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AR 106/2018 VITAL STATISTICS MINISTERIAL REGULATION

(no amdt)

ALBERTA REGULATION 106/2018

Vital Statistics Act

VITAL STATISTICS MINISTERIAL REGULATION

Table of Contents

                1      Definitions

                2      Birth registration document and stillbirth registration document

                3      Notice of birth and notice of stillbirth

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

                5      Evidence required to amend a first name on a birth record

                6      Evidence required to amend a last name on a birth record

                7      Evidence required to amend a name on a birth record to a cultural mononym

                8      Evidence required to amend a name on a stillbirth record to a cultural mononym

                9      Evidence required for other amendments to a birth record

              10      Evidence required for registration of a birth after one year

              11      Evidence required to add a parent to a record of
birth or stillbirth after one year

              12      Adoption order from a jurisdiction other than Alberta

              13      Order to disclose pre-adoption information

              14      Rescinding an adoption order

              15      Order to disclose pre-surrogacy information

              16      Evidence required to amend a name on a stillbirth record

              17      Evidence required for registration of a stillbirth after one year

              18      Marriage registration document

              19      Registrar’s discretion to register a marriage

              20      Evidence required for registration of marriage after one year

              21      Order to annul a marriage


              22      Proof of identity — electronic registration systems and transactions

              23      Proof of identity — general

              24      Proof of applicant’s eligibility to change a person’s name

              25      General consent

              26      Waiving consent

              27      Evidence required for registration of a death after one year

              28      Evidence required for registration of death of an unidentified body after one year

              29      Burial permits

              30      Disinterment and reinterment permit

              31      Disinterment permit for an unidentified body

              32      Certificates

              33      Handling of documents

              34      Fees

              35      Transitional

              36      Repeal

              37      Expiry

              38      Coming into force

Schedule

Definitions

1   In this Regulation,

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

                              (b)    “next of kin” in relation to a person means the parents, children, siblings, spouse and adult interdependent partner of the person.

Birth registration document and stillbirth registration document

2(1)  A birth registration document referred to in section 3 of the Act must be completed and delivered to the Registrar in a form satisfactory to the Registrar within 10 days after the date of a birth.

(2)  A stillbirth registration document referred to in section 19(2)(c) or (4) of the Act must be completed and delivered to the Registrar in a form satisfactory to the Registrar within 10 days after the date of a stillbirth.

Notice of birth and notice of stillbirth

3(1)  A notice of birth referred to in section 4 of the Act must be completed and delivered to the Registrar in a form satisfactory to the Registrar within 10 days after the date of a birth.

(2)  A notice of stillbirth referred to in section 19(2)(a) and (4) of the Act must be completed and delivered to the Registrar in a form satisfactory to the Registrar within 10 days after the date of a stillbirth.

Evidence required for registration of a non-hospital birth
within one year

4(1)  If a notice of birth is received within one year of the date of birth and is not completed by a physician, nurse, nurse practitioner, midwife or hospital administrator, the evidence required for the registration of the birth in accordance with section 5 of the Act is as follows:

                               (a)    if the person who gave birth and the child were examined by a physician, nurse, nurse practitioner or midwife within 48 hours after the birth, a letter signed by the hospital administrator, a physician, nurse, nurse practitioner or midwife that

                                        (i)    establishes the full name of the person who gave birth,

                                      (ii)    states that the person referred to in subclause (i) 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 full name,

                                     (iv)    states the full name of the physician, nurse, nurse practitioner or midwife who examined the person who gave birth and the child,

                                       (v)    states the date on which the person who gave birth and the child were examined, and

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

                              (b)    if the person who gave birth and the child were not examined by a physician, nurse, nurse practitioner or midwife 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 person who gave birth was pregnant at the relevant time,

                                      (ii)    that the person who gave birth 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)(b), an Alberta 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 legal name of the person who gave birth;

                              (b)    the child’s full name;

                               (c)    the child’s sex;

                              (d)    the child’s date of birth;

                               (e)    that the child was born alive;

