Skip to main content
The Vital Statistics Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of June 1, 2017.
It has been in effect since November 10, 2016.

It does not include amendments enacted or coming into force on or after June 2, 2017.
(See SM 2017, c. 26, s. 31)

Show previous versions Hide previous versions


 

C.C.S.M. c. V60

The Vital Statistics Act

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

Definitions

1           In this Act,

"approved form" means a form that is approved by, or acceptable to, the director; (« formule approuvée »)

"birth" means the complete expulsion or extraction from its mother, irrespective of the duration of pregnancy, of a product of conception in which, after such expulsion or extraction, there is breathing, beating of the heart, pulsation of the umbilical cord, or unmistakable movement of voluntary muscle, whether or not the umbilical cord has been cut or the placenta is attached; (« naissance »)

"burial permit" means a permit to bury, cremate, remove, or otherwise dispose of a dead body; (« permis d'inhumer »)

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

"cemetery owner" includes the manager, superintendent, caretaker, or other person in charge of a cemetery; (« propriétaire de cimetière »)

"certificate" means a certified extract of the prescribed particulars of a registration filed in the office of the director; (« certificat »)

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

"common-law relationship" means the relationship between two adults who, not being married to each other, are cohabiting with each other in a conjugal relationship; (« union de fait »)

"cremation" means disposal of a dead body by incineration in a crematorium; (« crémation »)

"director" means the Director of Vital Statistics provided for under this Act; (« directeur »)

"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 »)

"error" means incorrect information, and includes omission of information; (« erreur »)

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

"funeral director" means any person who owns, controls, operates, or manages a funeral home or chapel, who takes charge of a dead body for the purpose of burial, cremation or other disposition; (« entrepreneur de pompes funèbres »)

"lay funeral director" means any person other than a funeral director who takes charge of a dead body for the purpose of burial, cremation or other disposition; (« entrepreneur de pompes funèbres profane »)

"married woman" includes a woman who, within the period of gestation prior to the birth of the child in respect of whose birth an application for registration is made under this Act, was lawfully married; (« femme mariée »)

"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 »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"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 a hotel, inn, apartment, lodging-house, or other dwelling or accommodation; (« occupant »)

"prescribed" means, unless otherwise indicated, prescribed by regulation made under this Act; (version anglaise seulement)

"state" means any state or territory of the United States and includes the District of Columbia; (« état »)

"stillbirth" means the complete expulsion or extraction from its mother 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,

(a) where the expulsion or extraction occurs after a pregnancy of at least 20 weeks, or

(b) where the product weighs 500 grams or more. (« mortinaissance »)

S.M. 1991-92, c. 10, s. 2; S.M. 2001, c. 5, s. 2; S.M. 2002, c. 48, s. 23; S.M. 2011, c. 35, s. 52.

When death occurs

2           For all purposes within the legislative competence of the Legislature of Manitoba the death of a person takes place at the time at which irreversible cessation of all that person's brain function occurs.

REGISTRATION OF BIRTHS

Registration of births

3(1)        The birth of every child born in the province shall be registered as provided herein.

Statement respecting birth

3(2)        After the birth of a child in the province, and prior to the release from the health facility, or in the case of a home birth, within five days after the birth,

(a) the mother of the child or the father of the child; or

(b) any employee in the health facility in which the child is born; or

(c) if there is no person to whom clause (a) or (b) applies, the person standing in the place of the parents of the child; or

(d) if there is no person to whom clause (a), (b) or (c) applies, the occupier of the premises in which the child is born, if the occupier has knowledge of the birth;

shall complete and deliver or mail a statement in an approved form respecting the birth to the event registrar or to the director.

Exception

3(3)        The father of a child born to a woman who is not his wife is not required to comply with subsection (2), unless the father and the woman make a joint request in writing under subsection (9) respecting the particulars of registration.

Plural births

3(4)        If more than one child is delivered during a single confinement, a separate statement for each child shall be completed and delivered or mailed as provided in subsection (2); and in each statement the number of children born during the confinement and the number of the child in the order of birth shall be given.

Child of married woman

3(5)        Subject to subsections (6), (6.1), (6.2), (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.

Artificial insemination

3(6)        The birth registration of a child born to a woman as a result of artificial insemination, whether born before or after the coming into force of this subsection, shall be completed

(a) showing, with the written consent of the woman and her spouse or common-law partner in an approved form, the particulars of the spouse or common-law partner as those of the father or other parent of the child; and

(b) in accordance with the regulations.

Common-law partner

3(6.1)      For the purpose of subsection (6), a woman's common-law partner is the person who, not being married to the woman, is cohabiting with her in a conjugal relationship of some permanence and, where the woman and her common-law partner register their common-law relationship under section 13.1, they are deemed to be cohabiting in a conjugal relationship of some permanence.

Consent submitted after child's birth registered

3(6.2)      If the consent referred to in clause (6)(a) is submitted to the director after the registration of the child's birth, the director may amend the registration, on receipt of the prescribed fee, to add the particulars of the father or other parent where the birth was registered without those particulars.

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, before the statement is registered or at any time after it has been registered,

(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.

Continuing liability to complete statement

3(11)       If the statement is not completed and delivered or mailed in the manner, and within the time, herein provided, every person upon whom the duty of completing and delivering or mailing the statement is imposed remains liable to perform that duty notwithstanding the expiration of the time provided and is, in respect of each successive period of five days thereafter during which he or she neglects or fails to complete and deliver or mail the statement, guilty of a violation of this Act.

Certification of birth by event registrar

3(12)       Upon receiving a statement in an approved 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.

Procedure where responsible persons not found

3(13)       If the event registrar is unable to find any of the persons required under subsection (2) to complete and deliver a statement respecting the birth of a child the event registrar shall complete the statement with the particulars he or she knows, and the statement constitutes the registration of the birth.

Amending record

3(14)       On receipt of a statement made under section 24 or 29 of The Family Maintenance Act, the director shall amend the registration of birth accordingly and every birth certificate issued after the making of an amendment under this subsection shall be issued as if the original registration had been made as amended.

S.M. 2001, c. 5, s. 3; S.M. 2002, c. 24, s. 54; S.M. 2002, c. 48, s. 23; S.M. 2008, c. 42, s. 92; S.M. 2011, c. 35, s. 52; S.M. 2014, c. 25, s. 21.

4           [Repealed]

S.M. 2001, c. 5, s. 4.

Registration of birth by director

5           When a birth is not registered in accordance with subsection 3(2) if application for the registration thereof is made by any person to the director in an approved form, verified by statutory declaration and accompanied by the prescribed fee and by a statement in an approved form respecting the birth and such 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 birth by signing the statement, and thereupon the statement constitutes the registration of the birth.

S.M. 2001, c. 5, s. 5; S.M. 2011, c. 35, s. 52.

