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AR 12/2012 VITAL STATISTICS MINISTERIAL REGULATION

(Consolidated up to 162/2016)

ALBERTA REGULATION 12/2012

Vital Statistics Act

VITAL STATISTICS MINISTERIAL REGULATION

Table of Contents

                1      Interpretation

                2      Handling of documents

                3      Burial permits

                4      Evidence required for registration of non‑hospital birth within one year

                5      Evidence required for registration of birth after one year

                6      Evidence required to add name of parent to birth registration document after one year

                7      Evidence required for registration in unusual circumstances

                8      Evidence required to amend first name on birth registration document

                9      Evidence required for registration of stillbirth after one year

              10      Evidence required to amend first name on stillbirth registration document

              11      Evidence required for other amendment to birth registration document

              12      Evidence required to register marriage after one year

              13      Marriage on aircraft

              14      Consent

              15      Proof of identity

              16      Translation

              17      Proof of marital status

              18      Proof of relationship

              19      Evidence required for registration of death after one year


              20      Evidence required for registration of death of unidentified body

              21      Disinterment permit

              22      Disinterment permit for unidentified body

              23      Search of change of name records

              24      Certificates

              25      Replacement documents

              26      Fees

              27      Expiry

              28      Coming into force

Schedule

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.

Handling of documents

2(1)  A hospital administrator or funeral director must keep in a secure place any of the following forms and documents that are in the hospital administrator’s or funeral director’s possession:

                               (a)    an adequate supply of all blank forms provided by the Registrar;

                              (b)    completed or partially completed birth, stillbirth or death registration documents and non‑completion reports;

                               (c)    completed or partially completed notices of birth or stillbirth;

                              (d)    completed or partially completed medical certificates or interim medical certificates of death or stillbirth;

                               (e)    any other forms or evidence with respect to any document referred to in clauses (b) to (d).

(2)  A hospital administrator or funeral director must, at least once a week, deliver to the Registrar the completed documents referred to in subsection (1)(b) to (d) and any other forms or accompanying evidence referred to in subsection (1)(e) required by the Registrar.

(3)  A hospital administrator or funeral director must ensure that only the current forms established by the Registrar are used for purposes of the Act, this Regulation and the Vital Statistics Information Regulation and that forms that are no longer current are destroyed by being shredded by the hospital administrator or funeral director or by a bonded company engaged by the hospital administrator or funeral director.

(4)  A hospital administrator or funeral director may not charge a fee for the performance of a duty under the Act, this Regulation or the Vital Statistics Information Regulation.

Burial permits

3(1)  A hospital administrator or the Registrar may issue a burial permit in respect of a stillborn child only if the hospital administrator or the Registrar is satisfied that

                               (a)    the notice of stillbirth, the stillbirth registration document and the medical certificate of stillbirth or interim medical certificate of stillbirth have been completed in accordance with the Act, this Regulation and the Vital Statistics Information Regulation, and

                              (b)    the information contained in the notice of stillbirth, the stillbirth registration document and the medical certificate of stillbirth or interim medical certificate of stillbirth is accurate and sufficient.

(2)  A hospital administrator, a funeral director or the Registrar may issue a burial permit in respect of a deceased person only if the hospital administrator, funeral director or Registrar, as the case may be, is satisfied that

                               (a)    the death registration document and medical certificate of death or interim medical certificate of death have been completed in accordance with the Act, this Regulation and the Vital Statistics Information Regulation, and

                              (b)    the information contained in the death registration document and medical certificate of death or interim medical certificate of death is accurate and sufficient.

Evidence required for registration of non‑hospital
birth within one year

4(1)  If a birth occurred in a place other than a hospital and the notice of birth was not completed by a physician as required by section 4(1) of the Act or a nurse or other person under section 4(2) of the Act, the evidence required for the registration of the birth within one year from the date of the birth is as follows:

                               (a)    if the birth mother and child were examined at a hospital within 24 hours after the birth, a letter signed by the hospital administrator, a physician or a nurse that

                                        (i)    establishes the full legal name or currently used name of the birth mother,

                                      (ii)    states that the birth mother gave birth to the child,

                                     (iii)    states the date and place of birth of the child, the child’s sex and, if known, the child’s name,

                                     (iv)    states the name of the physician or nurse who examined the birth mother and child, and

                                       (v)    provides the name and contact information of the person who wrote the letter;

                              (b)    if the birth mother and child were not examined at a hospital as set out in clause (a), or if the letter referred to in clause (a) cannot be obtained, evidence satisfactory to the Registrar that establishes

                                        (i)    that the birth mother was pregnant at the relevant time,

                                      (ii)    that the birth mother was present in Alberta at the time of the child’s birth,

                                     (iii)    that the child was born alive, and

                                     (iv)    the child’s sex.