                               (f)    that the person 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 to amend a first name on a birth record

5(1)  The evidence required to amend the first name of a person as shown on the person’s birth record 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 record for the purposes of section 15(1)(b) of the Act, is,

                               (a)    in the case of a child under 12 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 record or, where no first name appears on the person’s birth record, that a first name has been established for the person, or

                              (b)    if the person is 12 years of age or older, a document made pursuant to an event occurring prior to the person’s 12th birthday that shows the first name the person used 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 first name that the person is known by is the first name of the person:

                               (a)    a copy of a religious record;

                              (b)    a copy of a health record;

                               (c)    an original birth certificate;

                              (d)    a copy of a school record;

                               (e)    any other documentary evidence of the first name the person uses that is satisfactory to the Registrar.

(3)  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 record.

(4)  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.

(5)  For the purposes of section 15(3)(c) of the Act, an affidavit required under section 15(7) of the Act may be signed by

                               (a)    a relative of the deceased,

                              (b)    a personal representative, an executor or an administrator of the deceased person’s estate,

                               (c)    a person authorized to make the application by an Alberta court order issued within one year of the application, or

                              (d)    any other person satisfactory to the Registrar.

(6)  Despite subsection (7), for the purposes of subsection (5), proof of death of the child, parents and guardians is required.

(7)  For the purposes of subsection (5)(c), the order must

                               (a)    identify the person whose birth record is being amended,

                              (b)    identify the person authorized to make the application, and

                               (c)    confirm the death of the child, parents and guardians pursuant to section 15(3)(c) of the Act.

Evidence required to amend a last name on a birth record

6(1)  The evidence required to amend the last name of a person as shown on the person’s birth record may be provided by, and the affidavit required under section 60 of the Act may be signed by,

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

                                        (i)    the parents recorded on the birth record of the person whose birth record is being amended and all guardians of the person whose birth record is being amended, or

                                      (ii)    at the discretion of the Registrar, the person,

                                  or

                              (b)    if the person whose birth record 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 record is being amended is deceased, the affidavit required under section 60 of the Act may be signed by

                               (a)    the parents recorded on the birth record of the person whose birth record is being amended and all guardians at the time of death of the person whose birth record is being amended, or

                              (b)    a person satisfactory to the Registrar.

(3)  The affidavit required under section 60 of the Act must be accompanied by

                               (a)    for the purposes of subsections (1)(a)(i) and (2)(a), documentary proof of guardianship,

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

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

Evidence required to amend a name on a birth record to a cultural mononym

7(1)  The evidence required to amend the name of a person as shown on the person’s birth record may be provided by, and the affidavit required under section 60 of the Act may be signed as follows:

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

                                        (i)    the parents recorded on the birth record of the person whose birth record is being amended and all guardians of the person whose birth record is being amended, or

                                      (ii)    the person, at the discretion of the Registrar;

                              (b)    if the person whose birth record 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 record is being amended is deceased, the affidavit required under section 60 of the Act may be signed by

                               (a)    the parents recorded on the birth record of the person and all guardians at the time of death of the person, or

                              (b)    a person satisfactory to the Registrar.

(3)  The affidavit required under section 60 of the Act must be accompanied by

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

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

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

Evidence required to amend a name on a stillbirth record to a cultural mononym

8   The evidence required to amend the name of a stillborn child on their stillbirth record may be provided by, and the affidavit required under section 60 of the Act may be signed by, the parents recorded on the stillbirth record being amended.

Evidence required for other amendments to a birth record

9(1)  The supporting evidence required for an amendment to a birth record that is not otherwise specified in this Regulation may be provided by, and the affidavit required under section 60 of the Act may be signed by,

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

                                        (i)    the person’s parent, if the name of that parent is recorded on the person’s birth record,

                                      (ii)    the person’s guardian, or

                                     (iii)    at the discretion of the Registrar, the person,

                                  and

                              (b)    if the person whose birth record 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 record is to be amended is deceased, an affidavit may be signed by

                               (a)    the person who is a parent of the deceased person,

                              (b)    a person who, at the time of death, was a guardian of the deceased person,

                               (c)    the next of kin of the deceased person,

                              (d)    a personal representative, an executor or an administrator of the deceased person’s estate,

                               (e)    the Public Trustee for the purpose of complying with the Public Trustee Act,

                               (f)    the Public Trustee of another province or territory,

                               (g)    the agent of a Public Trustee, or

                              (h)    a person satisfactory to the Registrar.

