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SNL2009 CHAPTER V-6.01

VITAL STATISTICS ACT, 2009

Amended:

2009 c32; 2013 c16 s25; 2013 cA-3.1 s88; 2014 c2; 2015 cA-1.2 s135; 2016 c3

CHAPTER V-6.01

AN ACT RESPECTING THE REGISTRATION OF BIRTHS, MARRIAGES, DEATHS AND OTHER VITAL EVENTS

(Assented to May 28, 2009 )

Analysis


       
1.   Short title

       
2.   Interpretation

              PART I
ADMINISTRATION

       
3.   Registrar general

              PART II
REGISTRATION OF BIRTHS

       
4.   Notice of births

       
5.   Registration of births

       
6.   Registration of adoption orders

       
7.   Name of child

       
8.   Notation where no given name registered

       
9.   Additional evidence

     
10.   Continuing liability to complete statement

     
11.   Registrar general may register birth

     
12.   Application for registration by other person

     
13.   Registration of abandoned child

     
14.   Registration of stillbirth

              PART III
REGISTRATION OF DEATHS

     
15.   Registration of death required

     
16.   Cause of death

     
17.   Issuing of burial permit

     
18.   Death registration

     
19.   Requirement for burial permit

     
20.   Registration of death by registrar general

              PART IV
REGISTRATION OF MARRIAGES

     
21.   Registration of marriages

     
22.   Delayed registration

              PART V
GENERAL

     
23.   Births and deaths at sea or on an aircraft

     
24.   Church records

     
25.   Change of name

     
26.   Change of sex designation

   
26.1   Change of sex designation of a child

     
27.   Fraudulent registration and birth certificates

     
28.   Correcting errors

     
29.   Minor change in registration

     
30.   Birth certificate

     
31.   Marriage certificates

     
32.   Death certificates

     
33.   No certificate issued

     
34.   Certified copy from church records

     
35.   Issuing of certificates

     
36.   Proof

     
37.   Appeal

     
38.   Publication of statistical information

     
39.   Review of submitted information

     
40.   Secrecy

     
41.   Release of information

     
42.   Return of certificate

     
43.   Fees and forms

              PART VI
OFFENCE AND PENALTY

     
44.   False information

     
45.   False information re: registration in the province

     
46.   False documents

     
47.   General penalty

     
48.   Consent to prosecution

              PART VII
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

     
49.   SNL1999 cA-2.1 Amdt.

     
50.   SNL2004 cC-5.1 Amdt.

     
51.   RSNL1990 cC-13 Amdt.

     
52.   SNL1995 cF-6.1 Amdt.

     
53.   RSNL1990 cV-6 and CNLR 973/96 Rep.

     
54.   Commencement


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

Short title

        1. This Act may be cited as the Vital Statistics Act, 2009 .

2009 cV-6.01 s1

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Interpretation

        2. (1) In this Act

             (a)  "birth" means the complete expulsion or extraction from its mother, irrespective of the duration of pregnancy, of a product of conception in which, after 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;

             (b)  "burial permit" means a permit to bury, cremate, remove or otherwise dispose of a dead body;

             (c)  "certificate" means a certified extract of the required particulars of a registration filed with the registrar general;

             (d)  "chief medical examiner" means the chief medical examiner appointed under the Fatalities Investigations Act ;

             (e)  "cohabiting partner" means either of 2 persons who have cohabited in a conjugal relationship outside of marriage for at least one year;

             (f)  "copy" includes a photocopy, scanned copy or another form of reproduction acceptable to the registrar general;

             (g)  "cremation" means disposal of a dead body by incineration in a crematorium;

             (h)  "death" means the time at which irreversible cessation of all a person's brain function occurs;

              (i)  "error" means incorrect information, and includes an omission of information;

              (j)  "funeral director" means a person who takes charge of a dead body for the purpose of burial, cremation, removal or other disposition;

             (k)  "medical examiner" means a medical examiner under the Fatalities Investigations Act and includes the chief medical examiner;

              (l)  "medical practitioner" means a duly qualified medical practitioner who is licensed to practice medicine in the province and who is a member in good standing of the College of Physicians and Surgeons of Newfoundland and Labrador ;

           (m)  "mentally disabled person" means a mentally disabled person as defined in the Mentally Disabled Persons' Estates Act;

             (n)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (o)  "nurse practitioner" means a nurse practitioner as defined in the Registered Nurses Act, 2008 ;

             (p)  "occupier" means the person occupying a dwelling and includes the person having the management or charge of a 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;

             (q)  "relative" means the mother, father, sister, brother, aunt, uncle, adult child, spouse or cohabiting partner of a person;

         (q.1)  "registered nurse" means a registered nurse as defined in the Registered Nurses Act, 2008 ;

              (r)  "registrar general" means the registrar general appointed under section 3 and includes the deputy registrar general;

             (s)  "required form" means the form required by the minister;

              (t)  "spouse" means either of 2 persons who are married to each other; and

             (u)  "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 where

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

                     (ii)  the product of conception weighs 500 grams or more.