(2)  For the purposes of subsection (1)(a) and (b), a court order may be used as evidence of the birth of a child if the order contains the following information and indicates that the court is satisfied that the information is correct:

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

                              (b)    the child’s full legal name;

                               (c)    the child’s sex;

                              (d)    the child’s date of birth;

                               (e)    that the child was born alive;

                               (f)    that the birth mother named in the order gave birth to the child whose birth is to be registered;

                               (g)    the child’s place of birth in Alberta.

Evidence required for registration of birth after one year

5(1)  For the purpose of section 6 of the Act, the supporting evidence required for the registration of a birth after one year from the date of the birth is either

                               (a)    a copy of a hospital record of the birth, including but not limited to a notice of birth, or a copy of the record of the physician or nurse in attendance at the birth, that is satisfactory to the Registrar, and that contains

                                        (i)    the person’s name,

                                      (ii)    the person’s sex,

                                     (iii)    the date and place of the person’s birth,

                                     (iv)    the name of the person’s birth mother, and

                                       (v)    the date the events recorded in the document occurred,

                                  or

                              (b)    an affidavit satisfactory to the Registrar made by the person seeking to have the birth registered setting out the reasons why none of the documents referred to in clause (a) can be obtained, together with any correspondence that establishes the attempts that have been made to obtain at least one of the documents referred to in clause (a), and at least 2 of the documents respecting the birth listed in subsection (5).

(2)   An affidavit for the purposes of subsection (1)(b) and section 6(b) of the Act may be provided by

                               (a)    if the person whose birth is being registered is younger than 18 years of age,

                                        (i)    the person’s birth mother,

                                      (ii)    the person’s father or other parent, if the name of the father or other parent is to be recorded on the registration of the person’s birth,

                                     (iii)    the person’s guardian, or

                                     (iv)    the person,

                                  and

                              (b)    if the person whose birth is being registered is 18 years of age or older,

                                        (i)    the person, or

                                      (ii)    an adult, with the consent of the person.

(3)  If the person whose birth is to be registered is deceased, an affidavit for the purposes of subsection (1)(b) and section 6(b) of the Act may be provided by

                               (a)    in the case of a person who died before reaching the age of 18, the birth mother, father, other parent or guardian of the person at the time of death, or

                              (b)    in the case of a person who died after reaching the age of 18, an adult who is a relative of the person, the executor, personal representative or administrator of the person’s estate, or the Public Trustee for the purpose of complying with Part 2, Division 2 of the Public Trustee Act.

(4)  The affidavit must be accompanied with

                               (a)    for the purposes of subsection (2)(a)(iii) and subsection (3)(a), documentary proof of guardianship,

                              (b)    for the purposes of subsection (2)(b)(ii), the consent of the person in the form established by the Registrar, and 

                               (c)    for the purposes of subsection (3)(b), documentary proof of the person’s death.

(5)  At least 2 of the following documents that meet the requirements of subsections (6) and (7) and that are satisfactory to the Registrar must be submitted to the Registrar as supporting evidence under subsection (1)(b):

                               (a)    a copy of an insurance policy on the life of the person that was taken out before the person was more than 4 years old;

                              (b)    an original or a copy of any record from a child welfare organization under the Child, Youth and Family Enhancement Act;

                               (c)    an original or a copy of a document issued by the federal or a provincial or municipal government;

                              (d)    an original or a copy of any public or other school record;

                               (e)    an original or a copy of an immigration or consular record;

                               (f)    an original or a copy of a record of health information of the child as defined in the Health Information Act;

                               (g)    a marriage certificate issued by the Registrar in respect of the person, or a valid certificate or other proof of marriage issued in accordance with the laws of the jurisdiction where the marriage took place;

                              (h)    affidavits from 2 persons, each of whom first saw the person within 3 months after the date of birth, stating that information and

                                        (i)    the date and place of birth of the person whose birth is to be registered, to the best of the knowledge and belief of the person making the affidavit, and

                                      (ii)    the source of the knowledge or belief of the person making the affidavit regarding the information referred to in subclause (i);

                               (i)    a copy of a baptismal certificate or a document of a similar nature that provides or accompanies the name and contact information of the religious organization that is responsible for the document and that is satisfactory to the Registrar;

                               (j)    any other documentary evidence of the birth of the person whose birth is to be registered that is satisfactory to the Registrar.