(3)  The affidavit must be accompanied with

                               (a)    for the purposes of subsection (1)(a)(ii) and (2)(b), 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), documentary proof of the person’s death.

Evidence required for registration of a birth after one year

10(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 medical record of the birth, including but not limited to a notice of birth, or a copy of the record of the physician, nurse, nurse practitioner or midwife in attendance at the birth, that is satisfactory to the Registrar, and that contains, in respect of the person whose birth is to be registered,

                                        (i)    full name,

                                      (ii)    sex,

                                     (iii)    the date and place of birth,

                                     (iv)    the full name of the person who gave birth, and

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

                                  or

                              (b)    at least 2 of the documents respecting the birth listed in subsection (5).

(2)  An affidavit for the purposes of section 6(b) of the Act may be signed by

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

                                        (i)    the person’s parent, if the name of the parent is to be recorded on the registration of the person’s birth,

                                      (ii)    the person’s guardian, or

                                     (iii)    at the discretion of the Registrar, 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 being registered is deceased, an affidavit for the purposes of section 6(b) of the Act may be signed by

                               (a)    the person who gave birth to the deceased,

                              (b)    a person who was a guardian of the deceased at the time of death,

                               (c)    the other parent being recorded on the birth registration of the deceased in accordance with section 11,

                              (d)    an adult who is a relative of the deceased,

                               (e)    a personal representative, an executor or an administrator of the deceased person’s estate,

                               (f)    the Public Trustee for the purpose of complying with the Public Trustee Act,

                               (g)    the Public Trustee of another province or territory.

                              (h)    the agent of a Public Trustee, or

                               (i)    a person satisfactory to the Registrar.

(4)  The affidavit must be accompanied with

                               (a)    for the purposes of subsection (2)(a)(ii) and (3)(b), 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,

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

                              (d)    for the purposes of subsection (3)(d) to (i), documentary proof of the applicant’s relationship to the deceased person.

(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 12 years old;

                              (b)    a copy of a record from

                                        (i)    a child welfare organization under the Child, Youth and Family Enhancement Act, or

                                      (ii)    an equivalent organization of another province or territory;

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

                              (d)    a copy of a school record;

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

                               (f)    a copy of a health record;

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

                              (h)    affidavits signed by 2 persons, stating

                                        (i)    that the person signing the affidavit saw the child within 3 months after the date of birth,

                                      (ii)    the date of birth of the person whose birth is to be registered and the place in Alberta where the birth occurred, to the best of the knowledge and belief of the person making the affidavit, and

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

                               (i)    a copy of a religious record 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 in respect of the person whose birth is being registered, to the satisfaction of the Registrar:

                               (a)    the full name of the person who gave birth;

                              (b)    the date of the person’s birth or the age of the person when the event occurred;

                               (c)    the person’s full 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, cumulatively establish to the satisfaction of the Registrar

                                        (i)    that the person who gave birth was pregnant at the relevant time,

                                      (ii)    that the person who gave birth 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)  An Alberta 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 legal name under which the person is 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 legal name of the person who gave birth;

                               (f)    the legal name of the other parent if that parent is being recorded on the birth registration document.

Evidence required to add a parent to a record of
birth or stillbirth after one year

11   For the purposes of sections 6 and 19(4) of the Act,

                               (a)    if both the parent who gave birth and the other parent sign the registration document referred to in section 6(c)(i) or 19(2)(c) of the Act, no further supporting evidence is required to add the particulars of a parent to a record of birth or stillbirth after one year from the date of the birth, and

                              (b)    in any other case, the supporting evidence required to add the particulars of a parent to a record of birth or stillbirth after one year from the date of the birth is

                                        (i)    the relevant information and supporting evidence referred to in section 11 of the Act,

                                      (ii)    an Alberta court order that meets the requirements under section 10(9), setting out the particulars of a parent to be added to the record of birth or stillbirth, and

                                     (iii)    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.