             (2)  For the purpose of this Act, where a form or other document is required to be delivered, that requirement may be fulfilled through regular postal mail, through electronic means acceptable to the registrar general, or in another manner acceptable to the registrar general.

             (3)  Where the signature of the registrar general is required under this Act, it may be reproduced by photographic or electronic means.

2009 cV-6.01 s2; 2016 c3 s1

PART I
ADMINISTRATION

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Registrar general

        3. (1) The minister shall appoint a registrar general to carry out the duties imposed under this Act.

             (2)  The minister may appoint a deputy registrar general who shall, when the registrar general is absent or unable to act, or when the office of the registrar general is vacant, perform the functions of and have all the powers and authority of the registrar general.

2009 cV-6.01 s3

PART II
REGISTRATION OF BIRTHS

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Notice of births

        4. (1) Information concerning the birth of a child shall be provided in the required form and shall be delivered to the registrar general within 5 days of the birth by the medical practitioner, nurse practitioner or person who assumes medical responsibility for the delivery of the child.

             (2)  Where more than one child is delivered in a single birth event, a separate statement shall be completed for each child, and in each statement the number of children born during the birth event and the number of each child in the order of birth shall be given.

2009 cV-6.01 s4

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Registration of births

        5. (1) The birth of every child born in the province shall be registered as required by this Act.

             (2)  Within 30 days after the date of birth of a child in the province

             (a)  both parents of the child;

             (b)  one parent of the child only, where the other parent of the child

                      (i)  is incapable,

                     (ii)  disputes he or she is the other parent of the child, or

                    (iii)  is not known to the other parent;

             (c)  where the persons referred to in paragraphs (a) and (b) are incapable, the person who stands in the place of the parents of the child;

             (d)  where there is no person to whom paragraphs (a) to (c) apply, the person required to give notice under section 4 ;

             (e)  where there is no person to whom paragraphs (a) to (d) apply, the occupier of the premises in which the child is born, where that person has knowledge of the birth; or

             (f)  where the child is in the care of a Director of Child, Youth and Family Services, that person or his or her designate

shall complete and mail a statement in the required form respecting the birth to the registrar general.

             (3)  Where a mother registers the birth of a child under subsection (2) and the other parent of the child is incapable as referred to in subparagraph (2)(b)(i), that other parent shall only be named on the birth registration where the court has issued a declaratory order under the Children's Law Act naming that other person as the parent of the child.

             (4)  Where more than one child is delivered during a single birth event, a separate statement for each child shall be completed and delivered as required under subsection (2), and in each statement the number of children born during the birth event and the number of each child in the order of birth shall be given.

             (5)  The birth registration of a child born as a result of artificial insemination shall be completed showing, with the written consent of the woman and her spouse or cohabiting partner, the particulars of the spouse or cohabiting partner as being the father or other parent of the child.

             (6)  Where a child has been born through a surrogacy arrangement, the registrar general shall register the intended parents as the parents of that child where

             (a)  an adoption order has been issued by the court under section 35 of the Adoption Act, 2013 ; or

             (b)  a declaratory order respecting the parentage of the child has been issued under section 6 or 7 of the Children's Law Act,

and a certified copy of that order has been received by the registrar general.

2009 cV-6.01 s5; 2013 cA-3.1 s88

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Registration of adoption orders

        6. (1) Upon receipt of a certified copy of an adoption order issued under section 35 of the Adoption Act, 2013 , or of a certified copy of an order, judgment or decree of adoption made by a court of competent jurisdiction of another province or of a foreign state, issued under the seal of the proper certifying authority, the registrar general shall register the order, judgment or decree.

             (2)  Where the birth of the person adopted

             (a)  was registered in the province before the adoption; or

             (b)  is registered in the province after the adoption in accordance with this Act,

the registrar general may, upon production of evidence satisfactory to him or her of the identity of the person, together with an application for the registration of the birth in the required form, set aside a registration made under this Act and substitute a new registration of birth in accordance with the facts contained in the adoption order, judgment or decree.

             (3)  Where the registrar general substitutes a new registration under subsection (2), the original registration shall be withdrawn from the registration files and kept in a separate file and sealed, but in every case, whether or not an application is made, the registrar general shall make a notation of the adoption and of a change of name consequent to the adoption with a reference to the registration of the order to be made upon the original registration of the birth of the person and shall endorse a reference to the original registration of the birth on the copy of the order, judgment or decree.

             (4)  Where a new registration is substituted under subsection (2), the date of the new registration shall be the date of the original registration.

             (5)  Where a new registration has been substituted under subsection (2) and an application is made for a birth certificate, the certificate shall be issued in accordance with the new registration.

             (6)  The holder of a birth certificate in respect of a registration of a birth that has been withdrawn under subsection (2) or a certified copy of that registration shall, where a demand is made by the registrar general, immediately deliver it to the registrar general for cancellation.

             (7)  Notwithstanding another provision of this Act, where an original registration is sealed under subsection (3), the registrar general shall not amend it, add information or particulars to it, correct errors by making notations on it, substitute a subsequent registration for it, or cancel it.