6           [Repealed]

S.M. 2001, c. 5, s. 6.

Statement respecting birth of foundling

7(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 event registrar in the health facility in which the child is placed or the director as the case may be, within seven days after the finding or taking charge of the child, such information as they may possess as to the particulars required to register the birth of the child and shall include information relating to the exact location the child was found.

Duties of event registrar

7(2)        The event registrar, upon receipt of such information regarding the birth of the child, and upon being satisfied that every reasonable effort has been made to identify the child without success shall

(a) require the person who found or has charge of the child to complete a statutory declaration concerning the facts of the finding of the child and to complete, so far as the person is able, a statement required under subsection 3(2);

(b) cause the child to be examined by the local medical officer of health or a duly qualified medical practitioner with a view to determining as nearly as possible the date of the birth of the child, and require the examiner to make a statutory declaration setting forth the facts as determined by the examination; and

(c) make a detailed report of the case and transmit to the director the evidence regarding the birth of the child.

7(3)         [Repealed] S.M. 2001, c. 5, s. 7.

Registration of birth of foundling

7(4)        The director, upon receipt of the report and the evidence mentioned in subsection (2), shall review the case and, if satisfied as to the correctness and sufficiency of the matters stated, shall register the birth; and the registration shall, subject as herein provided, establish for the child a date of birth, a place of birth, and a surname and given name.

Copies to Director of Child and Family Services

7(5)        The director, upon registering a birth under this section, shall transmit forthwith to the Director of Child and Family Services appointed under The Child and Family Services Act a copy of all documents respecting the child filed pursuant to this section.

Subsequent establishment of identity

7(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 information with respect thereto is received, the director shall

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

(b) where necessary, 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;

and the director shall thereupon make a notation of any cancellation on the registration first made, and no certificate shall thereafter be issued in respect thereof.

Date of new registration

7(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.

Notification to Director of Child and Family Services

7(8)        The director shall notify the Director of Child and Family Services forthwith of any action taken under subsection (6).

Certificate to be cancelled

7(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 the certificate to the director for cancellation if the director so requires.

S.M. 1991-92, c. 10, s. 3; S.M. 2001, c. 5, s. 7; S.M. 2012, c. 40, s. 46.

Addition of given name by director

8(1)        Except in a case to which section 21 applies, where the birth of a child has been registered, and

(a) [repealed] S.M. 2013, c. 54, s. 76;

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

both parents, the surviving parent, the guardian of the child, the person proposing the given name, or the child after attaining the age of 18 years, may deliver to the director an application setting forth the particulars of the given name, accompanied by a statutory declaration completed by the applicant, and such other documentary evidence as is satisfactory to the director, and the director, upon being satisfied that the application is made in good faith and upon payment of the prescribed fee, shall make a notation of the change in the registration of the birth.

Statutory limitation of alteration or addition

8(2)        No alteration of, or addition to, a given name shall be made in a registration of a birth, except as provided in this Act.

Changes to be shown on certificate

8(3)        Any birth certificate issued after the making of a notation pursuant to this section shall be prepared as if the registration had been made containing the new given name at the time of registration.

S.M. 2001, c. 5, s. 8; S.M. 2013, c. 54, s. 76.

REGISTRATION OF STILLBIRTHS

Registration of stillbirths

9(1)        Every stillbirth in the province shall be registered as provided herein.

Statement respecting stillbirth

9(2)        Where a stillbirth occurs, the person who would have been responsible for the registration thereof as provided in section 3, if it had been a birth, shall complete and deliver to the event registrar or director a statement in an approved form respecting the stillbirth.

Medical certificate

9(3)        The duly qualified medical practitioner in attendance at a stillbirth or, where there is no duly qualified medical practitioner in attendance, a duly qualified medical practitioner or a medical examiner shall cause a medical certificate to be completed in an approved form showing the cause of the stillbirth and shall deliver it to the director.

Certificate by event registrar

9(4)        Where an event registrar is satisfied that there was no duly qualified medical practitioner and no medical examiner within a reasonable distance from the place where a stillbirth has occurred, and that it is not reasonably practicable to have the medical certificate completed as provided in subsection (3), the event registrar may, in lieu of the medical certificate, prepare and sign a certificate prepared from the statements of relatives of the parents of the stillborn child or of other persons having adequate knowledge of the facts.

Certification of stillbirth by event registrar

9(5)        Upon receiving a statement in an approved 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.

Burial permit

9(6)        Upon the registration of a stillbirth, the event registrar shall forthwith prepare and deliver to the person requiring it for the purpose of the burial, cremation, or other disposition of the body of the stillborn child, a burial permit.

Application of sections 3, 5 and 14 to 19

9(7)        Subject to this section, sections 3, 5 and 14 to 19 apply, with such modifications as the circumstances require to stillbirths.

S.M. 1991-92, c. 10, s. 4; S.M. 2001, c. 5, s. 9; S.M. 2011, c. 35, s. 52.

REGISTRATION OF ADOPTION

Order of adoption to be sent to director

10(1)       Within 10 days after a judge of the Court of Queen's Bench makes an order of adoption under The Adoption Act, the registrar of the court must send one or more certified copies of the order to the director.

Registration of adoption orders

10(2)       The director must register the following upon receipt:

(a) a certified copy of an order of adoption made under The Adoption Act or any former Act relating to adoptions;

(b) a certified copy of an order, judgment or decree of adoption made by a court of competent jurisdiction outside Manitoba respecting a person born in Manitoba.

Confidentiality of pre-adoption and adoption documents

10(3)       The following documents received by the director must be maintained in a confidential manner:

(a) all pre-adoption birth registrations, including any documents relating to these registrations;

(b) all associated court orders, judgments, decrees and other documents relating to adoptions.

Limited disclosure of pre-adoption and adoption documents

10(4)       The director may give a copy of a document maintained under subsection (3) only

(a) upon request, to the director under The Adoption Act for the purpose of carrying out responsibilities under that Act; or

(b) in accordance with an order of a court in Manitoba, to the person named in the order.

Substituted registration of birth for adoptee born in Manitoba

10(5)       If a person's birth and adoption are registered under this Act, the director may, upon production of satisfactory evidence of the identity of the person, together with an application for the reregistration of the birth in the approved form and payment of the prescribed fee,

(a) set aside the person's pre-adoption birth registration made under this Act; and

(b) replace the pre-adoption birth registration with a substituted registration of birth, in accordance with the facts contained in the adoption order, judgment or decree and the application for reregistration.

