Alberta Gazette — 30 June 2018 (Part II)

30 June 2018

Alberta — Gazette

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b) forms that are no longer current are destroyed by being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

Document details

CollectionAlberta — Gazette
Citation30 June 2018
Typegazette
Volume / chapter12 Jun30 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifierd0a7a37b0eb732dc3f308ff328ecb91352deb617

Source file is stored in the law ingest library (html).