2009 cV-6.01 s6; 2013 cA-3.1 s88

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Name of child

        7. (1) The birth of a child shall be registered showing as the surname of the child the surname chosen by the parent of the child and the other parent of the child, if there is one, as determined under section 5 , and where the parents cannot agree on the surname of the child, the surname shall be the hyphenated combination of the surname of the parents, in alphabetical order.

             (2)  The name of a child whose birth is registered under this Act shall include both a given name and a surname.

             (3)  Where a person who is not the child's parent applies to register the child's birth, the surname given to the child shall be

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

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

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

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

             (4)  The registrar general may refuse a name where, in the opinion of the registrar general the name might reasonably cause mistake or confusion, that it is sought for an improper purpose or on the grounds that the name is undesirable in the public interest.

             (5)  Where the registrar general refuses a name under the authority of subsection (4), the parent or other person applying to register the name may, within 30 days of the refusal of the name, appeal that decision to a judge of the Trial Division and the decision of the judge with respect to the registration is final.

             (6)  For the purpose of subsection (4), it is undesirable in the public interest for a child to bear a name where

             (a)  it might cause offence to a reasonable person;

             (b)  it is unreasonably long; or

             (c)  without adequate justification, it is, includes or resembles an official title or rank.

2009 cV-6.01 s7

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Notation where no given name registered

        8. Where, before the commencement of this Act, the birth of a child has been registered without a given name for that child, the registrar general may, with the documentary evidence he or she may require, and where the registrar general is satisfied as to the truth and sufficiency of that evidence, change the registration of the birth of that child to add a given name.

2009 cV-6.01 s8

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Additional evidence

        9. Where the registrar general is not satisfied as to the truth and sufficiency of a statement required to be made, the registrar general may

             (a)  require the attendance of the person who signed the statement or of another person; and

             (b)  examine that person respecting a matter respecting the registration of the birth.

2009 cV-6.01 s9

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Continuing liability to complete statement

      10. Where a statement is not completed and delivered in the manner and in the time required, a person upon whom the duty of completing and delivering the statement is imposed remains liable to perform that duty notwithstanding the expiration of the time provided and, with respect to each successive period of 5 days after that during which he or she neglects or fails to complete and deliver the statement, is guilty of an offence.

2009 cV-6.01 s10

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Registrar general may register birth

      11. (1) Where, after the expiry of one year after a child’s birth, a person has not delivered a statement respecting the birth of a child as required by this Act, the registrar general shall complete the statement with the particulars of the child's birth of which he or she has knowledge, and that statement constitutes the registration of the birth.

             (2)  Where the registrar general registers a birth under subsection (1), and following that registration further documentary evidence comes to the attention of the registrar general respecting that registration, the registrar general may make a notation changing the registration where he or she is satisfied as to the truth and sufficiency of that documentary evidence.

2009 cV-6.01 s11

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Application for registration by other person

      12. (1) Where a birth is not registered in accordance with section 5 , and an application for registration of the birth is made by a person to the registrar general and

             (a)  is in the required form;

             (b)  contains a statement respecting the birth;

             (c)  is verified by statutory declaration; and

             (d)  is accompanied by the other evidence the registrar general may require,

the registrar general may, where he or she is satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith, register the birth by signing the statement and that statement shall constitute the registration of the birth.

             (2)  Where the registrar general registers a birth under subsection (1), and following that registration further documentary evidence comes to the attention of the registrar general respecting that registration, the registrar general may make a notation changing the registration where he or she is satisfied as to the truth and sufficiency of that documentary evidence.

2009 cV-6.01 s12

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Registration of abandoned child

      13. (1) Where the registrar general receives information relating to the birth of an abandoned child, he or she shall review the information and, where the registrar general is satisfied as to the correctness and sufficiency of the information stated, shall register the birth.

             (2)  Registration under this section shall establish for the abandoned child

             (a)  a date of birth;

             (b)  a place of birth; and

             (c)  a surname and a given name.

             (3)  The registrar general shall, upon registering a birth under this section, immediately send to the appropriate Director of Child, Youth and Family Services appointed under the Child, Youth and Family Services Act a copy of all documents respecting the registration of a child filed under this section.

             (4)  Where, subsequent to the registration of a birth under this section, the identity of a child is established to the satisfaction of the registrar general, or further information with respect to the identity of the child is received, the registrar general shall

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

             (b)  where necessary, file 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 registrar general shall make a notation on the new registration of a cancellation of the original registration, and a certificate shall not be issued in respect of the cancelled registration or a registration which has been altered under paragraph (a) or (b).

             (5)  Where a new registration of the birth of a child is made under subsection (4), the date of the registration shall be as shown on the registration which is first made.

             (6)  The registrar general shall notify the appropriate Director of Child, Youth and Family Services immediately where an action is taken under subsection (4).

             (7)  Where a person has received a certificate issued in respect of the registration of the birth of a child made under subsection (1), and where the registration is cancelled under subsection (4), that person shall deliver the certificate to the registrar general for cancellation where the registrar general so requires.

2009 cV-6.01 s13

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Registration of stillbirth

      14. (1) Every stillbirth in the province shall be registered as required by this Act.

