Older Uniform Acts

Uniform Vital Statistics Act (1987)

April 1987

Section
1. Interpretation
2. Notice of birth
3. Reporting of birth
4. Name of child
5. Additional evidence required by director
6. Birth registration
7. Birth registration by director
8. Foundlings
9. Alteration or addition of given name by director
10. Change of name
11. Stillbirth registration
12. Change of sex
13. Adoption registration
14. Special register of adoptions
15. Birth certificate after adoption
16. Marriage registration
17. Marriage registration by director
18. Annulment registration
19. Reporting of death
20. Medical certificate
21. Form and certificate to division registrar
22. Death registration
23. Death registration by director
24. Burial permit
25. Cemetery owner's duties
26. Births and deaths at sea or on aircraft
27. Church records
28. Fraudulent or improper registrations and certificates
29. Corrections
30. Search of records
31. Issue of certificates and copies
32. Certificates issued by director
33. Appeals
34. Power to take affidavits
35. Publication of statistical information
36. Annual report
37. Confidentiality
38. Offences
39. Regulations


Interpretation

1. In this Act

"birth" means the expulsion or extraction from its mother of a fetus which, after complete separation from its mother, shows any sign of life;

"cemetery" means land set apart or used as a place for the interment of other disposal of dead bodies, and includes a vault, mausoleum and crematorium;

"cemetery owner" includes the manager, superintendent, caretaker or other person in charge of a cemetery;

"certificate" means a certified extract of the prescribed particulars of a registration filed in the office of the director;

"cremation" means disposal of a dead body by incineration in a crematorium as provided by the Cemetery Act;

"director" means the director of Vital Statistics;

"division registrar" means a division registrar appointed for the purposes of this Act;

"error" means incorrect information, and includes omission of information;

"funeral director" means a person who takes charge of a dead body for the purpose of burial, cremation or other disposition;

"incapable" means unable because of death, illness, absence from (enacting jurisdiction), or otherwise;

"international classification" means the International Statistical Classification of Diseases, Injuries and Causes of Death as last revised by the International Conference assembled for that purpose and published by the World Health Organization;

"medical practitioner", except in section 12(1)(a), means (to be defined by each enacting jurisdiction in accordance with its own requirements);

"Minister" means the Minister to whom the administration of this Act is assigned;

"occupier" means the person occupying any dwelling, and includes the person having the management or charge of any public or private institution where persons are cared for or confined, and the proprietor, manager, keeper or other person in charge of an hotel, inn, apartment, lodging house or other dwelling or accommodation;

"prescribed" means prescribed by regulation;

"registration division" means a registration division established under this Act;

"stillbirth" means the complete expulsion or extraction from its mother after at least 20 weeks pregnancy, or after attaining a weight of at least 500 g, of a product of conception in which, after the expulsion or extraction, there is no breathing, beating of the heart, pulsation of the umbilical cord or unmistakable movement of voluntary muscle.


Notice of birth

2. The medical practitioner or other person who assumes responsibility for the delivery of a child at birth shall, within ...days after the birth, deliver or mail to the division registrar a notice of the birth in the prescribed form.

Reporting of birth

3. (1) Within 30 days after the birth of a child in (enacting jurisdiction),

(a) the mother and the father of the child,

(b) the child's mother, if the father is incapable or is unacknowledged by or unknown to the mother,

(c) the child's father if the mother is incapable,

(d) if neither parent is capable, or if the mother is incapable and the father is unacknowledged by or unknown to her, the person standing in the place of the parents of the child, or

(e) if there isn o person to whom clause (a), (b), (c) or (d) applies, any person who has knowledge of the birth of the child,

shall complete and deliver or mail a statement in the prescribed form respecting the birth to the division registrar.

(2) If the statement is made by a person under subsection (1)(b), (c), (d) or (e), the person making the statement shall make and submit with the statement a statutory declaration of the facts that require the statement to be made by the declarant.

(3) If a pregnancy results in the birth of more than one child, a separate statement for each child shall be completed and delivered or mailed as provided in subsection (1), and each statement shall state the number of children born and their order of birth.

(4) A statement shall contain particulars of the mother and, if the father makes the statement, particulars of the father.