(6)  The documents submitted to the Registrar as supporting evidence under subsection (1)(b) must include the date on which the events recorded in the documents occurred and must cumulatively establish the following to the satisfaction of the Registrar:

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

                              (b)    the date of the person’s birth or the age of the person when the document was made;

                               (c)    the person’s name;

                              (d)    the person’s place of birth;

                               (e)    the person’s sex.

(7)  A document referred to in subsection (1)(b) must,

                               (a)    in respect of a child under the age of 12, establish

                                        (i)    that the birth mother was pregnant at the appropriate time,

                                      (ii)    that the birth mother was in Alberta at the time of the child’s birth, and

                                     (iii)    that the child was born alive,

                                   and

                              (b)    in respect of a child 12 years of age or older, deal with events that occurred at least 5 years before the application for registration.

(8)  The 2 affidavits referred to in subsection (5)(h) together constitute one item of evidence for the purposes of subsection (1)(b).

(9)  A court order may be used as evidence for the purposes of this section if the court order contains the following information and indicates that the court is satisfied that the information is correct:

                               (a)    the full legal name of the person to be registered;

                              (b)    that the person named in the order was born alive in Alberta and on a date specified in the order;

                               (c)    that the person is alive or deceased, as the case may be, at the time of the making of the order;

                              (d)    the sex of the person named in the order;

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

                               (f)    the full legal name of the father or other parent and, if the other parent is named, the sex of the other parent, if known.

Evidence required to add name of parent to birth registration document after one year

6   For the purposes of section 6 of the Act, the supporting evidence required to add the particulars of a parent to a birth registration document after one year from the date of the birth is

                               (a)    the joint application of both parents,

                              (b)    a declaration of parentage under section 9 of the Family Law Act from a court in Alberta that identifies a person as a parent of the child named in the birth registration document, or

                               (c)    an order of court in Alberta that recognizes a person as the father or other parent of the child named in the birth registration document.

Evidence required for registration in unusual circumstances

7(1)  Notwithstanding section 5(1), where

                               (a)    a person’s birth has not been registered within one year after the date of birth,

                              (b)    the person is unable to provide the evidence respecting birth as set out in section 5, and

                               (c)    the person has provided an affidavit that sets out to the satisfaction of the Registrar the unusual circumstances that have prevented the registration referred to in clause (a) and the provision of evidence referred to in clause (b), including the attempts that have been made to obtain the documents required under section 5,

the Registrar may register the birth on receipt of evidence as set out in subsection (2) that is satisfactory to the Registrar.

(2)  The evidence provided for the purposes of subsection (1) must include

                               (a)    affidavits from at least 2 persons familiar with the circumstances of the person’s birth, stating the child’s name and the date and place of birth to the best of the knowledge and belief of the person making the affidavit,

                              (b)    copies of any correspondence respecting attempts to obtain the documents required under section 5, and

                               (c)    at least 2 documents that cumulatively establish

                                        (i)    the full legal name of the person whose birth is to be registered,

                                      (ii)    the person’s sex,

                                     (iii)    the person’s date and place of birth, and

                                     (iv)    the birth mother’s full legal name at the time of birth.

Evidence required to amend first name on birth registration document

8(1)  The evidence required to change the first name of a person as shown on the person’s birth registration document for the purposes of section 15(1)(a) of the Act, or to establish a first name for a person on the person’s birth registration document for the purposes of section 15(1)(b) of the Act, is,

                               (a)    if the person is under 10 years of age, an affidavit from the applicant stating that the person is known by a different first name than the one that appears on the person’s birth registration document or, where no first name appears on the person’s birth registration document, that a first name has been established for the person, or

                              (b)    if the person is 10 years of age or older, a document made pursuant to an event prior to the person’s 10th birthday that shows the first names the person intends to use and the person’s date of birth or age at the time the document was made.

(2)  The documents that may be used as evidence for the purposes of subsection (1)(b) include the following if they demonstrate to the satisfaction of the Registrar that the name that the person is known by is the first name of the person:

                               (a)    an original or a certified copy of a religious record;

                              (b)    an original or a certified copy of a record of health information, as defined in the Health Information Act, of the person;

                               (c)    a valid birth certificate issued under the Act;

                              (d)    an original or certified copy of a student record of the person referred to in section 23 of the School Act;

                               (e)    a certificate of registration issued under a former Act;

                               (f)    any other documentary evidence of the first name the person intends to use that is satisfactory to the Registrar.

