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AR 3/2012 VITAL STATISTICS INFORMATION REGULATION

(Consolidated up to 160/2016)

ALBERTA REGULATION 3/2012

Vital Statistics Act

VITAL STATISTICS INFORMATION REGULATION

Table of Contents

                1      Interpretation

Collection of Registration Information

                2      Completion of birth registration document

                3      Information required for birth registration document

                4      Birth registration document in respect of adoption

                5      Birth registration document in respect of surrogacy

                6      Non‑completion report

                7      Notice of birth or stillbirth

                8      Registration of birth after one year

                9      Information required for stillbirth registration document

              10      Medical certificate of stillbirth

              11      Conflicting information

              12      Interim medical certificate of stillbirth

              13      Registration of stillbirth after one year

              14      Information required for marriage registration document

              15      Registration of marriage after one year


              16      Information required for change of name

           16.1      Amendment of sex on a record of bith — eligibility to apply

           16.2      Amendment of sex on a record of birth — affidavit requirement

           16.3      Amendment of sex on a record of birth — medical information

           16.4      Registrar’s powers and duties

           16.5      Information required to amend sex on the record of
a subsisting marriage

              17      Information required for death registration document

              18      Information required for registration of death in respect of unidentified body

              19      Information required for registration of presumed death

              20      Registration of death after one year

              21      Medical certificate of death

              22      Conflicting information

Use and Disclosure of Information

              23      Application

              24      Birth certificate or certified copy of birth registration record

              25      Marriage certificate or certified copy of marriage registration record

              26      Death certificate or certified copy of death registration record

              27      Certified copy of stillbirth registration record

              28      Certified copy of medical certificate or interim medical certificate of stillbirth or death

              29      Certificate of change of name

              30      Search of registration records

              31      Release of information

              32      Translation

              33      Duties of researcher

              34      Expiry

              35      Coming into force

Interpretation

1(1)   In this Regulation,

                               (a)    “Act” means the Vital Statistics Act;

                              (b)    “full legal name” means

                                        (i)    in the case of a person born in Canada, the person’s name as shown on the birth registration document of that person, or

                                      (ii)    in the case of a person born outside Canada, the person’s name as shown on the documents under which the person was lawfully admitted to Canada;

                               (c)    “full name” means a person’s currently used first name and last name;

                              (d)    “place”, in the context of the place where an event occurred, means the municipal address and the name of the municipality where the event occurred, including the name of a hospital, church or other facility, if applicable, or, if the event did not occur in a municipality, as much information with respect to the location where the event occurred as possible, including the name of the closest municipality.

(2)  For the purposes of registration of the particulars of an event, the name of the place where an event occurred is the name by which the place was known at the time when the event occurred.

Collection of Registration Information

Completion of birth registration document

2(1)  In this section, “incapable” means unable because of death, mental or physical disability, absence from Alberta or otherwise.

(2)  For the purposes of this section, “mental disability”, in respect of a person, includes but is not limited to the status of being subject to a temporary or permanent guardianship order under the Adult Guardianship and Trusteeship Act.

(3)  Subject to this section, the birth registration document for a child born in Alberta must be completed and signed by the birth mother and other parent of the child and delivered to the Registrar.

(4)  If the father or other parent of the child is not known to or is unacknowledged by the birth mother of the child, the birth mother shall complete and sign the birth registration document and deliver it to the Registrar.

(5)  The particulars of the father or other parent of a child may be registered only if both the birth mother and the father or other parent sign the birth registration document.

(6)  If the birth mother is incapable of completing the birth registration document, it may be completed and delivered to the Registrar by either

                               (a)    the birth mother’s guardian, if one has been appointed under the Adult Guardianship and Trusteeship Act,

                              (b)    the birth mother’s agent, if one has been appointed under the Personal Directives Act, or

                               (c)    the birth mother’s parent or guardian, if the birth mother is a minor.

(7)  If a person referred to in subsection (6) is not available to complete and deliver the birth registration document on behalf of the birth mother, the document may be completed, subject to subsection (8), and delivered to the Registrar by a person who

                               (a)    has sufficient knowledge of the child’s birth to provide the information required under section 3, and

                              (b)    is

                                        (i)    either

                                              (A)    the biological father of the child, where the father makes an affidavit setting out the evidence required in support of a presumption of parentage under section 8 of the Family Law Act, or the other parent of the child determined in accordance with section 8.1 of the Family Law Act, or

                                              (B)    a person who has been granted a declaration of parentage under section 9 of the Family Law Act,

                                           or

                                      (ii)    if no person meets the qualifications set out in subclause (i)(A) or (B), a person who has been appointed guardian of the child pursuant to a guardianship order under section 23 of the Family Law Act.

(8)  A person who completes a birth registration document on behalf of the birth mother under subsection (6) or (7) shall provide a written explanation in the form of an affidavit as to why the birth mother is incapable of completing the birth registration document.

(9)  Where the birth mother is incapable of completing the birth registration document, information in respect of the biological father or other parent of the child may also be provided by a person who meets the requirements set out in subsection (7)(b)(i)(A) or (B).

(10)  If a birth takes place in a hospital as defined in section 1 of the Hospitals Act, the hospital administrator must use the administrator’s best efforts to ensure that a birth registration document is completed by the person responsible in accordance with this section and must ensure that it is delivered to the Registrar within 10 days from the date of birth.

(11)  If a birth registration document is incomplete, the hospital administrator must immediately notify the person who provided the partial information and use the administrator’s best efforts to ensure that the person provides the additional information necessary to complete the birth registration document and deliver it to the Registrar.

(12)  Where the hospital administrator is satisfied that a birth registration document will not be completed and delivered under subsection (3), (4), (6) or (7) in a timely manner, a non‑completion report explaining the reasons for the failure to complete the document must be completed and delivered to the Registrar by the hospital administrator within 10 days from the date of birth.

(13)  This section does not apply to a birth registration document completed in accordance with section 13, 14 or 16(1) or (2) of the Act.

(14)  For the purposes of section 8 of the Act, where the parents do not agree on the last name or names to be used for the child because the birth mother is incapable, the person who meets the requirements set out in subsection (7)(b)(i)(A) or (B) may choose the last name or names to be used for the registration of the child’s birth.

Information required for birth registration document

3(1)  The information that must be provided in respect of a child for the registration of the child’s birth within one year is as follows:

                               (a)    full name;

                              (b)    date and place of birth;

                               (c)    sex;

                              (d)    if the pregnancy resulted in the birth of more than one child, the number of children born and the order of birth of the child being registered.

(2)  The information that must be provided in respect of the birth mother for the registration of a child’s birth is as follows:

                               (a)    the birth mother’s full legal name;

                              (b)    subject to section 2(6) and (7), the birth mother’s signature.

(3)  Additional information that must be provided, if available, in respect of the birth mother is as follows:

                               (a)    date and place of birth;

                              (b)    age;

                               (c)    marital status;

                              (d)    current home telephone number;

                               (e)    currently used name;

                               (f)    current home address and mailing address, if different.