Adoption order from a jurisdiction other than Alberta

12  For the purposes of section 16(3) of the Act, the Registrar must be satisfied as to the following:

                               (a)    the identity of the person being adopted;

                              (b)                               the person’s legal name after adoption;

                               (c)    the date of the order, judgment or decree of adoption;

                              (d)    the full name of the adoptive parent or parents.

Order to disclose pre-adoption information

13  For the purposes of section 17(1)(c) of the Act, an Alberta Court of Queen’s Bench order authorizing the release of a copy of an original birth record must contain the following to the satisfaction of the Registrar:

                               (a)    the identity of the adopted person;

                              (b)    the full name of the person to whom the pre-adoption information is to be released.

Rescinding an adoption order

14   For the purposes of section 16.1 of the Act, a court order rescinding an adoption order must contain the following to the satisfaction of the Registrar:

                               (a)    the identity of the adopted person;

                              (b)    the date that the adoption that is being rescinded was filed in court;

                               (c)    the identity of the adoptive parent or parents whose status as adoptive parents is rescinded by the order.

Order to disclose pre-surrogacy information

15   For the purposes of section 14(2)(b) of the Act, an Alberta Court of Queen’s Bench order authorizing the release of a copy of an original birth record must contain the following to the satisfaction of the Registrar:

                               (a)    the identity of the person whose birth was registered as a surrogacy;

                              (b)    the full name of the person to whom the pre-surrogacy information is to be released.

Evidence required to amend a name on a stillbirth record

16(1)  The name of a stillborn child as shown on a stillbirth record may be amended by a parent of the child.

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

(3)  For the purposes of section 15(3)(c) of the Act, if the parents are deceased, an application may be made by

                               (a)    a person named in a court order that authorizes the application, or

                              (b)    a person satisfactory to the Registrar.

(4)  For the purposes of subsection (3), proof of death of the parent or parents is required.

Evidence required for registration of a stillbirth after one year

17(1)  For the purposes of section 6 and section 19(4) of the Act,  the supporting evidence required for the registration of a stillbirth after one year from the date of the stillbirth is sufficient documentary evidence listed in subsection (2) respecting the stillbirth to establish to the satisfaction of the Registrar

                               (a)    the full name of the stillborn child, if known,

                              (b)    the date and place of the stillbirth,

                               (c)    the full name of the person who gave birth to the stillborn child, and

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

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

                               (a)    a copy of the medical record of the stillbirth;

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

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

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

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

                               (f)    a copy of the cemetery or crematorium record in respect of the stillborn;

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

(3)  An Alberta 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 the date specified in the order;

                              (b)    the legal name of the person who gave birth;

                               (c)    the legal name of the other parent if the other parent is to be recorded on the stillbirth record.

Marriage registration document

18   In the case of a marriage that occurred after September 1, 1998, the Registrar must be satisfied as to the following information for the purposes of sections 20 and 21 of the Act:

                               (a)    a valid marriage licence was issued for the date on which the marriage occurred;

                              (b)    the full name of the person who solemnized the marriage and that the person was, on the date of the marriage, a person authorized to solemnize marriage in Alberta.

Registrar’s discretion to register a marriage

19(1)  For the purposes of sections 20 and 21 of the Act, the Registrar may register a marriage that is in contravention of or does not comply with

                               (a)    sections 13 and 14 of the Vital Statistics Information Regulation

                                        (i)    if the Registrar is satisfied based on the evidence received that the marriage can be registered, or

                                      (ii)    if a court order is received stating the marriage is valid despite the contravention or non-compliance,

                                  or

                              (b)    section 18, if a court order is received stating the marriage is valid despite the contravention or non-compliance.