             (2)  Where a stillbirth occurs, the person who would have been responsible for the registration under section 5 , if the stillbirth had been a birth, shall complete and deliver to the funeral director a statement in the required form respecting the stillbirth.

             (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.

             (4)  Upon obtaining the information respecting the stillbirth and the medical certificate portion of the death registration form, the funeral director shall, where satisfied as to the truth and sufficiency of the information, complete the death registration form and issue a burial permit.

             (5)  A funeral director shall, within 5 days of completing a death registration form and issuing a burial permit as required under subsection (4), forward the completed stillbirth registration form and a copy of the burial permit to the registrar general.

             (6)  Within one year of receiving a statement under this section, where the registrar general is satisfied as to the truth and sufficiency of the statement, he or she shall register the stillbirth.

             (7)  Sections 5 to 13 apply, with the necessary changes, to stillbirths.

2009 cV-6.01 s14; 2009 c32 s1

PART III
REGISTRATION OF DEATHS

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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)  [Rep. by 2014 c2 s1]

2009 c32 s2; 2014 c2 s1

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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.

2009 c32 s3

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Issuing of burial permit

      17. (1) Upon obtaining the personal particulars respecting a deceased person and the medical certificate portion of the death registration form, the funeral director shall, where satisfied as to the truth and sufficiency of the information, complete the death registration form and issue a burial permit.

             (2)  Where there is reason to believe that a person has died in a circumstance referred to in section 5, 6, 7, or 8 of the Fatalities Investigations Act, a burial permit shall not be issued by the funeral director unless

             (a)  the body has been examined by the chief medical examiner, a medical examiner or an investigator under the Fatalities Investigations Act and an investigation is being made by that person into the circumstances of the death;

             (b)  the chief medical examiner or a medical examiner or, with the consent of a medical examiner under subsection 10(5) of the Fatalities Investigations Act , a medical practitioner or a nurse practitioner has signed the medical certificate portion of the death registration form indicating the cause of death; and

             (c)  there is compliance with the other provisions of this Act respecting the registration of the death.

             (3)  Where a person dies under circumstances referred to in subsection (2) and a person referred to in paragraph (2)(b) cannot complete the medical certificate portion of the death registration form because the investigation into the circumstances of the death has not yet concluded, that person shall submit the medical certificate portion of the death registration form as pending and the funeral director shall, upon the release of the body for burial, issue a burial permit.

             (4)  Where the medical certificate portion of the death registration form has been submitted as pending under subsection (3) and the investigation into the circumstances of the death has concluded, the chief medical examiner or other person identified in paragraph (2)(b) shall submit the completed medical certificate portion of the death registration form to the registrar general.

2009 cV-6.01 s17; 2014 c2 s2

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Death registration

      18. (1) A funeral director shall, within 5 days of completing a death registration form and issuing a burial permit as required under section 17 , forward the completed death registration form and a copy of the burial permit to the registrar general.

             (2)  The registrar general shall review the documents submitted under subsection (1) and shall, where he or she is satisfied with the truth and sufficiency of the information, register the death.

2009 cV-6.01 s18

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Requirement for burial permit

      19. (1) A person shall not

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

             (b)  remove a body from the province; or

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

unless the requirements of subsection (2) are fulfilled.

             (2)  An act referred to in subsection (1) shall not be performed unless

             (a)  a medical certificate portion of the death registration form is completed;

             (b)  a burial permit is issued by the funeral director; and

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

2009 cV-6.01 s19

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Registration of death by registrar general

      20. Where a death is not registered within one year from the day of death, or where the registrar general refuses to accept a statement respecting a death, where an application for registration of death is made by a person to the registrar general in the required form verified by statutory declaration and accompanied by a statement in the required form respecting the death and other evidence that may be required, the registrar general shall, where he or she is satisfied of the truth and sufficiency of the matters stated in the application and that the application is made in good faith, register the death.

2009 cV-6.01 s20

PART IV
REGISTRATION OF MARRIAGES

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Registration of marriages

      21. (1) Every marriage performed in the province shall be registered as required by this Act.

             (2)  A person authorized by law to perform a marriage in the province shall, immediately after he or she performs a marriage, prepare a statement in the required form respecting the marriage, and that statement shall be signed by

             (a)  each of the parties to the marriage;

             (b)  at least 2 witnesses to the marriage who are 16 years of age or older; and

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

             (3)  The person by whom the marriage was performed shall, within 7 days after the day of the marriage, deliver or mail the completed statement to the marriage license issuer and, where   the marriage licence issuer is satisfied with those documents, he or she shall send them to the registrar general for registration.

             (4)  The registrar general shall, within one year of the day of the marriage, where he or she is satisfied with the truth and sufficiency of the statement, register the marriage.

2009 cV-6.01 s21; 2009 c32 s4

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Delayed registration

      22. When a marriage is not registered within one year from the day of the marriage, where an application for registration of it is made by a person to the registrar general in the required form, verified by statutory declaration, and by a statement in the required form respecting the marriage and including the other evidence that may be required, the registrar general shall, where he or she is satisfied of the truth and sufficiency of the matters stated in the application and that the application is made in good faith, register the marriage.

