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VITAL STATISTICS AND LIFE EVENTS MODERNIZATION ACT

VITAL STATISTICS AND LIFE EVENTS
MODERNIZATION ACT

Chapter 26

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:


Part 1
Vital Statistics Act

Amends SA 2007 cV‑4.1

1   The Vital Statistics Act is amended by this Part.

 

2   Section 1(1) is amended

                            (a)    by adding the following after clause (a):

                              (a.1)    “birth registration document” means the originating document for use in the registration of a birth as set out in section 3;

                           (b)    in clause (e) by adding “but does not include a commemorative certificate referred to in section 48.1” after “filed in the office of the Registrar”;

                           (d)    by adding the following after clause (l):

                              (l.1)    “legal name” means

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

                                      (ii)    in the case of a person born outside Canada, the person’s name as shown on the documents satisfactory to the Registrar;

                            (f)    by adding the following after clause (o):

                             (o.1)    “place”, in reference to the place where an event occurred, means the name of the city, town, village or hamlet where the event occurred or the name of the nearest city, town, village or hamlet;

 

4   Section 3(1) is repealed and the following is substituted:

Birth registration document

3(1)  A birth registration document must be completed and delivered to the Registrar in accordance with the regulations, accompanied with any prescribed evidence respecting the birth.

 

5   Section 4 is amended

                            (a)    by repealing subsections (1) to (3) and substituting the following:

Notice of birth

4(1)  A physician or midwife who attends at a birth shall complete a notice of birth and deliver it to the Registrar in accordance with the regulations.

(2)  If no physician or midwife attends at a birth, a nurse or other person who attends shall complete a notice of birth and deliver it to the Registrar in accordance with the regulations.

(3)  If a birth takes place in a hospital as defined in section 1 of the Hospitals Act and the hospital administrator is satisfied that a notice of birth will not be completed and delivered under subsection (1) or (2), the notice must be completed and delivered to the Registrar by or on behalf of the hospital administrator in accordance with the regulations.

                           (d)    by repealing subsection (5);

 

11   Section 14 is amended

                            (a)    by adding the following after subsection (1):

(1.1)  The new birth registration document must show

                                 (a)    the child’s date of birth, place of birth and sex recorded on the original birth registration document, and

                                 (b)    the particulars respecting parents or parentage in accordance with the regulations.

 

12   Section 15 is amended

                            (a)    by repealing subsection (1)(a) and substituting the following:

                                 (a)    within 12 years after the date of the person’s birth, has been known by a first name that is different from or in addition to the first name shown on the birth record, or

                           (b)    by repealing subsection (3) and substituting the following:

(3)  An application to amend the first name of a person who is under 18 years of age and not married, not widowed, not divorced, not an adult interdependent partner and not the parent or guardian of a minor may be made

                                 (a)    by a parent or guardian of the person,

                                 (b)    by a person named in a court order under section 69 dispensing with the parents’ and guardians’ consents, or

                                 (c)    in accordance with the regulations if the child, parents and guardians are deceased.

 

19   Section 20 is repealed and the following is substituted:

Marriage registration

20(1)  Every marriage that occurs in Alberta must be registered as provided in this Act.

(2)  Within one year from the date when a marriage occurs, a person authorized by law to solemnize a marriage in Alberta must complete a marriage registration document in the form established by the Registrar and submit it to the Registrar in accordance with the regulations.

(3)  If the Registrar is satisfied as to the truth and sufficiency of the marriage registration document and other prescribed evidence, the Registrar shall register the marriage in accordance with the regulations.

 

20   The following is added after section 20:

Marriage on aircraft

20.1   For the purposes of this Part, 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.

 

21   The following is added after section 21:

Annulment

21.1(1)  If a marriage registered in Alberta is annulled by a court in Alberta, the Registrar shall, on receipt of a copy of the order, judgment or decree respecting the annulment that contains the prescribed information, cancel the marriage record.

