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Second Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

BILL 9

THE VITAL STATISTICS AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


Explanatory Note

(Assented to                                          )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. V60 amended

1         The Vital Statistics Act is amended by this Act.

2         Section 1 is amended

(a) by repealing the definitions "district registrar", "incapable", "Indian" and "registration division"; and

(b) by adding the following definition in alphabetical order:

"event registrar" means a person appointed as an event registrar under section 27; (« registraire général de l'état civil »)

3(1)      Subsection 3(2) is amended in the part after clause (d) by striking out "district registrar" and substituting "event registrar".

3(2)      Subsection 3(5) is repealed and the following is substituted:

Child of married woman

3(5)      Subject to subsections (6), (7) and (8), the birth of a child to a married woman shall be registered showing the particulars of her husband as those of the child's father.

3(3)      Subsections 3(7) to (10) are repealed and the following is substituted:

No particulars of father

3(7)      Subject to subsection (8), no particulars of the father shall be given in the statement made under subsection (2) in respect of a child's birth, and the birth shall be registered without any particulars as to the father, where

(a) the child is born to an unmarried woman; or

(b) the child is born to a married woman who files with the director a statutory declaration that at the time of conception she was living separate and apart from her husband and that her husband is not the father of her child.

Joint request to register father

3(8)      If a woman referred to in subsection (7) and the person acknowledging himself to be the father of the woman's child make a joint written request to the director for the person to be registered as the father, the child's birth may be registered showing the person as the father.  If the request is made after the registration of the child's birth, the director may, subject to subsection (9.3), amend the registration in accordance with the request on receipt of the prescribed fee.

If parents of child marry each other

3(9)      If the parents of a child marry each other after the child's birth they may make a joint written request to amend the registration of birth under subsection (8).

Name of child

3(9.1)    The following applies to the name of a child shown on the registration of the child's birth:

(a) there must be both a given name and a surname;

(b) the given name and the surname must consist only of the letters "a" to "z" and accents from the English or French languages, but may include hyphens and apostrophes;

(c) the surname may consist of up to four names, combined with or without hyphens.

Surname if parent does not complete registration

3(9.2)    If a person who is not the child's parent completes the statement under subsection (2), the surname given to the child must be

(a) if the parents have the same surname, the parents' surname;

(b) if the parents have different surnames, a surname consisting of both parents' surnames, hyphenated in alphabetical order;

(c) if only one parent is known, that parent's surname; or

(d) if neither parent is known, the surname chosen by the person standing in the place of the parents.

Limitation on change of surname of child

3(9.3)    After a child has attained the age of 12 years, the registration of a change in the child's surname may be made only under section 21 or 23.

Additional evidence required

3(10)     If the director is not satisfied as to the truth and sufficiency of the statement, the director 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.

3(4)      Subsection 3(11) of the English version is amended by adding "or she" after "he".

3(5)      Subsection 3(12) is repealed and the following is substituted:

Certification of birth by event registrar

3(12)     Upon receiving a statement in the prescribed form respecting the birth, the event registrar shall, if satisfied as to the truth and sufficiency of the statement, sign and date it and within five days deliver it to the director for registration.

3(6)      Subsection 3(13) is amended

(a) by striking out "district registrar" and substituting "event registrar"; and

(b) in the English version, by striking out ", he shall himself complete the statement with the particulars known to him" and substituting "the event registrar shall complete the statement with the particulars he or she knows".

3(7)      Subsection 3(14) is amended by striking out "and upon payment of the prescribed fee".

4         Section 4 is repealed.

5         Section 5 is amended by striking out "or the district registrar has referred the matter to the director under subsection 3(10),".

6         Section 6 is repealed.

7(1)      Subsection 7(1) is amended by striking out "district registrar" and substituting "event registrar".

7(2)      Subsection 7(2) is amended in the section heading and in the part of the subsection before clause (a) by striking out "district registrar" and substituting "event registrar".

7(3)      Subsection 7(3) is repealed.