Cross-referencing birth registrations and adoption orders

10(6)       Whether or not an application is made for the substitution of a registration of birth under subsection (5), the director must

(a) annotate the adopted person's pre-adoption birth registration and any substituted registration of birth with a reference to the registration of the adoption;

(b) annotate the adoption order, judgement or decree registered under subsection (2) with reference to the pre-adoption birth registration of the adopted person; and

(c) in accordance with the adoption order, judgment or decree,

(i) replace the adopted person's name, if ordered, and

(ii) replace the birth parent's name and particulars with the adoptive parent's name and any particulars given in the adoption order, judgment or decree.

Adoptee born in another Canadian jurisdiction

10(7)       If the director receives an adoption order under subsection (1) respecting a person born in another province or territory of Canada, the director must give a certified copy of the order to the person responsible for the registration of births in that province or territory.

Adoptee born outside Canada

10(8)       If the director receives an adoption order under subsection (1) respecting a person born in a jurisdiction outside Canada, upon a request accompanied by the relevant particulars, the director may give a certified copy of the order to a person responsible for the registration of births in that jurisdiction.

Additional documents or information

10(9)       At the director's request, a person requesting registration of a document under this section must give any additional documentation or information in respect of the adoption, including evidence of the identity of any parties to the adoption.

Additional requirements

10(10)      The documentation or information given by a person requesting registration of a document under this section must

(a) be satisfactory to the director; and

(b) meet any prescribed requirements.

Birth certificate issued after adoption registered

10(11)      After a pre-adoption birth registration is replaced with a substituted registration of birth under subsection (5), every certificate of birth subsequently issued for the adopted person

(a) must be in accordance with the substituted registration of birth; and

(b) must not indicate anything that would disclose the adoption.

Restriction on changes to pre-adoption birth registration

10(12)      After an adoption is registered under subsection (2), the director must not at any time amend the pre-adoption birth registration, add information or particulars to it, correct errors on it, substitute a subsequent registration for it or cancel it, unless permitted to do so under subsection (6) or section 41.1.

S.M. 1997, c. 47, s. 134; S.M. 2001, c. 5, s. 10; S.M. 2014, c. 25, s. 22.

REGISTRATION OF MARRIAGES

Registration of marriages

11          Every marriage solemnized in the province shall be registered as provided herein.

Statement respecting marriage

12(1)       Every person authorized by law to solemnize marriage in the province shall, immediately after solemnizing a marriage, prepare a statement in an approved form respecting the marriage, which statement shall be signed by

(a) each of the parties to the marriage;

(b) at least two credible witnesses to the marriage; and

(c) the person by whom the marriage was solemnized.

Certification of marriage by event registrar

12(2)       The person who solemnizes a marriage shall complete the statement in an approved 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.

S.M. 2001, c. 5, s. 11; S.M. 2011, c. 35, s. 52.

Registration of marriage by director

13          When a marriage is not registered within one year from the day of the marriage, if application for registration thereof is made by any person to the director in an approved form, verified by statutory declaration and accompanied by the prescribed fee and by a statement in an approved form respecting the marriage and such 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 marriage by signing the statement, and thereupon the statement constitutes the registration of the marriage.

S.M. 2011, c. 35, s. 52; S.M. 2012, c. 40, s. 46.

REGISTRATION OF COMMON-LAW RELATIONSHIPS

Registration of common-law relationships

13.1(1)     If both parties to a common-law relationship

(a) are living in the province;

(b) are adults; and

(c) wish to register their common-law relationship;

they shall do so in accordance with this section.

Statement regarding common-law relationship

13.1(2)     Each party to the common-law relationship shall complete a statement in an approved form respecting the existence of the common-law relationship, which includes

(a) the date on which the common-law relationship commenced;

(b) the residence of the common-law partners; and

(c) a statement that neither party to the common-law relationship is married to another person or is a party to another common-law relationship registered under this Act.

Execution of statement

13.1(3)     The statement shall be signed by both parties and witnessed in accordance with the regulations.

Registration by director

13.1(4)     On the receipt of

(a) the statement in an approved form respecting the common-law relationship; and

(b) the prescribed fee;

the director, if satisfied as to the truth and sufficiency of the statement, shall register the common-law relationship.

S.M. 2002, c. 48, s. 23; S.M. 2011, c. 35, s. 52.

REGISTRATION OF DISSOLUTION OF COMMON-LAW RELATIONSHIPS

Registration of dissolution of common-law relationships

13.2(1)     If one or both parties to a common-law relationship wish to register the dissolution of their common-law relationship, they shall do so in accordance with this section.

Statement regarding dissolution of common-law relationship

13.2(2)     If the parties to the common-law relationship have lived separate and apart for a period of at least one year, either party to the common-law relationship, or both parties jointly, may complete a statement in an approved form, respecting the dissolution of the common-law relationship.

Execution of statement

13.2(3)     The statement shall be signed and witnessed in accordance with the regulations.

Service if statement signed by one party

13.2(4)     If the statement is signed by only one of the parties to the common-law relationship, it must be served on the other party in the manner set out in the regulations.

Registration of dissolution by director

13.2(5)     On the receipt of

(a) the statement respecting the dissolution of the common-law relationship;

(b) if the statement is signed by only one of the parties, proof that the statement was served on the non-signing party within 30 days before the date on which the statement is presented for registration; and

(c) the prescribed fee;

the director, if satisfied as to the truth and sufficiency of the statement and, where required, the proof of service, shall register the dissolution of the common-law relationship.

One dissolution registered

13.2(6)     The director shall not register more than one dissolution in respect of a registration of a common-law relationship.

S.M. 2002, c. 48, s. 23; S.M. 2011, c. 35, s. 52.

REGISTRATION OF DEATHS

Registration of deaths

14(1)       The death of every person who dies in the province shall be registered as provided herein.

Personal particulars of the deceased

14(2)       The personal particulars of the deceased person shall, upon the request of the funeral director, be completed in an approved form,

(a) by the nearest relative of the deceased present;

(b) if no relative is available, by any person present at the death;

(c) by any other person having knowledge of the facts;

(d) by the occupier of the house in which the death occurred; or

(e) by the medical examiner who has been notified of the death and has made an inquiry or held an investigation regarding the death.

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 an approved 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 event 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 an approved 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 event 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 a psychiatric facility as defined in The Mental Health Act or a developmental centre as defined in The Vulnerable Persons Living with a Mental Disability Act; or

(d) the deceased person is a child;

no burial permit may be issued by the event 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.

Interpretation of suicide and homicide

14(7.1)     For the purpose of subclause (6)(a)(ii), the terms "suicide" and "homicide" do not include a death that is a result of the provision of medical assistance in dying as defined in section 241.1 of the Criminal Code (Canada).

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.

R.S.M. 1987 Supp., c. 4, s. 23; S.M. 1991-92, c. 10, s. 5; S.M. 1993, c. 29, s. 207; S.M. 2001, c. 5, s. 12; S.M. 2011, c. 35, s. 52; S.M. 2016, c. 21, s. 2.