(3)  If the first name the person intends to use consists of a series of names, a document referred to in subsection (2) may not be relied on to amend the order of the elements of the series unless it shows all of the elements of the series in the desired order.

(4)  The documents listed in subsection (2) must show a last name for the person, and that last name must be the same as that shown on the person’s birth registration document.

(5)  Each document listed in subsection (2) that is provided as evidence for the purposes of subsection (1) must contain or have attached to it the contact information of the person or organization that provided it.

Evidence required for registration of stillbirth after one year

9(1)  For the purpose of section 6 of the Act, the supporting evidence required for the registration of a stillbirth after one year from the date of the stillbirth is either

                               (a)    a copy of a hospital record of the stillbirth, including but not limited to a notice of birth, or a copy of a disposition record from a cemetery or crematorium that contains

                                        (i)    the name, if known, under which the stillborn child is to be registered,

                                      (ii)    the sex of the stillborn child,

                                     (iii)    the date and place of the stillbirth,

                                     (iv)    the name of the stillborn child’s birth mother, and

                                       (v)    the date the events recorded in the document occurred,

                                  or

                              (b)    an affidavit made by the person seeking to have the stillbirth registered setting out the reasons why the documents referred to in clause (a) cannot be obtained, together with any correspondence that establishes the attempts that have been made to obtain the document, and at least 2 of the documents respecting the stillbirth listed in subsection (2).

(2)  At least 2 of the following documents that meet the requirements of subsection (3) must be submitted to the Registrar as supporting evidence under subsection (1)(b):

                               (a)    affidavits from 2 persons who have personal knowledge of the facts regarding the stillbirth, stating

                                        (i)    the date on which and the place at which the stillbirth occurred, to the best of the knowledge and belief of the person making the affidavit,

                                      (ii)    the child’s name, if known to the person making the application, and

                                     (iii)    the source of the knowledge or belief of the person making the affidavit regarding the information referred to in subclauses (i) and (ii);

                              (b)    any other documentary evidence that is satisfactory to the Registrar.

(3)  The documents submitted to the Registrar as supporting evidence under subsection (1)(b)

                               (a)    must contain, in respect of each document, the date on which the document was created, and

                              (b)    must cumulatively establish to the satisfaction of the Registrar

                                        (i)    the name and sex of the stillborn child,

                                      (ii)    that the birth was a stillbirth,

                                     (iii)    the full legal name of the birth mother,

                                     (iv)    the full legal name of the father or other parent and, if the other parent is named, the sex of the other parent, if known, and

                                       (v)    the place in Alberta where the stillbirth occurred.

(4)  The 2 affidavits referred to in subsection (2)(a) together constitute one item of evidence for the purposes of subsection (1)(b).

(5)  A court order may be used as evidence for the purposes of this section if the court order contains the following information and indicates that the court is satisfied that the information is correct:

                               (a)    that the child named in the order was stillborn in Alberta and on a date specified in the order;

                              (b)    the sex of the stillborn child;

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

                              (d)    the full legal name of the father or other parent and, if the other parent is named, the sex of the other parent, if known.

Evidence required to amend first name on stillbirth registration document

10(1)  Subject to subsection (3), the first name of a stillborn child as shown on a stillbirth registration document may be amended by a parent of the child on application under section 19(5) of the Act.

(2)  The evidence required in support of an application referred to in subsection (1) is an affidavit made by the parent making the application setting out the first name of the child.

(3)  The name of a stillborn child as shown on the stillbirth registration document may be amended only

                               (a)    by the parent whose name appears on the stillbirth registration document, where only one parent is listed on the stillbirth registration document, or

                              (b)    where the names of both parents appear on the stillbirth registration document,

                                        (i)    by one parent with the consent, in the form established by the Registrar, of the other parent,

                                      (ii)    by one parent if that parent has obtained an order of the Court of Queen’s Bench under section 69 of the Act dispensing with the consent of the other parent, or

                                     (iii)    by one parent, where the other parent is deceased, if that parent provides the certificate of death to the Registrar.

Evidence required for other amendment to birth registration document

11(1)  The supporting evidence required for an amendment to a birth registration document that is not otherwise specified in this Regulation may be provided by, and the affidavit required by section 60 of the Act may be signed by,

                               (a)    if the person whose birth registration document is being amended is younger than 18 years of age,

                                        (i)    the person’s mother,

                                      (ii)    the person’s father or other parent, if the name of the father or other parent was recorded on the registration of the person’s birth,

                                     (iii)    the person’s guardian, or

                                     (iv)    the person,

                                  and

                              (b)    if the person whose birth registration document is being amended is 18 years of age or older,

                                        (i)    the person, or

                                      (ii)    an adult, with the consent of the person.