(4)  The information that must be provided in respect of the father or other parent of a child in respect of the registration of the child’s birth, if a father or other parent is listed on the birth registration document, is as follows:

                               (a)    full legal name;

                              (b)    sex;

                               (c)    either

                                        (i)    the signature of the father or other parent, or

                                      (ii)    an affidavit setting out the evidence required in support of a presumption of parentage under section 8 or 8.1 of the Family Law Act or a declaration of parentage under section 9 of the Family Law Act.

(5)  Additional information that must be provided, if available, in respect of the child’s father or other parent, if the father or other parent is listed on the birth registration document, is as follows:

                               (a)    date and place of birth;

                              (b)    currently used name;

                               (c)    age.

(6)  The information that must be provided in respect of a person who completes and signs the birth registration document on behalf of the birth mother under section 2(6) or (7) is as follows:

                               (a)    full name;

                              (b)    telephone number and other contact information;

                               (c)    relationship to the child, if any.

(7)  This section does not apply to the registration of the birth of a deserted unidentified newborn pursuant to section 13 of the Act or a birth registration document completed in accordance with section 14 or 16(1) or (2) of the Act.

Birth registration document in respect of adoption

4(1)  For the purposes of section 16(1) or (2) of the Act, the information that must be provided to the Registrar in respect of an adopted person is as follows:

                               (a)    the person’s full legal name as it should appear pursuant to the adoption order;

                              (b)    the person’s sex.

(2)  For the purposes of section 16(1) or (2) of the Act, the information that must be provided to the Registrar in respect of each of the person’s adoptive parent or parents is as follows:

                               (a)    the full legal name of the parent;

                              (b)    the currently used name of the parent, if different from (a);

                               (c)    the sex of the parent.

(3)  For the purposes of section 16(1) or (2) of the Act, the information that must be provided, if available, to the Registrar in respect of each of the person’s adoptive parent or parents is as follows:

                               (a)    the parent’s signature;

                              (b)    the parent’s date and place of birth;

                               (c)    the parent’s current home telephone number and mailing address.

Birth registration document in respect of surrogacy

5(1)  For the purposes of section 14 of the Act, the information that must be provided to the Registrar in respect of a surrogacy birth is as follows:

                               (a)    the child’s full legal name as it appears in the declaration of the court under section 8.2 of the Family Law Act;

                              (b)    the child’s sex;

                               (c)    the child’s date and place of birth as originally recorded.

(2)  For the purposes of section 14 of the Act, the information that must be provided to the Registrar in respect of a person who is declared to be a parent of the child by the Court under section 8.2(6) of the Family Law Act, and any person who as a result of that declaration is a parent of the child under section 8.1 of the Family Law Act, is as follows:

                               (a)    the full legal name of the parent;

                              (b)    the currently used name of the parent, if different;

                               (c)    the sex of the parent.

(3)  For the purposes of section 14 of the Act, the information that must be provided, if available, to the Registrar in respect of a surrogacy birth is as follows:

                               (a)    if the pregnancy resulted in the birth of more than one child, the number of children born and the order of birth of the child being registered;

                              (b)    the parent’s signature;

                               (c)    the parent’s date and place of birth;

                              (d)    the parent’s age at the time of the child’s birth;

                               (e)    the parent’s marital status;

                               (f)    the parent’s current home address, telephone number and mailing address, if different.

Non‑completion report

6   The information that must be provided, to the extent that it is available to the hospital administrator, in a non‑completion report for the purposes of sections 2(12) and 9(10) is as follows:

                               (a)    the birth mother’s full legal name or currently used name, if different;

                              (b)    the birth mother’s date of birth;

                               (c)    the birth mother’s current mailing address;

                              (d)    the child’s sex;

                               (e)    the child’s date and place of birth;

                               (f)    the name and address of the hospital;

                               (g)    the reason why the birth registration document or notice of birth has not been completed;

                              (h)    the reason why the birth registration document and notice of birth are not being sent to the Registrar together;

                               (i)    the name and contact information of the person providing the report;

                               (j)    the signature of the person referred to in clause (i).

Notice of birth or stillbirth

7(1)  The information that must be provided on a notice of birth or stillbirth, to the extent that it is known to the person completing the notice, is as follows:

                               (a)    the child’s date and place of birth or stillbirth;

                              (b)    the birth mother’s full legal name or currently used name, if different;

                               (c)    whether the pregnancy was a single or multiple pregnancy;

                              (d)    the birth order of the child, in the case of a multiple pregnancy;

                               (e)    whether the child was born alive or stillborn;

                               (f)    the child’s sex;

                               (g)    the type and name of attendant at the birth or stillbirth;

                              (h)    the name and contact information of the person completing the notice;

                               (i)    if the birth or stillbirth occurred outside a hospital, the attendant’s contact information and signature and relationship to the birth mother, if any.

(2)  In addition to the information required under subsection (1), the following information must be provided, if available, on a notice of birth or stillbirth:

                               (a)    the full legal name of the child;

                              (b)    the time of birth or stillbirth;

                               (c)    the gestational age and birth weight of the child;

                              (d)    the birth mother’s date of birth;

                               (e)    the birth mother’s marital status;

                               (f)    the birth mother’s current contact information;

                               (g)    the address to which the birth mother was discharged;

                              (h)    in the case of a birth, whether the child will be adopted;

                               (i)    the birth mother’s age;

                               (j)    the number of children born alive to the birth mother;

                              (k)    the number of children stillborn to the birth mother;

                               (l)    the father’s or other parent’s full legal name and date of birth.

Registration of birth after one year

8(1)  The information that must be provided in respect of the registration of a birth after one year from the date of birth is as follows:

                               (a)    the full name of the person;

                              (b)    the person’s sex;

                               (c)    the person’s date and place of birth;

                              (d)    whether the person is alive at the time of registration;

                               (e)    the birth mother’s full legal name;

                               (f)    the name and signature of the person registering the birth.

(2)  In addition to the information required under subsection (1),

                               (a)    the information in respect of a birth that is required, if available, under section 3(3) and (5),

                              (b)    the birth mother’s signature, and

                               (c)    the other parent’s signature, if the name of the other parent is to be recorded on the birth registration document,

must also be provided, if available, for the purpose of registering a birth under this section.

(3)  The signature of the person who provided the affidavit required for the purposes of section 6 of the Act must also be provided for the purpose of registering a birth under this section.

(4)  If the name of the other parent of the person whose birth is being registered is to be recorded on the birth registration document, the other parent’s full legal name and sex must be provided.

Information required for stillbirth registration document

9(1)  The information that must be provided in respect of a child for the registration within one year of the stillbirth of the child is as follows:

                               (a)    the full name of the child;

                              (b)    the date and place of stillbirth;

                               (c)    if the pregnancy resulted in the birth or stillbirth of more than one child, the number of children born or stillborn and the order of birth of the child being registered;

                              (d)    the sex of the child.

(2)  The information that must be provided in respect of the birth mother for the registration of the stillbirth of a child is as follows:

                               (a)    full legal name;

                              (b)    signature, subject to section 2(6) and (7).

