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The Vital Statistics Amendment Act

S.M. 1991-92, c. 10

Bill 8, 2nd Session, 35th Legislature

The Vital Statistics Amendment Act

(Assented to July 26, 1991)

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.

Section 1 amended

2           Section 1 is amended

(a)by striking out the definition of "prescribed"; and

(b)by adding the following definitions in alphabetical order within the section:

"chief medical examiner" means the chief medical examiner under The Fatality Inquiries Act; («médecin légiste en chef»)

"duly qualified medical practitioner" means a medical practitioner who is licensed to practice medicine in Manitoba and who is a member in good standing of the College of Physicians and Surgeons of Manitoba; («médecin »)

"medical certificate" includes, where applicable, a supplemental medical certificate completed under subsection 15(4) of The Fatality Inquiries Act; («certificat médical»)

"medical examiner" means a medical examiner under The Fatality Inquiries Act and includes the chief medical examiner; («médecin légiste»)

"prescribed" means, unless otherwise indicated, prescribed by regulation made under this Act. (English version only)

Clause 7(2)(b) amended

3(1)        Clause 7(2)(b) is amended by striking out "legally qualified medical practitioner" and substituting "duly qualified medical practitioner".

Subsection 7(3) amended

3(2)        Subsection 7(3) is amended by striking out "legally qualified medical practitioner" and substituting "duly qualified medical practitioner".

Subsection 9(3) amended

4(1)        Subsection 9(3) is amended by striking out "legally qualified medical practitioner" wherever it occurs and substituting "duly qualified medical practitioner" in each case.

Subsection 9(4) amended

4(2)        Subsection 9(4) is amended by striking out "legally qualified medical practitioner" and substituting "duly qualified medical practitioner".

Subsections 14(3) - (6) repealed and replaced

5           Subsections 14(3) to (6) are repealed and the following is substituted:

Medical certificate by last attending physician

14(3)       The duly qualified medical practitioner last in attendance during the last illness of a deceased shall, within 48 hours of the death, complete and sign a medical certificate in the prescribed form stating the cause of death according to the International List of Causes of Death as last revised by the International Commission assembled for the purpose and shall immediately deliver the certificate to the district registrar.

Medical certificate by medical examiner

14(4)       Where, under The Fatality Inquiries Act, a medical examiner is required to complete a medical certificate in respect of a death, the medical examiner shall immediately complete and sign a medical certificate in the prescribed form stating the cause of death according to the International List of Causes of Death as last revised by the International Commission assembled for the purpose and shall immediately deliver the certificate to the district registrar.

Death without medical attendance

14(5)       Where a deceased person, at the time of death, was not under the care of a duly qualified medical practitioner for the condition that brought on the death or where the duly qualified medical practitioner under subsection (3) is not available to complete and sign a medical certificate and there is no reason to believe that the death is the result of any of the circumstances set forth in subsection (6), the funeral director or lay funeral director shall immediately notify a medical examiner or a duly qualified medical practitioner designated by the medical examiner who shall inquire into the facts and complete and sign the medical certificate in accordance with subsection (4).

Death by violence, negligence, etc.

14(6)       Subject to subsection 17(2), where it appears that

(a)the deceased person died

(i)as a result of an accident,

(ii)by an act of suicide, negligence or homicide,

(iii)in an unexpected or unexplained manner,

(iv)as a result of poisoning,

(v)as a result of contracting a contagious disease that is a threat to public health,

(vi)suddenly of unknown cause,

(vii)during a pregnancy or during recovery from a pregnancy,

(viii)while under anesthesia or while recovering from an anesthesia or within 10 days of a surgical operation performed upon the person,

(ix)while in the custody of a peace officer,

(x)as a result of

(A)contracting a disease or condition,

(B)sustaining an injury, or

(C)ingesting a toxic substance,

at the place of employment or former employment of the person,

(xi)within 24 hours of admission of the person to a hospital,

(xii)in a place, institution or facility, or a class of place, institution or facility, that is prescribed under The Fatality Inquiries Act for purposes of subsection 7(9) of The Fatality Inquiries Act, or

(xiii)in circumstances that are prescribed under The Fatality Inquiries Act for purposes of subsection 7(9) of The Fatality Inquiries Act;

(b)at the time of death, the deceased person

(i)was not under the care of a duly qualified medical practitioner for the condition that brought on the death, or

(ii)was a resident of an institution or care facility that is licensed, or is required by an Act of the Legislature to be licensed, to operate as a residential institution or care facility;

(c)the deceased person died while a resident in a correctional institution, jail, prison or military guardroom or in an institution to which The Mental Health Act applies; or

(d)the deceased person is a child;

no burial permit may be issued by the district registrar before

(e)the body is examined by a medical examiner and an investigation is made into the circumstances of the death as provided under The Fatality Inquiries Act;

(f)a medical examiner completes and signs the medical certificate of the cause of death in accordance with subsection (4); and

(g)registration of the death is completed in compliance with this Act.

"Not under the care"

14(7)       In subsection (5) and subclause (6)(b)(i), "not under the care of a duly qualified medical practitioner" means the deceased, in the period of 14 days preceding the death, is not seen, attended or treated by a duly qualified medical practitioner, or, where use of a delegate is approved by the chief medical examiner, by a delegate of the duly qualified medical practitioner.

Fatality Inquiries Act applies

14(8)       Subsections 16(2) and 16(3) of The Fatality Inquiries Act apply to a death to which subsection (6) applies.

Section 15 repealed and replaced

6           Section 15 is repealed and the following is substituted:

Registration of death by district registrar

15(1)       Subject to subsections 14(6) and 14(8), upon receipt of personal particulars in respect of a deceased, the district registrar shall, in a prescribed death registration form, set out the personal particulars and the proposed date and place of burial, cremation or other disposition of the body and shall, if satisfied as to the truth and sufficiency of the particulars, sign and date the form as district registrar and deliver it to the director for registration of the death.

Death registration by chief medical examiner

15(2)       Where the chief medical examiner issues a medical certificate under section 40 of The Fatality Inquiries Act in respect of a death where the body is not recovered or located, the chief medical examiner shall, to the extent possible in the circumstances, complete a prescribed death registration form in accordance with subsection (1) and deliver it to the director for registration of the death.

Subsection 17(1) amended

7(1)        Subsection 17(1) is amended by striking out "the regulations thereunder" and substituting "The Fatality Inquiries Act".

Subsection 17(3) amended

7(2)        Subsection 17(3) is amended by striking out "unless" and clauses (d), (e) and (f) and substituting the following:

before

(d)a medical certificate is issued;

(e)the death is registered under this Act;

(f)a burial permit is issued by the district registrar; and

(g)the person conducting the funeral or religious service is in possession of the burial permit.

Subsection 17(8) amended

7(3)        Subsection 17(8) is amended by striking out "the death may be registered" and substituting "the death may, with the approval of the chief medical examiner, be registered".

Subsection 17(9) repealed and replaced

7(4)        Subsection 17(9) is repealed and the following is substituted:

Registration with approval of chief medical examiner

17(9)       Where a body is found elsewhere than in premises that are usually occupied, a medical certificate must be issued in respect of the death and the death may not be registered without the approval of the chief medical examiner.

Clause 25(2)(b) amended

8           Clause 25(2)(b) is amended by striking out "legally qualified medical practitioner" and substituting "duly qualified medical practitioner".

Coming into force

9           This Act comes into force on July 1, 1991 or on royal assent, whichever is later.