(2)  If the person whose birth registration document is to be amended is deceased, an affidavit may be provided by

                               (a)    in the case of a person who died before reaching the age of 18, the person who was the guardian of the person at the time of death, or

                              (b)    in the case of a person who died after reaching the age of 18, an adult who is a relative of the person, the executor, personal representative or administrator of the person’s estate or the Public Trustee for the purpose of complying with Part 2, Division 2 of the Public Trustee Act.

(3)   The affidavit must be accompanied with

                               (a)    for the purposes of subsection (1)(a)(iii) and (2)(a), documentary proof of guardianship,

                              (b)    for the purposes of subsection (1)(b)(ii), the consent of the person in the form established by the Registrar, and 

                               (c)    for the purposes of subsection (2)(b), documentary proof of the person’s death.

Evidence required to register marriage after one year

12(1)  For the purpose of section 21(c)(ii) of the Act, the supporting evidence required for the registration of a marriage after one year from the date of the marriage is one of the documents respecting the marriage listed in subsection (2) that is satisfactory to the Registrar and contains

                               (a)    the names of both parties to the marriage,

                              (b)    the date on which and the place at which the marriage took place, and

                               (c)    the date on which the event recorded in the document occurred, if different from the date of the marriage.

(2)  The documents that may be submitted to the Registrar as supporting evidence under subsection (1) are as follows:

                               (a)    a copy of the record of the marriage as entered in a marriage register maintained at the place where the marriage took place or by the person who solemnized the marriage, accompanied by a contact name and contact information of the organization responsible for the record;

                              (b)    an affidavit that contains the information required under subsection (1) made by the person who solemnized the marriage;

                               (c)    an original proof of marriage document issued under section 11 of the Marriage Act.

(3)   An affidavit for the purposes of section 21(b) of the Act may be made by

                               (a)    a party to the marriage,

                              (b)    the person who solemnized the marriage, or

                               (c)    an adult person who is a relative of one of the parties to the marriage.

(4)  A court order may be used as evidence for the purposes of this section if the court order contains the following information and indicates that the court is satisfied that the information is correct:

                               (a)    the full legal names of the persons or the currently used names of the persons, if different;

                              (b)    that the persons named in the order were married in Alberta and on a date specified in the order;

                               (c)    that in the opinion of the court the marriage was lawfully solemnized in accordance with the Marriage Act.

Marriage on aircraft

13   For the purposes of registration under the Act, the place of marriage of parties whose marriage was solemnized on an aircraft is deemed to be the place in Alberta where the aircraft landed following the marriage.

Consent

14  Where a person’s consent is required for the purposes of this Regulation and section 15 of the Act, the consent must be provided in the form established by the Registrar and must contain

                               (a)    the full name of the person giving the consent,

                              (b)    the signature of the person giving the consent, and

                               (c)    the full name of the person to whom the consent is being given.

Proof of identity

15(1)  Where proof of identity is required to be provided by an applicant for information, services or records under the Act, a document that meets the following requirements constitutes acceptable proof of identity:

                               (a)    an original document issued by

                                        (i)    the Government of Alberta or the government of another province or territory,

                                      (ii)    the Government of Canada, or

                                     (iii)    the government of another country;

                              (b)    the document contains

                                        (i)    a recognizable photograph of the person it purports to identify,

                                      (ii)    the person’s full name, and

                                     (iii)    a distinctive identification number;

                               (c)    if the document is one that expires, the document is valid at the time it is presented as proof of identification;

                              (d)    if the document is one that does not expire, the document was issued not more than 5 years prior to the date it is presented as proof of identification.

(2)  Where a person is unable to provide a document that meets the requirements of subsection (1), the Registrar may accept as proof of identity an order of a court in Alberta if the order

                               (a)    sets out the person’s

                                        (i)    full legal name or currently used name, if different,

                                      (ii)    date of birth, and

                                     (iii)    sex,

                              (b)    states that the court is satisfied that that person’s identity is as set out in the order,

                               (c)    states that the order is issued for the purpose of providing acceptable proof of identity to enable the person to apply for a service under the Act, and

                              (d)    was issued not more than one year prior to being presented to the Registrar as proof of identity.

