name of the person to whom the permit is to be issued.
Certificates
32(1) At the Registrar's discretion, the information that may appear
on certificates issued pursuant to
section 48 of the Act is,
(
a) for a birth certificate,
(
i) the legal name of the person as recorded on the birth
record,
(ii) the date of birth and the place in Alberta where the
person was born,
(iii) the sex of the person,
(iv) the full names and places of birth of the persons listed
as parents on the person's birth record,
(
v) the date on which the person's birth was registered,
(vi) the registration number assigned to it, and
(vii) the date on which the certificate was issued;
(
b) for a marriage certificate,
(
i) the full names of the spouses as recorded on the
marriage record,
(ii) the date of the marriage and the place in Alberta where
the marriage occurred,
(iii) the places of birth of the spouses,
(iv) the date on which the marriage was registered,
(
v) the registration number assigned to it, and
(vi) the date on which the certificate was issued;
(
c) for a certificate of death,
(
i) the full name of the deceased as recorded on the death
record,
(ii) the age of the deceased at the time of death,
(iii) the sex of the deceased,
(iv) the marital status of the deceased at the time of death,
(
v) the usual place of residence of the deceased prior to
death,
(vi) the date of death and the place in Alberta where the
death occurred,
(vii) the date on which the death was registered,
(viii) the registration number assigned to it, and
(ix) the date on which the certificate was issued;
(
d) for a certificate of change of name,
(
i) the previous full name of the person whose name was
changed,
(ii) the new full name of the person whose name was
changed,
(iii) the date on which the change of name was registered,
(iv) the registration number assigned to it, and
(
v) the date on which the certificate was issued.
(2) If the person in respect of whom a birth certificate or a certified
copy of a birth record is being issued is deceased, the Registrar must
ensure that "Deceased" is printed prominently on the front of the
certificate or certified copy of the birth record, as the case may be.
Handling of documents
33(1) A hospital administrator, a funeral director, a nurse practitioner
or a midwife must keep in a secure place any of the following forms
and documents that are in that person's possession:
(
a) an adequate supply of all blank forms provided by the
Registrar;
(
b) completed or partially completed birth, stillbirth or death
registration documents;
(
c) completed or partially completed notices of birth or stillbirth;
(
d) completed or partially completed medical certificates or
interim medical certificates of death or stillbirth;
(
e) any other forms or evidence with respect to any document
referred to in clauses (
b) to (d).
(2) A hospital administrator, a funeral director, a nurse practitioner or
a midwife must, at least once a week, deliver to the Registrar the
completed documents referred to in subsection (1)(
b) to (
d) and any
other forms or accompanying evidence referred to in subsection (1)(
e) required by the Registrar.
(3) A hospital administrator, a funeral director, a nurse practitioner or
a midwife must ensure that
(
a) only the current forms established by the Registrar are used
for purposes of the Act, this Regulation and the Vital
Statistics Information Regulation,
(
b) forms that are no longer current are destroyed by being
shredded by the hospital administrator, the funeral director,
the nurse practitioner or the midwife or by a bonded
company engaged by the hospital administrator, the funeral
director, the nurse practitioner or the midwife, and
(
c) any vital statistics information that may be in their possession
but which is not needed for the performance of their duties
under the Act is
(
i) in the case of a paper record, destroyed by being
shredded by the hospital administrator, the funeral
director, the nurse practitioner or the midwife or by a
bonded company engaged by the hospital administrator,
the funeral director, the nurse practitioner or the
midwife, or
(ii) in the case of an electronic record,
(
A) properly disposed of by the hospital administrator,
nurse practitioner or midwife, in accordance with
the Health Information Act, or
(
B) permanently deleted by the funeral director, so as
to prevent any reasonably anticipated unauthorized
use or disclosure or unauthorized access to the
information following its disposal.
(4) A hospital administrator, a funeral director, a nurse practitioner or
a midwife may not charge a fee for the performance of a duty under
the Act, this Regulation or the Vital Statistics Information Regulation.
Fees
34(1) The fees for services under the Act are set out in the
Schedule
to this Regulation.
(2) No fees may be charged for
(
a) an amendment to a record if the amendment is requested
within 90 days of the birth, marriage, death or stillbirth,
(
b) issuing a replacement document to a person because the
previously issued document contained information
inconsistent with that on the record, on the return of the
previously issued document,
(
c) an amendment to a death record in respect of a person who
was originally registered as an unidentified body but who has
subsequently been identified, or
(
d) an amendment to a death record in respect of a person who
was originally registered as a person presumed dead and
whose body has subsequently been found.
(3) The Registrar may, in the Registrar's discretion,
(
a) enter into an agreement with an applicant seeking
information under
section 41 of the Vital Statistics
Information Regulation, including the fees to be charged, if
any, and
(
b) include provisions in an agreement with an applicant seeking
information under
section 42 of the Vital Statistics
Information Regulation concerning the fees to be charged, if
any.
(4) The Registrar may, in the Registrar's discretion, waive all or any
part of a fee listed in the Schedule.
Transitional
35(1) All registrations, applications and information submitted to the
Registrar on or before the coming into force of this regulation shall
proceed and be used as if the registration, application or information
had been submitted under this regulation.
(2) Following the coming into force of this regulation the Registrar
may, in the Registrar's discretion, accept a registration, application or
information submitted to the Registrar in the form required
immediately before the coming into force of this regulation.
(3) The Registrar may request additional information consistent with
the Act, this Regulation or the Vital Statistics Information Regulation,
with respect to any registration, application or information referred to
in this section.
Repeal
36 The Vital Statistics Ministerial Regulation (AR 12/2012) is
repealed.
Expiry
37 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on October 31, 2021.
Coming into force
38 This Regulation comes into force on the coming into force of
section 38 of the Vital Statistics and Life Events Modernization Act,
SA 2016 c26.