(5) Where a statement completed by only one parent of the child or by a person who is not the child's parent is registered, the director shall amend the statement on application of any of the following persons:

(a) the child's mother and father together;

(b) the child's mother, if the father is incapable or is unacknowledged by or unknown to the mother;

(c) the child's father, if the mother is incapable.

(6) If one parent applies to amend the statement without the other because the other parent is incapable, a statutory declaration of the fact shall be attached to the application.


Name of child

4. (1) The surname of a child shall be registered as follows:

(a) if only one parent completes the form under section 3, the surname shall be the one chosen by that parent;

(b) if both parents complete the form under section 3, the surname shall be a surname chosen by both of them;

(c) if both parents complete the form under section 3, but do not agree on the child's surname the surname shall be

(i) the parents' surname, if they have the same surname, or

(ii) a surname consisting of both parents' surnames hyphenated or combined in alphabetical order, if they have different surnames;

(d) if a person who is not the child's parent completes the form under section 3, the surname shall be

(i) the parents' surname, if they have the same surname,

(ii) a surname consisting of both parents' surnames hyphenated or combined in alphabetical order, if they have different surnames, or

(iii) if only one parent is known, that parent's surname

(2) Notwithstanding subsection (1), no surname shall contain more than 2 surnames hyphenated or combined, and if the mother or father or both have a hyphenated surname, only one of the names in that surname shall be used.

(3) For the purpose of subsection (1)(c)(ii) and (d)(ii), if subsection (2) applies, the one name to be used is the name that alphabetically precedes the other.


Additional evidence required by director

5. If the division registrar is not satisfied as to the truth and sufficiency of the statement required under suction 3(1), the division registrar shall refer to the matter to the director who, in order to obtain additional evidence as may be necessary, may

(a) require the attendance of the person who signed the statement, or of any other person, and

(b) examine that person respecting any matter pertaining to the registration of the birth.

Birth registration

6. On the receipt, within one year after the birth, of a statement in the prescribed form respecting the birth, the division registrar, if satisfied as to the truth and sufficiency of the statement, shall register the birth.

Birth registration by director

7. Where a birth is not registered within one year after the birth or the division registrar has referred the matter to the director under section 5, if application for the registration is

(a) made by any person to the director in the prescribed form,

(b) verified by statutory declaration, and

(c) accompanied by a statement in the prescribed form respecting the birth and other evidence as may be prescribed,

the director shall register the birth if satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith.


Foundlings

8. (1) Where a new born child is found deserted, the person who finds the child, and any person in whose charge the child may be, shall give to the division registrar within 7 days after the finding or taking charge of the child, information possessed as to the particulars required to be registered concerning the birth of the child.

(2) The division registrar, on receipt of the information regarding the birth of the child and on being satisfied that every reasonable effort has been made to identify the child, shall

(a) require the person who found or has charge of the child

(i) to complete a statutory declaration concerning the facts of the finding of the child, and

(ii) to complete, so far as the person is able, the statement required under section 3(1),

(b) cause the child to be examined by the local medical officer of health or a medical practitioner with a view to determining as nearly as possible the date of the birth of the child,

(c) require the examiner to make a statutory declaration setting forth the facts as determined by the examination, and

(d) make a detailed report of the case and transmit it, together with the evidence regarding the birth of the child, to the director.

(3) A medical practitioner shall be paid out of the consolidated revenue fund the prescribed fee for an examination made by the medical practitioner under subsection (2).

(4) The director, on receipt of the report and the evidence under subsection (2), shall review the case and, if satisfied as to the correctness and sufficiency of the matters stated, shall determine for the child a date and place of birth, a surname and a given name and shall register the birth with that information.

(5) The director, on registering a birth under this section, shall transmit forthwith to the (Superintendent of Child Welfare) a copy of all documents respecting the child received under this section.

(6) If, subsequent to the registration of a birth under this section, the identity of the child is established to the satisfaction of the director or further relevant information is received, the director shall

(a) add to or correct the registration of birth made under this section, or

(b) cancel the registration of birth made under this section and cause a new registration in accordance with the actual facts of the birth to be made and filed in substitution for the registration first made under this section.