(2)  A court order for the purpose of this section must contain

                               (a)    the date of the marriage,

                              (b)    the place in Alberta where the marriage occurred,

                               (c)    the full names of the parties to the marriage, and

                              (d)    a statement that the marriage is valid.

Evidence required for registration of a marriage after one year

20(1)  For the purposes 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 full names of both parties to the marriage,

                              (b)    the date of the marriage and the place in Alberta where the marriage occurred, and

                               (c)    the date on which the event 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 record of the marriage as entered in a marriage register when the marriage occurred or by the person who solemnized the marriage, accompanied by the contact information of the organization or person responsible for the record;

                              (b)    an affidavit signed by the person who solemnized the marriage that contains

                                        (i)    the information required under subsection (1), and

                                      (ii)    evidence satisfactory to the Registrar

                                              (A)    identifying the person who conducted the marriage,

                                              (B)    demonstrating that the person who solemnized the marriage was, on the date of the marriage, a person authorized to solemnize a marriage in Alberta, and

                                              (C)    demonstrating compliance with legal requirements applicable to the marriage;

                               (c)    a copy of a proof of marriage document issued under section 11 of the Marriage Act;

                              (d)    any other documentary evidence concerning the marriage to be registered that is satisfactory to the Registrar.

(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)    a person satisfactory to the Registrar.

(4)  An order of the Alberta Court of Queen’s Bench may be used as evidence for the purposes of this section if the order contains the following information and indicates that the court is satisfied that the information is correct:

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

                              (b)    that the persons named in the order were married in Alberta and, if known, the place in Alberta where the marriage occurred;

                               (c)    the date when the marriage occurred;

                              (d)    that in the opinion of the court the marriage is valid.

Order to annul a marriage

21   For the purposes of section 21.1(1) of the Act, an order, judgment or decree of the Alberta Court of Queen’s Bench respecting an annulment must contain

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

                              (b)    the date of the annulled marriage and the place in Alberta where the annulled marriage occurred, and

                               (c)    a statement confirming that the marriage is annulled.

Proof of identity — electronic registration systems
and transactions

22   Despite section 23, a person wishing to access an electronic application, electronic registration, electronic transaction or other electronic service must submit information satisfactory to the Registrar to establish the identity of that person in a manner that is satisfactory to the Registrar.

Proof of identity — general

23(1)  Except as provided in section 22, where an applicant for information, services or records is required under the Act or regulations to provide proof of identity, 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 on which 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 the Alberta Court of Queen’s Bench if the order

                               (a)    sets out the person’s full name and date of birth,

                              (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 1 year prior to the date on which it is 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 the Alberta Court of Queen’s Bench that meets the requirements of subsection (2).

Proof of applicant’s eligibility to change a person’s name

24(1)  For the purposes of Part 3 of the Act, an applicant seeking to change the name of their spouse in a subsisting marriage, a represented adult, their adult interdependent partner, their child or their ward must provide documentary evidence satisfactory to the Registrar of their eligibility to make the application, in accordance with this section.

(2)  An applicant seeking to change the name of their spouse in a subsisting marriage must provide the following proof of marital status:

                               (a)    if the person was married in Canada, a copy of a valid document issued by the government of that province or territory in which the marriage occurred;

                              (b)    if the person was married outside Canada,

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

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

(3)  An applicant seeking to change the name of their adult interdependent partner must provide a statutory declaration satisfactory to the Registrar confirming their relationship.

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

                               (a)    the full names of the parties to the marriage, the date of the marriage and the place where the marriage occurred, and

                              (b)    the reasons why the document cannot be obtained.

(5)  An applicant who is a parent seeking to change the name of their child must provide the following proof of parentage:

                               (a)    if the child was born in Alberta, a valid birth certificate, a certified copy of a birth record or the equivalent document issued under a former Act that shows that the applicant is a parent of the child whose name is to be changed;

                              (b)    if the child was born 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 clause (a);

                               (c)    if the child was born outside Canada,

                                        (i)    a valid document issued by the government of the place where the birth occurred that is equivalent to a document referred to in clause (a), or

                                      (ii)    an immigration record that identifies the parent and the child if the document shows the parental relationship between the applicant and the child.