(3)  Additional information that must be provided, if available, in respect of the birth mother of a stillborn child is as follows:

                               (a)    currently used name;

                              (b)    date and place of birth;

                               (c)    age;

                              (d)    marital status;

                               (e)    current home telephone number;

                               (f)    current mailing address and current home address, if different.

(4)  The information that must be provided in respect of a father or other parent for the registration of the stillbirth of a child, if a father or other parent is listed on the stillbirth registration document, is as follows:

                               (a)    full legal name;

                              (b)    sex;

                               (c)    either

                                        (i)    the signature of the father or other parent, or

                                      (ii)    an affidavit setting out the evidence required in support of a presumption of parentage under section 8 or 8.1 of the Family Law Act or a declaration of parentage under section 9 of the Family Law Act.

(5)  Additional information that must be provided, if available, in respect of the father or other parent, if the father or other parent is listed on the stillbirth registration document, is as follows:

                               (a)    date and place of birth;

                              (b)    age;

                               (c)    currently used name.

(6)  The information that must be provided in respect of a person who completes and signs a stillbirth registration document on behalf of the birth mother is as follows:

                               (a)    full name;

                              (b)    telephone number and other contact information;

                               (c)    relationship to the child, if any.

(7)  The information that must be provided in respect of the disposition of the remains of a stillborn child is as follows:

                               (a)    method of disposition;

                              (b)    proposed date of disposition;

                               (c)    name and address of the cemetery, crematorium or other place of disposition;

                              (d)    name, address and telephone number of the funeral home, hospital or person who will be in charge of the remains for the purpose of disposition;

                               (e)    the date on which the burial permit was issued;

                               (f)    the name and contact information of the person who issued the burial permit.

(8)  If a stillbirth takes place in a hospital as defined in section 1 of the Hospitals Act, the hospital administrator must use the administrator’s best efforts to ensure that a stillbirth registration document is completed in accordance with this section and delivered to the Registrar within 10 days of the date of stillbirth.

(9)  If a stillbirth registration document is incomplete, the hospital administrator must use the administrator’s best efforts to ensure the person responsible completes the stillbirth registration document and delivers it to the Registrar.

(10)  Where the hospital administrator is satisfied that a stillbirth registration document will not be completed and delivered in a timely manner, a non‑completion report explaining the reasons for the failure to complete the document must be completed and delivered to the Registrar by the hospital administrator within 10 days of the date of stillbirth.

Medical certificate of stillbirth

10(1)  The information that must be provided, if known, on a medical certificate of stillbirth is as follows:

                               (a)    the last name of the child;

                              (b)    the date and place where the stillbirth occurred;

                               (c)    the sex of the child;

                              (d)    the immediate and any antecedent or underlying causes or significant conditions contributing to the stillbirth;

                               (e)    whether an autopsy was performed and, if so, the particulars;

                               (f)    the name and medical designation of the attending physician or medical examiner;

                               (g)    the contact information of the attending physician or medical examiner;

                              (h)    the signature of the attending physician or medical examiner and the date on which the certificate was signed;

                               (i)    the given names of the child;

                               (j)    the manipulative, instrumental or other operative procedures used in the delivery;

                              (k)    whether the fetus was dead prior to the procedure referred to in clause (j);

                               (l)    the nature of the procedure;

                             (m)    whether the death occurred before or during labour;

                              (n)    whether labour was induced.

(2)  The medical certificate of stillbirth submitted to the Registrar must bear the original signature of the physician or medical examiner who completed it.

Conflicting information

11   Where the following information shown on the stillbirth registration document conflicts with the information shown on the medical certificate of stillbirth, the information on the medical certificate of stillbirth must be used to register the stillbirth:

                               (a)    the sex of the child;

                              (b)    the date and place of the stillbirth.

Interim medical certificate of stillbirth

12   The Registrar may register a stillbirth with an interim medical certificate of stillbirth that includes the information required under section 10(1)(a), (b), (c), (f), (g) and (h).

Registration of stillbirth after one year

13(1)  The information that must be provided in respect of the registration of a stillbirth after one year is as follows:

                               (a)    the last name of the child;

                              (b)    the sex of the child;

                               (c)    the date and place of the stillbirth;

                              (d)    the birth mother’s full legal name;

                               (e)    the name and signature of the person registering the stillbirth.

(2)  In addition to the information required under subsection (1), additional information required under section 9(4), where applicable, or section 9(3), (5) or (7), where available, must be provided.

(3)  Where the application for registration of a stillbirth is being made more than one year from the date of stillbirth, the person who signs the stillbirth registration document must also provide the affidavit required under section 6 of the Act in respect of the registration of a birth.

Information required for marriage registration document

14(1)  The information that must be provided respecting each of the parties to a marriage for the registration of the marriage within one year is as follows:

                               (a)    full legal name or currently used name, if different;

                              (b)    marital status at the time of issuance of the marriage licence;

                               (c)    sex;

                              (d)    date and place of birth;

                               (e)    signature.

(2)  Additional information that must be provided, if available, respecting each of the parties to the marriage is as follows:

                               (a)    parents’ full legal names;

                              (b)    parents’ places of birth;

                               (c)    religious denomination.

(3)  The information that must be provided in respect of each witness to a marriage for the registration of the marriage is as follows:

                               (a)    currently used name;

                              (b)    mailing address and telephone number;

                               (c)    signature.

(4)  The information required in respect of the solemnization of the marriage is as follows:

                               (a)    the date of the marriage;

                              (b)    the place where the marriage was solemnized;

                               (c)    the name and registration number of the person authorized under the Marriage Act to solemnize the marriage;

                              (d)    whether the person referred to in clause (c) is a marriage commissioner, a marriage registrar designated by a Local Spiritual Assembly of the Baha’i Faith or a member of the clergy, and if the person is a member of the clergy, the religious denomination to which the person belongs;

                               (e)    the signature of the person referred to in clause (c).

Registration of marriage after one year

15(1)  The information that must be provided for the registration of a marriage after one year is as follows:

                               (a)    the full legal name of each of the parties to the marriage, or the person’s currently used name, if different;

                              (b)    the date of the marriage;

                               (c)    the sex of each of the parties to the marriage;

                              (d)    the place where the marriage was solemnized;

                               (e)    the name and signature of the person registering the marriage.

(2)  In addition to the information required under subsection (1), the following information must also be provided, if available:

                               (a)    the marital status of each of the parties to the marriage at the time of issuance of the marriage licence;

                              (b)    the date and place of birth of each of the parties to the marriage;

                               (c)    the names and places of birth of the parents of each of the parties to the marriage;

                              (d)    the religious denomination of each of the parties to the marriage;

                               (e)    the currently used names of each of the witnesses at the time of the marriage;

                               (f)    the addresses of and other contact information for each of the witnesses;

                               (g)    the signatures of the witnesses;

                              (h)    the signature of the parties to the marriage;

                               (i)    the name, registration number and signature of the person who solemnized the marriage;

                               (j)    whether the person referred to in clause (i) was a marriage commissioner, a marriage registrar designated by a Local Spiritual Assembly of the Baha’i Faith or a member of the clergy and, if the person was a member of the clergy, the religious denomination to which the person belongs.