(7) Where a new registration of the birth of a child is made under subsection (6), the date of registration shall be as shown on the registration first made.

(8) The director shall notify the (Superintendent of Child Welfare) forthwith of any action taken under subsection (6).

(9) Where a person has received a certificate issued in respect of the registration of the birth of a child made under subsection (4), if the registration is cancelled under subsection (6), that person shall deliver or mail the certificate to the director for cancellation if the director requires.


Alteration or addition of given name by director

9. (1) Except in a case to which section 10 applies, where the birth of a child has been registered and

(a) the given name under which the child was registered is changed, or

(b) the child was registered without a given name,

both parents, the surviving parent, the guardian of the child, the person procuring the name to be changed or given, or the child after attaining the age of majority, may apply to the director setting forth the particulars of the change or of the name given, accompanied by a statutory declaration completed by the applicant and

(c) a baptismal certificate, showing the given name under which the child was baptized, or

(d) if a baptismal certificate is not procurable, other documentary evidence satisfactory to the director,

and the director, on being satisfied that the application is made in good faith and on payment of the prescribed fee, shall record the change.

(2) No alteration of or addition to a given name shall be made under this section in any registration of a birth unless the name of the child was changed or the name was given to the child within. . . . years after the birth.

[NOTE: Some jurisdictions may wish to delete subsection (2).]

(3) Any birth certificate issued after the making of an alteration or addition pursuant to this section shall be prepared as if the registration had been made containing the changed or new given name.

(4) A person who has a certificate in respect of the registration of the birth of the child that was issued before the making of an alteration or addition pursuant to this section shall, if required by the director, deliver or mail the certificate to the director for cancellation.

Change of Name

10. (1) Where the name of a person is changed in (enacting jurisdiction) under the law of (enacting jurisdiction) as it existed before (date of coming into force of [Change of Name Act] or legislation establishing a statutory procedure for change of name) or under the (Change of Name Act), or is changed in another jurisdiction by or under a law of that jurisdiction, the director, on production of proof of the change and satisfactory evidence as to the identity of the person,

(a) if the birth or marriage of the person is registered in (enacting jurisdiction), shall record the change,

(b) if the change was made under the (Change of Name Act) and the person was born or married in Canada but outside (enacting jurisdiction), shall transmit to the officer in charge of the registration of births and marriages in the province or territory of Canada in which the person was born or married a copy of the proof of the change of name produced to the director, or

(c) if the change was made under the (Change of Name Act) and the person was born or married outside Canada, shall, if requested by the person whose name has been changed, transmit to the officer in charge of the registration of births and marriages in the jurisdiction in which the person was born or married, a copy of the proof of the change of name produced to the director.

(2) Every birth or marriage certificate issued after recording a change under this section shall be issued as if the registration had been made in the name as changed.


Stillbirth Registration

11. Where a stillbirth occurs, the person who would have been responsible for the reporting of it under section 3, if it had been a birth, shall complete and deliver or mail to the funeral director a statement in the prescribed form respecting the stillbirth.

(2) The medical practitioner in attendance at a stillbirth or, where there is no medical practitioner in attendance, any other medical practitioner or a coroner shall complete the medical certificate included in the prescribed form showing the cause of the stillbirth and shall deliver or mail it to the funeral director.

(3) On receipt of the statement, the funeral director shall complete the statement setting forth the proposed date and place of burial, cremation or other disposition of the body and shall deliver or mail the statement to the division registrar.

(4) On receipt of the statement the division registrar shall register the stillbirth.

(5) On the registration of a stillbirth, the division registrar shall forthwith prepare and deliver to the person requiring them for the purpose of the burial, cremation or other disposition of the body of the stillborn child an acknowledgment that the stillbirth is registered and a burial permit.


 

Change of sex

12. (1) Where a persons anatomical sex structure has been changed to a sex other than that which appears on the persons birth certificate, the director, on production of

(a) an affidavit of 2 medical practitioners, each affidavit stating that the anatomical sex of the person has changed, and

(b) evidence satisfactory to the director as to the identity of the person, shall

(c) if the birth of the person is registered in (enacting jurisdiction) record the change of sex, and

(d) if the birth of the person is registered outside (enacting jurisdiction), transmit to the officer in charge of the registration of births in the jurisdiction in which the person is registered, a copy of the proof of the change of sex produced to the director.