(6)  Where the document referred to in subsection (5)(c) cannot be provided, the applicant must provide to the Registrar an affidavit signed by the applicant that sets out the following:

                               (a)    the full name of the parent or parents;

                              (b)    the date and place of birth of the child;

                               (c)    the legal name of the child;

                              (d)    the reason why the document referred to in subsection (5)(c) cannot be provided.

(7)  An applicant who is a guardian seeking to change the name of a child or represented adult under guardianship must provide proof satisfactory to the Registrar of the guardianship.

General consent

25(1)  Unless otherwise provided in the Act or regulations, where a person’s consent is required, the consent must be provided in accordance with this section, in the form established by the Registrar.

(2)  The person eligible to provide consent must provide the following information to the satisfaction of the Registrar:

                               (a)    their full name;

                              (b)    their contact information;

                               (c)    their signature;

                              (d)    the date of their signature, which must be within one year of the application;

                               (e)    the full name of the person to whom the consent is being provided and their relationship to that person, where applicable;

                               (f)    the purpose for which the consent is being provided.

(3)  The information provided by a person giving consent must be witnessed by a person who

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

                              (b)    in the opinion of the Registrar,

                                        (i)    is not involved in and does not stand to benefit or be impacted by the application or service being requested, and

                                      (ii)    is not otherwise in a conflict of interest with respect to the application or service being requested.

(4)  A witness to a person’s consent must provide the following information to the satisfaction of the Registrar:

                               (a)    their full name;

                              (b)    their contact information;

                               (c)    their relationship to the person providing consent;

                              (d)    their signature;

                               (e)    the date of their signature, which must be within one year of the application.

Waiving consent

26   For the purposes of section 51.2 of the Act, the Registrar may conclude that

                               (a)    a child is unable to give consent, on receipt of an affidavit satisfactory to the Registrar,

                              (b)    a represented adult is unable to give consent, when there is a guardianship order in effect under Part 2, Division 3 of the Adult Guardianship and Trusteeship Act or under the equivalent legislation of another jurisdiction, and

                               (c)    the child or represented adult is unable to give consent, if the Registrar is provided any other documentary evidence demonstrating the incapacity to the satisfaction of the Registrar.

Evidence required for registration of a death after one year

27(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 sufficient documentary evidence listed in subsection (2) respecting the death to establish to the satisfaction of the Registrar

                               (a)    the full name of the deceased,

                              (b)    the date of death and the place in Alberta where the death occurred, and

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

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

                               (a)    a copy of the medical 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;

                               (g)    any other document or information satisfactory to the Registrar.

(3)  An order of the Alberta Court of Queen’s Bench 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 name of the deceased;

                              (b)    the date when the death occurred;

                               (c)    the place in Alberta where the death occurred, if known;

                              (d)    the age of the deceased, if known.

Evidence required for registration of death
of an unidentified body after one year

28(1)  Despite section 27, the evidence required for the registration of death of an unidentified body after one year is the medical certificate of death completed in accordance with the Vital Statistics Information Regulation.

(2)  An affidavit under section 35 of the Act is not required for the registration of death of an unidentified body.

Burial permits

29(1)  A hospital administrator, a funeral director or the Registrar may issue a burial permit in respect of a stillborn child only if the hospital administrator, the funeral director 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, the funeral director or the 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.

