2021 Bill 7

	7


First Session, 50th General Assembly 70 Elizabeth II, 2021
BILL 7
AN ACT TO AMEND THE VITAL STATISTICS ACT, 2009
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE SARAH STOODLEY Minister of Digital Government and Service Newfoundland and Labrador
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Vital Statistics Act, 2009 to

· allow the registrar general to issue birth, marriage or death certificates or certified copies of the registration of birth, marriage or death to designated agents;

· provide the Lieutenant-Governor in Council with the authority to make regulations prescribing the criteria for persons to be designated agents for the purposes of obtaining birth, marriage or death certificates or certified copies;

· provide that where one or both parties to a marriage are dead, the registrar general may issue a certificate of marriage or certified copy of registration of marriage to the child, parent or executor or administrator of the deceased party's estate, or to another relative of the deceased party where there is no child or parent; and

· remove the requirement for written approval of the minister to disclose a cause of death on a certificate or registration of death or to issue a certified copy of registration of death respecting a death occurring less than 50 years ago.

A BILL

AN ACT TO AMEND THE VITAL STATISTICS ACT, 2009

Analysis

1. S.2 Amdt.
Interpretation

2. S.30 Amdt.
Birth certificate

3. S.31 Amdt.
Marriage certificates

4. S.32 Amdt.
Death certificates

5. S.43.1 Added

Regulations

6. Commencement

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

SNL2009 cV-6.01
as amended

1. Section 2 of the Vital Statistics Act, 2009 is amended by adding immediately after paragraph (h) the following:

(h.1) "designated agent" means a person who meets the criteria prescribed in the regulations;

2. (1) Paragraph 30(2)(d) of the Act is repealed and the following substituted:

(d) a designated agent of a person referred to in paragraph (a), subparagraph (b)(i) or subparagraph (c)(i);

(2) Paragraph 30(2.1)(c) of the Act is repealed and the following substituted:

3. (1) Paragraph 31(2)(b) of the Act is repealed and the following substituted:

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

(i) a child of the deceased party,

(ii) a parent of the deceased party, or

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

(2) Paragraph 31(2)(c) of the Act is repealed and the following substituted:

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

(2.1) Notwithstanding paragraph (2)(b), where one or both of the parties to the marriage are dead and where there is no child or parent of the deceased party, the registrar general may issue a certificate of marriage, or a certified copy of the registration of the marriage, to another relative of the deceased party.

4. (1) Paragraph 32(4)(b) of the Act is repealed and the following substituted:

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

(2) Subsection 32(5) of the Act is repealed and the following substituted:

(5) With respect to a death that occurred less than 50 years ago, the registrar general may 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;

(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.

5. The Act is amended by adding immediately after section 43 the following:

Regulations

43.1 The Lieutenant-Governor in Council may make regulations

(a) prescribing the criteria for designated agents;

(b) defining a word or expression that is used but not defined in this Act; and

Commencement

6. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.