2009 cV-6.01 s22

PART V
GENERAL

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 Births and deaths at sea or on an aircraft

      23. (1) Where a birth or death occurs on a vessel underway or an aircraft in flight, and the vessel's first port of call, or the aircraft's first place of landing after the birth or death is in the province, the birth or death shall, for the purpose of this Act, be considered to have occurred in the province.

             (2)  For the purpose of this section, "death" includes a stillbirth.

             (3)  Where a vessel recovers a body at sea and the vessel's first port of call after the recovery is in the province, the death shall, for the purpose of this Act, be considered to have occurred in the province.

2009 cV-6.01 s23

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Church records

      24. Where registers or records of baptisms, marriages or burials kept by a church or religious body in the province are now on file or are, with the approval of the registrar general, placed on file in the office of the registrar general, those registers or records shall be considered to be part of the registrar general's records.

2009 cV-6.01 s24

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Change of name

      25. (1) Where the name of a person has been changed under the Change of Name Act, 2009 or is changed in another province or in a foreign state by or under a statute of that province or foreign state, the registrar general shall, where satisfactory proof of the change and evidence as to the identity of the person has been produced,

             (a)  where the birth or marriage of the person is registered in the province, record the change;

             (b)  where the change was made under the Change of Name Act, 2009 and the person was born or married in Canada but outside the province, shall transmit to the officer in charge of the registration of births or marriages in the province in which the person was born or married a copy of the proof of the change of name produced to the registrar general; and

             (c)  where the change was made under the Change of Name Act, 2009 and the person was born or married outside Canada, shall, where requested by the person whose name has been changed, transmit to the officer in charge of the registration of births or marriages in the foreign state in which the person was born or married a copy of the proof of change of name produced to the registrar general.

             (2)  A birth certificate issued after recording a change under this section, except for a change of surname made by election as a result of marriage, shall be issued as if the registration had been made in the name as changed.

             (3)  A marriage certificate issued after making a notation under this section shall only be amended where requested and the registrar general may, where the consent of the other spouse has been obtained, record the change on the marriage certificate.

2009 cV-6.01 s25

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Change of sex designation

      26. (1) A person who has reached the age of 16 years and whose birth is registered in the province may apply to the registrar general to change the sex designation on that person's birth registration.

             (2)  An application made under subsection (1) shall include

             (a)  a statutory declaration made by the applicant stating that the applicant has assumed, identifies with and intends to maintain the gender identity that corresponds with the requested sex designation;

             (b)  a statement from one of the following persons who has treated, evaluated or consulted with the applicant that confirms that the sex designation requested by the applicant is consistent with the sex designation with which the applicant identifies:

                      (i)  a medical practitioner,

                     (ii)  a registered nurse,

                    (iii)  a nurse practitioner,

                    (iv)  a psychologist registered under the Psychologists Act, 2005 ,

                     (v)  a social worker registered under the Social Workers Act , or

                    (vi)  where the applicant resides outside the province, a person who is authorized in another province to practise and is practising a profession equivalent to that practised by a person referred to in subparagraphs (b)(i) to (v); and

             (c)  other documentary evidence the registrar general may require.

             (3)  Where a person has satisfied the requirements of this section, the registrar general may record the change of sex designation on the person’s birth registration.

             (4)  A birth certificate issued after recording a change under this section shall be issued as if the original registration had been made with the sex designation as changed.

             (5)  A person who has satisfied the requirements of this section may apply to the registrar general to record the change of sex designation on that person's marriage registration and the registrar general may, where the consent of the person’s spouse has been obtained, record the change of sex designation on the marriage registration.

2016 c3 s2

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Change of sex designation of a child

   26.1 (1) A parent of a child whose birth is registered in the province may apply to the registrar general to change the sex designation on his or her child’s birth registration.

             (2)  An application made under subsection (1) shall include

             (a)  a statutory declaration made by the applicant stating that the child has assumed, identifies with and intends to maintain the gender identity that corresponds with the requested sex designation;

             (b)  a statement from one of the persons referred to in subparagraphs 26(2)(b)(i) to (vi) who has treated, evaluated or consulted with the child that confirms that the sex designation requested by the applicant is consistent with the sex designation with which the child identifies;

             (c)  the written consent of the other parent registered on the child’s birth registration or, where there is no other parent registered on the child’s birth registration, confirmation that there are no legal proceedings ongoing in relation to the parentage or custody of the child;

             (d)  where the child is 12 years of age or older, the consent of the child;

             (e)  where the child is under 12 years of age, a statement from one of the persons referred to in subparagraphs 26(2)(b)(i) to (vi), other than the person who provided a statement under paragraph (b), who has treated, evaluated or consulted with the child that confirms that the sex designation requested by the applicant is consistent with the sex designation with which the child identifies; and

             (f)  other documentary evidence the registrar general may require.

             (3)  Where a parent of a child has satisfied the requirements of this section, the registrar general may record the change of sex designation on the child’s birth registration.