Certification of death by event registrar

15(1)       Subject to subsections 14(6) and 14(8), upon receipt of personal particulars in respect of a deceased, the event registrar shall, in a death registration form approved by the director, 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 and, within five days of receiving it, 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 death registration form approved by the director in accordance with subsection (1) and deliver it to the director for registration of the death.

S.M. 1991-92, c. 10, s. 6; S.M. 2001, c. 5, s. 13; S.M. 2011, c. 35, s. 52.

Registration of death by director

16          When a death is not registered within one year from the day of the death, if application for registration thereof is made by any person to the director in an approved form verified by statutory declaration, and accompanied by the prescribed fee and by a statement in an approved form respecting the death and such 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 by signing the statement, and thereupon the statement constitutes the registration of the death.

S.M. 2011, c. 35, s. 52.

Notice of registration of death

17(1)       Upon the registration of a death under section 15, the event registrar shall prepare and issue a burial permit; but the burial permit shall have no force or effect unless compliance has been made with The Public Health Act and The Fatality Inquiries Act.

Duty of medical examiner

17(2)       When a person dies under any of the circumstances referred to in subsection 14(6), if it is impossible for the medical examiner to complete a medical certificate, the event registrar, upon the medical examiner releasing the body for burial, shall issue a burial permit and the medical examiner shall cause a medical certificate in an approved form to be completed and sent to the director and, upon request by the director, shall after the completion of the investigation, send a supplemental certificate giving the facts as found.

Registration before burial or other disposition

17(3)       Subject to subsection (4), no person shall

(a) bury or otherwise dispose of the body of any person who dies in the province;

(b) remove the body from the province; or

(c) conduct or take part in a funeral or religious service in connection with the burial or other disposition of the body;

before

(d) a medical certificate is issued;

(e) the death is registered under this Act;

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

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

Burial etc. before registration of death

17(4)       Where, by reason of the distance of the place where a burial or a funeral or religious service takes place from the address of the nearest event registrar, or for any other reason, it is impracticable to obtain a burial permit from the event registrar or director before the burial takes place, any person, who is called upon to conduct a funeral or religious service before the burial, or removal for burial, of a dead body, may conduct the service without being in possession of a burial permit; but, in that event, that person shall

(a) obtain the personal particulars respecting the deceased;

(b) obtain the required medical certificate;

(c) complete the statement in an approved form, which under section 15, is required to be completed by the event registrar;

(d) before, or as soon as possible after, the funeral or religious service, obtain a burial permit in an approved form; and

(e) forthwith send the statement, medical certificate, and burial permit to the director after endorsing on the burial permit and signing a certificate such as is required from a cemetery owner under subsection 18(2).

Removal of body

17(5)       Where the body of any person is to be removed by a common carrier to the place of burial or other disposition, the removal shall not take place unless the copies of the burial permit have been affixed to the outside of the casket.

Duties of funeral director

17(6)       The funeral director or lay funeral director at the place of burial or other disposition shall

(a) remove any copies of the burial permit affixed to the outside of the casket;

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

(c) deliver the copy of the burial permit to the cemetery owner.

Death outside the province

17(7)       Where a death occurs outside the province and the burial or other disposition of the body is to take place in the province, a burial permit or such other document as is prescribed under the law of the province or country in which the death occurs, signed by the proper officer, is sufficient authority for the burial or other disposition of the body and the event registrar shall forthwith deliver a copy of the medical certificate stating the cause of death to a medical examiner.

Registration after burial

17(8)       Where burial has taken place without registration, the death may, with the approval of the chief medical examiner, be registered, but registration shall not take place after three months from the death without the consent of the director.

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.

S.M. 1991-92, c. 10, s. 7; S.M. 2001, c. 5, s. 14; S.M. 2011, c. 35, s. 52; S.M. 2012, c. 40, s. 46.

Registration of death before burial

18(1)       Subject to subsection 17(4), no cemetery owner shall permit the burial or cremation of a dead body in the cemetery, unless the funeral director, lay funeral director or the person officiating at the burial has delivered to the cemetery owner the copy of the burial permit.

Returns of burials and cremations

18(2)       Every cemetery owner shall, at the end of each calendar month, transmit to the director a return in an approved form of the burials and cremations that took place during that month in the cemetery; and shall transmit therewith the burial permits relative thereto after endorsing on each permit a certificate stating the date on which the burial or cremation took place and signing the certificate.

S.M. 2001, c. 5, s. 15; S.M. 2011, c. 35, s. 52.

REGISTRATION OF BIRTHS AND DEATHS OCCURRING ON THE HIGH SEAS

Births and deaths on high seas

19          Upon receipt from the Minister of Transport of information transmitted under the Canada Shipping Act, 2001 respecting the birth of a child or the death of a person on board a ship whose port of registry is within the province, the director, if satisfied as to the truth and sufficiency of the particulars received, shall register the birth or death.

S.M. 2015, c. 43, s. 47.

CHURCH RECORDS

Filing of church records of baptisms, etc.

20          Where registers or records of baptisms, marriages, or burials kept by any church or religious body in the province are now on file or are hereafter with the approval of the director placed on file in the office of the director the registers or records shall be preserved as part of the director's records.

S.M. 2001, c. 5, s. 16.

CHANGE OF NAME

Notation of change of name

21(1)       Where the name of a person has been changed in Manitoba by deed poll before July 1, 1938, or is changed under The Change of Name Act, or is changed in another province or territory of Canada or in a foreign state by or under a statute of that province or territory or that foreign state, the director, on production of proof of the change and satisfactory evidence as to the identity of the person,

(a) if the birth, marriage or common-law relationship of the person is registered in the province, shall cause a notation of the change to be made on the registration thereof; and

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

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

Meaning of "foreign state"

21(2)       In subsection (1) the expression "foreign state" includes any country in the Commonwealth other than Canada and, in the case of the United States, means a state of that country.

Certificate after change of name

21(3)       Every birth, marriage or common-law relationship certificate issued after the making of a notation under this section except for a change of surname made by election as a result of marriage or common-law relationship shall be issued as if the registration had been made in the name as changed.

S.M. 2002, c. 24, s. 54; S.M. 2002, c. 48, s. 23.

FRAUDULENT REGISTRATIONS AND CERTIFICATES

Cancellation of registration and birth certificates

22(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 such other evidence satisfactory to the director as may be adduced by any person interested, the director, if satisfied that a registration was fraudulently or improperly made, may order that a notation be made on the registration to that effect and order that every certificate issued in respect of that registration be delivered to him or her for cancellation.

Certificate

22(2)       Where a notation has been made under subsection (1), no certificate shall be issued thereafter in respect of the registration.