Schedule
Fees
1 Fee for registration after one year from the date of
birth $ 20
stillbirth 20
marriage 20
death 20
2 Fee to amend
a birth registration record 20
a stillbirth registration record 20
a marriage registration record 20
a death registration record 20
3 Fee for registration of change of name 120
4 Fee for a search of
registration records and report, for each name 20
5 Fee for a certificate of
birth 20
marriage 20
death 20
change of name 20
6 Fee for certified copies of a registration record,
or an extract from it, of
birth 20
stillbirth 20
marriage 20
death 20
7 Fee for a certified copy of a medical or interim medical certificate
death or stillbirth 20
--------------------------------
Alberta Regulation 107/2018
Traffic Safety Act
BILL OF LADING AND CONDITIONS OF CARRIAGE
AMENDMENT REGULATION
Filed: June 7, 2018
For information only: Made by the Minister of Transportation (M.O. 06/18) on June
5, 2018 pursuant to
section 156 of the Traffic Safety Act.
1 The Bill of Lading and Conditions of Carriage Regulation
(AR 313/2002) is amended by this Regulation.
Section 7 is amended
(
a) in subsection (1) by striking out "Livestock
Identification and Brand Inspection Act" and substituting
"Livestock Identification and Commerce Act";
(
b) by repealing subsection (7) and substituting the
following:
(7) A livestock manifest or permit referred to in subsection
(1) shall be in the form prescribed in the Livestock Identification
and Commerce General Regulation (AR 208/2008) under the
Livestock Identification and Commerce Act.
Section 19 is repealed.
--------------------------------
Alberta Regulation 108/2018
Vital Statistics Act
VITAL STATISTICS INFORMATION REGULATION
Filed: June 7, 2018
For information only: Made by the Lieutenant Governor in Council (O.C. 193/2018)
on June 7, 2018 pursuant to
section 76 of the Vital Statistics Act.
Table of Contents
Definitions
Registration Information and
Application Requirements
2 Birth and stillbirth registration
3 Information required for a birth registration document
4 Birth registration document in respect of adoption
5 Birth registration document in respect of surrogacy
6 Notice of birth or stillbirth
7 Registration of a birth after one year
8 Information required for a stillbirth registration document
9 Medical certificate of stillbirth
10 Conflicting information
11 Interim medical certificate of stillbirth
12 Registration of a stillbirth after one year
13 Information required for a marriage registration document
14 Registration of a marriage after one year
15 Information required for a change of name
16 Non-binary identifier
17 Amendment of sex on a birth record - eligibility to apply
18 Amendment of sex on a birth
record - affidavit requirement
19 Amendment of sex on a birth record - information for
minors less than 12 years of age
20 Registrar's powers and duties
21 Information required to amend the sex on the
record of a subsisting marriage
22 Information required for a death registration document
23 Information required for registration of death in respect
of an unidentified body
24 Information required for registration of a presumed death
25 Registration of a death after one year
26 Medical certificate of death
27 Conflicting information
28 Interim medical certificate of death
29 Delivery to the Registrar
30 General consent
31 Waiving consent
Release of Information
32 Application
33 Designated agent
34 Birth certificate or certified copy of a birth record
35 Marriage certificate or certified copy of a marriage record
36 Death certificate or certified copy of a death record
37 Certified copy of a stillbirth record
38 Certified copy of a medical certificate or an interim
medical certificate of stillbirth or death
39 Certificate of change of name
40 Search of registration records
41 Release of information
42 Duties of researcher
Transitional
43 Transitional
Repeal, Expiry and Coming into Force
44 Repeal
45 Expiry
46 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Vital Statistics Act;
(b) "medical certificate" includes a final medical certificate and
an interim medical certificate, unless otherwise specified;
(c) "next of kin" in relation to a person means the parents,
children, siblings, spouse and adult interdependent partner of
the person.
Registration Information and
Application Requirements
Birth and stillbirth registration
2(1) In this section, "incapable" means
(
a) unable because of death,
(
b) unable because of a mental or physical disability, or
(
c) that the Registrar is otherwise satisfied that a person is
unable.
(2) For the purposes of sections 3 and 19(2)(c)(
i) of the Act, the
person who gave birth and the other parent must complete and deliver
the following to the Registrar:
(
a) a birth registration document for the registration of the child
born in Alberta;
(
b) a stillbirth registration document for the registration of a
child stillborn in Alberta.
(3) If the other parent of the child is not known to or is
unacknowledged by the person who gave birth to the child, the person
who gave birth shall complete and sign the registration document.
(4) The particulars of the other parent of a child may be registered
only if the other parent is not a surrogate or adoptive parent and
(
a) if both the person who gave birth and the other parent
determined in accordance with
section 8 or 8.1 of the Family
Law Act sign the registration document, or
(
b) if the other parent of a child died after conception but within
one year after the birth of the child and the person who gave
birth provides an affidavit demonstrating proof of death to
the satisfaction of the Registrar.
(5) If the person who gave birth is incapable of completing the
registration document, the registration document may be completed,
subject to subsection (7), by a person who has sufficient knowledge of
the child's birth to provide the information required under
section 3,
and is
(
a) a person who has been appointed guardian of the child
pursuant to a guardian order, or
(
b) either
(
i) the parent of the child, where the parent makes an
affidavit setting out the evidence required in support of
a presumption of parentage under
section 8 or
section
8.1 of the Family Law Act, or
(ii) a person who has been granted a declaration of
parentage under
section 9 of the Family Law Act or an
equivalent order from another province or territory of
Canada.
(6) If the person who gave birth is incapable of completing the
registration document, and a person referred to in subsection (5) is not
available to complete the registration document on behalf of the person
who gave birth, it may be completed by
(
a) the guardian of the person who gave birth, if one has been
appointed
(
i) by a court in Alberta or by a court in another province
or territory of Canada, or
(ii) under the Adult Guardianship and Trusteeship Act or an
equivalent enactment of another province or territory of
Canada,
(
b) the agent of the person who gave birth, if one has been
appointed under the Personal Directives Act or an equivalent
enactment of another province or territory of Canada, or
(
c) the parent or guardian of the person who gave birth, if the
person who gave birth is a minor.