(2) Every birth certificate issued after recording the change of sex under this section shall be issued as if the registration had been made with the sex as changed.


Adoption Registration

13. (1) On receipt of a certified copy of an order of adoption transmitted under the (Adoption Act,) the director shall register the adoption.

(2) Where, at the time of the registration of the adoption or at any time afterward, there is in the office of the director a registration of the birth of the person adopted, the director, on production of satisfactory evidence of the identity of the person, shall

(a) withdraw the original registration from the registration files, and

(b) substitute a registration of birth in accordance with the facts contained in the order of adoption.

(3) Where a person is adopted pursuant to an order, judgment or decree of adoption made by a court in another jurisdiction, the director,

(a) on receipt of a certified copy of the order, judgment or decree, and

(b) on production of satisfactory evidence of the identity of the person, shall, if at the time of the registration of the adoption or at any time afterward, there is in the directors office a registration of the birth of that person, register the adoption and substitute the registration of adoption in the manner referred to in subsection (2).

(4) there a person born outside (enacting jurisdiction) is adopted pursuant to the (Adoption Act), the director shall transmit a certified copy of the order of adoption to the person having charge of the registration of births in the jurisdiction in which the person was born.

[NOTE: In a jurisdiction that does not have a provision in its Adoption Act or in similar legislation requiring that a certified copy of every adoption order be forwarded to the director by the court, an additional subsection so requiring should be inserted as subsection (1) and the present subsection (1) should be amended by striking out "in accordance with the Adoption Act".]

Special register of adoptions

14. (1) The director shall maintain a special register in which shall be kept

(a) the original registrations of birth withdrawn from the registration files pursuant to section 13, and

(b) the copies of all orders, judgments and decrees received by the director for the purposes of section 13, other than the copy required for the purposes of section 13 (4).

(2) The special register and any entry, information or documents contained in it shall not be made public or disclosed to any person except on the order of the (.......................(court).

[NOTE: This section may be unnecessary if the Adoption Act covers the same ground.]

Birth certificate after adoption

15.If achild born in (enacting jurisdiction) is adopted pursuant to the laws of (enacting jurisdiction) or of another jurisdiction and a registration of adoption has been made pursuant to section 13, any certificate of birth of that child subsequently issued by the director

(a) shall be in accordance with the registration of the adoption, and

(b) in any case where parentage is shown, shall indicate the legal parents in accordance with the (Adoption Act),

and nothing shall appear on any certificate issued by the director that would disclose that the child is an adopted child.


Marriage registration

16. (1) Immediately after a person authorized by law solemnizes a marriage in (enacting jurisdiction) he or she shall prepare a statement in the prescribed form respecting the marriage, and the statement shall be signed by

(a) each of the parties to the marriage,

(b) at least 2 adult witnesses to the marriage, and

(c) the person who solemnized the marriage.

(2) The person who solemnized the marriage shall, within 7 days after the marriage, deliver or mail the completed statement to the division registrar.

(3) On the receipt within one year after a marriage of a completed statement in prescribed form respecting the marriage, the division registrar, if satisfied as to its truth and sufficiency, shall register the marriage.

Marriage registration by director

17. Where a marriage is not registered within one year after the marriage, if application for its registration is

(a) made by any person to the director in the prescribed form,

(b) verified by statutory declaration, and

(c) accompanied by a statement in the prescribed form respecting the marriage and other evidence as may be prescribed,

the director shall register the marriage if satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith.


Annulment registration

18. (1) On receipt of a statement in the prescribed form respecting the annulment of a marriage, the director shall record the annulment and delete the registration of marriage.

(2) Where a marriage solemnized in another jurisdiction is annulled in (enacting jurisdiction), the director, on receipt of the statement respecting the annulment, shall transmit a certified copy of the order, judgment or decree to the person having charge of registration of marriages in the jurisdiction in which the marriage was solemnized.