8         Clauses 8(1)(c) and (d) are repealed and the following is substituted:

such other documentary evidence as is satisfactory to the director,

9(1)      Subsection 9(2) is amended by striking out "district registrar" and substituting "event registrar".

9(2)      Subsection 9(4) is amended

(a) in the section heading, by striking out "district registrar" and substituting "event registrar"; and

(b) in the section,

(i) by striking out "a district registrar" and substituting "an event registrar", and

(ii) by striking out "the district registrar" and substituting "the event registrar".

9(3)      Subsection 9(5) is repealed and the following is substituted:

Certification of stillbirth by event registrar

9(5)      Upon receiving a statement in the prescribed form respecting the stillbirth, the event registrar shall complete the statement setting out the proposed date and place of burial, cremation or other disposition of the body and, if satisfied as to the truth and sufficiency of the statement, sign and date it and within five days of receiving it deliver it to the director for registration.

9(4)      Subsection 9(6) is amended by striking out "district registrar" and substituting "event registrar".

9(5)      Subsection 9(7) is amended in the section heading and in the subsection by striking out "sections 3 to 5" and substituting "sections 3, 5".

10(1)     Subsection 10(2) is repealed and the following is substituted:

Adopted Children's Register

10(2)     The director shall maintain a register to be called the "Adopted Children's Register" which sets out

(a) the particulars of each order of adoption of a child and each order correcting an order of adoption; and

(b) the name and date of birth of each child in respect of whom an order of adoption is made.

10(2)     Subsection 10(3) is repealed.

10(3)     Subsection 10(5) is amended

(a) in clause (b) of the English version, by adding "or her" after "him"; and

(b) in the part after clause (b), by striking out "in his office".

10(4)     Subsection 10(6) is amended in the part after clause (c) by striking out "the director shall endorse his signature thereupon and the entries in the adoption register constitute" and substituting "the entry in the adoption register constitutes".

10(5)     Subsection 10(7) is amended

(a) by adding "and payment of the prescribed fee" before ", shall cause a notation"; and

(b) by striking out "subsection (3) and".

10(6)     Clause 10(9)(a) is amended by striking out "if the adoption has been entered as provided in subsection (3)".

10(7)     Subsection 10(10) of the English version is amended

(a) by striking out the section heading and substituting "Files re adoptions before September, 1924"; and

(b) by adding "or her" after "him".

11        Subsection 12(2) is repealed and the following is substituted:

Certification of marriage by event registrar

12(2)     The person who solemnizes a marriage shall complete the statement in the prescribed form and, if satisfied as to the truth and sufficiency of it, sign and date the statement and within five days after the day of the marriage deliver it to the director for registration.

12(1)     Subsections 14(3) and (4) are amended by striking out "district registrar" and substituting "event registrar".

12(2)     Subsection 14(6) is amended in the part after clause (d) by striking out "district registrar" and substituting "event registrar".

13        Subsection 15(1) is amended

(a) by repealing the section heading and substituting "Certification of death by event registrar";

(b) by striking out "the district registrar" and substituting "the event registrar";

(c) by striking out "as district registrar"; and

(d) by adding ", within five days of receiving it," before "deliver".

14(1)     Subsection 17(1) is amended by striking out "registrar" and substituting "event registrar".

14(2)     Subsection 17(2) is amended by striking out "district registrar" and substituting "event registrar".

14(3)     Clause 17(3)(b) is repealed and the following is substituted:

(b) remove the body from the province; or

14(4)     Clause 17(3)(f) is amended by striking out "district registrar" and substituting "event registrar".

14(5)     Subsection 17(4) is amended by striking out "district registrar" wherever it occurs and substituting "event registrar".

14(6)     Subsection 17(7) is amended by striking out "district registrar" and substituting "event registrar".

15        Subsection 18(1) of the English version is amended by striking out "him" and substituting "the cemetery owner".

16        Section 20 of the English version is amended by striking out "the records of his office" and substituting "the director's records".