Information required for change of name

16(1)  The information that must be provided by an applicant for a change of name under Part 3 of the Act is the applicant’s

                               (a)    currently used name,

                              (b)    date and place of birth,

                               (c)    sex,

                              (d)    proof of identity that meets the requirements of section 15 of the Vital Statistics Ministerial Regulation,

                               (e)    current address and mailing address,

                               (f)    telephone number, and

                               (g)    signature.

(2)  In addition to the requirements of subsection (1), an applicant must also provide an affidavit confirming that the address in Alberta given by the applicant under subsection (1) is the applicant’s address.

(3)  Where the applicant referred to in subsection (1) is an employee of the Government of Alberta who is making the application in the applicant’s official capacity on behalf of another person whose name is to be changed,

                               (a)    subsection (2) does not apply to the applicant,

                              (b)    the information that must be provided in respect of the applicant is

                                        (i)    the information required under subsection (1)(a), (e), (f) and (g), and

                                      (ii)    the type and identification number of the applicant’s government‑issued identification,

                                  and

                               (c)    if the applicant is not applying in person, the applicant must submit a statutory declaration in the form established by the Registrar with respect to the applicant’s government‑issued identification.

(4)  The information that must be provided in respect of a person referred to in section 22(2) of the Act is

                               (a)    if the person whose name is to be changed is the applicant, in addition to the information required under subsection (1),

                                        (i)    proof of marital status of the person that meets the requirements of section 17 of the Vital Statistics Ministerial Regulation,

                                      (ii)    a record of the person’s fingerprints taken by a law enforcement agency in accordance with section 24(2)(j) of the Act,

                                     (iii)    certificates that show all previous changes of name of the person,

                                     (iv)    the name being applied for, and

                                       (v)    the person’s full legal name and any other name by which the person is known,

                                  and

                              (b)    if the person whose name is to be changed is not the applicant,

                                        (i)    the information required under clause (a) as it relates to the person whose name is to be changed,

                                      (ii)    the person’s full legal name and any other name by which the person is known,

                                     (iii)    the person’s address and telephone number,

                                     (iv)    the person’s sex,

                                       (v)    the date and place of birth of the person,

                                     (vi)    proof of the person’s relationship to the applicant,

                                    (vii)    the person’s consent in the form established by the Registrar to the change of name, and

                                   (viii)    the person’s signature.

(5)  The information that must be provided in respect of a child whose name is to be changed pursuant to an application under Part 3 of the Act is

                               (a)    the child’s full legal name and any other names by which the child is known,

                              (b)    the date on which and the place where the child was born,

                               (c)    the child’s address,

                              (d)    the child’s sex,

                               (e)    where the child is 12 years of age or older, a record of the child’s fingerprints taken by a law enforcement agency in accordance with section 24(2)(j) of the Act,

                               (f)    the names of the persons listed as parents on the child’s birth registration document,

                               (g)    the name being applied for,

                              (h)    if the child is 12 years of age or older, the child’s signature as it currently appears and the child’s consent in the form established by the Registrar to change the name, and

                               (i)    certificates that show all previous changes of name of the child.

(6)  The information that must be provided in respect of a person whose consent to a change of name is required for the purposes of an application under Part 3 or Part 4 of the Act is

                               (a)    the person’s full name,

                              (b)    the person’s current mailing address and telephone number,

                               (c)    proof of the person’s relationship to the person for whom consent to the change of name is being provided,

                              (d)    the person’s signature,

                               (e)    the full name, address and telephone number of the person who witnessed the signing of the consent form and the relationship of the witness to the person giving consent, if any, and

                               (f)    the signature of the witness.

(7)  A person may not be a witness for the purposes of subsection (6) if

                               (a)    the person is named on the document to be registered,

                              (b)    the person’s consent is also required for the registration of the document,

                               (c)    the person is under the age of 18 years, or

                              (d)    in the opinion of the Registrar, acting as a witness would involve the person in a conflict of interest.

Amendment of sex on a record of birth — eligibility to apply

16.1(1)  For the purposes of section 30(1.1) of the Act, a person may apply to amend the sex on a record of birth that is registered in Alberta if

                               (a)    the person is at least 18 years of age and is applying to amend the sex on his or her own record of birth,

                              (b)    the person is less than 18 years of age, but is married or an adult independent partner or is a parent or guardian of a minor, and is applying to amend the sex on his or her own record of birth,

                               (c)    the person is a parent or guardian of a minor applying to amend the sex on the minor’s record of birth, or

                              (d)    the person is applying to amend the sex on a minor’s record of birth and there is a court order under section 69 of the Act dispensing with the parents’ and guardians’ consents referred to in subsections (2) and (3).

(2)  The consent of both parents listed on the minor’s record of birth is required for an application under subsection (1)(c) unless

                               (a)    where the applicant is a parent,

                                        (i)    the applicant makes an affidavit stating that the applicant is the sole guardian, or that there are no other guardians by operation of section 20 of the Family Law Act, of the minor, or

                                      (ii)    there is a court order that gives sole guardianship to that parent or that states that the other parent is no longer a guardian,

                              (b)    there is a court order that appoints guardians in lieu of the parents, in which case the consent of those guardians is required and the parents’ consent is not required, or

                               (c)    there is a court order under section 69 of the Act dispensing with consents of the parents or guardians who do not consent.

(3)  Where there is a court order that appoints guardians in addition to the parents, the consent of those guardians to an application under subsection (1)(c) is also required unless there is a court order under section 69 of the Act dispensing with the consents of those guardians.

(4)  A parent’s or guardian’s consent referred to in subsection (2) or (3) must include the following information:

                               (a)    the parent’s or guardian’s full name;

                              (b)    the parent’s or guardian’s current mailing address and telephone number;

                               (c)    the parent’s or guardian’s signature;

                              (d)    the date on which the parent or guardian signed the consent, which must be within one year of the date of the application;

                               (e)    the full name, address and telephone number of an adult who witnessed the parent or guardian signing the consent and the relationship of the witness to the parent or guardian giving consent, if any;

                               (f)    the signature of the witness.

(5)  Where an application under subsection (1) is in respect of a minor who is 12 years of age or over, and who is not the applicant, the minor’s consent is required unless there is a court order under section 69 of the Act dispensing with the consent of the minor.

(6)  The consent referred to in subsection (5) must include the following information:

                               (a)    the minor’s full name;

                              (b)    the minor’s signature;

                               (c)    the date on which the minor signed the consent, which must be within one year of the date of the application;

                              (d)    the full name, address and telephone number of an adult who witnessed the minor signing the consent and the relationship of the witness to the minor, if any;

                               (e)    the signature of the witness.

(7)  A witness referred to in subsection (4) or (6) must be at least 18 years of age and cannot be the applicant or a parent or guardian of the minor.

