Second

Session, 46th General Assembly

Elizabeth II, 2009

BILL 42

AN ACT TO AMEND THE

VITAL

STATISTICS ACT, 2009

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

KEVIN O'BRIEN

Minister

of Government Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill proposes minor amendments to the Vital Statistics Act, 2009 .

It would

correct an inconsistency in the

time frame respecting registration of marriages;

allow nurse practitioners and

registered nurses to sign the medical certificate portion of the death registration

form for deaths and stillbirths in the absence of a medical practitioner; and

clarify who may obtain a birth certificate of a deceased person.

The Bill would make the corrections contained in it

retroactive to the date the Vital

Statistics Act, 2009 came into force.

A BILL

AN ACT TO AMEND THE VITAL

STATISTICS ACT, 2009

Analysis

S.14 Amdt.

Registration of stillbirth

2. S.15 R&S

Registration of death required

S.16 R&S

Cause of death

4. S.21 Amdt.

Registration of marriages

S.30 Amdt.

Birth certificate

6. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2009 cV-6.01

1. Subsection 14(3) of the Vital Statistics Act, 2009 is repealed and the following

substituted:

(3) A

(

a) medical practitioner

in attendance at a stillbirth;

(

b) nurse practitioner,

where that person is in attendance but no medical practitioner is in attendance

at a stillbirth;

(

c) registered nurse, where that person is in

attendance but no medical practitioner or nurse practitioner is in attendance

at a stillbirth; or

(

d) medical practitioner who was not in attendance

at the stillbirth or the chief medical examiner, where none of the persons

referred to in paragraphs (

a) to (

c) were in attendance at a stillbirth

shall complete the medical certificate portion of the death registration

form showing the cause of the stillbirth and shall deliver it to the funeral

director.

Section 15 of the Act is repealed and the

following substituted:

Registration of

death required

(1) Where

a person dies in the province, his or her death shall be registered as required

by this Act.

(2) The funeral director shall, immediately after

the death of a person, obtain the personal particulars of the deceased from

(

a) the nearest relative

of the deceased present at the death or in attendance at the last illness of

the deceased;

(

b) where a relative as

defined in

section 2 is not available, another relative of the deceased;

(

c) where a relative is

not available, an adult person present at the death;

(

d) another adult person

having knowledge of the facts;

(

e) the occupier of the

house in which the death occurred; or

(

f) the chief medical

examiner where the chief medical examiner has been notified of the death and

has made an investigation or held an inquiry regarding the death,

and the funeral director shall, from those particulars, complete a statement

in the required form of the personal particulars of the deceased.

(3) The funeral director shall immediately after

the death obtain from the medical practitioner who was last in attendance

during the last illness of the deceased or the chief medical examiner who has

conducted an investigation or an inquiry regarding the circumstances of the

death, a medical certificate portion of the death registration in the required

form stating in it the cause of death.

(4) Notwithstanding subsection (3), where

(

a) no medical practitioner was in attendance

during the last illness of the deceased but a nurse practitioner was in attendance,

the medical certificate portion of the death registration required under that

subsection may be signed by that nurse practitioner; or

(

b) neither a medical

practitioner nor a nurse practitioner was in attendance during the last illness

of the deceased but a registered nurse was in attendance, the medical

certificate portion of the death registration required under that subsection

may be signed by that registered nurse.

(5) Where

(

a) a death occurs

without medical attendance;

(

b) the medical

practitioner referred to in subsection (3) is not available to complete the

medical certificate portion of the death registration form; or

(

c) the nurse

practitioner or registered nurse referred to in subsection (4) is not available

to complete the medical certificate portion of the death registration form,

and where there is no reason to believe

that the death was the result of circumstances referred to in subsection 17 (2), the funeral director shall

immediately notify the chief medical examiner or a medical practitioner

designated by the chief medical examiner, who shall inquire into the facts of

the case and shall complete the medical certificate portion of the death

registration form in accordance with

section 16 .

Section 16 of the Act is repealed and the

following substituted:

Cause of death

(1) The

medical practitioner, nurse practitioner or registered nurse who was last in

attendance during the last illness of the deceased, or the chief medical

examiner where the chief medical examiner has conducted an investigation on the

body or an inquiry into the circumstances of the death, shall, upon the request

of the funeral director, complete the medical certificate portion of the death

registration in the required form indicating the cause of death of the deceased

and provide it to the funeral director at the same time the body is released to

him or her.

(2) The medical practitioner, nurse practitioner,

registered nurse or chief medical examiner shall send a copy of the completed

medical certificate portion of the death registration form to the registrar

general.

(3) The cause of death referred to in subsection

(1) shall be listed according to the International Statistical Classification

of Diseases and Related Health Problems as last revised by the International

Conference for that purpose and published by the World Health Organisation.

4. Subsection 21(3) of the Act is amended by

deleting the number and word "5 days" and substituting the number and

word "7 days".

Section 30 of the Act is amended by adding

immediately after subsection (2) the following:

(2.1) Where a person has died, and his or her birth

occurred less than 100 years ago, the registrar general may issue a certificate

of birth or a certified copy of the registration of the person's birth only to

(

a) a spouse, cohabiting

partner, adult child or adult sibling of the deceased;

(

b) the executor or

administrator of the person's estate;

(

c) a person authorized

in writing by a person referred to in paragraph (

a) or (b); or

(

d) a person on the order

of a court.

Commencement

6. This Act shall be considered to have come into

force on October

1, 2009 .

Earl G. Tucker, Queen's Printer