Certificates fraudulently or improperly obtained or used

22(3)       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 such other evidence satisfactory to the director as may be adduced by any person interested, the director, if satisfied that a certificate was obtained or is being used for fraudulent or improper purposes, may make an order requiring the delivery to him or her of that certificate.

Certificate to be delivered to director

22(4)       A person who is in possession or control of a certificate in respect of which an order has been made under subsection (1) or (3) shall forthwith, upon receipt of the order, deliver the certificate to the director who shall preserve it in a permanent file together with the order and all documents relating thereto.

S.M. 2001, c. 5, s. 17.

CORRECTIONS OF ERRORS IN REGISTRATIONS

Corrections by event registrar

23(1)       If, while the registration of a birth, stillbirth, marriage, or death is in the possession of an event registrar, it is reported that an error exists in the registration, the event registrar shall inquire into the matter and, if satisfied that an error has been made, shall correct the error according to the facts by making a notation of the correction on the registration without altering the original entry.

Correction by personal appearance

23(2)       If the person who furnished the information contained in the registration to be corrected appears in person, the event registrar may permit correction by altering the original entry.

Correction by director

23(3)       If, after a registration has been received or made by the director, it is reported that an error exists in the registration, the director shall inquire into the matter and, upon production of satisfactory evidence verified by statutory declaration, and upon payment of the prescribed fee, shall correct the error by making a notation of the correction on the registration without altering the original entry.

Certificate from registration after correction

23(4)       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.

S.M. 2001, c. 5, s. 18.

Minor change in name

24(1)       The director upon

(a) application of a person whose birth is registered under this Act; or

(b) application of the parents of a minor whose birth is registered under the Act; or

(c) application of both parties to a marriage registered under this Act; or

(d) application of both parties to a common-law relationship registered under this Act;

for a change in spelling of a name as it appears in the birth, marriage or common-law relationship registration, may investigate the matter and, if satisfied that the alteration is minor and will not likely mislead anyone materially or adversely, may upon payment of the prescribed fee alter the registration of the birth, marriage or common-law relationship by changing the spelling of the name of the person whose birth is registered under this Act or the name of either or both of the parties to the marriage or common-law relationship registered under this Act.

Certificates after spelling change

24(2)       Every birth, marriage or common-law relationship 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.

S.M. 2001, c. 5, s. 19; S.M. 2002, c. 48, s. 23.

CHANGE OF SEX DESIGNATION

Definitions

25(1)       The following definitions apply in this section and section 25.1.

"applicant" means a person who applies to the director under subsection (2), (3) or (4). (« auteur de demande »)

"health care professional" means a medical practitioner, nurse practitioner, psychologist or psychological associate or member of a prescribed health care profession who

(a) is licensed, certified or registered to practise his or her health care profession in the jurisdiction within which he or she practises; and

(b) is in good standing with the regulatory authority for that profession in that jurisdiction. (« professionnel de la santé »)

"psychological associate" means a person who is licensed, certified or registered to practise as a psychological associate without supervision. (« psychologue associé »)

"resident of Manitoba" means a person who is legally entitled to be or remain in Canada and makes his or her home in and is ordinarily present in Manitoba, but does not include a tourist, transient or visitor to Manitoba. (« domicilié au Manitoba »)

Application to change sex designation on birth registration

25(2)       A person whose birth is registered in Manitoba may apply to the director to change the sex designation on the person's birth registration.

Application for change of sex designation certificate

25(3)       A person may apply to the director for a change of sex designation certificate if the person is a Canadian citizen who has been a resident of Manitoba for at least one year before the date the application is submitted.

Application to change sex designation on marriage registration

25(4)       A person whose marriage is registered in Manitoba may apply to the director to change the sex designation on the person's marriage registration if the other party to the marriage consents to the change in writing in an approved form and the person meets one of the following criteria:

(a) the person is also an applicant under subsection (2) or (3);

(b) the person had an amendment made to the person's birth registration under section 25 as it read before the coming into force of this subsection;

(c) the person had an amendment made to the sex designation on the person's birth registration in another jurisdiction.

Application materials — birth registration amendment or sex designation certificate

25(5)       An application for a change of sex designation on a person's birth registration under subsection (2) or a change of sex designation certificate under subsection (3) must be made in an approved form and be accompanied by the following:

1.

A signed statutory declaration in an approved form that meets the requirements in subsection (7).

2.

One of the following:

(a) a supporting letter from a health care professional that meets the requirements in subsection (8);

(b) at the director's discretion, alternative supporting material that meets the requirements in subsection (9).

3.

Evidence of

(a) the applicant's current full legal name and date and place of birth;

(b) the names of the applicant's parents; and

(c) the applicant's identity.

4.

Evidence that

(a) the applicant's birth is registered in Manitoba; or

(b) the applicant is a Canadian citizen and has been a resident of Manitoba for at least one year before the date the application is submitted.

5.

Evidence of the applicant's domicile or habitual residence if not in Manitoba.

6.

For a change of sex designation on the applicant's birth registration,

(a) all documents respecting the birth that were previously issued under subsection 32(2) and that are in the applicant's possession or control; and

(b) a signed application in an approved form for a new birth certificate to be issued under subsection 32(2).

7.

The prescribed information, if any.

8.

The prescribed fee.

Application materials — marriage registration amendment

25(6)       An application for a change of sex designation on a person's marriage registration under subsection (4) must be made in an approved form and be accompanied by the following:

1.

A statutory declaration in an approved form that is signed by both parties to the marriage.

2.

For a change of sex designation on the marriage registration of a person described in clause (4)(b) or (c), evidence of the applicant's current full legal name and proof of identity.

3.

For a change of sex designation on the marriage registration of a person described in clause (4)(c), documentation that meets the requirements in item 1 of subsection (9).

4.

The prescribed information, if any.

5.

The prescribed fee.

Statutory declaration — change of sex designation

25(7)       In a statutory declaration provided under item 1 of subsection (5), the applicant must attest to the following:

1.

The applicant identifies with the requested sex designation.

2.

The applicant is currently living full-time in a manner consistent with the requested sex designation and intends to continue doing so.

The statutory declaration may include additional statements to which an applicant must attest.

Supporting letter requirements

25(8)       A supporting letter must meet the following requirements:

1.

The letter must be provided by a health care professional who

(a) has treated or evaluated the applicant; and

(b) practises in a jurisdiction in Canada or, in the case of an applicant under subsection (2) who is domiciled or habitually resident outside Canada, a health care professional who practises in a jurisdiction in or outside Canada.

2.