AR 20/2015 s2

Amendment of sex on a record of birth — affidavit requirement

16.2   An application under section 16.1 must include an original affidavit executed by the applicant, setting out the following information about the person whose record of birth is to be amended:

                               (a)    the person’s name as it appears on the record of birth and any other name used;

                              (b)    the person’s date of birth;

                               (c)    the amendment to the sex on the record of birth that is requested;

                              (d)    a statement confirming that the person identifies with and is maintaining the gender identity that corresponds with the requested amendment to the sex on the record of birth.

AR 20/2015 s2

Amendment of sex on a record of birth — medical information

16.3(1)  In addition to the original affidavit referred to in section 16.2, an application must include a statement containing the information required by this section from one of the following medical professionals:

                               (a)    a regulated member of the College of Physicians and Surgeons of Alberta under the Health Professions Act who holds a practice permit issued under that Act;

                              (b)    a regulated member of the College of Alberta Psychologists under the Health Professions Act who holds a practice permit issued under that Act;

                               (c)    a person who is practising and who is authorized in a jurisdiction other than Alberta to practise a health profession equivalent to that practised by a person referred to in clause (a) or (b).

(2)  The statement

                               (a)    must be provided as an original document signed by the medical professional, and

                              (b)    must include

                                        (i)    the medical professional’s name, address, telephone number and any other available contact information,

                                      (ii)    the medical professional’s practice permit, licence or reference number or equivalent identifier for professional licensing purposes, and

                                     (iii)    the date on which the medical professional signed the statement, which must be within one year of the date of the application.

(3)  The statement must set out

                               (a)    the name and date of birth of the person whose record of birth is to be amended, and

                              (b)                      the medical professional’s confirmation that

                                        (i)    the medical professional meets the requirement of subsection (1),

                                      (ii)    the medical professional has treated, evaluated or consulted with the applicant, and

                                     (iii)    in the professional opinion of the medical professional, the person whose record of birth is to be amended identifies with and is maintaining the gender identity that corresponds with the requested amendment to the sex on the record of birth.

AR 20/2015 s2

Registrar’s powers and duties

16.4(1)  On receipt of an application for amendment to the sex on a record of birth and of the documents required to be filed with it and payment of the prescribed fee the Registrar shall, if satisfied that the Act and Regulation have been complied with, amend the sex on the record of birth accordingly.

(2)  The Registrar may require any applicant or person to return to the Registrar any previously issued birth certificate or certified copies of the record of birth in the applicant’s or the person’s possession.

AR 20/2015 s2

Information required to amend sex on the record of
a subsisting marriage

16.5(1)  For the purposes of section 30(1.1) of the Act, a person applying to amend the sex on a record of birth under section 16.1, or whose record of birth has been amended in accordance with section 16.4, may request that the sex on the record of a subsisting marriage be amended.

(2)  The following information must be provided in respect of the other party to the marriage, whose consent to an amendment to the sex on the applicant’s record of a subsisting marriage registered in Alberta is required:

                               (a)    the other party’s full name;

                              (b)    the other party’s current mailing address and telephone number;

                               (c)    the other party’s signature;

                              (d)    the date on which the other party signed the consent, which must be within one year of the date of the application;

                               (e)    the full name, address and telephone number of an adult who witnessed the other party signing the consent and the relationship of the witness to the other party giving consent, if any;

                               (f)    the signature of the witness.

(3)  The witness referred to in subsection (2) must be at least 18 years of age and cannot be the applicant or the other party.

(4)  On receipt of a request for amendment to the sex on the record of a subsisting marriage and of the documents required to be filed with it and payment of the prescribed fee the Registrar shall, if satisfied that the Act and Regulation have been complied with, amend the sex on the record of the subsisting marriage accordingly.

(5)  The Registrar may require any person to return to the Registrar any previously issued marriage certificate or certified copies of the record of marriage in the person’s possession.

AR 20/2015 s2

Information required for death registration document

17(1)  The information that must be provided in respect of a deceased person for the registration of the death of the person within one year is as follows:

                               (a)    the full legal name of the deceased or the name used by the deceased immediately prior to death, if different;

                              (b)    the sex of the deceased;

                               (c)    the age of the deceased at the time of death;

                              (d)    the date and place of death;

                               (e)    the name, address and telephone number of the person who is providing the information for registration of the death and the person’s relationship to the deceased, if any.

(2)  Additional information that must be provided, if available, respecting the deceased person is as follows:

                               (a)    the deceased’s date and place of birth;

                              (b)    the full legal names and places of birth of the deceased’s parents, if known;

                               (c)    the deceased’s occupation and type of business prior to death;

                              (d)    the deceased’s marital status;

                               (e)    whether the deceased was an adult interdependent partner at the time of death;

                               (f)    the name of the deceased’s spouse or adult interdependent partner, if any;

                               (g)    the deceased’s usual permanent residence prior to death;

                              (h)    the deceased’s Alberta personal health number;

                               (i)    the deceased’s social insurance number;

                               (j)    the deceased’s Alberta driver’s licence number or identification card number, if any.

(3)  The information that must be provided for the registration of a death in respect of the disposition of the remains of the deceased person is as follows:

                               (a)    method of disposition;

                              (b)    proposed date of disposition;

                               (c)    name and address of the cemetery, crematorium or other place of disposition;

                              (d)    name, address and telephone number of the funeral home, hospital or person who will be in charge of the remains for the purpose of disposition;

                               (e)    name and contact information of the person who issued the burial permit in respect of the deceased person and the date on which it was issued.

Information required for registration of death in respect of unidentified body

18(1)  In the case of an unidentified body, the information that must be provided for the registration of the death is the following information as it appears on the medical certificate of death:

                               (a)    the sex and age of the body;

                              (b)    the date of death;

                               (c)    the place where the death occurred;

                              (d)    the name, address and telephone number of the person who is providing the information for registration of the death.

(2)  The information that must be provided for the registration of a death in respect of the disposition of the remains of an unidentified body is as follows:

                               (a)    method of disposition;

                              (b)    proposed date of disposition;

                               (c)    name and address of the cemetery, crematorium or other place of disposition;

                              (d)    name, address and telephone number of the funeral home, hospital or person who will be in charge of the remains for the purpose of disposition;

                               (e)    name and contact information of the person who issued the burial permit in respect of the unidentified body and the date on which it was issued.

Information required for registration of presumed death

19(1)  In the case where the death of a person is presumed, the information that must be provided for the registration of the death is the information set out in the court order that declares or decrees that the death is presumed to have occurred.

(2)  In addition to the information required under subsection (1), the information under section 17(1) and (2) must also be provided, if known, in respect of a person who is presumed to be deceased.

(3)  Section 17(3) does not apply in the case of a presumed death.

Registration of death after one year

20(1)  The information that must be provided in respect of a deceased person for the registration of the death of the person after one year is as follows:

                               (a)    the full legal name or the name used by the deceased immediately prior to death, if different;

                              (b)    the date of death;

                               (c)    the place where the death occurred;

                              (d)    the sex and age of the deceased;

                               (e)    the name and contact information of the person who completed the form.

(2)  In addition to the information required under subsection (1), the information that must be provided under section 17(2) or (3) must also be provided, if available.