             (4)  Notwithstanding subsection (2), where an applicant does not fulfil the requirement in paragraph (2)(c), the registrar general may record the change of sex designation of the child on the child's birth registration where

             (a)  the applicant provides documentation satisfactory to the registrar general that

                      (i)  the applicant notified the other parent of the child's requested sex designation change and of the other parent's right to object to the change,

                     (ii)  the applicant has provided an affidavit of service showing that the other parent was personally served with the notice or provided documentation showing that the notice was sent to the other parent by registered mail and that the other parent received that notice, and

                    (iii)  30 days have elapsed since the other parent received the notice and that parent has not filed an objection to the sex designation change;

             (b)  the applicant provides documentation satisfactory to the registrar general that the other parent of the child is deceased; or

             (c)  the registrar general is directed to record the change of sex designation of the child on the child's birth registration by order of the court. 

             (5)  Where a custody order has been made in respect of a child, an application to change the sex designation of a child on the child's birth registration may be made by

             (a)  a manager of Child, Youth and Family Services where there is a continuous custody order;

             (b)  a manager of Child, Youth and Family Services with the consent of the parents where there is a temporary custody order; or

             (c)  where the custody of a child is given to a third party, that party, with the consent of the parents.

             (6)  Notwithstanding paragraphs (5)(b) and (c), the registrar general may dispense with the consent required under those paragraphs upon satisfactory proof that both parents of the child are deceased.

             (7)  Notwithstanding paragraphs (5)(b) and (c) and subsection (6), where one parent of the child is living, the consent of that parent is required.

             (8)  Notwithstanding subsections (2), (5) and (7), an applicant may make an application to the court to dispense with the consent of a parent required under those subsections and a judge, having regard to the best interests of the child, may dispense with the required consent.

             (9)  Where the applicant has sought the consent of a parent required under this section and that parent objects to the sex designation change and has refused to consent, the applicant may apply to the court for an order respecting the change of sex designation and the registrar general shall comply with that order.

          (10)  A birth certificate issued after recording a change under this section shall be issued as if the original registration had been made with the sex designation as changed.

          (11)  In this section, "child" means a person under the age of 16 years.

2016 c3 s2

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Fraudulent registration and birth certificates

      27. (1) Where the registrar general is satisfied that a registration was improperly or fraudulently made, the registrar general may order that a notation respecting the improper or fraudulent registration be made on that registration and order that every certificate issued with respect to that registration be delivered to him or her for cancellation.

             (2)  The registrar general shall, where he or she suspects an improper or fraudulent registration, or upon the application of a person, acquire or obtain evidence to that effect and that evidence may include a statutory declaration by an interested person.

             (3)  Where a notation has been made on a registration respecting improper or fraudulent registration under subsection (1), a further certificate shall not be issued with respect to that registration.

2009 cV-6.01 s27

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Correcting errors

      28. (1) Where, after a registration is received or made by the registrar general, it is reported that an error exists in the registration, the registrar general shall inquire into the matter and, upon the production of satisfactory evidence verified by statutory declaration, shall correct the error by recording the correction on the registration without altering the original entry.

             (2)  Where an application is made for a certificate after the correction of an error under subsection (1), the certificate shall be prepared as if the registration had been made containing the correct particulars at the time of registration.

2009 cV-6.01 s28

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Minor change in registration

      29. (1) The registrar general may, upon the application of

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

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

             (c)  both parties to a marriage registered under this Act

for a change in the spelling of a name as it appears in the birth or marriage registration, investigate the matter and where the registrar general is satisfied that the alteration is minor and shall not likely mislead anyone materially or adversely, take the action authorized under subsection (2).

             (2)  Where the registrar general is satisfied that the action is warranted under the authority of subsection (1), he or she may alter the registration of the birth or marriage by changing

             (a)  the spelling of the name of the person whose birth is registered under this Act; or

             (b)  the name of either or both of the parties to the marriage registered under this Act.

             (3)  A birth or marriage certificate issued after an alteration made under the authority of subsection (1) shall be issued as if the original registration had been made with the name changed.

2009 cV-6.01 s29

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Birth certificate

      30. (1) With respect to a birth that occurred 100 years ago or more, the registrar general may issue the following documents:

             (a)  a certificate of birth, only to a person referred to in paragraphs (2)(a) to (f); or

             (b)  a certified copy of the registration of the birth, to a person.

             (2)  With respect to a birth that occurred less than 100 years ago, the registrar general may issue a certificate of the birth or a certified copy of the registration of the birth only to the following persons:

             (a)  to a person who is 16 years of age or older whose birth is registered;

             (b)  to a person whose name appears as a parent on the registration of the birth only where

                      (i)  the child to whom the registration relates is less than 19 years of age, or

                     (ii)  the child to whom the registration relates is a mentally disabled person;

             (c)  to a person standing in the place of the parents of the child only where

                      (i)  the child to whom the registration relates is less than 19 years of age, or

                     (ii)  the child to whom the registration relates is a mentally disabled person;

             (d)  a person authorized in writing by a person referred to in paragraph (a) or subparagraph (b)(i) or (c)(i);

             (e)  a person or agency who or which requires it to comply with the Adoption Act, 2013 or the Children and Youth Care and Protection Act ; or

             (f)  a person ordered by a court to obtain it.