[NOTE: In a jurisdiction that does not have a provision in its Judicature Act or similar legislation requiring that a statement respecting each annulment of marriage be forwarded to the director by the court, an additional subsection so requiring should be inserted as subsection (1).

In jurisdictions that do not receive a "statement" apt words should be inserted to describe the nature of the document used for the registration.]


Reporting of death

19. The personal particulars of the deceased person shall, on the request of the funeral director, be set forth in the prescribed form and delivered to the funeral director

(a) by the nearest relative of the deceased present at the death or in attendance at the last illness of the deceased,

(b) if no such relative is available, by any relative of the deceased residing or being in the registration division,

(c) if no relative is available, by any adult person present at the death,

(d) by any other adult person having knowledge of the facts,

(e) by the occupier of the premises in which the death occurred, or

(f) by the coroner who has been notified of the death and has made an inquiry or held an inquest regarding the death.

Medical certificate

20. (1) Where

(a) a medical practitioner attended the deceased during his or her last illness, is able to certify the medical cause of death with reasonable accuracy and has no reason to believe that the deceased died under circumstances which require an inquiry or inquest under the Coroners Act,

(b) the death was natural and a medical practitioner is able to certify the medical cause of death with reasonable accuracy and has received the consent of a coroner to complete and sign the medical certificate, or

(c) a coroner conducts an inquiry or inquest into the death under the Coroners Act,

the medical practitioner or the coroner, as the case may be, shall within 48 hours after the death complete and sign a medical certificate in the prescribed form stating in it the cause of death according to the international classification and make the certificate available to the funeral director.

(2) Where

(a) a death occurred without the attendance of a medical practitioner during the last illness of the deceased, or

(b) the medical practitioner who attended the deceased is for any reason unable to complete the medical certificate within 48 hours after the death,

the funeral director or the medical practitioner, as the case may be, shall forthwith notify the coroner.

(3) Where a cause of death cannot be determined within 48 hours after the death and

(a) an autopsy is performed, or

(b) an inquiry or inquest is commenced under the Coroners Act,

and the medical practitioner who performs the autopsy or the coroner who commences an inquiry or inquest under the Coroners Act, as the case may be, considers that the body is no longer required for the purposes of the autopsy, inquiry or inquest, the medical practitioner or the coroner, as the case may be, may, notwithstanding subsection (1), issue and shall make available to the funeral director an interim medical certificate in the form required by the director.

(4) After the conclusion of the autopsy, inquiry or inquest referred to in subsection (3), the medical practitioner or coroner, as the case may be, shall complete and sign the medical certificate required under subsection (1) and deliver it to the director.


Form and certificate to division registrar

21. (1) On receipt of the form referred to in section 19 and of the medical certificate or the interim medical certificate, the funeral director shall forthwith deliver the form and certificate to the division registrar of the registration district in which the death occurred or, if the place of death is not known, to the division registrar of the registration district in which the body was found.

(2) Where it is impracticable to deliver the form and certificate to the proper division registrar, they may be delivered to the nearest division registrar.

Death registration

22. On receipt, within one year after a death, of the form and certificate under section 21, the division registrar, if satisfied as to the truth and sufficiency of the form, shall register the death.

Death registration by director

23. Where a death is not registered within one year after the death or where the division registrar refuses to register a death, if application for registration of it is made by any person to the director, accompanied by

(a) the form and certificate under section 21, and

(b) other evidence as may be prescribed,

the director, if satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith, shall register the death.


Burial permit

24. (1) On receipt of the form and certificate under section 21(1), the division registrar shall prepare and issue to the funeral director a burial permit.

(2) On receipt of the form and certificate under section 21(2), the division registrar shall prepare and issue to the funeral director a burial permit and forward the statement and certificate to the proper division registrar.

(3) No person shall

(a) bury, cremate or otherwise dispose of the body of a person who dies in (enacting jurisdiction) unless a burial permit in respect of the deceased has been obtained from a division registrar, or

(b) remove the body from the registration district in which the death occurred or the body was found, except temporarily for the purpose of preparing it for burial, cremation or other disposition.

(4) Where the body of any person is to be removed by a common carrier to the place of burial, cremation or other disposition, the removal shall not take place unless the prescribed copies of the burial permit have been affixed to the outside of the casket.