(3)  The affidavit required for the purposes of section 35(b) of the Act may be provided by anyone with personal knowledge of the facts.

(4)  The person who signs the affidavit referred to in subsection (3) must also be recorded as the informant for the purposes of subsection (1)(e).

(5)  This section does not apply to the registration of a death in respect of an unidentified body under section 18 or the registration of a presumed death under section 19.

Medical certificate of death

21(1)  Subject to subsection (2), the information in respect of a deceased person that must be provided, to the extent that it is known, on the medical certificate of death is as follows:

                               (a)    the full legal name or currently used name of the deceased;

                              (b)    the deceased’s Alberta Personal Health Number;

                               (c)    the date and place of death;

                              (d)    the sex and age of the deceased;

                               (e)    the immediate cause of death and any antecedent or underlying causes or significant conditions that contributed to the death of the deceased;

                               (f)    the manner of death, including

                                        (i)    whether the death occurred as the result of an accident, suicide or homicide or is undetermined, unclassified or pending investigation,

                                      (ii)    the place where and the date on which the injury or incident that resulted in the death occurred, and

                                     (iii)    a description of the circumstances of the injury or incident;

                               (g)    whether an autopsy was performed and, if so, the particulars of the autopsy, including whether further information about the cause of death will be available at a later date;

                              (h)    whether the death occurred during or within 90 days following a pregnancy;

                               (i)    whether the death occurred within 10 days of a surgical operation and, if so, the operative findings;

                               (j)    the name of the attending physician or medical examiner, if applicable;

                              (k)    the date on which the attending physician last attended the deceased before death;

                               (l)    whether the attending physician or medical examiner viewed the body after death;

                             (m)    whether notification to the medical examiner is required;

                              (n)    the signature of the physician or medical examiner who completed the medical certificate of death;

                              (o)    the date on which the attending physician or medical examiner, as the case may be, completed the medical certificate of death;

                              (p)    the mailing address and business telephone number of the attending physician or medical examiner.

(2)  The medical certificate of death submitted to the Registrar must bear the original signature of the physician or medical examiner who completed it.

Conflicting information

22   Where the following information in respect of a deceased person shown on a death registration document conflicts with the information shown on the medical certificate of death, the information shown on the medical certificate of death shall be used to register the death of the deceased person:

                               (a)    the sex of the deceased;

                              (b)    the date or place of death of the deceased.

Use and Disclosure of Information

Application

23(1)   The information to be provided by an applicant for information, records or services under sections 46 to 50 of the Act is

                               (a)    the applicant’s full name,

                              (b)    the applicant’s mailing address and telephone number,

                               (c)    the purpose of the application,

                              (d)    the relationship, if any, of the applicant to the person to whom the record applies,

                               (e)    proof of identity that meets the requirements of section 15 of the Vital Statistics Ministerial Regulation, and

                               (f)    the date and the signature of the applicant.

(2)  A person who wishes to apply for information, records or services under the Act may by consent designate an individual as an agent to make the application on that person’s behalf if the designated agent

                               (a)    is 18 years of age or older, and

                              (b)    has known the person for at least one year.

(3)  Notwithstanding subsection (2)(b), the Registrar may accept an application by a designated agent who has known the person for less than one year where the Registrar is satisfied that

                               (a)    the consent is otherwise valid, and

                              (b)    the application meets the requirements of this section.

(4)  Consent for the purposes of this section must

                               (a)    be in the form established by the Registrar,

                              (b)    must contain

                                        (i)    the full name, address and telephone number of the applicant giving the consent,

                                      (ii)    the signature of the applicant,

                                     (iii)    the name of the designated agent to whom consent is being given,

                                     (iv)    the address and telephone number of the designated agent, and

                                       (v)    the length of time the designated agent has known the applicant,

                                  and

                               (c)    be surrendered at the time of making the application.

(5)  The designated agent must at the time of making the application

                               (a)    sign the application for the information, record or service,

                              (b)    provide proof of identity that meets the requirements of section 15(1) or (2) of the Vital Statistics Ministerial Regulation,

                               (c)    provide a statutory declaration in the form established by the Registrar in accordance with subsection (6) or (7), and

                              (d)    produce the original signed consent form.

(6)  If the designated agent makes the application in person, the statutory declaration referred to in subsection (5) must contain

                               (a)    the full name of the designated agent,

                              (b)    the address and telephone number of the designated agent,

                               (c)    the full name of the person on whose behalf the application is being made, and

                              (d)    the length of time the designated agent has known the person.

(7)  If the designated agent makes the application by mail, the statutory declaration referred to in subsection (5) must, in addition to the information set out in subsection (6)(a) to (d), meet the requirements set out in section 15(3) of the Vital Statistics Ministerial Regulation.

Birth certificate or certified copy of birth
registration record

24(1)  Subject to subsection (2), the following persons may apply to the Registrar in the form established by the Registrar for a birth certificate or a certified copy of a birth registration record of a person:

                               (a)    the person whose birth was registered by the birth registration record;

                              (b)    a person who is named on the birth registration record of the person referred to in clause (a) as a parent of that person;

                               (c)    a person who is named as a parent of the person referred to in clause (a) in a declaration of parentage made pursuant to section 8.2 or 9 of the Family Law Act;

                              (d)    a person who is named as a parent of the person referred to in clause (a) in an order respecting parentage that is substantially equivalent to a declaration of parentage under the Family Law Act that was made by a Canadian court under an enactment of another province or territory;

                               (e)    a person who is designated by the personal directive of the person referred to in clause (a) as that person’s agent;

                               (f)    a person who is in the process of adopting the person referred to in clause (a), as shown in a petition for adoption filed in accordance with the Adult Adoption Act, the Child, Youth and Family Enhancement Act or an enactment respecting adoption of another jurisdiction;

                               (g)    a person who is, pursuant to an enactment or a court order, the guardian or trustee of a person referred to in clause (a) or (b), if the making of the application is consistent with the authority granted to the guardian or trustee;

                              (h)    a person who holds a power of attorney to act on behalf of a person referred to in clause (a) or (b), if the making of the application is consistent with the powers and duties of the attorney conferred by the power of attorney;

                               (i)    a lawyer who has been retained by a person referred to in clauses (a) to (h) or (k) to provide legal services to that person, if the information is required for the provision of those legal services;

                               (j)    the designated agent of a person referred to in clauses (a) to (h), on providing the person’s consent in the form established by the Registrar;

                              (k)    a person authorized by an order of a court in Alberta to make the application;

                               (l)    a person who requires the certificate or certified copy for the purposes of complying with another enactment;

                             (m)    if the person referred to in clause (a) is deceased,

                                        (i)    the executor, personal representative or administrator of the deceased’s estate, or the Public Trustee for the purpose of complying with Part 2, Division 2 of the Public Trustee Act, or

                                      (ii)    an adult who is the next of kin, as defined in the Fatality Inquiries Act, of the deceased;

                              (n)    where there is no person referred to in clause (m)(ii) living and no person eligible to apply in accordance with clauses (a) to (m)(i), an adult relative of the person referred to in clause (a);

                              (o)    where there is no person authorized under clauses (a) to (n), any person who by affidavit satisfies the Registrar of that fact and that the certificate or certified copy is required;

                              (p)    any person affiliated with a police service or law enforcement agency who by affidavit satisfies the Registrar that the certificate or certified copy is required.