17(1)     Subsections 22(1) and (3) of the English version are amended by adding "or her" after "him".

17(2)     Subsection 22(4) is amended by striking out "has in his possession or under his control" and substituting "is in possession or control of".

18(1)     Subsection 23(1) is amended

(a) in the section heading, by striking out "district registrar" and substituting "event registrar"; and

(b)  in the subsection,

(i) by striking out "a district registrar" and substituting "an event registrar", and

(ii) by striking out "the district registrar" and substituting "the event registrar".

18(2)     Subsection 23(2) is amended by striking out "district registrar" and substituting "event registrar".

19        Section 24 is renumbered as subsection 24(1) and the following is added as subsection 24(2):

Certificates after spelling change

24(2)     Every birth or marriage certificate issued after an alteration to the spelling of a name under subsection (1) shall be issued as if the original registration had been made with the name as changed.

20(1)     Subsection 25(1) is amended

(a) by adding "verified by statutory declaration" after "surgery"; and

(b) by adding "on the registration of birth of that person" after "notation".

20(2)     Subsection 25(4) is amended by striking out "or marriage".

21        Section 27 is repealed and the following is substituted:

Appointment of event registrars

27(1)     The director may appoint a person to be an event registrar with respect to one or more of the following registrations under this Act:

(a) births;

(b) marriages;

(c) deaths;

(d) stillbirths.

Former district registrars

27(2)     A person who was appointed a district registrar before this section comes into force is deemed to be an event registrar under this Act.

22        Section 28 is repealed.

23        Section 29 is amended in the section heading and in the section by striking out "district registrar" and substituting "event registrar".

24(1)     Subsection 30(1) is amended in the section heading and in the subsection by striking out "district registrar" and substituting "event registrar".

24(2)     Subsection 30(2) is amended by striking out "district registrar" and substituting "event registrar".

24(3)     Subsection 30(3) is repealed.

24(4)     Subsection 30(4) is amended by striking out "A district registrar" and substituting "An event registrar".

24(5)     Subsection 30(5) is repealed and the following is substituted:

Retention and destruction of documents

30(5)     An event registrar shall keep copies of statements and other documents with respect to births, stillbirths, marriages and death for the period of time and in the manner set out in the regulations and destroy them in accordance with the regulations.

24(6)     Subsection 30(6) is repealed and the following is substituted:

Action by event registrar when party fails to complete statement

30(6)     An event registrar who has reason to believe a birth, stillbirth, marriage, or death, has occurred but has not been registered,

(a) shall immediately request that the responsible person complete the relevant statement for registration; and

(b) if the person fails to comply with the request, shall send all information in his or her possession with respect to the matter to the director.

25        Subsection 31(1) is repealed and the following is substituted:

Searches of registrations and church records

31(1)     The director may, on application and payment of the prescribed fee, make a search for a person for

(a) the registration of any birth, stillbirth, marriage or death; or

(b) the record of any baptism, marriage or burial, placed on file in the office of the director under section 20.

The limitations that apply to the issuance of a certificate, certified copy or photographic print under section 32 also apply to a search under this section.

26        Section 32 is repealed and the following is substituted:

ISSUANCE OF CERTIFICATES AND COPIES

Issuing certificates and copies

31.1      If the director is satisfied that the information will not be used for an unlawful or improper purpose, the director may issue a certificate or a certified copy or photographic print of a registration in accordance with section 32.

Births

Birth — 100 years ago or more

32(1)     With respect to a birth that occurred 100 years ago or more, the director may issue the following documents on application and payment of the prescribed fee:

(a) a certificate of birth, only to a person referred to in clauses (2)(a) to (h);

(b) a certified copy or photographic print of the registration of the birth, to any person.