(5)The funeral director shall,

(a) at the place of burial, cremation or other disposition, remove any copies of the burial permit affixed to the outside of the casket,

(b) deliver the prescribed copy of the burial permit to the person conducting the funeral or religious service, and

(c) deliver the prescribed copy of the burial permit to the cemetery owner or, where no person is in charge of the cemetery at the time of the burial or other disposition of the body, write across the face of the burial permit the words "No person in charge", append his or her signature to the permit, and mail it to the director.

(6) Where a death occurs outside (enacting jurisdiction) and the burial, cremation or other disposition of the body is to take place in (enacting jurisdiction), a burial permit or other document authorized under the law of the place in which the death occurs, signed by the division registrar or other proper officer, is sufficient authority for the burial or other disposition of the body.

Cemetery owner's duties

25. No cemetery owner shall permit the burial, cremation or other disposition of a dead body in the cemetery unless the funeral director or the person officiating has delivered to the cemetery owner the prescribed copy of the burial permit.


Births and deaths at sea or on aircraft

26. (1) Where a birth or death occurs on a vessel underway or on an aircraft in flight, and the vessels first port of call or the aircrafts first place of landing after the birth or death, is in (enacting jurisdiction), the birth or death shall, for the purposes of this Act, be deemed to have occurred in (enacting jurisdiction)

(2) Where a vessel recovers a body at sea and the vessels first port of call after the recovery is in (enacting jurisdiction), the death shall, for the purposes of this Act, be deemed to have occurred in (enacting jurisdiction).


Church records

27. Where registers or records of baptisms, marriages or burials kept by any church or religious body in (enacting jurisdiction) are now on file or are afterward with the approval of the director placed on file in the office of the director, the registers or records shall be preserved and shall remain in the custody of the director as part of the records of the directors office.


Fraudulent or improper registrations and certificates

28. (1) On written application by any person and after notice to and hearing of all persons interested or, where the holding of a hearing is not possible, on receipt of a statutory declaration or other evidence satisfactory to the director that may be adduced by any person interested, the director, if satisfied that an event registered under this Act did not in fact occur, may

(a) order cancellation of the registration, and

(b) order that every certificate issued in respect of that registration be delivered to the director for cancellation.

(2) On written application by any person and after notice to and hearing of all persons interested or, where the holding of a hearing is not possible, on receipt of a statutory declaration or other evidence satisfactory to the director that may be adduced by any person interested, the director, if satisfied that a certificate was obtained or is being used for unlawful or improper purposes, may order the delivery to the director of that certificate.

(3) A person who possesses or controls a certificate in respect of which an order has been made under subsection (1) or (2) shall forthwith, on receipt of the order, deliver the certificate to the director for cancellation.

(4) The director shall retain all registrations and certificates cancelled under this section, together with the directors order and all related documents.

Corrections

29. (1) If, while registration documents are in the possession of a division registrar, it is reported that an error exists in the registration, other than an error of the kind referred to in section 28 (1), the division registrar shall inquire into the matter and, if satisfied that an error has been made, may correct the error.

(2) If, after registration documents have been received by the director, or registration has been made by the director, it is reported that an error exists in the registration, other than an error of the kind referred to in section 28 (1), the director shall inquire into the matter and, on the production of satisfactory evidence verified by statutory declaration, may correct the error.

(3) If, after the correction of an error, application is made for a certificate, the certificate shall be prepared as if the registration had been made containing correct particulars at the time of registration.


Search of records

30. (1) Any person, on applying, furnishing information satisfactory to the director and paying the prescribed fee, may, if the director is satisfied that the search information is not to be used for an unlawful or improper purpose, have a search made by the director

(a) for the registration of any birth, stillbirth, marriage, death, change of name or annulment of marriage, or

(b) for the record of any baptism, marriage or burial placed on file in the office of the director under section 27.

(2) The director shall make a report on the search which shall state only the following information:

(a) whether or not the birth, stillbirth, marriage, death, change of name, annulment of marriage, baptism or burial is registered or recorded;

(b) if registered, its registration number.