(2)  Where the person referred to in subsection (1)(a) is a child

                               (a)    younger than the age of 12, the application must be made on behalf of the child by a parent or guardian of the child,

                              (b)    between the ages of 12 and 14, the child may make the application with the consent of the child’s parent or guardian in the form established by the Registrar, and

                               (c)    older than the age of 14, the child may make the application on his or her own behalf.

(3)  An applicant must provide proof acceptable to the Registrar that the applicant meets the applicable criteria set out in subsection (1)(a) to (p) or (2).

Marriage certificate or certified copy of marriage
registration record

25(1)  The following persons may apply to the Registrar in the form established by the Registrar for a marriage certificate or a certified copy of a marriage registration record:

                               (a)    either of the persons whose names appear on the marriage registration record as the parties to the marriage;

                              (b)    a person who is, pursuant to an enactment or a court order, the guardian or trustee of a person referred to in clause (a), if the making of the application is consistent with the authority granted to the guardian or trustee;

                               (c)    a person who holds a power of attorney to act on behalf of a person referred to in clause (a), if the making of the application is consistent with the powers and duties of the attorney conferred by the power of attorney;

                              (d)    the designated agent of a person referred to in clauses (a) to (c), on providing the person’s consent in the form established by the Registrar;

                               (e)    a lawyer who has been retained by a person referred to in clauses (a) to (c), (f) or (g) to provide legal services to that person, if the information is required for the provision of those legal services;

                               (f)    a person who is designated by the personal directive of a person referred to in clause (a) as that person’s agent;

                               (g)    a person authorized by an order of a court in Alberta to make the application;

                              (h)    if a person referred to in clause (a) is deceased,

                                        (i)    the executor, personal representative or administrator of the deceased’s estate, or the Public Trustee for the purpose of complying with Part 2, Division 2 of the Public Trustee Act, or

                                      (ii)    an adult who is the next of kin, as defined in the Fatality Inquiries Act, of the deceased;

                               (i)    where there is no person referred to in clause (h)(ii) living and no person eligible to apply in accordance with clauses (a) to (h)(i), an adult relative of a person referred to in clause (a);

                               (j)    where there is no person authorized under clauses (a) to (i), any person who by affidavit satisfies the Registrar of that fact and that the certificate or certified copy is required;

                              (k)    any person affiliated with a police service or law enforcement agency who by affidavit satisfies the Registrar that the certificate or certified copy is required.

(2)  An applicant must provide proof acceptable to the Registrar that the applicant meets the applicable criteria set out in subsection (1)(a) to (k).

Death certificate or certified copy of death
registration record

26(1)  The following persons may apply to the Registrar in the form established by the Registrar for a death certificate or a certified copy of a death registration record:

                               (a)    the executor, personal representative or administrator of the deceased’s estate, or the Public Trustee for the purpose of complying with Part 2, Division 2 of the Public Trustee Act;

                              (b)    an adult who is the next of kin, as defined in the Fatality Inquiries Act, of the deceased, including a minor who is a parent, spouse or adult interdependent partner of the deceased;

                               (c)    a person who immediately before the deceased’s death was, pursuant to an enactment or a court order, the guardian or trustee of the deceased, if the making of the application is consistent with the authority granted to the guardian or trustee;

                              (d)    a person authorized by an order of a court in Alberta to make the application;

                               (e)    a person who was, immediately before the deceased’s death, a joint tenant with the deceased, on providing a certified copy of the title to the property that shows the joint tenancy;

                               (f)    the designated agent of a person referred to in clauses (a) to (c), on providing the person’s consent in the form established by the Registrar;

                               (g)    where there is no person referred to in clause (b) living and no person eligible to apply in accordance with clauses (a) to (d), an adult relative of the deceased;

                              (h)    if the Registrar considers it appropriate,

                                        (i)    a former spouse or former adult interdependent partner of the deceased, or

                                      (ii)    a government agency or other organization that provides benefits to survivors or beneficiaries of the deceased;

                               (i)    a representative of the funeral home that makes the arrangements for the disposition of the deceased’s body, at the time of disposition;

                               (j)    a lawyer who has been retained by a person referred to in clauses (a) to (e), (g) or (h) to provide legal services to that person, if the information is required for the provision of those legal services;

                              (k)    any person affiliated with a police service or law enforcement agency who by affidavit satisfies the Registrar that the certificate or certified copy is required.

(2)  An applicant must provide proof acceptable to the Registrar that the applicant meets the applicable criteria set out in subsection (1)(a) to (k).

Certified copy of stillbirth registration record

27(1)  The following persons may apply to the Registrar in the form established by the Registrar for a certified copy of a stillbirth registration record:

                               (a)    an adult who is the next of kin, as defined in the Fatality Inquiries Act, of the stillborn child, including a minor who is a parent of the deceased;

                              (b)    where there is no person referred to in clause (a) living, an adult relative of the stillborn child;

                               (c)    the designated agent of a person referred to in clause (a) or (b), on providing the person’s consent in the form established by the Registrar;

                              (d)    a person who has been authorized by an order of a court in Alberta to apply;

                               (e)    a representative of the funeral home that makes the arrangements for the disposition of the stillborn child’s body, at the time of disposition;

                               (f)    where there is no person authorized under clauses (a) to (e), any person who by affidavit satisfies the Registrar of that fact and that the certified copy of the stillbirth registration record is required;

                               (g)    a lawyer who has been retained by a person referred to in clause (a), (c), (d) or (f) to provide legal services to that person, if the information is required for the provision of those legal services;

                              (h)    any person affiliated with a police service or law enforcement agency who by affidavit satisfies the Registrar that the certificate or certified copy is required.

(2)  An applicant must provide proof acceptable to the Registrar that the applicant meets the applicable criteria set out in subsection (1)(a) to (h).

Certified copy of medical certificate or interim
medical certificate of stillbirth or death

28(1)  The following persons may apply to the Registrar in the form established by the Registrar for a certified copy of a medical certificate or interim medical certificate of stillbirth or death:

                               (a)    an adult person who is the next of kin, as defined in the Fatality Inquiries Act, of the stillborn child or deceased person, including a minor who is a parent of the stillborn child or deceased person or a spouse or adult interdependent partner of the deceased;

                              (b)    the designated agent of a person referred to in clause (a), on providing the person’s consent in the form established by the Registrar;

                               (c)    a person who has been authorized by an order of a court in Alberta to apply;

                              (d)    a person who by affidavit satisfies the Registrar that the certified copy of the medical certificate or interim medical certificate of stillbirth or death is required to accompany an application for a burial permit or disinterment permit or for the purpose of transporting the body of the stillborn child or deceased person;

                               (e)    a lawyer who has been retained by a person referred to in clause (a), (c) or (d) to provide legal services to that person, if the information is required for the provision of those legal services;

                               (f)    any person affiliated with a police service or law enforcement agency who by affidavit satisfies the Registrar that the certificate or certified copy is required.