         (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 person’s birth only to

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

             (b)  the executor or administrator of the person’s 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.

             (3)  A certificate of birth shall be in the required form and shall contain the information required by the minister, including

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

             (b)  the date of the birth;

             (c)  the place of the birth;

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

             (e)  the date the birth was registered;

             (f)  the registration number; and

             (g)  the date of issuing of the birth certificate.

2009 cV-6.01 s30; 2009 c32 s5; 2013 cA-3.1 s88

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Marriage certificates

      31. (1) With respect to the registration of a marriage that occurred 75 years ago or more, the registrar general may issue the following documents:

             (a)  a certificate of marriage, only to a person referred to in paragraphs (2)(a) to (d); or

             (b)  a certified copy of the registration of the marriage, to a person.

             (2)  With respect to a marriage that occurred less than 75 years ago, the registrar general may issue a certificate of marriage, or a certified copy of the registration of the marriage, only to the following persons:

             (a)  a party to the marriage;

             (b)  where both parties to the marriage are dead,

                      (i)  a child of either party,

                     (ii)  a parent of either party, or

                    (iii)  the executor or administrator of the estate of either party;

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

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

             (3)  A certificate of marriage shall be in the required form and shall contain the information required by the minister, including

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

             (b)  the date of the marriage;

             (c)  the place where the marriage was performed;

             (d)  the date the marriage was registered;

             (e)  the registration number; and

             (f)  the date of issuance.

2009 cV-6.01 s31

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Death certificates

      32. (1) With respect to a registration of a death that occurred 50 years ago or more, the registrar general may issue a certificate of death or a certified copy of the registration of the death to a person.

             (2)  With respect to a death that occurred less than 50 years ago, the registrar general may issue a certificate of death to any person.

             (3)  A certificate of death shall be in the required form and shall contain the information required by the minister, including

             (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 marital status of the deceased at the time of death;

             (h)  the date of issuing of the death certificate; and

              (i)  the registration number.

             (4)  A certificate of death or certified copy of the registration of death shall not disclose a cause of death unless

             (a)  the document is issued under subsection (1); or

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

             (5)  With respect to a death that occurred less than 50 years ago, the registrar general may, with the written authorization of the minister, issue a certified copy or photographic print of the registration of death only to the following persons:

             (a)  a spouse, cohabiting partner, adult 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 paragraphs (a) or (b);

             (d)  a person who satisfies the registrar general that it is required for an application to disinter a body under the Exhumation Act ; or

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

2009 cV-6.01 s32

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No certificate issued

      33. (1) A certificate of birth or death shall not be issued with respect to a stillbirth.

             (2)  The registrar general may issue a certified copy or photographic print of the registration of a stillbirth or a record of search only to the following persons:

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

             (b)  an adult sibling of the stillborn child;

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

             (d)  a person who satisfies the registrar general that it is required to disinter a body under the Exhumation Act; or

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

2009 cV-6.01 s33

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Certified copy from church records

      34. On application, but subject to the limitations that apply to the issuing of certificates under sections 30 to 33, a person may obtain a certified copy of a record on file under this Act with respect to a baptism, marriage or burial.

2009 cV-6.01 s34

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Issuing of certificates

      35. (1) A certificate or certified copy issued under this Act shall be issued by the registrar general and a person, other than a person authorized to do so in this Act, shall not issue a document that purports, implies or is calculated to mislead the public that it is issued under this Act.

             (2)  A document issued under this Act under the signature of the registrar general or a person appointed under section 3 is valid notwithstanding that the registrar general or the person so appointed has ceased to hold office before the issuing of the certificate.

2009 cV-6.01 s35

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Proof

      36. A certificate or certified copy purporting to be issued under this Act is admissible in evidence in a court in the province as presumptive proof of the facts certified to be recorded, and it is not necessary to prove the signature or official position of the person by whom the certificate or certified copy is signed.

2009 cV-6.01 s36

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Appeal

      37. (1) Where an application for registration under this Act is refused by the registrar general, an application to vary that decision may be made within one year of the decision to the Trial Division and the court, where satisfied on the evidence, may make an order requiring the registrar general to accept the application and make the appropriate registration.

             (2)  Where an application for a certificate or search respecting the registration of a birth, stillbirth, marriage or death is refused by the registrar general, an application to vary that decision may, within one year of the decision, be made to the Trial Division, and the court, where 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 registrar general to issue the certificate or make the search.

             (3)  Where an order is made by the court under subsection (1) or (2), the court shall immediately send a copy of the order to the registrar general who shall comply with the order and attach the copy to the registration or certificate.

2009 cV-6.01 s37; 2013 c16 s25

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Publication of statistical information

      38. The registrar general may compile, publish and distribute the statistical information respecting the births, stillbirths, marriages, deaths, adoptions and changes of name registered during a period as he or she considers necessary and in the public interest.