Disinterment and reinterment permit

30(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 and reinterment permit in accordance with sections 42 and 43 of the Act may be made by persons in the following order of priority:

                               (a)    a personal representative, an executor or an administrator of the deceased person’s estate; 

                              (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 person who was a guardian of the deceased at the time of death

                                        (i)    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, or

                                      (ii)    under the equivalent legislation of another province or territory;

                               (f)    an adult grandchild of the deceased;

                               (g)    an adult sibling of the deceased;

                              (h)    an adult child of a sibling of the deceased;

                               (i)    the Public Trustee or the agent of a Public Trustee;

                               (j)    an adult person having an interest in the deceased or the estate of the deceased;

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

(3)  If, under subsection (2)(a) or (c) to (h), there is more than one person of equal rank eligible to apply for a disinterment and reinterment permit,

                               (a)    all of the eligible persons of equal rank who are willing to act must agree to the application, or

                              (b)    subsection (9) applies.

(4)  Subject to subsection (5), 

                               (a)    if there is only one person in the highest eligible rank having the right to apply for a disinterment and reinterment permit under this section and that person is unwilling to act,

                                        (i)    their interest is waived, and

                                      (ii)    the right to apply for a disinterment and reinterment permit under this section passes to available persons, if any, in the next eligible rank,

                                  and

                              (b)    if there is more than one person in the highest eligible rank having the right to apply for a disinterment and reinterment permit under this section,

                                        (i)    the interest of any eligible person in that rank who is unwilling to act is waived, and

                                      (ii)    an application can be made by the joint agreement of all the eligible persons in that rank who are willing to act.

(5)  If a person in the highest eligible rank objects to the proposed disinterment and reinterment, and any other persons in that rank with the right to apply wish to apply for a disinterment, subsection (9) applies.

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

                               (a)    in respect of the applicant,

                                        (i)    the applicant’s full name and contact information,

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

                                     (iii)    the applicant’s signature.

                              (b)    in respect of any person or business who submits the application on behalf of the applicant, the full name and contact information of the person or business,

                               (c)    in respect of the deceased,

                                        (i)    the deceased person’s full name,

                                      (ii)    the date of death and the place where the death occurred,

                                     (iii)    the name and location where the deceased is currently interred,

                                     (iv)    the name and location of the cemetery, crematorium or other place of disposition where the deceased person’s remains will be disposed, and

                                       (v)    the full name and contact information of the person to whom the disinterment permit is to be delivered,

                                  and

                              (d)    any other information required by the Registrar.

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

(8)  This section applies, with any necessary modifications, to an application for a permit that is limited to

                               (a)    the disinterment of a dead human body under section 42 of the Act, or

                              (b)    the reinterment of a dead human body under section 43(3) of the Act.

(9)  Where

                               (a)    there is a dispute concerning a disinterment and reinterment permit under this section,

                              (b)    a person whose agreement is required is unavailable, or

                               (c)    the Registrar otherwise considers appropriate,

an applicant may apply to the Alberta Court of Queen’s Bench for an order in respect of the application.

(10)  An order referred to in subsection (9) must

                               (a)    identify the deceased,

                              (b)    indicate whether the Registrar should issue or refuse to issue a disinterment and reinterment permit or a permit that is limited to

                                        (i)    the disinterment of a dead human body under section 42 of the Act, or

                                      (ii)    the reinterment of a dead human body under section 43(3) of the Act,

                                  and

                               (c)    indicates, if a permit is to be issued under this section, the applicant to whom the permit should be issued.

Disinterment permit for an unidentified body

31(1)  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)    provides a copy of an order of the Alberta Court of Queen’s Bench authorizing the issuance of a disinterment permit.

(2)  The order referred to in subsection (2)(b) must contain

                               (a)    the location of the unidentified body to be disinterred,

                              (b)    the arrangements that have been made for reinterment or other disposition of the unidentified body, including the location of the reinterment, 

                               (c)    evidence, to the satisfaction of the Registrar, to distinguish the unidentified body from other bodies, and

                              (d)    the name of the person to whom the permit is to be issued.