(7) A person who completes a registration document on behalf of the
person who gave birth under subsection (5) or (6) shall provide a
written explanation in the form of an affidavit as to why the person
who gave birth is incapable of completing the registration document.
(8) Where the person who gave birth is incapable of completing the
registration document, information in respect of the other parent of the
child may be provided by a person who meets the requirements set out
in subsection (5)(b).
(9) If a birth or stillbirth takes place in a hospital as defined in
section
1 of the Hospitals Act, the hospital administrator or midwife must use
their best efforts to ensure that a registration document is completed by
the person responsible in accordance with this
section and must ensure
that it is delivered to the Registrar within 10 days from the date of
birth.
(10) If a registration document is incomplete, the hospital
administrator or midwife must immediately notify the person who
provided the partial information and use their best efforts to ensure that
the person provides the additional information necessary to complete
the registration document and deliver it to the Registrar.
(11) If a notice of birth is not received by the Registrar, a replacement
document must be completed and delivered to the Registrar by the
hospital administrator or midwife within 10 days from the date of
birth.
(12) This
section does not apply to
(
a) a birth or stillbirth registration document completed in
accordance with
section 13 or 14 of the Act, or
(
b) a birth registration document completed in accordance with
section 16 of the Act.
(13) For the purposes of
section 8 of the Act, where the parents do not
agree on the last name to be used for the child because the person who
gave birth is incapable, a person who meets the requirements set out in
subsection (5) may choose the last name to be used for the registration
of the birth or stillbirth.
Information required for a birth registration document
3(1) The information that must be provided in respect of a child for
the registration within one year of the birth of the child is as follows:
(
a) the full name of the child;
(
b) the date and place in Alberta where the birth occurred;
(
c) if the pregnancy resulted in the birth or stillbirth of more than
one child, the number of children born or stillborn and the
order of birth or stillbirth of the child being registered;
(
d) the sex of the child.
(2) The information that must be provided in respect of the person
who gave birth for the registration of the birth of a child is as follows:
(
a) in the case of an online registration,
(
i) legal name and e-mail address,
(ii) the usual home address of the person who gave birth,
and
(iii) subject to
section 2(5) and (6), the signature of the
person who gave birth in the manner determined by the
Registrar;
(
b) in any other case,
(
i) legal name,
(ii) the usual home address of the person who gave birth,
and
(iii) subject to
section 2(5) and (6), the signature of the
person who gave birth.
(3) Additional information that must be provided, if available, in
respect of the person who gave birth for the registration of the birth of
a child is as follows:
(
a) date and place of birth;
(
b) age;
(
c) marital status;
(
d) currently used name;
(
e) contact information.
(4) The information that must be provided in respect of the other
parent listed on the registration document is as follows:
(
a) legal name;
(
b) sex;
(
c) either
(
i) the signature of the other parent, if the person who gave
birth has signed the registration of birth document, or
(ii) if the person who gave birth did not sign the registration
of birth document, the signature of the other parent on
the birth registration document and an affidavit setting
out the evidence required under
section 2(5)(
b) in
support of a presumption of parentage under
section 8
or 8.1 of the Family Law Act, a declaration of parentage
under
section 9 of the Family Law Act or an equivalent
enactment of another province or territory of Canada.
(5) Additional information that must be provided, if available, in
respect of the other parent, if the other parent is listed on the
registration document, is as follows:
(
a) date and place of birth;
(
b) age.
(6) The information that must be provided in respect of a person who
completes the birth registration document on behalf of the person who
gave birth under
section 2(5) or (6) is as follows:
(
a) full name;
(
b) contact information;
(
c) relationship to the child;
(
d) signature.
(7) Additional information that must be provided, if available, is the
date on which the registration document was signed by the person who
gave birth, the other parent under
section 2(5) or the person who
completed the birth registration document under subsection (6) or
section 2(6).
(8) This
section does not apply to the registration of the birth
completed in accordance with
section 13, 14 or 16 of the Act.
Birth registration document in respect of adoption
4(1) For the purposes of
section 16 of the Act, the information that
must be provided to the Registrar in respect of an adopted person is as
follows:
(
a) the person's full name as it should appear pursuant to the
adoption order;
(
b) the person's sex as originally recorded or the person's sex as
amended prior to the adoption;
(
c) the person's date and place of birth as recorded on the birth
record.
(2) For the purposes of
section 16 of the Act, the legal name of the
parent must be provided to the Registrar in respect of each of the
person's adoptive parent or parents.
(3) For the purposes of
section 16 of the Act, the information that
must be provided, if available, to the Registrar in respect of each of the
person's adoptive parent or parents is as follows:
(
a) the adoptive parent's date and place of birth;
(
b) the currently used name of the adoptive parent, if different
from the parent's legal name;
(
c) the adoptive parent's contact information;
(
d) the adoptive parent's signature and the date of the signature.
(4) For the purposes of
section 16 of the Act, the information that
must be provided, if available, in respect of a person who completes a
birth registration document on behalf of an adoptive parent or parents
is as follows:
(
a) full name;
(
b) relationship to child;
(
c) contact information;
(
d) signature;
(
e) date signed.
Birth registration document in respect of surrogacy
5(1) For the purposes of
section 14 of the Act, the information that
must be provided to the Registrar in respect of a surrogate birth is as
follows:
(
a) the child's full name as it appears in the declaration of the
court under
section 8.2 of the Family Law Act;
(
b) the child's sex as recorded on the birth record;
(
c) the child's date and place of birth as recorded on the birth
record.
(2) For the purposes of
section 14 of the Act, the legal name of the
parent must be provided to the Registrar in respect of a person who is
declared to be a parent of the child by the Court under
section 8.2(6) of
the Family Law Act, and any person who as a result of that declaration
is a parent of the child under
section 8.1 of the Family Law Act.