The letter must

(a) identify the applicant by the applicant's current full legal name and date of birth;

(b) include a statement that the sex designation on the applicant's birth registration (if born in Canada) or on documents evidencing the applicant's Canadian citizenship (if born outside Canada) is, in the health care professional's opinion, inconsistent with the sex designation with which the applicant identifies;

(c) include a statement that the health care professional is of the opinion that the sex designation requested by the applicant is consistent with the sex designation with which the applicant identifies;

(d) include evidence that the health care professional is qualified to practise in his or her jurisdiction;

(e) include a statement about the duration of the health care professional's relationship with the applicant;

(f) if the applicant is a minor, include a statement that the health care professional is of the opinion that the minor has the capacity to make health care decisions;

(g) be in an approved form; and

(h) include the prescribed information, if any.

Alternative supporting materials

25(9)       As an exception to subsection (8), the director may accept the following materials in support of the requested change of sex designation for an applicant whose birth is registered in Manitoba:

1.

Documentation from a jurisdiction outside Manitoba effecting a change of sex designation, or acknowledging that a change of sex designation has occurred, in that jurisdiction if

(a) the documentation is issued by a person, office or body in the jurisdiction that, in the director's opinion, has functions under the jurisdiction's laws relating to changes of sex designation;

(b) the legal requirements of the jurisdiction for such changes are, in the director's opinion, comparable to the requirements under this Act; and

(c) the applicant was domiciled or habitually resident there when the documentation was issued.

2.

Documentation from a medical practitioner who

(a) treated or evaluated the applicant; and

(b) is licensed, certified or registered to practise medicine in a jurisdiction in Canada and is in good standing with the regulatory authority for medical practitioners in that jurisdiction;

that indicates that the applicant's sex designation should be changed as a result of transsexual, gender reassignment or similar surgery undergone by the applicant.

3.

Any other prescribed documentation.

Director may request additional documentation, evidence, etc.

25(10)      At the director's request, the applicant must provide any additional documentation, evidence, material or information in respect of the application.

Documentation, etc. must satisfy director, meet other prescribed requirements

25(11)      The documentation, evidence, material or information provided by an applicant under this section must

(a) be satisfactory to the director; and

(b) meet the prescribed requirements, if any.

S.M. 1991-92, c. 10, s. 8; S.M. 2001, c. 5, s. 20; S.M. 2014, c. 22, s. 2.

Director may change sex designation on birth registration

25.1(1)     If the applicant's birth is registered in Manitoba and each applicable requirement under this Act has been met, the director may amend the registration to change the applicant's sex designation.

Birth certificates issued without mention of change

25.1(2)     Every birth certificate issued in respect of the applicant after an amendment is made under subsection (1) must be issued as if the original registration had been made with the sex designation as changed.

Documents to be returned

25.1(3)     A person who is in possession or control of a document issued under subsection 32(2) in respect of the applicant before the amendment is made under subsection (1) must return the document to the director immediately, upon request, for cancellation.

Change of sex designation certificate

25.1(4)     The director may issue a change of sex designation certificate to an applicant who meets each applicable requirement under this Act.

Director may change sex designation on marriage registration

25.1(5)     If the applicant's marriage is registered in Manitoba and each applicable requirement under this Act has been met, the director may amend the registration to change the applicant's sex designation.

Marriage certificates issued without mention of change

25.1(6)     Every marriage certificate issued in respect of the applicant after an amendment is made under subsection (5) must be issued as if the original registration had been made with the sex designation as changed.

S.M. 2014, c. 22, s. 2.

If change of sex designation made under previous section

25.2        On application and payment of the prescribed fee, the director may issue a change of sex designation certificate to a person who had a change of sex designation made to the person's birth registration under section 25 as it read before the coming into force of this section.

S.M. 2014, c. 22, s. 2.

ADMINISTRATION

Appointment of director and other officers and employees

26(1)       A Director of Vital Statistics or an Acting Director of Vital Statistics and an Assistant Director of Vital Statistics, and such other officers and employees as may be required, may be appointed as provided in The Civil Service Act.

Duties of director

26(2)       The director shall, under the control of the minister, be responsible for the administration of this Act and shall perform such other duties as may be prescribed by the regulations or by the minister.

Duties of assistant director and inspectors

26(3)       The Assistant Director of Vital Statistics may, subject to such limitations, if any, as may be imposed by the minister, exercise the powers and perform the duties of the director; and shall also perform such other duties as may be prescribed by the regulations or by the minister.

Meaning of "Recorder of Vital Statistics"

26(4)       Where, in any Act of the Legislature or any regulation, rule or order made under an Act of the Legislature, there is reference to the Recorder of Vital Statistics, it shall be conclusively deemed to be a reference to the Director of Vital Statistics.

S.M. 2013, c. 54, s. 76.

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.

S.M. 2001, c. 5, s. 21.

28          [Repealed]

S.M. 2001, c. 5, s. 22.

Enforcement of Act by event registrar

29          Every event registrar shall, under the supervision and direction of the director and in accordance with the regulations, enforce this Act and shall make an immediate report to the director of any violation of this Act.

S.M. 2001, c. 5, s. 23.

Duty of event registrar

30(1)       Each event registrar shall examine each statement respecting a birth, stillbirth, marriage, or death, when presented for registration, to see that it has been made out in accordance with the provisions of this Act and the regulations and the instructions of the director.

Defective birth or marriage notice

30(2)       If a statement of birth, stillbirth, or marriage is incomplete, the event registrar shall immediately require the informant to supply the missing items, if they can be obtained.

30(3)       [Repealed] S.M. 2001, c. 5, s. 24.

Obtaining information

30(4)       An event registrar shall use all proper means available to obtain the information necessary for the purpose of completing the records required to be made.

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.

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.

Notice to Director

30(7)       The director on receiving a statement of the birth of a child whose parents are not legally married to each other or in respect of the marriage of whose parents there exists, in the opinion of the director, a reasonable doubt and the mother of the child is under the age of 18 years, shall, within three days after receiving the statement, send a copy of the statement to the Director of Child and Family Services.

S.M. 2001, c. 5, s. 24.

SEARCHES

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, common-law relationship, 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.

Report on search

31(2)       The director shall make a report on the search which shall state whether or not the birth, stillbirth, marriage, common-law relationship, death, baptism, or burial is registered or recorded and, if registered shall state the registration number thereof, and the report shall contain no further information.

Searches for research or statistical purposes

31(3)       The director may make a search for any person or organization for bona fide research or statistical purposes where

(a) the director is satisfied that the research or statistical purpose cannot reasonably be achieved unless the record is provided in a form which identifies an individual; and

(b) the director obtains from the person or organization a written undertaking not to disclose the contents of the record in any form which could reasonably be expected to identify the individual.

S.M. 2001, c. 5, s. 25; S.M. 2002, c. 48, s. 23.

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 an approved 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 an approved 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 or other parent and that person's 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 an approved 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.

