Bill 28 (Legislature 30, Session 2)

L30 S2 11861

Alberta — Bills

2020 Bill 28 Second Session, 30th Legislature, 69 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 28 VITAL STATISTICS (PROTECTING ALBERTANS FROM CONVICTED SEX OFFENDERS) AMENDMENT ACT, 2020 THE MINISTER OF SERVICE ALBERTA First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 28 BILL 28 2020 VITAL STATISTICS (PROTECTING ALBERTANS FROM CONVICTED SEX OFFENDERS) AMENDMENT ACT, 2020 ( A s s e n t e d t o , 2 0 2 0 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends SA 2007 cV-4.1 1 The Vital Statistics Act is amended by this Act. 2

Section 1(1) is amended by adding the following after clause (g): (g.1) “designated offence” means an offence prescribed in the regulations as a designated offence; 3

Section 22(2)(

a) is amended by adding “and has not been convicted of a designated offence” after “age”. 4

Section 24(2) is amended (

a) in clause (

j) by striking out “law enforcement agency” and substituting “fingerprinting agency”;

1 Explanatory Notes Explanatory Notes 1 Amends

chapter V-4.1 of the Statutes of Alberta, 2007. 2

Section 1(1) presently reads in part: 1(1) In this Act, (g) “deliver” means to deliver information or documents to the Registrar or another recipient in a manner authorized by the regulations and in a form required by the Registrar; 3

Section 22(2)(

a) presently reads:

(2) An application under this Part to change a name may be made only by a person who is a resident of Alberta and who (

a) is at least 18 years of age, or 4

Section 24(2) presently reads in part:

(2) The applicant shall file the following documents with the application:

2 (

b) by adding the follo wing after clause (j): (j.1) if the person whose name is being changed is 18 years of age or older, the information required by the regulations to confirm that the person has not been convicted of a designated offence; 5

Section 50(1) is amended (

a) by striking out “and 18” and substituting “, 18 and 25”; (

b) by striking out “and” at the end of clause (c), by adding “and” at the end of clause (

d) and by adding the following after clause (d): (

e) in the case of a change of name record, 75 years has elapsed since the registration of the name change 6

Section 51.3 is amended by adding the following after subsection (1):

(1.1) The Registrar shall refuse to register a name proposed under

Part 3 if the person for whom the applicant is requesting the change of name is 18 years of age or older and has been convicted of a designated offence.

2 Explanatory Notes (

j) unless the Registrar considers it to be unnecessary, where the person whose name is being changed is 12 years of age or older, the person’s fingerprints as taken by a law enforcement agency acceptable to the Registrar; 5

Section 50(1) presently reads: 50(1) Despite sections 14, 17 and 18, a record may be transferred to the Provincial Archives for management, including release on request, in accordance with the Provincial Archives Program, if (

a) in the case of a birth record, including where an adoption or surrogacy has occurred, 120 years has elapsed since the date of the birth or 50 years has elapsed since the date of the death, (

b) in the case of a stillbirth record, 75 years has elapsed since the date of the stillbirth, (

c) in the case of a marriage record, 75 years has elapsed since the date of the marriage, and (

d) in the case of a death reco rd, 50 years has elapsed since the date of the death of the person to whom the request relates. 6

Section 51.3(1) presently reads: 51.3(1) Despite

section 8, the Registrar may, in the Registrar’s discretion, refuse to register a name proposed under

Part 1 or

Part 3 if (

a) the proposed name does not include a first and last name, (

b) in the Registrar’s opinion the proposed name might (

i) reasonably be expected to cause confusion, (ii) be a cause of embarrassment to any person, (iii) be used in a manner that could defraud or mislead the public, or

3 7

Section 76(1) is amended (

a) by adding the followi ng after clause (b.1): (b.11) respecting the informati on that is required to confirm that a person has not been convicted of a designated offence; (

b) by adding the follo wing after clause (h): (

i) prescribing offences as designated offences.

3 Explanatory Notes (iv) be objectionable on any other grounds, or (

c) in the Registrar’s opinion the application for change of name in question is made in respect of a person who has made frequent changes of registered name. 7

Section 76(1) presently reads in part: 76(1) The Lieutenant Governor in Council may make regulations (b.1) respecting information that may or must be provided and any other matter relating to an application for amendment of the sex on a birth record and the requirements for completing documents for registration; (

h) respecting the evidence referred to in

section 33(6).

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2020 (30th, 2nd) Bill 28, Vital Statistics (Protecting Albertans from Convicted Sex Offenders) Amendment Act, 2020

Document details

Collection	Alberta — Bills
Citation	L30 S2 11861
Type	bill
Volume / chapter	L30 S2 11861
Language	en
Format	json
Source	PROVINCIAL
Identifier	fb54a05017fa93509a5a532d0ef9a8b0ef56acac

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