(2)  After a marriage record has been cancelled in accordance with this section,

                                 (a)    no marriage certificates or certified copies of the marriage record shall be issued, and

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

 

24   Section 23 is amended

                            (c)    by repealing subsection (5);

 

25   Section 24 is amended

                            (a)    in subsection (2)

                                 (ii)    by repealing clause (c)(i) and (ii) and substituting the following:

                                        (i)    a birth certificate or a certified copy of a birth record if the person was born in Canada, or

                                      (ii)    if the person was not born in Canada, the documents satisfactory to the Registrar;

 

31   Part 4 is repealed and the following is substituted:

Part 4
Amendment of Sex

Application

30   An application for amendment of the sex on a person’s birth record that is registered in Alberta must be made on the grounds that the person identifies with and is maintaining the gender identity that corresponds with the requested amendment of the sex on the birth record.

Eligibility to apply

30.1(1)  A person may apply for an amendment under this Part if

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

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

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

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

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

                                 (a)    where the applicant is a parent, the applicant makes an affidavit stating that the applicant is the only 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 dispensing with the consents of the parents or guardians who do not consent.

(3)  If 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 dispensing with the consents of those guardians.

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

(5)  The consents required under subsections (2), (3) and (4) must include the information required by the regulations.

Application requirements

30.2(1)  An application under this Part must include an original affidavit executed by the applicant setting out the following information about the person whose birth record is to be amended:

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

                                 (b)    the person’s date of birth;

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

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

(2)  An application under this Part must be made in a form satisfactory to the Registrar and must include the following:

                                 (a)    unless clause (b) applies, a statement from one of the following professionals containing the information required by the regulations:

                                        (i)    a physician;

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

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

                                     (iv)    a regulated member of the College and Association of Registered Nurses of Alberta under the Health Professions Act who holds a practice permit issued under that Act;

                                       (v)    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 subclause (i), (ii), (iii) or (iv);

                                     (vi)    a medical professional identified in the regulations;

                                 (b)    if an amendment of the sex of the person has occurred in accordance with the laws of a jurisdiction other than Alberta, a notice satisfactory to the Registrar issued by an official responsible for the registration of vital statistics in that jurisdiction;

                                 (c)    the prescribed additional information.

Registrar’s powers and duties

30.3(1)  On receipt of an application for amendment of the sex on a birth record under this Part and payment of the prescribed fee, the Registrar shall, if satisfied that this Act has been complied with, amend the sex on the birth record accordingly.

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

Amendment of sex on record of subsisting marriage

30.4(1)  The following persons may request that the sex on the record of a subsisting marriage that is registered in Alberta be amended:

                                 (a)    an applicant or the person whose birth record is to be amended in an application under this Part, by submitting the request with that application;

                                 (b)    the other party to the subsisting marriage, by providing, in addition to the information referred to in subsection (2),

                                        (i)    a certified copy of the amended registration of birth or a copy of the new birth certificate, or

                                      (ii)    all the documents that would be required if a party to the subsisting marriage were making an application under this Part.

(2)  On receipt of a request for amendment of the sex on the record of a subsisting marriage in the form of an affidavit and payment of the prescribed fee, the Registrar shall amend the sex on the record of the subsisting marriage if satisfied

                                 (a)    that proof of the consent of the other party to the subsisting marriage has been provided in accordance with the regulations, and

                                 (b)    that this Act has otherwise been complied with.

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

33   Section 33 is amended

.                           (c)    by repealing subsections (5) and (6) and substituting the following:

(5)  Notice must be given in accordance with the regulations if

                                 (a)    a death occurs without the attendance of a physician in relation to the final illness of the deceased during the 14 days immediately preceding the death, or

                                 (b)    the physician who attended the deceased is for any reason unable to complete the medical certificate of death or interim medical certificate of death within 48 hours of the death.

(6)  A death registration document and a medical certificate of death or an interim medical certificate of death must be completed and delivered to the Registrar in accordance with the regulations within the time and in the manner set out in the regulations, accompanied with any prescribed evidence respecting the death.

 

36   Section 42 is amended

                            (c)    by repealing subsection (5) and substituting the following:

(5)  Except as provided for in subsection (2)(d), if the cause of death does not appear in the records of the Registrar, the Registrar shall not issue a disinterment permit.