(3)  Where an application for a service under the Act is submitted by mail, the applicant must provide as supporting evidence of proof of identity a statutory declaration in the form established by the Registrar that

                               (a)    identifies the type of document that is being used as proof of identity,

                              (b)    confirms that the document is an original,

                               (c)    confirms the name of the provincial, federal or other government that purports to have issued the document,

                              (d)    confirms the person’s full name as it appears on the document,

                               (e)    states the identification number of the document,

                               (f)    confirms that the document contains a photograph of the person, and

                               (g)    if the document

                                        (i)    is one that expires, states the expiry date and that the document is currently valid, or

                                      (ii)    is one that does not expire, states that the document was issued not more than 5 years prior to the date of the application.

(4)  Where a person who is applying for a service under the Act by mail is unable to provide the original of the statutory declaration referred to in subsection (3), the Registrar may, in the Registrar’s discretion, accept a copy, including a facsimile version, of the document.

(5)  Where a person who is applying for a service under the Act by mail is unable to provide a statutory declaration that meets the requirements of subsection (3), the Registrar may accept as proof of identity a copy of an order of a court in Alberta that meets the requirements of subsection (2).

Translation

16(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.

Proof of marital status

17(1)  The proof of marital status required for the purposes of section 24(2)(e) of the Act is,

                               (a)    in respect of a person who was never married or who is widowed or divorced, an affidavit made by the person that establishes the person’s marital status, and

                              (b)    in respect of a married person,

                                        (i)    if the marriage took place in Alberta, the marriage certificate or a copy of the marriage registration document or the equivalent document issued under a former Act,

                                      (ii)    if the person was married in another province or territory, a valid document issued by the government of that province or territory that is equivalent to a document referred to in subclause (i), or

                                     (iii)    if the person was married outside Canada,

                                              (A)    a valid document issued by the government of the place where the marriage took place that is equivalent to a document referred to in subclause (i), or

                                              (B)    an immigration record that shows the marital status of the person and identifies the person’s spouse.

(2)  Where a document referred to in subsection (1)(b) cannot be obtained, the person must provide to the Registrar an affidavit made by the person that sets out 

                               (a)    the names of the parties and the date and place of the marriage, and

                              (b)    the reasons why the document cannot be obtained, together with any correspondence that establishes the attempts that have been made to obtain the document.

Proof of relationship

18(1)  The proof of relationship required for the purpose of section 24(2)(g) of the Act is

                               (a)    a valid birth certificate that shows that the applicant is a parent of the child whose name is to be changed, or

                              (b)    if an applicant has immigrated to Canada, the Registrar may accept as proof a copy of the immigration document under which the applicant was lawfully admitted to Canada if the document shows the parental relationship between the applicant and the child.

(2)   If the applicant is a parent of the child whose name is to be changed but no birth certificate or immigration document is available, the proof of relationship required for the purpose of section 24(2)(g) of the Act is an affidavit of the applicant that establishes the applicant’s parental status and explains to the satisfaction of the Registrar why no birth certificate or immigration document is available.

Evidence required for registration of death after one year

19(1)  For the purposes of section 35(c)(ii) of the Act, the supporting evidence required for the registration of a death after one year from the date of the death is one of the documents respecting the death listed in subsection (2) that establishes to the satisfaction of the Registrar

                               (a)    the full legal name of the deceased or the name being used by the deceased at the time of death, if different,

                              (b)    the sex of the deceased,

                               (c)    the date on which and the place in Alberta where the death took place, and

                              (d)    the date on which the events recorded in the document occurred.

(2)  The documents that may be submitted to the Registrar as supporting evidence under subsection (1) are as follows:

                               (a)    a copy of the hospital record of the death;

                              (b)    a copy of the record of a medical examiner or attending physician;

                               (c)    a copy of the record of the funeral director in respect of the deceased;

                              (d)    a copy of the burial permit in respect of the deceased;

                               (e)    a copy of the disposition record in respect of the deceased;

                               (f)    a copy of the cemetery or crematorium record in respect of the deceased.

(3)  A court order may be used as evidence for the purposes of this section if the court order contains the following information and indicates that the court is satisfied that the information is correct:

                               (a)    the full legal name of the deceased or the name being used by the deceased at the time of death, if different;

                              (b)    the date on which and the place in Alberta at which the death took place;

                               (c)    the sex and age of the deceased.

Evidence required for registration of death of unidentified body

20   Notwithstanding section 19, the evidence required for the registration of death of an unidentified body is the medical certificate of death completed in accordance with the Vital Statistics Information Regulation.