(3) For the purposes of
section 14 of the Act, the information that
must be provided, if available, to the Registrar in respect of each
parent to be listed on the registration of a surrogate birth is as follows:
(
a) the parent's currently used name, if different,
(
b) the parent's marital status,
(
c) the parent's contact information,
(
d) the parent's date and place of birth, and
(
e) the parent's signature and the date of the signature.
Notice of birth or stillbirth
6(1) The information that must be provided on a notice of birth or
stillbirth, to the extent that it is known to the person completing the
notice, is as follows:
(
a) the child's date and place of birth or stillbirth;
(
b) the full name of the person who gave birth;
(
c) whether the pregnancy was a single or multiple pregnancy;
(
d) the birth order of the child, in the case of a multiple
pregnancy;
(
e) whether the child was born alive or stillborn;
(
f) the child's sex, if determined;
(
g) the type and full name of attendant at the birth or stillbirth;
(
h) the full name and contact information of the person
completing the notice;
(
i) if the birth or stillbirth occurred outside a hospital, the
attendant's name, contact information, signature and
relationship to the child.
(2) In addition to the information required under subsection (1), the
following information must be provided, if available, on a notice of
birth or stillbirth:
(
a) the full name of the child;
(
b) the time of birth or stillbirth;
(
c) the gestational age and birth weight of the child;
(
d) the date of birth of the person who gave birth;
(
e) the marital status of the person who gave birth;
(
f) the contact information of the person who gave birth;
(
g) in the case of a birth, whether the child will be adopted;
(
h) the age of the person who gave birth;
(
i) the number of children born alive to the person who gave
birth;
(
j) the number of children stillborn to the person who gave birth;
(
k) the other parent's full name and date of birth.
Registration of a birth after one year
7(1) The information that must be provided for the registration of a
birth after one year from the date of birth is as follows:
(
a) the full name of the person;
(
b) the person's sex at birth;
(
c) the person's date and place in Alberta where the birth
occurred;
(
d) whether the person is alive at the time of registration;
(
e) the legal name of the person who gave birth;
(
f) the signature of the person registering the birth;
(
g) if the person registering the birth is not the person who gave
birth or a parent of the person whose birth is being registered,
the following information must be provided with regard to
the person who is registering the birth:
(
i) full name;
(ii) contact information;
(iii) relationship to the child.
(2) In addition to the information required under subsection (1), the
following information must also be provided, if available:
(
a) the information in respect of a birth that is required under
section 3(3);
(
b) the signature of the person who gave birth.
(3) If the name of the other parent is being recorded on the birth
registration document under
section 11 of the Vital Statistics
Ministerial Regulation, the following information must also be
provided:
(
a) the other parent's legal name and sex;
(
b) the information that is required under
section 3(5), if
available.
Information required for a stillbirth registration document
8(1) The information that must be provided in respect of a child for
the registration within one year of a stillbirth is as follows:
(
a) the last name of the child and, if available, the child's given
name;
(
b) the date and place in Alberta where the stillbirth occurred;
(
c) if the pregnancy resulted in the birth or stillbirth of more than
one child, the number of children born or stillborn and the
order of birth of the child being registered;
(
d) the sex of the child, if determined.
(2) The information that must be provided in respect of a person who
gave birth to a stillborn child is as follows:
(
a) in the case of an online registration,
(
i) legal name and e-mail address, and
(ii) subject to
section 2(5) and (6), the signature of the
person who gave birth in the manner determined by the
Registrar;
(
b) in any other case,
(
i) legal name, and
(ii) subject to
section 2(5) and (6), the signature of the
person who gave birth.
(3) The additional information that must be provided, if available, in
respect of a person who gave birth to a stillborn child is as follows:
(
a) currently used name;
(
b) date and place of birth;
(
c) age;
(
d) marital status;
(
e) contact information.
(4) The additional information that must be provided in respect of the
other parent, if the other parent is being listed on the stillbirth
registration document, is as follows:
(
a) legal name and sex;
(
b) either
(
i) the signature of the other parent, if the person who gave
birth has signed the registration of stillbirth document,
(ii) if the person who gave birth did not sign the registration
of stillbirth document, the signature of the other parent
on the stillbirth registration document and an affidavit
setting out the evidence required under
section 2(5)(
b) in support of a presumption of parentage under
section 8
or 8.1 of the Family Law Act, a declaration of parentage
under
section 9 of the Family Law Act or an equivalent
enactment of another province or territory of Canada.
(5) The additional information that must be provided, if available, in
respect of the other parent, if the other parent is listed on the stillbirth
registration document, is as follows:
(
a) date and place of birth;
(
b) age.
(6) The information that must be provided in respect of a person who
completes a stillbirth registration document under
section 2(5) and (6)
on behalf of the person who gave birth is as follows:
(
a) full name;
(
b) contact information;
(
c) signature;
(
d) relationship to the child.
(7) The information that must be provided in respect of the disposition
of the remains of a stillborn child is the name and contact information
of the funeral home, hospital or person who will be in charge of the
remains for the purpose of disposition.
(8) If a burial permit has been issued, the following information must
be provided:
(
a) the date on which the burial permit was issued;
(
b) the full name and contact information of the person or facility
who issued the burial permit.
(9) The information that must be provided, if known, in respect of the
disposition of the remains of a stillborn child is as follows:
(
a) method of disposition;
(
b) proposed date of disposition;
(
c) name and address of the cemetery, crematorium or other
place of disposition.
(10) Additional information that must be provided, if available, is the
date on which the registration document was signed by the person who
gave birth, the other parent under
section 2(5) or the person who
completed the birth registration document under subsection (6) or
section 2(6).