                           (d)    in subsection (6) by striking out “, or the Chief Medical Examiner under subsection (5),”.

 

37   Section 43 is amended

                            (a)    by adding the following after subsection (2):

(2.1)  The Registrar shall not issue a reinterment permit unless the Registrar has issued a disinterment permit under section 42.

 

38   The following is added after section 45:

Electronic submissions and signatures

45.1(1)  A statement, application, form, document or other information required to be submitted to the Registrar in connection with a registrable event or an application under this Act may be submitted in the manner determined by the Registrar, which may include submission by electronic means.

(2)  A signature required in connection with a registrable event or an application under this Act may be provided or verified in the manner determined by the Registrar, which may include its provision or verification by electronic means.

Electronic registrations and database

45.2(1)  A registration requirement set out in this Act must be performed in the manner determined by the Registrar, which may include registration by electronic means.

(2)  The Registrar may establish and maintain an electronic database including

                                 (a)    the particulars of registrable events;

                                 (b)    the particulars of amendments in respect of registrable events;

                                 (c)    information respecting the annulment, sealing or confidentiality of registrations;

                                 (d)    information respecting the issuance of certificates and certified extracts of registered events.

(3)  The Registrar may rely on the information recorded in the electronic database for any purpose related to the administration of this Act.

Electronic Transactions Act does not apply

45.3   The Electronic Transactions Act does not apply to a submission, signature or registration made or to any other electronic transaction performed in accordance with this Act.

 

39   Section 46(1) is repealed and the following is substituted:

Search of registration records

46(1)  Any person authorized under this Act who

                                 (a)    applies to the Registrar and provides the prescribed information,

                                 (b)    furnishes the prescribed proof of identity, and

                                 (c)    pays the prescribed fee,

may request that the Registrar make a search for the registration of any birth, stillbirth, marriage or death.

 

40   The following is added after section 47:

Sealing order

47.1(1)  On receipt of an application that complies with the regulations, if any, the Court of Queen’s Bench may, for the purpose of protecting the safety of a person, order that the Registrar shall not issue or disclose any certificate, certified copy, information or report pertaining to a matter registered under this Act.

(2)  On receipt of an order referred to in subsection (1), or an equivalent order or a notice satisfactory to the Registrar issued elsewhere in Canada, the Registrar shall not issue or disclose any certificate, certified copy, information or report in respect of the person, except

                                 (a)    in a form that is not individually identifiable, for statistical purposes,

                                 (b)    pursuant to an order of the Court of Queen’s Bench, to a person named in the order, or

                                 (c)    to another jurisdiction of Canada in accordance with section 27(2).

 

41   The following is added after section 48:

Commemorative certificates

48.1(1)  Any person authorized by the regulations who

                                 (a)    applies to the Registrar and provides the prescribed information,

                                 (b)    furnishes the prescribed proof of identity, and

                                 (c)    pays the prescribed fee,

may obtain a commemorative certificate in respect of the registration of the birth, stillbirth, marriage, change of name or death of any person if the Registrar is satisfied that it is not to be used for an unlawful or improper purpose.

(2)  A commemorative certificate referred to in subsection (1) must contain the information set out in the regulations.

(3)  If the Registrar considers it in the public interest to do so, the Registrar may refuse to issue a commemorative certificate under subsection (1).

 

45   The following is added after section 54:

Translation

54.1(1)  Where any document required for the purposes of this Act is in a language other than English, the person submitting the document must provide an English translation acceptable to the Registrar.

(2)  The expense of providing an English translation of a document is to be borne by the person submitting the document.

 

63   This Act, except the following provisions, comes into force on Proclamation:

section 1;
section 2(c) and (g);
section 3;
section 5(b), (c) and (e);
section 6(b), (c) and (d);
section 9;
section 11(b) and (c);
section 22;
section 23(b);
section 24(f);
section 25(b) and (c);
section 26(b);
section 29;
section 30;
section 32;
section 33(a) and (b);
section 34;
section 36(a) and (b);
section 42;
section 43;
section 44 to the extent that it enacts section 51.1;
section 46;
section 47;
section 49;
section 50;
section 51;
sections 54 to 59.