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S.M. 1985-86, c. 5

An Act to amend The Vital Statistics Act

(Assented to July 11, 1985)

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

Definition of "inspector" rep.

1

Section 1 of The Vital Statistics Act, being chapter 58 of the Statutes of Manitoba, 1982-83-84 (chapter V60 of the Continuing Consolidation of the Statutes of Manitoba), is amended by repealing the definition of "inspector".

Subsec. 3(5.1) added.

2

Section 3 of the Act is amended by adding thereto, immediately after subsection (5) thereof, the following subsection:

Artificial insemination.

3(5.1)

The birth registration of a child born to a married woman as a result of artificial insemination, with consent of her husband, shall be completed in accordance with the provisions of subsection (5).

Subsec. 3(6) am.

3

Subsection 3(6) of the Act is amended by adding thereto, immediately after the word "may" in the 2nd last line thereof, the words "upon payment of the prescribed fee".

Subsec. 3(8) am.

4

Subsection 3(8) of the Act is amended by adding thereto, immediately after the word "writing" in the 2nd line thereof, the words "upon payment of the prescribed fee".

Subsec. 3(13) added.

5

Section 3 of the Act is further amended by adding thereto, immediately after subsection (12) thereof, the following subsection:

Amending record.

3(13)

On receipt of a statement made under section 11.10 or 11.15 of The Family Maintenance Act and upon payment of the prescribed fee, 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.

Sec. 4 am.

6

Section 4 of the Act is amended by adding thereto, immediately after the word "child" where it appears in the 2nd last line thereof, the words "and upon payment of the prescribed fee".

Subsec. 4(2) added.

7

Section 4 of the Act is further amended by numbering the present section as subsection 4(1) and by adding thereto, immediately after subsection (1) thereof, the following subsection:

Surviving spouse may apply.

4(2)

Upon proof that the mother or father is dead or mentally incapable, the director may, on application by the other parent, register the birth of their child in accordance with subsection (1).

Subsec. 10(2) am.

8

Subsection 10(2) of the Act is amended by adding thereto, immediately after the word "entered" in the 3rd line thereof, the words "upon payment of the prescribed fee".

Subsec. 10(10) added.

9

Section 10 of the Act is further amended by adding thereto, immediately after subsection (9) thereof, the following subsection:

Pre-September, 1924 adoption files.

10(10)

Files maintained by the director related to adoption agreements entered into prior to September 1, 1924 shall upon request of the Director of Child Welfare be forwarded to him.

Subsec. 21(3) am.

10

Subsection 21(3) of the Act is amended by adding thereto, immediately after the word "section" in the 2nd line thereof, the words "except for a change of surname made by election upon marriage".

Sec. 24 am.

11

Section 24 of the Act is amended by adding thereto, immediately after the word "may" in the 8th line thereof, the words "upon payment of the prescribed fee".

Subsec. 25(1) am.

12

Subsection 25(1) of the Act is amended by adding thereto, immediately after the word "surgery" in the 2nd line thereof the words "and upon payment of the prescribed fee".

Subsec. 26(1) am.

13

Subsection 26(1) of the Act is amended

(a) by striking out the words "inspectors of vital statistics" in the 2nd and 3rd lines thereof; and

(b) by striking out the words "to carry on the business of the Division of Vital Statistics" in the 3rd and 4th lines thereof.

Subsec. 26(3) am.

14

Subsection 26(3) of the Act is amended by striking out the words "with the inspectors of vital statistics" in the 3rd line thereof.

Subsec. 31(3) added.

15

Section 31 of the Act is amended by adding thereto, immediately after subsection (2) thereof, the following subsection:

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.

Subsec. 36(1) am.

16

Subsection 36(1) of the Act is amended by striking out the word "clerk" in the 3rd last line thereof and substituting therefor the word "registrar".

Subsec. 36(2) am.

17

Subsection 36(2) of the Act is amended by striking out the word "clerk" in the 2nd last line thereof and substituting therefor the word "registrar".

Commencement of Act.

18

This Act comes into force on the day it receives the royal assent.