Medical certificate of stillbirth
9(1) The information that must be provided on a medical certificate of
stillbirth is as follows:
(
a) the date and place in Alberta where the stillbirth occurred;
(
b) the sex of the child, if determined;
(
c) the full name of
(
i) the attending physician or medical examiner, or
(ii) a nurse practitioner referred to in subsection (3);
(
d) the medical designation of the attending physician, medical
examiner or nurse practitioner;
(
e) the contact information of the attending physician, medical
examiner or nurse practitioner;
(
f) the signature of the physician, nurse practitioner or medical
examiner who completed the medical certificate of death.
(2) The information that must be provided, if known, on a medical
certificate of stillbirth is as follows:
(
a) the full name of the child;
(
b) the immediate and any antecedent or underlying causes or
significant conditions contributing to the stillbirth;
(
c) whether an autopsy was performed and, if so, the particulars;
(
d) the manipulative, instrumental or other operative procedures
used in the delivery;
(
e) whether the fetus was dead prior to the procedure referred to
in clause (d);
(
f) the nature of the procedure;
(
g) whether the death occurred before or during labour;
(
h) whether labour was induced;
(
i) the date on which the attending physician, medical examiner
or nurse practitioner signed the medical certificate of
stillbirth.
(3) When
(
a) a stillbirth occurs without the attendance of a physician
within the 14 days immediately preceding the stillbirth, or
(
b) the physician who attended the stillbirth is for any reason
unable to complete the medical certificate of stillbirth or
interim medical certificate of stillbirth within 48 hours of the
stillbirth,
the medical certificate of stillbirth may be completed by a nurse
practitioner.
Conflicting information
10 Where the date or place of the stillbirth or the sex shown on the
stillbirth registration document conflicts with the information shown
on the medical certificate of stillbirth, the information on the medical
certificate of stillbirth must be used to register the stillbirth.
Interim medical certificate of stillbirth
11 The Registrar may register a stillbirth with an interim medical
certificate of stillbirth that includes the information required under
section 9(1) and, if known,
section 9(2)(a).
Registration of a stillbirth after one year
12(1) The information that must be provided in respect of the
registration of a stillbirth after one year from the date of the stillbirth is
as follows:
(
a) the last name of the child;
(
b) the sex of the child at the time of stillbirth, if determined;
(
c) the date and place in Alberta where the stillbirth occurred;
(
d) the legal name of the person who gave birth;
(
e) the signature of the person registering the stillbirth;
(
f) if the person registering the birth is not the person who gave
birth or the other parent, the following must be provided with
regard to the person who is registering the birth:
(
i) full name;
(ii) contact information;
(iii) relationship to the child.
(2) In addition to the information required under subsection (1), the
following information must be provided, if available:
(
a) the child's given name;
(
b) the information in respect of the person who gave birth as set
out in
section 8(3);
(
c) the information in respect of disposition as set out in
section
8(7) to (9);
(
d) the signature of the person who gave birth.
(3) If the name of the other parent of the person whose stillbirth is
being registered is being recorded on the stillbirth registration
document under
section 11 of the Vital Statistics Ministerial
Regulation, the following information must also be provided,
(
a) the other parent's legal name, and
(
b) the information in respect of a birth that is required under
section 3(5) as it applies to the other parent, if available.
Information required for a marriage registration document
13(1) The information that must be provided respecting each of the
parties to a marriage for the registration of the marriage within one
year is as follows:
(
a) full name;
(
b) marital status at the time of issuance of the marriage licence;
(
c) date and place of birth;
(
d) signature.
(2) Additional information that may be provided respecting each of
the parties to the marriage is as follows:
(
a) parents' legal names;
(
b) parents' places of birth;
(
c) the sex of each party to the marriage.
(3) For each witness to a marriage
(
a) the information that must be provided for the registration of
the marriage is
(
i) full name,
(ii) signature,
and
(
b) the information provided for the registration of the marriage
may include the witness's contact information, if available.
(4) The information that must be provided in respect of the
solemnization of the marriage is as follows:
(
a) the date of the marriage;
(
b) the place in Alberta where the marriage was solemnized;
(
c) the full name and registration number of the person
authorized under the Marriage Act to solemnize the
marriage;
(
d) whether the person referred to in clause (
c) is a marriage
commissioner, a marriage registrar designated by a Local
Spiritual Assembly of the Baha'i Faith or a member of the
clergy and, if the person is a member of the clergy, the
religious denomination to which the person belongs;
(
e) the signature of the person referred to in clause (c).
Registration of a marriage after one year
14(1) The information that must be provided for the registration of a
marriage after one year is as follows:
(
a) the full name of each of the parties to the marriage;
(
b) the date of the marriage;
(
c) the place in Alberta where the marriage was solemnized.
(2) In addition to the information required under subsection (1), the
following information may be provided
(
a) the marital status of each of the parties to the marriage at the
time of issuance of the marriage licence;
(
b) the date and place of birth of each of the parties to the
marriage;
(
c) the legal names and places of birth of the parents of each of
the parties to the marriage;
(
d) the full names of each of the witnesses at the time of the
marriage;
(
e) the contact information for each of the witnesses;
(
f) the signatures of the witnesses;
(
g) the signatures of the parties to the marriage;
(
h) the full name, registration number and signature of the person
who solemnized the marriage;
(
i) whether the person referred to in clause (
h) was a marriage
commissioner, a marriage registrar designated by a Local
Spiritual Assembly of the Baha'i Faith or a member of the
clergy and, if the person was a member of the clergy, the
religious denomination to which the person belongs;
(
j) the sex of each of the parties to the marriage.
Information required for a change of name
15(1) The information that must be provided by an applicant for a
change of name under
Part 3 of the Act is the applicant's
(
a) currently used name,
(
b) date of birth,
(
c) marital status if the applicant is a minor,
(
d) proof of identity that meets the requirements of
section 22 or
23 of the Vital Statistics Ministerial Regulation,
(
e) contact information, and
(
f) signature.