Issue of certificates and copies

31. (1) A certificate of birth or marriage may be issued by the director, on application in the prescribed form and on payment of the prescribed fee, only to

(a) a person named in the certificate,

(b) a parent whose name appears on the registration from which the certificate is to be issued,

(c) a spouse of a person whose name appears on the registration from which the certificate is to be issued,

(d) a person on the authorization in writing of the person named in the certificate or of the parents or spouse of the person named in the certificate,

(e) a lawyer acting for the person named in the certificate or for the parents or spouse of the person named in the certificate,

(f) a person on the order of a court,

(g) a public officer who requires it for use in the discharge of official duties, or

(h) a person on the authority in writing of the Minister.

(2) A birth certificate shall contain

(a) the name of the person,

(b) the date of birth,

(c) the place of birth,

(d) the sex of the person,

(e) the date of registration, and

(f) the registration number,

and may contain the names of the parents.

(3) A copy or certified copy of the registration of a birth may be issued by the director on application in the prescribed form and on payment of the prescribed fee only to

(a) the person to whom the registration applies, if that person is an adult,

(b) a person who is shown on the registration as the mother or father of the person in respect of whom the registration applies,

(c) a person who requires it to comply with the (Adoption Act),

(d) a public officer who requires it for use in the discharge of official duties,

(e) a person on the order of a court, or

(f) a person on the authority in writing of the Minister.

(4) A copy or certified copy of the registration of a marriage may be issued by the director on application in the prescribed form and on payment of the prescribed fee only to

(a) a party to the marriage,

(b) a person on the authority in writing of a party to the marriage,

(c) a lawyer acting for a party to the marriage,

(d) the legal representative of a party to the marriage,

(e) a person on the order of a court, or

(f) a person on the authority in writing of the Minister.

(5) Any person, on applying, furnishing information satisfactory to the director and paying the prescribed fee, may, subject to subsection (6), obtain a certificate in the prescribed form in respect of the registration of a death.

(6) No certificate issued in respect of the registration of a death shall be issued in a manner that discloses the cause of death as certified on the medical certificate, except

(a) to the mother, father, brother, sister, spouse or common law spouse of the deceased or to the adult child of the deceased,

(b) on the authority in writing of the Minister, or

(c) on the order of a court.

(7) A copy or certified copy of the registration of a death or stillbirth may only be issued on application in the prescribed form and on payment of the prescribed fee to a person

(a) on the authority in writing of the Minister,

(b) on the order of a court, or

(c) who satisfies the director that it is required to accompany an application to disinter a body.

(8) The director may refuse to issue a certificate, copy or certified copy under this section if the director has reason to believe that the document is to be used for an unlawful or improper purpose.

(9) Any person, on application in the prescribed form and on payment of the prescribed fee, may, with the approval of the director and subject to the same limitations as those set out in subsections (1), (3), (4), (6) and (7), obtain a certificate in the prescribed form in respect of the record of a baptism, marriage or burial placed on file under section 27.

(10) In respect of the issuance of the certificates, copies or certified copies, or any of them, mentioned in subsections (1), (3), (4), (6), (7) and (9), the Minister may in writing dispense with the authority required from him by those subsections or may dispense with that authority in cases and circumstances specified by him.

(11) No certificate, copy or certified copy shall be issued under this Act in respect of the registration of an adoption, change of name or annulment of marriage.

(12) Notwithstanding subsections (1), (3), (4), (6), (7) and (9), any person, on application in the prescribed form and on payment of the prescribed fee, may obtain a copy or certified copy of

(a) a registration of birth, stillbirth, marriage or death, or

(b) the record of a baptism, marriage or burial placed on file under section 27 after 100 years after the event that was registered or recorded.


Certificates issued by director

32. (1) Every certificate, copy or certified copy issued under section 31 shall be issued by the director, and no person other than a person authorized by this Act to do so shall issue any document that purports to be issued under this Act.

(2) Where the signature of the director or other official is required for the purposes of this Act, the signature may be written, engraved, lithographed or reproduced by any other mode of reproducing words in visible form.

(3) Every document issued under this Act under the signature of the director or other official is and remains valid, notwithstanding that the director or the official ceased to hold office before the issue of the certificate.