Birth — less than 100 years ago

32(2)     With respect to a birth that occurred less than 100 years ago, the director may issue a certificate of the birth or a certified copy or photographic print of the registration of the birth only to the following persons, on application and payment of the prescribed fee:

(a) the person whose birth is registered;

(b) a person whose name appears as a parent on the registration of the birth;

(c) a guardian of the person whose birth is registered;

(d) a person authorized in writing by a person referred to clause (a), (b) or (c);

(e) a person or agency that requires it to comply with The Adoption Act or The Child and Family Services Act;

(f) a public officer or police officer who requires it for use in the discharge of his or her duties;

(g) a person on the order of a court;

(h) a person authorized in writing by the director or minister.

Form of birth certificate

32(3)     A certificate of birth shall be in the prescribed form and contain at least the following particulars:

(a) the name of the person whose birth is registered;

(b) the date of birth;

(c) the place of birth;

(d) the sex of the person whose birth is registered;

(e) the date the birth was registered;

(f) the registration number.

Certificate of birth registration search

32(4)     Where a person applies to court for a declaration that he or she is or is not in law the parent of a child, the director may, if satisfied that the information will not be used for an unlawful or improper purpose, issue a certificate of birth registration search to the person, or to another person authorized in writing by that person, on application and payment of the prescribed fee.

Form of certificate of birth registration search

32(5)     A certificate of birth registration search shall be in the prescribed form and contain the following particulars, if stated on the birth registration:

(a) the full name of the child;

(b) the date and place of the child's birth;

(c) the sex of the child;

(d) the kind of birth;

(e) the maiden name of the mother and her age at the time of the birth;

(f) the name of the father and his age at the time of the birth;

(g) the birth registration number;

(h) the birth registration date.

Marriages

Marriage — 80 years ago or more

32(6)     With respect to the registration of a marriage that occurred 80 years ago or more, the director may issue the following documents on application and payment of the prescribed fee:

(a) a certificate of marriage, only to a person referred to in clauses (7)(a) to (f);

(b) a certified copy or photographic print of the registration of the marriage, to any person.

Marriage — less than 80 years ago

32(7)     With respect to a marriage that occurred less than 80 years ago, the director may issue a certificate of the marriage, or a certified copy or photographic print of the registration of the marriage, only to the following persons on application and payment of the prescribed fee:

(a) a party to the marriage;

(b) if both parties to the marriage are dead, a child or parent of either party;

(c) a person authorized in writing by a person referred to in clause (a) or (b);

(d) a public officer or police officer who requires it for use in the discharge of his or her duties;

(e)  a person on the order of a court;

(f)  a person authorized in writing by the director or minister.

Form of marriage certificate

32(8)     A certificate of marriage shall be in the prescribed form and contain at least the following particulars:

(a) the names of the parties to the marriage;

(b) the date of the marriage;

(c) the place where the marriage was solemnized;

(d) the date the marriage was registered;

(e) the registration number.

Deaths

Death — 70 years ago or more

32(9)     With respect to the registration of a death that occurred 70 years ago or more, the director may issue a certificate of death, or a certified copy or photographic print of the registration of the death, to any person on application and payment of the prescribed fee.

Death certificate — death less than 70 years ago

32(10)    With respect to a death that occurred less than 70 years ago, the director may issue a certificate of death to any person, on application and payment of the prescribed fee.

Form of death certificate

32(11)    A certificate of death shall be in the prescribed form and contain at least the following particulars:

(a) the name of the deceased;

(b) the age of the deceased at the time of death;

(c) the sex of the deceased;

(d) the date of death;

(e) the place of death;

(f) the date the death was registered;

(g) the registration number.

Cause of death not disclosed

32(12)    No certificate of death or certified copy or photographic print of the registration of death shall disclose a cause of death, unless

(a) the document is issued under subsection (9); or

(b) the cause of death is disclosed on the written authorization of the minister or on the order of a court.