(2) In addition to the requirements of subsection (1), an applicant must
also provide an affidavit confirming that the address in Alberta given
by the applicant under subsection (1) is the applicant's address.
(3) Where the applicant referred to in subsection (1) is an employee or
agent of the Government of Alberta who is making the application in
the applicant's official capacity on behalf of another person whose
name is to be changed,
(a) subsection (2) does not apply to the applicant,
(
b) the information that must be provided in respect of the
applicant is
(
i) the information required under subsection (1)(a), (
e) and
(f), and
(ii) identification satisfactory to the Registrar.
(4) Where the applicant referred to in subsection (1) is not applying in
person, the applicant must submit a statutory declaration in the form
established by the Registrar with respect to the applicant's
identification.
(5) The information that must be provided in respect of a person
referred to in
section 22(2) of the Act is
(
a) if the person whose name is to be changed is the applicant, in
addition to the information required under subsection (1),
(
i) a record of the person's fingerprints taken by a law
enforcement agency authorized in accordance with
section 24(2)(
j) of the Act,
(ii) all previous changes of name of the person,
(iii) the full name being applied for,
(iv) the person's legal name,
(
v) the person's place of birth, and
(vi) the person's sex,
and
(
b) if the person whose name is to be changed is the spouse or
adult interdependent partner of the applicant or is a
represented adult,
(
i) the information required under clause (
a) as it relates to
the person whose name is to be changed,
(ii) the person's contact information, if available,
(iii) the date of birth of the person,
(iv) the person's sex,
(
v) proof of the person's relationship to the applicant in
accordance with
section 24 of the Vital Statistics
Ministerial Regulation, and
(vi) the person's consent in the form established by the
Registrar to the change of name.
(6) The information that must be provided in respect of a child whose
name is to be changed pursuant to an application under
Part 3 of the
Act is
(
a) the child's legal name,
(
b) the date and the place of the child's birth,
(
c) the child's contact information, if available,
(
d) where the child is 12 years of age or older, a record of the
child's fingerprints taken by a law enforcement agency
authorized in accordance with
section 24(2)(
j) of the Act,
(
e) the full names of the persons listed as parents on the child's
birth record,
(
f) the full names of any guardians of the child,
(
g) proof of the parents' and guardians' relationship to the child
in accordance with
section 24 of the Vital Statistics
Ministerial Regulation,
(
h) if the child is 12 years of age or older, the child's consent to
change the name in the form established by the Registrar,
(
i) the parent's consent to change the name and any guardian's
consent to change the name in the form established by the
Registrar,
(
j) the full name that is being applied for,
(
k) the child's sex, and
(
l) all previous changes of name of the child.
Non-binary identifier
16 For the purposes of
section 29.1 of the Act, the non-binary
identifier "X" may be used on vital event records in accordance with
(
a) this Regulation, except sections 3(1)(d), 6(1)(f), 7(1)(b),
8(1)(d), 9(1)(b), 12(1)(b), 23(1)(
b) and 26(1), and
(
b) the Vital Statistics Ministerial Regulation.
Amendment of sex on a birth record - eligibility to apply
17(1) For the purposes of
section 30 of the Act, a person may apply to
amend the sex identified on a birth record that is registered in Alberta
(
a) the person is at least 18 years of age and is applying to
amend the sex identified on their own birth record,
(
b) the person is less than 18 years of age, but is widowed,
divorced, married or an adult interdependent partner or is a
parent or guardian of a minor, and is applying to amend the
sex identified on their own birth record,
(
c) the person is a parent or guardian of a minor applying to
amend the sex identified on the minor's birth record, or
(
d) the person is applying to amend the sex identified on a
minor's birth record and there is a court order under
section
69 of the Act dispensing with the parents' and guardians'
consents referred to in subsections (2) and (3).
(2) The consent of both parents listed on the minor's birth record is
required for an application under subsection (1)(
c) unless
(
a) where the applicant is a parent, the applicant makes an
affidavit stating that the applicant is the only guardian,
(
b) there is a court order that appoints guardians in lieu of the
parents, in which case the consent of those guardians is
required and the parents' consent is not required, or
(
c) there is a court order under
section 69 of the Act dispensing
with consents of the parents or guardians who do not consent.
(3) Where there is a court order that appoints guardians in addition to
the parents, the consent of those guardians to an application under
subsection (1)(
c) is also required unless there is a court order under
section 69 of the Act dispensing with the consents of those guardians.
(4) Where an application under subsection (1) is in respect of a minor
who is 12 years of age or older, and who is not the applicant, the
minor's consent is required unless there is a court order under
section
69 of the Act dispensing with the consent of the minor.
Amendment of sex on a birth record - affidavit requirement
18 An application under
section 17 must include an original affidavit
executed by the applicant, setting out the following information about
the person whose birth record is to be amended:
(
a) the person's full name;
(
b) the person's date of birth;
(
c) a statement confirming the requested amendment to the sex
identified on the birth record.
Amendment of sex on a birth record - information for
minors less than 12 years of age
19(1) If a person is applying under
section 17 to amend the sex
identified on the birth record of a minor less than 12 years of age, the
application must include a statement containing the information
required by this
section from one of the following professionals:
(
a) a regulated member of the College of Physicians and
Surgeons of Alberta under the Health Professions Act who
holds a practice permit issued under that Act;
(
b) a regulated member of the College of Alberta Psychologists
under the Health Professions Act who holds a practice permit
issued under that Act;
(
c) a regulated member of the College and Association of
Registered Nurses of Alberta under the Health Professions
Act who holds a practice permit issued under that Act;
(
d) a regulated member of the Alberta College of Social Workers
under the Health Professions Act who holds a practice permit
issued under that Act;
(
e) a person who is practising and who is authorized in a
jurisdiction other than Alberta to practise a profession
equivalent to that practised by a person referred to in clause
(a), (
b) or (
c) or (d).