Appeals

33. (1) Where

(a) an application for the registration of a birth, stillbirth, marriage or death or recording of a change of sex is refused by the director, and

(b) within one year after the refusal, an application is made to the ..................... Court,

the court, on being satisfied

(c) as to the truth and sufficiency of the evidence adduced on the application referred to in clause (a), and

(d) that the application referred to in clause (a) is made in good faith,

and having regard to the requirements respecting delayed registration set forth in the regulations for the guidance of the director, may make an order requiring the director to accept the application and register the birth, stillbirth, marriage or death or record the change of sex.

(2) The clerk of the court shall forthwith send a copy of the order to the director, who shall comply with the order.

(3) Where

(a) an application for a certificate or a search in respect of a birth, baptism, stillbirth, marriage, death or burial is refused by the director or where an application for a search in respect of a change of name or annulment is refused by the director, and

(b) within one year after the refusal, application is made to the ...................Court,

the court, on being satisfied that the applicant has good reason for requiring the certificate or search and that the application referred to in clause (a) is made in good faith, may make an order requiring the director to issue the certificate or make the search, and the clerk of the court shall forthwith send a copy of the order to the director, who shall comply with the order.

(4) Where the director has made an order under section 28,

(a) any person interested may, within .... years afterward, appeal to the ....................Court, and

(b) the court may make an order confirming or setting aside the order of the director.


Power to take affidavits

34. The director and every official acting under this Act may take the affidavit or statutory declaration of any person for the purposes of this Act.


Publication of statistical information

35. The director may compile, publish and distribute statistical information respecting the births, stillbirths, sex changes, marriages, deaths, adoptions, changes of name and annulments of marriage registered or recorded.


Annual report

36. As soon as convenient after the first day of January in each year, the director shall make, for the use of the Legislative Assembly and for public information, a statistical report of the births, stillbirths, sex changes, marriages, deaths, adoptions, changes of name and annulments of marriage registered or recorded.

Confidentiality

37. (1) No person employed in the administration of this Act shall

(a) communicate or allow to be communicated to any person not entitled to it any information obtained under this Act, or

(b) allow any person not entitled to, to inspect or have access to any records containing information obtained under this Act.

(2) The persons, classes of persons or organizations listed in the schedule are entitled to the information, inspection or access rights shown for them in the schedule, subject to any conditions shown for them.

(3) This section does not prohibit the compilation, furnishing or publication of statistical data that does not disclose specific information with respect to any particular person.


Offences

38. (1) A person who contravenes this Act or the regulations commits an offence.

[NB: Each jurisdiction should set its own penalties if needed.]

(2) Where more than one person is required to give notice, or to register, or to furnish a statement, certificate or particulars required under or pursuant to this Act and the duty is carried out by any of those persons, the other or others are not liable.

Regulations

39. The Lieutenant Governor in Council may make regulations

(a) establishing and varying the boundaries of registration divisions in the Province,

(b) prescribing the forms to be used in carrying out the provisions of this Act,

(c) prescribing the duties of the director,

(d) prescribing the duties of and records to be kept by the division registrars,

(e) prescribing the information and returns to be furnished to the director and fixing the times when the information and returns are to be transmitted,

(f) fixing the times when division registrars shall forward registrations to the director,

(g) for the registration of births, marriages, deaths, stillbirths, annulments of marriage and adoptions, and for the recording of changes of name, in cases not otherwise provided for in this Act,

(h) prescribing the fees to be paid for searches, certificates and anything done or permitted to be done under this Act and providing for the waiver of payment of any fee in favour of any person or class of person,

(i) designating the persons who may sign registrations,

(j) prescribing the evidence on which the director may register a birth, stillbirth, marriage or death after one year has elapsed,

(k) requiring persons in charge of hospitals to make returns of the births of all children born in hospitals, and

(l) for the purpose of effectively securing observance of this Act, and generally for the better carrying out of its provisions and obtaining the information required under it.

SCHEDULE

(section 37(2))

[NOTE: Jurisdictions should determine their own list pursuant to section 37(2). Birth and death indices provided to the federal agency responsible for social insurance numbers and the local superannuation branches were given as examples.]