Common-Law Relationships

Common-law relationship certificate

32(8.1)     The director may issue a certificate of common-law relationship, or a certified copy or photographic print of the registration of common-law relationship, only to the following persons, on application and payment of the prescribed fee:

(a) a party to the common-law relationship;

(b) if both parties to the common-law relationship 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 common-law relationship certificate

32(8.2)     A certificate of common-law relationship shall be in an approved form and contain at least the following particulars:

(a) the names of the parties to the common-law relationship;

(b) the residence of the common-law partners at the time they registered the common-law relationship;

(c) the date on which the common-law relationship commenced;

(d) the date on which the common-law relationship was registered;

(e) the registration number.

Dissolution of common-law relationship certificate

32(8.3)     The director may issue a certificate of dissolution of common-law relationship, or a certified copy or photographic print of the registration of the dissolution of common-law relationship, only to a person who is entitled to apply for a common-law relationship certificate and on payment of the prescribed fee.

Form of dissolution of common-law relationship certificate

32(8.4)     A certificate of dissolution of common-law relationship shall be in an approved form and contain at least the following particulars:

(a) the names of the parties to the common-law relationship;

(b) the date on which the common-law relationship commenced;

(c) the date on which the common-law relationship was registered;

(d) the registration number of the common-law relationship;

(e) the name of the party or parties who registered the dissolution of the common-law relationship;

(f) if only one party signed the statement regarding dissolution, the date on which the other party was served with the statement;

(g) where both parties jointly signed the statement of dissolution, the date on which the parties began living separate and apart;

(h) the date on which the dissolution of the common-law relationship was registered.

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 an approved 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.

S.M. 2001, c. 5, s. 26; S.M. 2002, c. 48, s. 23; S.M. 2011, c. 35, s. 52.

Certificates to be issued only by director

33(1)       Every certificate, certified copy, or photographic print, issued under section 32 shall be issued by the director; and no person other than a person herein authorized to do so shall issue any document that purports to be issued under this Act.

Signature of director

33(2)       Where the signature of the director or any person appointed pursuant to subsection 26(1) is required for any of the purposes of this Act, the signature may be written, engraved, lithographed or reproduced by any other mode of reproducing words in visible form.

Certificate valid after change of director

33(3)       Every document issued under this Act under the signature of the director or of any person appointed pursuant to subsection 26(1) is valid notwithstanding that the director or the person so appointed has ceased to hold office before the issue of the certificate.

Certificates as evidence

34          Every certificate purporting to be issued under section 32 is admissible in evidence in any court in the province as prima facie proof of the facts certified to be recorded, and every certified copy or photographic print purporting to be issued under section 32 is so admissible in evidence as prima facie proof of the facts recorded therein; and it is not necessary to prove the signature or official position of the person by whom the certificate or certified copy purports to be signed.

Photographic films and prints as copies

35          Where a provision of this Act refers to a copy of any document or paper, or to a copy on an approved form of any document or paper, or requires the making or retaining of such a copy or such a copy on an approved form, the reference shall be deemed to include, and the requirement shall be deemed to be complied with, by the making or retaining of a photographic film of the document or paper; and a print from such a photograpic film shall be deemed to be, and to have the same effect and serve the same purpose as, a copy or a copy on an approved form of the document or paper.

S.M. 2011, c. 35, s. 52.

Appeal from refusal of director to register

36(1)       Where an application for the registration of a birth, stillbirth, marriage, common-law relationship, or death is refused by the director, if, within one year of the refusal, an application is made to the Court of Queen's Bench, the court, upon being satisfied that the application is made in good faith and as to the truth and sufficiency of the evidence adduced on the application, and having regard to the standards 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, common-law relationship, or death; and the registrar of the court shall forthwith send a copy of the order to the director who shall comply with the order and attach the copy to the registration.

Appeal respecting search or issue of certificate

36(2)       Where an application for a certificate or a search in respect of the registration of a birth, stillbirth, marriage, common-law relationship, or death, is refused by the director, if, within one year of the refusal, application is made to the Court of Queen's Bench the court, upon being satisfied that the application is made in good faith and that the applicant has good reason for requiring the certificate or search, may make an order requiring the director to issue the certificate or make the search; and the registrar of the court shall forthwith forward a copy of the order to the director who shall comply therewith.

Appeal from order under section 22

36(3)       Where the director has made an order under section 22, any person interested may, within one year thereafter, appeal therefrom to the Court of Queen's Bench and the court may make an order confirming or setting aside the order of the director and the order of the judge shall be final and shall be binding on the director.

Notice

36(4)       At least 30 days' notice of the application or appeal shall be served on the director.

S.M. 2002, c. 48, s. 23.

GENERAL

Power to take affidavits

37          The director and every event registrar may take the affidavit or statutory declaration of any person for the purposes of this Act.

S.M. 2001, c. 5, s. 27.

Publication by director of statistical information

38          The director may compile, publish, and distribute, such statistical information respecting the births, stillbirths, marriages, common-law relationships, deaths, adoptions and changes of name, registered during any period as deemed necessary and in the public interest.

S.M. 2002, c. 48, s. 23.

Annual report

39          The director must prepare a statistical report of the births, stillbirths, marriages, common-law relationships, deaths, adoptions and changes of name for the previous calendar year and include it in the annual report required by subsection 24(1) of The Special Operating Agencies Financing Authority Act.

S.M. 2001, c. 5, s. 28; S.M. 2002, c. 48, s. 23; S.M. 2008, c. 42, s. 92.

Records property of the government

40(1)       All records, books, and other documents, pertaining to any office under this Act are the property of the government.

Delivery of records to successor

40(2)       Where a vacancy occurs in any office under this Act, the person having the possession, custody, or control of any books, records, or other documents, pertaining to the office shall give up possession of and deliver them to the successor in office or to any person appointed by the director to demand and receive them; and any person who fails to comply with this subsection is guilty of an offence.

S.M. 2001, c. 5, s. 29.

Secrecy

41(1)       No event registrar or employee in the government shall communicate, or allow to be communicated, to any person not entitled thereto any information obtained under this Act, or allow any such person to inspect, or have access to, any records containing information obtained under this Act.

Exception

41(2)       Nothing in subsection (1) prohibits the compilation, furnishing, or publication, of statistical data that does not disclose specific information with respect to any particular person.

Fine

41(3)       Every person who wilfully violates the provisions of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000.

S.M. 2001, c. 5, s. 30; S.M. 2002, c. 26, s. 56.

Information that does not meet registration requirements

41.1(1)     Despite anything in this Act, the director may refuse to register a document submitted for registration under this Act — or may register the document and sever information from it — if the director

(a) is not satisfied that the document or information meets all the registration requirements under this Act and the regulations;

(b) is not satisfied as to the truth or sufficiency of any statements made in the document; or

(c) has reason to believe that the document submitted for registration or any supporting document submitted with it

(i) is false or contains any false or misleading information, or

(ii) was submitted in bad faith or for an unlawful or improper purpose.