(2)  An applicant must provide proof acceptable to the Registrar that the applicant meets the applicable criteria set out in subsection (1)(a) to (f).

Certificate of change of name

29(1)   The following persons may apply to the Registrar in the form established by the Registrar for a certificate in respect of a change of name:

                               (a)    the person whose name was changed;

                              (b)    the person who applied for the change of name;

                               (c)    a person who is, pursuant to an enactment or a court order, the guardian or trustee of the person referred to in clause (a), if the making of the application is consistent with the authority granted to the guardian or trustee;

                              (d)    where the person whose name was changed is a minor,

                                        (i)    a parent of the person who is listed on the person’s birth registration document,

                                      (ii)    the guardian or trustee of the person’s parent,

                                     (iii)    a person to whom the person’s parent has given power of attorney,

                                     (iv)    a person who is named as a parent of the person in a declaration of parentage made pursuant to section 8.2 or 9 of the Family Law Act, or

                                       (v)    a person who is named as a parent of the person in an order respecting parentage that is substantially equivalent to a declaration of parentage under the Family Law Act that was made by a Canadian court under an enactment of another province or territory;

                               (e)    the designated agent of a person referred to in clauses (a) to (d), on providing the person’s consent in the form established by the Registrar;

                               (f)    a person who holds a power of attorney to act on behalf of a person referred to in clause (a), if the making of the application is consistent with the powers and duties of the attorney conferred by the power of attorney;

                               (g)    a person authorized by an order of a court in Alberta to make the application;

                              (h)    if the person referred to in clause (a) is deceased, the executor, personal representative or administrator of the deceased person’s estate, or the Public Trustee for the purpose of complying with Part 2, Division 2 of the Public Trustee Act;

                               (i)    any person affiliated with a police service or law enforcement agency who by affidavit satisfies the Registrar that the certificate or certified copy is required.

(2)  An applicant must provide proof acceptable to the Registrar that the applicant meets the applicable criteria set out in subsection (1)(a) to (i).

Search of registration records

30(1)  The information to be provided by an applicant for a search of a registration record is,

                               (a)    in respect of a birth,

                                        (i)    the full legal name of the person,

                                      (ii)    the date on which and the place where the birth occurred, including the name of the hospital, if applicable,

                                     (iii)    the sex of the person, and

                                     (iv)    the full legal names and places of birth of the person’s parents, and any other names the person’s parents may have been known by,

                              (b)    in respect of a stillbirth,

                                        (i)    the full legal name of the stillborn child,

                                      (ii)    the date on which and the place where the stillbirth occurred, including the name of the hospital, if applicable,

                                     (iii)    the sex of the stillborn child, and

                                     (iv)    the full legal names and places of birth of the stillborn child’s parents, and any other names the stillborn child’s parents may have been known by,

                               (c)    in respect of a marriage,

                                        (i)    the full legal names of the spouses and any other names the spouses may have been known by,

                                      (ii)    the sex of each of the spouses,

                                     (iii)    the places of birth of the spouses, and

                                     (iv)    the date on which and the place where the marriage took place,

                                  and

                              (d)    in respect of a death,

                                        (i)    the full legal name of the deceased, including the last name of the deceased used immediately prior to death, if different,

                                      (ii)    the age, date of birth and sex of the deceased,

                                     (iii)    the deceased’s marital status and usual place of residence prior to death, and

                                     (iv)    the date on which and the place where death occurred.

(2)  The information to be provided by an applicant for a search of a change of name record is

                               (a)    the former name of the person to whom the record applies,

                              (b)    the new name of the person referred to in clause (a),

                               (c)    the approximate date on which the person’s name was changed, and

                              (d)    the person’s date and place of birth, if known, and the sex of the person.

Release of information

31   The Registrar may give access to or provide copies of or information from any register or record on file in the office of the Registrar to the following persons:

                               (a)    a representative of the Government of Canada, the Government of Alberta, the government of another province or territory, the Government of the United States of America, the government of any state of the United States of America or the government of a member of the British Commonwealth;

                              (b)    a police officer as defined in the Police Act or a representative of a police service under the Police Act or any municipal or provincial police service of another province or territory;

                               (c)    a representative of a regional health authority established pursuant to the Regional Health Authorities Act, an approved hospital designated pursuant to the Hospitals Act or any Workers’ Compensation Board in Canada;

                              (d)    the Chief Medical Examiner appointed under section 5 of the Fatality Inquiries Act;

                               (e)    the Chief Medical Officer appointed under section 13 of the Public Health Act;

                               (f)    a representative of a federally, provincially or territorially administered pension plan in respect of information necessary for the administration of the pension of one of its members;

                               (g)    a person in accordance with

                                        (i)    an enactment of Alberta or Canada that authorizes or requires the disclosure or access, or

                                      (ii)    a treaty, arrangement or agreement under an enactment of Alberta or Canada that authorizes or requires the disclosure or access.

Translation

32(1)  Where a document required for the purposes of this Regulation is in a language other than English, the applicant must provide

                               (a)    an English translation acceptable to the Registrar, and

                              (b)    the notarized affidavit of the translator stating that the translation is accurate.

(2)  The expense of providing an English translation of a document and the notarized affidavit of the translator is to be borne by the applicant.

Duties of researcher

33(1)  The Registrar may give access to or provide copies of or information from any register or record on file in the office of the Registrar to a researcher who satisfies the Registrar that

                               (a)    the purpose of the research is legitimate and cannot reasonably be accomplished unless the information is provided in individually identifiable form,

                              (b)    any record linkage is not harmful to the individuals the information is about and the benefits to be derived from the linkage are clearly in the public interest,

                               (c)    the information to be released will not be used in any way that would reveal the identity of any individual who is the subject of the information, and

                              (d)    all individual identifiers will be removed or destroyed at the earliest reasonable time.

(2)  A researcher must

                               (a)    sign an agreement with the Registrar in respect of the use, subsequent use, disclosure, security and confidentiality of information disclosed to the researcher under subsection (1), and

                              (b)    take the following oath:

OFFICIAL OATH

I,      (name)     , do swear (or solemnly affirm) that I will diligently, faithfully and to the best of my ability execute according to law the responsibilities required of me by the research agreement dated                     , which allows me access to registers or records specified in the agreement, and that I will not, without due authorization, disclose or make known any matter or thing that the terms of the research agreement forbid me to disclose.

SO HELP ME GOD
(omit if affirmed)

  (signature of person swearing or affirming)  

TAKEN and subscribed before me at   (place)   on   (date)  , 20    .

  (signature of Commissioner for Oaths or Notary Public)  
(A Commissioner for Oaths or a Notary Public
in and for the Province of Alberta)

Expiry

34   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on October 31, 2019.

AR 3/2012 s34;160/2016

Coming into force

35   This Regulation comes into force on the coming into force of section 76 of the Vital Statistics Act, SA 2007 cV‑4.1.