Certificates

32(1)  At the Registrar’s discretion, the information that may appear on certificates issued pursuant to section 48 of the Act is,

                               (a)    for a birth certificate,

                                        (i)    the legal name of the person as recorded on the birth record,

                                      (ii)    the date of birth and the place in Alberta where the person was born,

                                     (iii)    the sex of the person,

                                     (iv)    the full names and places of birth of the persons listed as parents on the person’s birth record,

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

                                     (vi)    the registration number assigned to it, and

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

                              (b)    for a marriage certificate,

                                        (i)    the full names of the spouses as recorded on the marriage record,

                                      (ii)    the date of the marriage and the place in Alberta where the marriage occurred,

                                     (iii)    the places of birth of the spouses,

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

                                       (v)    the registration number assigned to it, and

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

                               (c)    for a certificate of death,

                                        (i)    the full name of the deceased as recorded on the death record,

                                      (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 of death and the place in Alberta where the 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;

                              (d)    for a certificate of change of name,

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

                                      (ii)    the new full 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)  If the person in respect of whom a birth certificate or a certified copy of a birth record is being issued is deceased, the Registrar must ensure that “Deceased” is printed prominently on the front of the certificate or certified copy of the birth record, as the case may be.

Handling of documents

33(1)  A hospital administrator, a funeral director, a nurse practitioner or a midwife must keep in a secure place any of the following forms and documents that are in that person’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;

                               (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, a funeral director, a nurse practitioner or a midwife 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, a funeral director, a nurse practitioner or a midwife must ensure that

                               (a)    only the current forms established by the Registrar are used for purposes of the Act, this Regulation and the Vital Statistics Information Regulation,

                              (b)    forms that are no longer current are destroyed by being shredded by the hospital administrator, the funeral director, the nurse practitioner or the midwife or by a bonded company engaged by the hospital administrator, the funeral director, the nurse practitioner or the midwife, and

                               (c)    any vital statistics information that may be in their possession but which is not needed for the performance of their duties under the Act is

                                        (i)    in the case of a paper record, destroyed by being shredded by the hospital administrator, the funeral director, the nurse practitioner or the midwife or by a bonded company engaged by the hospital administrator, the funeral director, the nurse practitioner or the midwife, or

                                      (ii)    in the case of an electronic record,

                                              (A)    properly disposed of by the hospital administrator, nurse practitioner or midwife, in accordance with the Health Information Act, or

                                              (B)    permanently deleted by the funeral director, so as to prevent any reasonably anticipated unauthorized use or disclosure or unauthorized access to the information following its disposal.

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

Fees

34(1)  The fees for services under the Act are set out in the Schedule to this Regulation.

(2)  No fees may be charged for

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

                              (b)    issuing a replacement document to a person because the previously issued document contained information inconsistent with that on the record, on the return of the previously issued document,

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

                              (d)    an amendment to a death record 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,

                               (a)    enter into an agreement with an applicant seeking information under section 41 of the Vital Statistics Information Regulation, including the fees to be charged, if any, and

                              (b)    include provisions in an agreement with an applicant seeking information under section 42 of the Vital Statistics Information Regulation concerning the fees to be charged, if any.

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

Transitional

35(1)  All registrations, applications and information submitted to the Registrar on or before the coming into force of this regulation shall proceed and be used as if the registration, application or information had been submitted under this regulation.

(2)  Following the coming into force of this regulation the Registrar may, in the Registrar’s discretion, accept a registration, application or information submitted to the Registrar in the form required immediately before the coming into force of this regulation.

(3)  The Registrar may request additional information consistent with the Act, this Regulation or the Vital Statistics Information Regulation, with respect to any registration, application or information referred to in this section.

Repeal

36   The Vital Statistics Ministerial Regulation (AR 12/2012) is repealed.

Expiry

37   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, 2021.

Coming into force

38   This Regulation comes into force on the coming into force of section 38 of the Vital Statistics and Life Events Modernization Act, SA 2016 c26.


Schedule

Fees

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 a search of

registration records and report, for each name                  20

5   Fee for a certificate of

birth                                                                                          20
marriage                                                                                   20
death                                                                                         20
change of name                                                                       20

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

birth                                                                                          20
stillbirth                                                                                   20
marriage                                                                                   20
death                                                                                         20

7   Fee for a certified copy of a medical or interim medical certificate of

death or stillbirth                                                                    20