(2) The statement
(
a) must be provided as an original document signed by the
professional, and
(
b) must include
(
i) the professional's name and contact information,
(ii) the professional's practice permit, licence or reference
number or equivalent identifier for professional
licensing purposes, and
(iii) the date on which the professional signed the statement,
which must be within one year of the date of the
application.
(3) The statement must set out
(
a) the name and date of birth of the person whose record of
birth is to be amended, and
(
b) the professional's confirmation that
(
i) the professional meets the requirement of subsection
(1),
(ii) the professional has treated, evaluated or consulted with
the applicant, and
(iii) in the professional opinion of the professional, the
requested amendment to the sex on the record of birth is
appropriate.
Registrar's powers and duties
20(1) On receipt of an application for amendment to the sex identified
on a birth record and of
(
a) the documents required to be filed with it in accordance with
sections 17, 18 and 19, or
(
b) proof satisfactory to the Registrar that an equivalent
amendment has been lawfully made in another province or
territory of Canada,
and on payment of the prescribed fee, the Registrar shall, if satisfied
that the Act, this Regulation and the Vital Statistics Ministerial
Regulation have been complied with, amend the sex identified on the
birth record accordingly.
(2) The Registrar may require any applicant or person to return to the
Registrar any previously issued birth certificate or certified copies of
the birth record in the applicant's or the person's possession.
Information required to amend the sex on the record of a subsisting
marriage
21(1) A person may request that the sex identified on the record of a
subsisting marriage be amended if
(
a) the person is applying to amend the sex identified on a birth
record under
section 17,
(
b) the person's birth record has been amended in accordance
with
section 20, or otherwise in accordance with Alberta law,
(
c) the person provides
(
i) proof satisfactory to the Registrar that an equivalent
amendment has occurred in a jurisdiction other than
Alberta, or
(ii) proof satisfactory to the Registrar, by affidavit, setting
out the following information about that person:
(
A) the person's full name;
(
B) the person's date and place of birth in a
jurisdiction other than Alberta;
(
C) a statement confirming the requested amendment
to the sex of that person as identified on the record
of a subsisting marriage in Alberta.
(2) The other party to the marriage must consent to the amendment in
accordance with
section 30.
(3) On receipt of a request for amendment to the sex identified on the
record of a subsisting marriage and of the documents required to be
filed with it and payment of the prescribed fee the Registrar shall, if
satisfied that the Act and Regulation have been complied with, amend
the sex on the record of the subsisting marriage accordingly.
(4) The Registrar may require any person to return to the Registrar any
previously issued marriage certificate or certified copies of the record
of marriage in the person's possession.
Information required for a death registration document
22(1) The information that must be provided in respect of a deceased
person for the registration of the death of the person within one year is
as follows:
(
a) the legal name of the deceased and the name used by the
deceased immediately prior to death, if different;
(
b) the sex of the deceased;
(
c) the age of the deceased at the time of death;
(
d) the date and place in Alberta where the death occurred;
(
e) the full name and contact information of the person who is
providing the information for registration of the death and the
person's relationship to the deceased.
(2) The additional information that must be provided, if available,
respecting the deceased person is as follows:
(
a) the deceased's date and place of birth;
(
b) the legal names and places of birth of the deceased's parents,
if known;
(
c) the deceased's occupation and type of business prior to
death;
(
d) the deceased's marital status;
(
e) whether the deceased was an adult interdependent partner at
the time of death;
(
f) the full name of the deceased's spouse or adult
interdependent partner, if any;
(
g) the deceased's usual permanent residence prior to death;
(
h) the deceased's Alberta personal health number;
(
i) the deceased's social insurance number;
(
j) the deceased's Alberta driver's licence number or
identification card number, if any.
(3) The information that must be provided in respect of the disposition
of the remains of the deceased person is the name and contact
information of the funeral home, hospital or person who is in charge of
the remains for the purpose of disposition or who will be in charge of
the remains for the purpose of disposition.
(4) If a burial permit has been issued, the information that must be
provided is as follows:
(
a) the date on which the burial permit was issued;
(
b) the full name and contact information of the person or facility
who issued the burial permit.
(5) The information that must be provided, if known, in respect of the
disposition of the remains of the deceased person is as follows:
(
a) method of disposition;
(
b) proposed date of disposition;
(
c) name and address of the cemetery, crematorium or other
place of disposition.
Information required for registration of death
in respect of an unidentified body
23(1) In the case of an unidentified body, the following information
must be provided for the registration of the death as it appears on the
medical certificate of death:
(
a) the age of the deceased;
(
b) the sex of the deceased as recorded on the medical certificate
of death;
(
c) the date of death;
(
d) the place in Alberta where the death occurred;
(
e) the full name and contact information of the person who is
providing the information for registration of the death.
(2) The information that must be provided in respect of the disposition
of the remains of an unidentified body is the name and contact
information of the funeral home, hospital or person who is in charge of
the remains for the purpose of disposition or who will be in charge of
the remains for the purpose of disposition.
(3) If a burial permit has been issued, the information that must be
provided is as follows:
(
a) the date on which the burial permit was issued;
(
b) the full name and contact information of the person who
issued the burial permit;
(4) The information that must be provided, if known, in respect of the
disposition of the remains of an unidentified body is as follows:
(
a) method of disposition;
(
b) proposed date of disposition;
(
c) name and address of the cemetery, crematorium or other
place of disposition.
Information required for registration of a presumed death
24(1) In the case where the death of a person is presumed, the
following information must be provided for the registration of the
death:
(
a) the information set out in an order of the Alberta Court of
Queen's Bench that declares or decrees that the death is
presumed to have occurred in Alberta;
(
b) the information required under
section 22(1)(
b) and (e).
(2) An order referred to subsection (1)(
a) must set out
(
a) the full name of the deceased,
(
b) the presumed date of death, and
(
c) a statement that the place where the presumed death is
presumed to have occurred is in Alberta and, if known, the
name of the place.