Certified copy — death less than 70 years ago

32(13)    With respect to a death that occurred less than 70 years ago, the director may, subject to subsection (12), issue a certified copy or photographic print of the registration of death only to the following persons on application and payment of the prescribed fee:

(a) a spouse, child, parent or sibling of the deceased;

(b) the executor or administrator of the estate of the deceased;

(c) a person authorized in writing by a person referred to in clause (a) or (b);

(d) a person who satisfies the director that it is required for an application to disinter a body under The Public Health Act;

(e) a public officer or police officer who requires it for use in the discharge of his or her duties;

(f) a person on the order of a court;

(g) a person authorized in writing by the director or minister.

Stillbirths

No certificate issued

32(14)    No certificate of birth or death shall be issued with respect to a stillbirth.

Certified copy of registration or search record

32(15)    The director may issue a certified copy or photographic print of the registration of a stillbirth or a record of search only to the following persons on application and payment of the prescribed fee:

(a) a person whose name appears as a parent on the registration of the stillbirth, or a person authorized in writing by such a person;

(b) a sibling of the stillborn child;

(c) a person authorized in writing by the director or minister;

(d) a person on the order of a court;

(e) a person who satisfies the director that it is required for an application to disinter a body under The Public Health Act.

Other Matters

Certified copy from church records

32(16)    On application and payment of the prescribed fee, but subject to the limitations that apply to the issuance of certificates, certified copies and photographic prints under this section, a person may obtain a certified copy of a record on file under section 20 in respect of a baptism, marriage or burial.

27        Section 37 is amended by striking out "district registrar and deputy district registrar" and substituting "event registrar".

28        Subsection 39(2) is repealed and the following is substituted:

Annual report of minister

39(2)     The statistical report referred to in subsection (1) must be included in the minister's report laid before the Legislative Assembly under The Financial Administration Act.

29        Subsection 40(1) is amended in the section heading and in the subsection by striking out "Crown" and substituting "government".

30(1)     Subsection 41(1) is amended by striking out "No district registrar or deputy district registrar, and no person employed in the service of Her Majesty," and substituting "No event registrar or employee in the government".

30(2)     Subsection 41(2) of the English version is amended by striking out "or statistical" and substituting "of statistical".

31        The following is added after section 42:

Return of certificate if alteration or addition to a registration

42.1      A person who has in his or her possession a certificate or a certified copy with respect to a registration under this Act that was issued before the making of an alteration or addition in accordance with this Act shall, upon request return the certificate or the certified copy to the director for cancellation.

32(1)     Subsection 43(1) is amended

(a) in the section heading of the English version, by adding "event" before "registrars"; and

(b) in the subsection, by striking out "district registrars" and substituting "event registrars".

32(2)     Subsection 43(2) is amended by striking out "district registrar" and substituting "event registrar".

33        Subsection 45(1) is amended by striking out "and clause 17(3)(b)".

34(1)     Clause 48(c) is amended by striking out "district registrars" and substituting "event registrars".

34(2)     Clause 48(e) is repealed and the following is substituted:

(e) respecting the retention, storage and destruction of statements and other documents by event registrars;

34(3)     Clause 48(f) is amended by striking out "or of a district registrar".

34(4)     Clause 48(h) is amended by striking out "by a district registrar of a division other than the one in which the death occurred".

34(5)     Clauses 48(l) and (m) are repealed.

34(6)     Clause 48(n) is amended

(a) by striking out "district registrar" and substituting "an event registrar"; and

(b) in the English version, by adding "or her" after "his".

Consequential amendment, C.C.S.M. c. F52

35        Subsections 15(3) and (4) of The Fatality Inquiries Act are amended by striking out "a district registrar" and substituting "an event registrar".

Coming into force

36        This Act comes into force on a day fixed by proclamation.

Explanatory Note

This Bill makes a number of changes to The Vital Statistics Act, including the following:

  • amending the provisions dealing with the registration of the name of a child.
  • amending the requirements for obtaining certificates or copies of registrations pertaining to births, marriages, deaths and stillbirths.  A person's entitlement to a certificate or copy will depend on the length of time that has passed since the registered event occurred, and on his or her relationship to the person the record is about.
  • changing the name of district registrars to event registrars and clarifying their duties.