2009 cV-6.01 s38

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Review of submitted information

      39. (1) The registrar general shall examine the original statements received from marriage licence issuers, clergy, marriage commissioners and funeral directors as required under this Act and where they are incomplete or unsatisfactory shall require further information necessary to make the record complete and satisfactory.

             (2)  All clergy, medical practitioners, nurse practitioners, marriage licence issuers, marriage commissioners, funeral directors and all persons having knowledge of the facts shall furnish the information they possess regarding a birth, marriage or death upon the demand of the registrar general, whether that demand is made in person, by mail or through another means.

2009 cV-6.01 s39

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Secrecy

      40. (1) The registrar general, or a person having access to information required by this Act shall not communicate or allow to be communicated to a person not entitled to it, information obtained under this Act, or allow a person not so entitled to inspect or have access to records containing information obtained under this Act.

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

             (3)  A person who wilfully violates this section is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000.

2009 cV-6.01 s40

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Release of information

      41. (1) The minister may enter into agreements respecting the sharing of information, including personal information, obtained under the authority of this Act.

             (2)  Notwithstanding another provision of this Act, the registrar general may release information, including personal information to

             (a)  the Newfoundland and Labrador Centre for Health Information in accordance with the Centre for Health Information Act and regulations made under that Act; or

             (b)  Statistics Canada .

             (3)  Notwithstanding another provision of this Act, the minister may, in his or her discretion, release bulk death information to those entities who, in the opinion of the minister, require that information.

             (4)  In this section

             (a)  "personal information" means personal information as defined in the Access to Information and Protection of Privacy Act, 2015 ; and

             (b)  "bulk death information" means information respecting the registration of the death of a person which would be released upon request under section 32.

2009 cV-6.01 s41; 2015 cA-1.2 s135

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Return of certificate

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

2009 cV-6.01 s42

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Fees and forms

      43. The minister may set fees and establish and require forms for the purpose and administration of this Act.

2009 cV-6.01 s43

PART VI
OFFENCE AND PENALTY

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False information

      44. A person who wilfully makes or causes to be made a false or misleading statement in an application, registration, statement, certificate, return or other document respecting 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 to both a fine and imprisonment.

2009 cV-6.01 s44

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False information re: registration in the province

      45. A person who wilfully makes or causes to be made a registration of a birth, marriage, death or stillbirth as having occurred in the province with respect to a person whose birth, marriage, death or stillbirth did not occur in the province 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 to both a fine and imprisonment.

2009 cV-6.01 s45

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False documents

      46. (1) A person shall not

             (a)  wilfully use or possess a false, fictitious or altered certificate, a 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 registrar general; or

             (b)  for an 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.

             (2)  A person who violates 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 to both a fine and imprisonment.

2009 cV-6.01 s46

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General penalty

      47. A person who fails to comply with or violates a provision of this Act 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, or imprisonment for a term of not more than one year, or to both a fine and imprisonment.

2009 cV-6.01 s47

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Consent to prosecution

      48. The consent of the minister is required to commence a prosecution under this Act.

2009 cV-6.01 s48

PART VII
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

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SNL1999 cA-2.1 Amdt.

      49. (1) Paragraph 2(u) of the Adoption Act is amended by deleting the reference "Vital Statistics Act " and substituting the reference "Vital Statistics Act, 2009 ".

             (2)  Subsection 31(3) of the Act is amended by deleting the reference "Vital Statistics Ac t" and substituting the reference "Vital Statistics Act, 2009 ".

2009 cV-6.01 s49

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SNL2004 cC-5.1 Amdt.

      50. Subparagraph 16(d)(v) of the Centre for Health Information Act is amended by deleting the reference "Vital Statistics Ac t" and substituting the reference "Vital Statistics Act, 2009 ".

2009 cV-6.01 s50

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RSNL1990 cC-13 Amdt.

      51. (1) Paragraph 11(3)(b) of the Children’s Law Act is amended by deleting the reference "Vital Statistics Act " and substituting the reference "Vital Statistics Act, 2009 ".

             (2)  Subsection 11(5) of the Act is amended by deleting the reference "Vital Statistics Ac t" and substituting the reference "Vital Statistics Act, 2009 ".

             (3)  Subsection 17(2) of the Act is amended by deleting the reference "Vital Statistics Ac t" and substituting the reference "Vital Statistics Act, 2009 ".

2009 cV-6.01 s51

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SNL1995 cF-6.1 Amdt.

      52. Subsection 10(4) of the Fatalities Investigations Act is repealed and the following substituted:

             (4)  When a medical examiner has investigated a death and has determined the manner and cause of death, he or she shall immediately complete the medical certificate portion of the death registration form in accordance with the Vital Statistics Act, 2009.

2009 cV-6.01 s52

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RSNL1990 cV-6 and CNLR 973/96 Rep.

      53. (1) The Vital Statistics Act is repealed.

             (2)  The Registration and Release of Information Regulations, Consolidated Newfoundland and Labrador Regulation 973/96, is repealed.

2009 cV-6.01 s53

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Commencement

      54. This Act comes into force on October 1, 2009 .

2009 cV-6.01 s54