Disinterment permit

21(1)  In this section, “living with the deceased” includes a situation where

                               (a)    the deceased resided before death in a care facility for health reasons and the spouse or adult interdependent partner of the deceased continued to provide the usual support customarily associated with couples intending to continue a relationship, or

                              (b)    the deceased and the spouse or adult interdependent partner of the deceased were living apart at the time of death due only to circumstances other than a breakdown of their relationship.

(2)  An application for a disinterment permit in accordance with section 42 of the Act may be made by persons in the following order of priority:

                               (a)    the personal representative designated in the will of the deceased;

                              (b)    the spouse or adult interdependent partner of the deceased if the spouse or adult interdependent partner was living with the deceased at the time of death;

                               (c)    an adult child of the deceased;

                              (d)    a parent of the deceased;

                               (e)    a guardian of the deceased under the Adult Guardianship and Trusteeship Act or, if the deceased is a minor, under the Child, Youth and Family Enhancement Act or the Family Law Act;

                               (f)    an adult grandchild of the deceased;

                               (g)    an adult brother or sister of the deceased;

                              (h)    an adult nephew or niece of the deceased;

                               (i)    an adult next of kin of the deceased determined in accordance with section 1(k) of the Fatality Inquiries Act;

                               (j)    the Public Trustee;

                              (k)    an adult person having some relationship with the deceased not based on blood ties or affinity;

                               (l)    the Minister of the Government of Alberta who authorized funding for the burial of the deceased.

(3)  If, under subsection (2)(c) to (h), the right to apply for a disinterment permit passes to persons of equal rank, in the absence of agreement between or among them, the order of priority begins with the eldest person in that rank and descends in order of age.

(4)  Subject to subsection (5), if a person who, under this section, has the right to apply for a disinterment permit is not available or is unwilling to act, that right passes to the next available qualified person.

(5)  The right to apply for a disinterment permit does not pass to the next available qualified person if the person who has the right objects to the proposed disinterment.

(6)  The information that must be provided by an applicant for a disinterment permit is,

                               (a)    in respect of the applicant,

                                        (i)    the applicant’s full name, telephone number and mailing address,

                                      (ii)    the provision of subsection (2) that authorizes the applicant to make the application,

                                     (iii)    the applicant’s signature, and

                                     (iv)    any other information required by the Registrar,

                              (b)    in respect of any person or business who submits the application on behalf of the applicant, the name, telephone number and mailing or business address of the person or business, and

                               (c)    in respect of the deceased,

                                        (i)    the deceased’s full name at the time of death and any other name by which the deceased may have been known at that time,

                                      (ii)    the date on which and the place at which the death took place,

                                     (iii)    the name and location of the cemetery where the deceased is currently buried,

                                     (iv)    the name and location of the cemetery where the deceased is to be reinterred or the place where the deceased’s remains are to be cremated,

                                       (v)    the reason why the disinterment is required, and

                                     (vi)    the name and address of the person to whom the disinterment permit is to be delivered.

(7)  An application under subsection (6) must be in the form of an affidavit.

(8)  This section, except subsection (5), applies, with any necessary modifications, to an application for a permit for the reinterment of a dead human body under section 43(3) of the Act.

Disinterment permit for unidentified body

22   An application for a disinterment permit for an unidentified body may be made by a person who

                               (a)    completes an application in the form established by the Registrar, and

                              (b)    makes an affidavit that sets out to the satisfaction of the Registrar

                                        (i)    the reasons for the proposed disinterment,

                                      (ii)    the reasons why the body is unidentified and the attempts that have been made to discover its identity, and

                                     (iii)    the arrangements that have been made for reinterment or other disposition.

Search of change of name records

23   Where a record is available, the information that must appear on a report of a search of change of name records pursuant to section 47 of the Act is

                               (a)    the previous name of the person whose name was changed,

                              (b)    the new name of the person whose name was changed, and

                               (c)    the date on which the change of name was registered.

Certificates

24(1)   The information that must appear on certificates issued pursuant to section 48 of the Act is,

                               (a)    for a standard birth certificate,

                                        (i)    the full legal name of the person to whom the birth certificate applies,

                                      (ii)    the date on which and the place at which the person was born,

                                     (iii)    the sex of the person,

                                     (iv)    the date on which the person’s birth was registered,

                                       (v)    the registration number assigned to it, and

                                     (vi)    the date on which the certificate was issued;

                              (b)    for a standard birth certificate with parentage,

                                        (i)    the information specified in clause (a)(i) to (vi), and

                                      (ii)    the names and places of birth of the persons listed as parents on the person’s birth registration document;

                               (c)    for a standard marriage certificate,

                                        (i)    the names of the spouses as they appear on the marriage registration document,