(3) In addition to the information required under subsection (1), unless
already contained in an order of the Alberta Court of Queen's Bench
that declares or decrees that the death is presumed to have occurred in
Alberta, the information referred to in
section 22(1)(
c) and (2), and the
deceased's legal name, must also be provided, if known, in respect of a
person who is presumed to be deceased.
(4) Section 22(3), (4) and (5) do not apply in the case of a presumed
death.
Registration of a death after one year
25(1) The information that must be provided in respect of a deceased
person for the registration of the death of the person after one year is as
follows:
(
a) the legal name and the name used by the deceased
immediately prior to death, if different;
(
b) the date of death;
(
c) the place in Alberta where the death occurred;
(
d) the sex and age of the deceased;
(
e) the full name and contact information of the person who is
providing the information for registration of the death and the
person's relationship to the deceased.
(2) In addition to the information required under subsection (1), the
information that must be provided under
section 22(2) to (5) must also
be provided, if available.
(3) This
section does not apply to the registration of a death in respect
of an unidentified body under
section 23 or the registration of a
presumed death under
section 24.
Medical certificate of death
26(1) The information in respect of a deceased person that must be
provided on the medical certificate of death is as follows:
(
a) the date and place of death;
(
b) the sex of the deceased;
(
c) the full name of
(
i) the attending physician or medical examiner, or
(ii) a nurse practitioner referred to in subsection (3);
(
d) the signature of the physician, nurse practitioner or medical
examiner who completed the medical certificate of death;
(
e) the contact information of the attending physician, nurse
practitioner or medical examiner.
(2) The information in respect of a deceased person that must be
provided, to the extent that it is known, on the medical certificate of
death is as follows:
(
a) the full name of the deceased;
(
b) the deceased's Alberta personal health number;
(
c) the age of the deceased;
(
d) the immediate cause of death and any antecedent or
underlying causes or significant conditions that contributed
to the death of the deceased;
(
e) the manner of death, which may include
(
i) the "manner of death" within the meaning of the
Fatality Inquiries Act,
(ii) the place where and the date on which the injury or
incident that resulted in the death occurred, and
(iii) a description of the circumstances of the injury or
incident;
(
f) whether an autopsy was performed and, if so, the particulars
of the autopsy, including whether further information about
the cause of death will be available at a later date;
(
g) whether the death occurred during or within one year
following a pregnancy;
(
h) whether the death occurred within 10 days of a surgical
operation and, if so, the operative findings;
(
i) the date on which the attending physician or nurse
practitioner last attended the deceased before death, if
applicable;
(
j) whether the attending physician, nurse practitioner or
medical examiner viewed the body after death;
(
k) the date on which the attending physician, nurse practitioner
or medical examiner, as the case may be, completed the
medical certificate of death;
(
l) whether notification to the medical examiner is required, if
applicable.
(3) When
(
a) a death occurs without the attendance of a physician in
relation to the final illness of the deceased during the 14 days
immediately preceding the death, or
(
b) the physician who attended the deceased is for any reason
unable to complete the medical certificate of death or interim
medical certificate of death within 48 hours of the death,
the medical certificate of death may be completed by a nurse
practitioner.
Conflicting information
27 Where the date or place of death of the deceased person shown on
a death registration document conflicts with the information shown on
the medical certificate of death, the information shown on the medical
certificate of death shall be used to register the death of the deceased
person.
Interim medical certificate of death
28 The Registrar may register a death with an interim medical
certificate of death that includes the following:
(
a) date and place of death;
(
b) the information required under
section 26(1);
(
c) the information required under
section 26(2)(a), if known.
Delivery to the Registrar
29 Where a funeral director or a hospital administrator receives a
medical certificate of death or stillbirth, the funeral director or hospital
administrator shall, within 10 days after the date of death or stillbirth,
deliver the registration document and the medical certificate to the
Registrar.
General consent
30(1) Unless otherwise provided in the Act or regulations, where a
person's consent is required, the consent must be provided in
accordance with this section, in the form established by the Registrar.
(2) The person eligible to provide consent must provide the following
information to the satisfaction of the Registrar:
(
a) their full name;
(
b) their contact information;
(
c) their signature;
(
d) the date of their signature, which must be within one year of
the application;
(
e) the full name of the person to whom the consent is being
provided and their relationship to that person, where
applicable;
(
f) the purpose for which the consent is being provided.
(3) The information provided by a person giving consent must be
witnessed by a person who
(
a) is 18 years of age or older, and
(
b) in the opinion of the Registrar,
(
i) is not involved in and does not stand to benefit or be
impacted by the application or service being requested,
and
(ii) is not otherwise in a conflict of interest with respect to
the application or service being requested.
(4) A witness to a person's consent must provide the following
information to the satisfaction of the Registrar:
(
a) their full name;
(
b) their contact information;
(
c) their relationship to the person providing consent;
(
d) their signature;
(
e) the date of the signature, which must be within one year of
the application.
Waiving consent
31 For the purposes of
section 51.2 of the Act, the Registrar may
conclude that
(
a) a child is unable to give consent, on receipt of an affidavit
satisfactory to the Registrar,
(
b) a represented adult is unable to give consent, when there is a
guardianship order in effect under
Part 2, Division 3 of the
Adult Guardianship and Trusteeship Act or under the
equivalent legislation of another jurisdiction, and
(
c) the child or represented adult is unable to give consent, if the
Registrar is provided any other documentary evidence
demonstrating the incapacity to the satisfaction of the
Registrar.
Release of Information
Application
32 The information to be provided by an eligible applicant for
information, records or services under sections 46 to 49 of the Act is
(
a) the applicant's full name,
(
b) the applicant's contact information,
(
c) the details concerning the event, information, record or
service request that are satisfactory to the Registrar,
(
d) the relationship of the applicant to the person to whom the
record applies,
(
e) proof of identity that meets the requirements of
section 22 or
23 of the Vital Statistics Ministerial Regulation or that is