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Statutes of Newfoundland and Labrador 2009


CHAPTER 32

AN ACT TO AMEND THE VITAL
STATISTICS ACT, 2009

(Assented to December 22, 2009)

Analysis


††††††† 1. S.14 Amdt.
Registration of stillbirth

††††††† 2.†† S.15 R&S
Registration of death required

††††††† 3. S.16 R&S
Cause of death

††††††† 4.†† S.21 Amdt.
Registration of marriages

††††††† 5. S.30 Amdt.
Birth certificate

††††††† 6.†† Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2009 cV-6.01

††††††† 1. Subsection 14(3) of the Vital Statistics Act, 2009 is repealed and the following substituted:

†††††††††††† (3)A

†††††††††††† (a)medical practitioner in attendance at a stillbirth;

†††††††††††† (b)nurse practitioner, where that person is in attendance but no medical practitioner is in attendance at a stillbirth;

†††††††††††† (c)registered nurse, where that person is in attendance but no medical practitioner or nurse practitioner is in attendance at a stillbirth; or

†††††††††††† (d)medical practitioner who was not in attendance at the stillbirth or the chief medical examiner, where none of the persons referred to in paragraphs (a) to (c) were in attendance at a stillbirth

shall complete the medical certificate portion of the death registration form showing the cause of the stillbirth and shall deliver it to the funeral director.

 

††††††† 2. Section 15 of the Act is repealed and the following substituted:

Registration of death required

††††† 15. (1) Where a person dies in the province, his or her death shall be registered as required by this Act.

†††††††††††† (2)The funeral director shall, immediately after the death of a person, obtain the personal particulars of the deceased from

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

†††††††††††† (b)where a relative as defined in section 2 is not available, another relative of the deceased;

†††††††††††† (c)where a relative is not available, an adult person present at the death;

†††††††††††† (d)another adult person having knowledge of the facts;

†††††††††††† (e)the occupier of the house in which the death occurred; or

††††††††††††† (f)the chief medical examiner where the chief medical examiner has been notified of the death and has made an investigation or held an inquiry regarding the death,

and the funeral director shall, from those particulars, complete a statement in the required form of the personal particulars of the deceased.

†††††††††††† (3)The funeral director shall immediately after the death obtain from the medical practitioner who was last in attendance during the last illness of the deceased or the chief medical examiner who has conducted an investigation or an inquiry regarding the circumstances of the death, a medical certificate portion of the death registration in the required form stating in it the cause of death.

†††††††††††† (4)Notwithstanding subsection (3), where

†††††††††††† (a)no medical practitioner was in attendance during the last illness of the deceased but a nurse practitioner was in attendance, the medical certificate portion of the death registration required under that subsection may be signed by that nurse practitioner; or

†††††††††††† (b)neither a medical practitioner nor a nurse practitioner was in attendance during the last illness of the deceased but a registered nurse was in attendance, the medical certificate portion of the death registration required under that subsection may be signed by that registered nurse.

†††††††††††† (5)Where

†††††††††††† (a)a death occurs without medical attendance;

†††††††††††† (b) the medical practitioner referred to in subsection (3) is not available to complete the medical certificate portion of the death registration form; or

†††††††††††† (c)the nurse practitioner or registered nurse referred to in subsection (4) is not available to complete the medical certificate portion of the death registration form,

and where there is no reason to believe that the death was the result of circumstances referred to in subsection 17(2), the funeral director shall immediately notify the chief medical examiner or a medical practitioner designated by the chief medical examiner, who shall inquire into the facts of the case and shall complete the medical certificate portion of the death registration form in accordance with section 16.

 

††††††† 3. Section 16 of the Act is repealed and the following substituted:

Cause of death

††††† 16. (1) The medical practitioner, nurse practitioner or registered nurse who was last in attendance during the last illness of the deceased, or the chief medical examiner where the chief medical examiner has conducted an investigation on the body or an inquiry into the circumstances of the death, shall, upon the request of the funeral director, complete the medical certificate portion of the death registration in the required form indicating the cause of death of the deceased and provide it to the funeral director at the same time the body is released to him or her.

†††††††††††† (2)The medical practitioner, nurse practitioner, registered nurse or chief medical examiner shall send a copy of the completed medical certificate portion of the death registration form to the registrar general.

†††††††††††† (3)The cause of death referred to in subsection (1) shall be listed according to the International Statistical Classification of Diseases and Related Health Problems as last revised by the International Conference for that purpose and published by the World Health Organisation.

 

††††††† 4. Subsection 21(3) of the Act is amended by deleting the number and word "5 days" and substituting the number and word "7 days".

 

††††††† 5. Section 30 of the Act is amended by adding immediately after subsection (2) the following:

††††††††† (2.1)Where a person has died, and his or her birth occurred less than 100 years ago, the registrar general may issue a certificate of birth or a certified copy of the registration of the personís birth only to

†††††††††††† (a)a spouse, cohabiting partner, adult child or adult sibling of the deceased;

†††††††††††† (b)the executor or administrator of the personís estate;

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

†††††††††††† (d)a person on the order of a court.

Commencement

††††††† 6. This Act shall be considered to have come into force on October 1, 2009.