Second

Session, 50th General Assembly

Charles III, 2024

BILL 77

AN ACT TO AMEND THE

VITAL STATISTICS ACT, 2009

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SARAH

STOODLEY

Minister of Digital

Government and Service Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Vital Statistics Act, 2009 to

add a definition of " aquamation ";

amend the definition of "funeral

director" to include a reference to aquamation ;

allow a parent and a legal

guardian of a deceased person to obtain a birth certificate of the deceased person;

replace references to

"Director of Child, Youth and Family

Services" with the correct reference "manager appointed under the Children,

Youth and Families Act ";

replace references to

"Trial Division" with the correct reference "Supreme

Court"; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE VITAL STATISTICS ACT,

Analysis

S.2 Amdt .

Interpretation

S.5 Amdt .

Registration of births

S.6 Amdt .

Registration of adoption orders

S.7 Amdt .

Name of child

S.8 Amdt .

Notation where no given name registered

S.10 Amdt .

Continuing liability to complete statement

S.11 Amdt .

Registrar general may register birth

S.12 Amdt .

Application for registration by other person

S.13 Amdt .

Registration of abandoned child

S.14 Amdt .

Registration of stillbirth

S.15 Amdt .

Registration of death required

S.16 Amdt .

Cause of death

S.18 Amdt .

Death registration

S.20 Amdt .

Registration of death by registrar general

S.21 Amdt .

Registration of marriages

S.22 Amdt .

Delayed registration

S.26.1 Amdt .

Change of sex designation of a child

S.27 Amdt .

Fraudulent registration and birth certificates

S.29 Amdt .

Minor change in registration

S.30 Amdt .

Birth certificate

S.37 Amdt .

Appeal

S.38 Amdt .

Publication of statistical information

S.41 Amdt .

Release of information

S.42 Amdt .

Return of certificate

S.46 Amdt .

False documents

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2009 cV-6.01

as amended

1. (1) Subsection 2(1) of the Vital Statistics Act, 2009 is amended by adding immediately before

paragraph (

a) the following:

(a.01) " aquamation "

means the disposal of a dead body

through the use of water, alkaline chemicals and heat;

(2) Paragraph 2(1)(

j) of the Act is repealed and

the following substituted:

(j) "funeral director" means an individual who takes charge of a dead human

body for the purpose of burial, cremation, aquamation ,

removal or other disposition;

(1) Subparagraph 5(2)(b)(ii) of the Act is

amended by deleting the words "he or she is" and substituting the

words "being".

(2) Paragraph 5(2)(

f) of the Act is repealed and

the following substituted:

(

f) where the child is

in the care of a manager appointed under the Children, Youth and Families Act , that

person or that person's designate

3. Subsection 6(2) of the Act is amended by

deleting the words "him or her" and substituting the words "the

registrar general".

4. Subsection 7(5) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

Section 8 of the Act is amended by deleting the

words "he or she" and substituting the words "the registrar

general".

Section 10 of the Act is amended by deleting

the words "he or she" and substituting the words "the

person".

7. (1) Subsection 11(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

registrar general".

(2) Subsection 11(2) of the Act is amended by

deleting the words "he or she is".

Section 12 of the Act is amended by deleting

the words "he or she is" wherever they appear.

9. (1) Subsection 13(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

registrar general".

(2) Subsection 13(6) of the Act is amended by deleting

the words " Director of Child, Youth and Family

Services" and substituting the words " manager appointed under the Children,

Youth and Families Act ".

10. Subsection 14(6) of the Act is amended by

deleting the words "he or she" and substituting the words "the

registrar general".

11. Subsection 15(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

12. Subsection 16(1) of the Act is amended by

deleting the words "him or her" and substituting the words "the

funeral director".

13. Subsection 18(2) of the Act is amended by

deleting the words "he or she is".

Section 20 of the Act is amended by deleting

the words "he or she is satisfied of" and substituting the words

"satisfied as to".

15. (1) Subsection 21(2) of the Act is amended by

deleting the words "he or she performs" and substituting the words

"performing".

(2) Subsection 21(3) of the Act is amended by

(

a) deleting the word "license" and

substituting the word "licence"; and

(

b) deleting the words "he or she" and

substituting the words "the marriage licence issuer".

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

deleting the words "he or she is".

Section 22 of the Act is amended by deleting

the words "he or she is satisfied of" and substituting the words

"satisfied as to".

(1) Subsection 26.1(1) of the Act is amended by

deleting the words "his or her" and substituting the word

"the".

(2) Subsection 26.1(5) of the Act is amended by

deleting the words "of Child, Youth and Family Services" wherever

they appear and substituting the words "appointed under the Children, Youth and Families Act ".

18. (1) Subsection 27(1) of the Act is amended by

deleting the words "him or her" and substituting the word "the

registrar general".

(2) Subsection 27(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

registrar general".

19. Subsection 29(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

registrar general".

20. Subsection 30(2.1) of the Act is repealed and

the following substituted:

(2.1) Where

a person has died, and the person's 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 persons birth only to

(

a) a

spouse, cohabiting partner, adult child, adult sibling or legal guardian of the

deceased;

(

b) the executor or

administrator of the persons estate;

(

c) a person whose name

appears as a parent on the registration of the birth;

(

d) a designated agent

of a person referred to in paragraph (a), (

b) or (c); or

(

e) a person on the

order of a court.

Section 37 of the Act is amended by deleting

the words "Trial Division" wherever they appear and substituting the

words "Supreme Court".

Section 38 of the Act is amended by deleting

the words "he or she" and substituting the words "the registrar

general".

23. Subsection 41(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

minister's".

Section 42 of the Act is amended by deleting

the words "in his or her possession" and substituting the words

"possession of".

25. Subparagraph 46(1)(b)(ii) of the Act is amended

by deleting the words "him or her" and substituting the words

"the person".

King's Printer