                                      (ii)    the date on which and the place at which the marriage took place,

                                     (iii)    the date on which the marriage was registered,

                                     (iv)    the registration number assigned to it, and

                                       (v)    the date on which the certificate was issued;

                              (d)    for a standard marriage certificate with birth places,

                                        (i)    the information specified in clause (c)(i) to (v), and

                                      (ii)    the places of birth of the spouses;

                               (e)    for a certificate of death,

                                        (i)    the name of the deceased as set out in the death registration document,

                                      (ii)    the age of the deceased at the time of death,

                                     (iii)    the sex of the deceased,

                                     (iv)    the marital status of the deceased at the time of death,

                                       (v)    the usual place of residence of the deceased prior to death,

                                     (vi)    the date on which and the place at which death occurred,

                                    (vii)    the date on which the death was registered,

                                   (viii)    the registration number assigned to it, and

                                     (ix)    the date on which the certificate was issued;

                               (f)    for a certificate of change of name,

                                        (i)    the previous name of the person whose name was changed,

                                      (ii)    the new name of the person whose name was changed,

                                     (iii)    the date on which the change of name was registered,

                                     (iv)    the registration number assigned to it, and

                                       (v)    the date on which the certificate was issued.

(2)  For the purposes of sections 48, 49 and 50 of the Act, where the person in respect of whom a birth certificate or a certified copy or genealogical copy of a birth registration record is being issued is deceased, the Registrar must ensure that “Deceased” is printed prominently on the front of the certificate or certified copy or genealogical copy of the birth registration record, as the case may be.

Replacement documents

25   A person who has applied for a certificate, a report of a search of registration records or a certified copy or a genealogical copy of a registration record and has not received the requested document within 90 days of the date of application may request a replacement document without charge by notifying the Registrar that the document has failed to arrive and sending to the Registrar an affidavit made by the applicant in the form established by the Registrar that sets out the circumstances of the application.

Fees

26(1)  The fees for services under the Act are set out in the Schedule to this Regulation.

(2)  No fee may be charged for

                               (a)    an amendment to a registration document if the amendment is requested within 90 days of the birth, marriage, death or stillbirth,

                              (b)    an amendment to the birth or death registration of a deserted newborn made to record the parentage of the child,

                               (c)    an amendment made at any time to a registration document to add a first name for a person to whom the document pertains where no first name for the person appears on the original registration document,

                              (d)    issuing a replacement document to a person because the previously issued document contained information inconsistent with that on the registration document or record of change of name, on the return of the previously issued document,

                               (e)    an amendment to a death registration record in respect of a person who was originally registered as an unidentified body but who has subsequently been identified, or

                               (f)    an amendment to a death registration document in respect of a person who was originally registered as a person presumed dead and whose body has subsequently been found.

(3)  The Registrar may, in the Registrar’s discretion, waive all or any part of a fee listed in the Schedule.

Expiry

27   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 12/2012 s27;162/2016.


Coming into force

28   This Regulation comes into force on the coming into force of section 77 of the Vital Statistics Act, SA 2007 cV‑4.1.

Schedule   

Fees

Service                                                                                             Fee

1   Fee for registration after one year from the date of

                                       birth                                                                                 $ 20

                                       stillbirth                                                                             20

                                       marriage                                                                             20

                                       death                                                                                   20

2   Fee to amend

                                       a birth registration record                                               20

                                       a stillbirth registration record                                        20

                                       a marriage registration record                                        20

                                       a death registration record                                              20

3   Fee for registration of change of name                                 120

4   Fee for registration of change of sex                                       20

5   Fee for a search for each 3‑year search period of
registration records and report, for each name                           20

6   Fee for a search of change of name records                           20

7   Fee for a certificate of

                                       birth                                                                                    20

                                       marriage                                                                             20

                                       death                                                                                   20

                                       change of name                                                                 20

8   Fee for certified copies of a registration record, or an
extract from it, of

                                       birth                                                                                    20

                                       stillbirth                                                                             20

                                       marriage                                                                             20

                                       death                                                                                   20

9   Fee for a certified copy of a medical or
interim medical certificate of death or
stillbirth                                                                                            20

10   Fee for a genealogical search for each 3‑year
search period for a birth, stillbirth, marriage or
death, including a copy of the registration
record or an extract from it, for each name                                 20

11   Fee for statistical reports for research purposes               500

12   Fee for additional copies of statistical reports,
for each copy                                                                                 100

13   Fee for reprint of an existing statistical report,
for each reprint                                                                              100