Severing information on documents

41.1(2)     The director may sever information from a document in accordance with subsection (1), before the document is registered, or at any time after it has been registered.

S.M. 2014, c. 25, s. 23.

Notations

42          Every notation made under this Act shall be effected without altering or defacing any entry on the registration; and shall be dated and initialled by the person making the notation.

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.

S.M. 2001, c. 5, s. 31.

Director to examine notices sent in by event registrars

43(1)       The director shall examine the original statements received from the event registrars, and if any are incomplete or unsatisfactory shall require such further information to be furnished as is necessary to make the record complete and satisfactory.

Information as to births, marriages, and deaths

43(2)       All clergymen, physicians, informants, funeral directors, lay funeral directors and persons in charge of health facilities connected with any case, and all persons having knowledge of the facts, shall furnish such information as they possess regarding any birth, marriage, or death, upon demand of the director or any event registrar made in person, by mail, or through any other person.

S.M. 2001, c. 5, s. 32.

Protection from liability

43.1        No action or proceeding may be brought against the director or any person acting under the authority of this Act for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act or the regulations.

S.M. 2014, c. 25, s. 24.

PENALTIES

Failure to carry out duties

44(1)       Every person who fails to give any notice, or to furnish any statement, certificate or particulars required under or pursuant to this Act, within the time limited by this Act, is guilty of an offence and is liable on summary conviction to a fine not exceeding $10,000.

Compliance by one person sufficient

44(2)       Where more than one person is required to give any notice, or to register, or to furnish any statement, certificate or particulars required under or pursuant to this Act and the duty is carried out by any of such persons, the other or others are not liable.

S.M. 2002, c. 26, s. 57.

Failure to obtain permit for transportation of body

45(1)       Subject to subsection (2), and any other Act, a common carrier transporting or carrying, or accepting through its agents or employees for transportation or carriage, the body of a deceased person without the burial permit issued under this Act, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $200.

Burial permit issued outside province

45(2)       If the death occurred outside the province and the body is accompanied by a burial permit issued in accordance with the law in force where the death occurred, the burial permit is sufficient to authorize the transportation or carriage of the body into or through the province.

S.M. 2001, c. 5, s. 33; S.M. 2011, c. 35, s. 52.

False information

45.1(1)     Every person who wilfully makes or causes to be made a false or misleading statement in any application, registration, statement, certificate, return or other document respecting any particulars required to be furnished under this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000. or imprisonment for a term of not more than one year, or both.

False information re registration in Manitoba

45.1(2)     Every person who wilfully makes or causes to be made a registration of a birth, marriage, death or stillbirth as having occurred in Manitoba in respect of any person whose birth, marriage, death or stillbirth did not occur in Manitoba is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000. or imprisonment for a term of not more than one year, or both.

S.M. 2002, c. 26, s. 58.

False documents

45.2(1)     No person shall

(a) wilfully use or possess a false, fictitious or altered certificate, certified copy or other document purporting to be issued under this Act or a certificate, certified copy or other document that has been cancelled by the director; or

(b) for any unlawful or improper purpose,

(i) use or possess a certificate, certified copy or other document issued under this Act that relates to another person, or

(ii) with respect to a certificate, certified copy or other document issued under this Act that relates to him or her, permit another person to use or possess that certificate, certified copy or other document.

Penalty

45.2(2)     A person who violates a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000. or imprisonment for a term of not more than one year, or both.

S.M. 2002, c. 26, s. 58; S.M. 2011, c. 35, s. 52.

General penalty

46          Every person who fails to comply with or violates any provisions of this Act or the regulations, for which failure or violation no penalty is otherwise provided, is guilty of an offence and is liable on summary conviction to a fine not exceeding $10,000.

S.M. 2002, c. 26, s. 59.

Consent to prosecutions

47(1)       No prosecution shall be commenced under this Act without the consent of the minister.

Conviction, etc. not affected by want of form

47(2)       No conviction, warrant, or commitment order, or any other proceeding, matter or thing made, done, or transacted, in or relating to the execution of this Act, shall be vacated, quashed, or set aside, for want of form or for any defect that does not substantially affect the justice of the case.

REGULATIONS

Regulations

48          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made pursuant to, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,

(a) [repealed] S.M. 2011, c. 35, s. 52;

(a.1) setting out the manner in which documents are to be served on a person;

(b) prescribing the duties of the director;

(c) prescribing the duties of, and records to be kept by, the event registrars;

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

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

(f) designating the persons who may have access to, or may be given copies of, or information including personal information and personal health information from, the records in the office of the director, and prescribing an oath of secrecy to be taken by such persons;

(f.1) respecting the sharing of information, including personal information and personal health information, for the purpose of ensuring that documents issued or information obtained or maintained under this Act or under similar legislation of other jurisdictions are not used for an unlawful or improper purpose;

(g) for the registration of births, marriages, common-law relationships, deaths, stillbirths, adoptions, or changes of name, in cases not otherwise provided for in this Act;

(h) respecting the conditions that must be complied with in connection with the issue of a burial permit;

(i) 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 such fees in favour of any person or class of persons; and providing that any one or more services shall be rendered without payment of any fee in such cases, or to such government departments, public officers, courts, societies, organizations or persons as may be specified in the regulations;

(j) designating the persons who may sign registrations and notations;

(k) prescribing the evidence on which the director may register a birth, stillbirth, marriage, or death, after 90 days from the date thereof;

(k.1) respecting changes of sex designation under sections 25 and 25.1, including, without limitation, defining terms used in those sections, respecting notifications of changes of sex designation and prescribing anything referred to in those sections as being prescribed;

(l) and (m) [repealed] S.M. 2001, c. 5, s. 34;

(n) authorizing every Band Administrator in Manitoba to act, ex officio, as an event registrar for the Indians under his or her jurisdiction; and

(o) for the purpose of effectively securing the due observance of this Act, and generally for the better carrying out of the provisions thereof and obtaining the information required thereby.

S.M. 2001, c. 5, s. 34; S.M. 2002, c. 26, s. 60; S.M. 2002, c. 48, s. 23; S.M. 2011, c. 35, s. 52; S.M. 2014, c. 22, s. 3.

Other registration systems discontinued

49          No system for the registration of births, marriages, and deaths shall be continued or maintained in any of the several municipalities of the province other than that established by this Act.

Conflict with The Freedom of Information and Protection of Privacy Act

49.1        If a provision of this Act is inconsistent or in conflict with a provision of The Freedom of Information and Protection of Privacy Act, the provision of this Act prevails.

S.M. 1997, c. 50, s. 96.

Construction

50          This Act shall be so interpreted and construed as to effect its general purpose of making uniform the law of the provinces that enact it.