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VITAL STATISTICS AND LIFE EVENTS MODERNIZATION ACT

Bill 29

VITAL STATISTICS AND LIFE EVENTS
MODERNIZATION ACT

Chapter 26

(Assented to December 9, 2016)

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”;

                            (c)    by repealing clause (j) and substituting the following:

                                  (j)    “funeral director” means a person who holds a funeral director licence under the Funeral Services Act or a person designated by the holder of a funeral director licence to perform duties or functions under this Act;

                           (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;

                            (e)    in clause (o) by striking out “registration document” and substituting “record”;

                            (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;

                             (o.2)    “prescribed” means prescribed by regulation;

                           (g)    by repealing clause (t) and substituting the following:

                                  (t)    “resident of Alberta” means a person who

                                        (i)    is lawfully entitled to be or to remain in Canada, and

                                      (ii)    makes his or her home in and is ordinarily present in Alberta;

 

3   The heading to Part 1 is repealed and the following is substituted:

Part 1
Birth, Adoption and Stillbirth

 

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.

                           (b)    by adding the following after subsection (3):

(3.1)  If a birth does not take place in a hospital as defined in section 1 of the Hospitals Act and the hospital administrator is satisfied that the birth occurred in Alberta, a notice of birth may be completed and delivered to the Registrar by or on behalf of the hospital administrator in accordance with the regulations.

                            (c)    in subsection (4) by adding “or (3.1),” after “subsection (3)”;

                           (d)    by repealing subsection (5);

                            (e)    by adding the following after subsection (6):

(7)  The Registrar may accept any other document or information provided by or on behalf of a hospital administrator in connection with the delivery of a notice of birth under subsection (3) or (3.1).

 

6   Section 8 is amended

                            (a)    in subsection (1)

                                  (i)    in clause (a) by striking out “registration document” and substituting “record”;

                                 (ii)    in clause (b) by striking out “registration document” wherever it appears and substituting “record”;

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

(3)  Notwithstanding subsection (2), where a child’s birth registration document does not show a first name or last name for the child, or the last name shown does not meet the requirements of subsection (5) or is unacceptable according to the criteria set out in section 51.3, the Registrar may register the birth.

                            (c)    in subsection (4)

                                  (i)    by striking out “no certificate of birth or copy” and substituting “no birth certificate or certified copy”;

                                 (ii)    by striking out “shown on the birth registration document” and substituting “shown on the birth record”;

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

(5)  The last name of a child must be registered as follows:

                                 (a)    if the parents agree, showing the last name or names they have agreed to use;

                                 (b)    if the parents do not agree on the last name or names to be used, showing the last name of each parent’s legal name, hyphenated, in alphabetical order;

                                 (c)    if only one parent is listed on the birth record, showing the last name or names the parent wishes to use;

                                 (d)    in any other case, in the prescribed manner.

                            (e)    by adding the following after subsection (5):

(6)  If a child’s last name is registered pursuant to subsection (5)(b) and the parents later agree on a different last name or names for the child, they may submit to the Registrar by affidavit in accordance with the regulations a joint application to change the last name.

 

7   Section 9 is repealed.

 

8   Section 10 is amended by striking out “registration document” wherever it occurs and substituting “record”.

 

9   Section 11 is amended

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

Amendment of parentage on birth record

11(1)  In this section, “parent” means a parent as defined in section 1(j) of the Family Law Act.

(1.1)  This section does not authorize any application in respect of a registration of surrogate birth or the registration of an adoption.

                           (b)    by repealing subsection (2) and substituting the following:

(2)  An application to amend the particulars of parentage and, if applicable, to change the name shown on the birth record of a child who is under 18 years of age or of a child who died before reaching 18 years of age may be made to the Registrar

                                 (a)    jointly by the parents by affidavit, where the purpose of the application is to add the particulars of one of them to the birth record,

                                 (b)    by a parent by affidavit, pursuant to a declaration of parentage under section 9 of the Family Law Act or a substantially equivalent order made in Canada, or

                                 (c)    by a parent by affidavit, if a parent died after the child was conceived but within one year after the birth of the child.

                            (c)    by adding the following after subsection (2)

(2.1)  If an application under subsection (2)(a) or (c) includes a request to change the name of a child who is 12 years of age or over, the consent of the child is required.

(2.2)  The Registrar, on being satisfied by the evidence submitted in an application under subsection (2) that the application is made in good faith and meets the requirements of this Act, and on payment of the prescribed fee, shall amend the birth record accordingly.

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

                                 (b)    subject to subsection (4), a foreign order respecting parentage that is substantially equivalent to a declaration of parentage under the Family Law Act that was made by a court of competent jurisdiction under an enactment of a jurisdiction outside Canada,

but the person is not identified as a parent on the child’s birth record, that person may apply to the Court of Queen’s Bench for an order directing the Registrar to

                                 (c)    add the person’s particulars of parentage on the child’s birth record,

                                 (d)    amend the particulars of parentage shown on the child’s birth record, or

                                 (e)    amend the name of the child shown on the child’s birth record, if the child is under 18 years of age.

                            (e)    in subsection (4)(a) by striking out “registration document” and substituting “record”;

                            (f)    in subsection (5) by striking out “registration document” and substituting “record”;

                           (g)    in subsection (6) by striking out “registration document” and substituting “record”;

                           (h)    in subsection (7) by striking out “sections 8 and 9” and substituting “sections 8 and 51.3”;

                             (i)    by repealing subsection (8)(a) and substituting the following:

                                 (a)    the name, place of birth, date of birth and sex of the parent that is being either added to or deleted from the birth record, and

 

10   Section 13(7) and (8) are amended by striking out “registration document” and substituting “record”.

 

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.

                           (b)    by repealing subsection (2) and substituting the following:

(2)  The Registrar shall not use or disclose copies of the original birth registration documents or any accompanying entry, document or court order referred to in this section, except

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

                                 (b)    pursuant to an order of the Court of Queen’s Bench that contains the prescribed information, to a person named in the order.

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

(3)  No birth certificate or certified copy of the birth registration document may be issued under this Act in respect of the original birth registration document relating to a birth in respect of which a surrogate birth has been registered.

 

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.

                            (c)    in subsection (4)

                                  (i)    by striking out “registration document” and substituting “record”;

                                 (ii)    by repealing clause (a) and substituting the following:

                                       (a)    where the applicant is a parent, the applicant makes an affidavit stating that the applicant is the only guardian,

                           (d)    in subsection (8) by striking out “registration document” and substituting “record”.

 

13   Section 16 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “, the Registrar shall register the adoption and if there is registered in the office of the Registrar a birth registration document of the adopted person, the Registrar shall replace it with a new birth registration document” and substituting “or the Adult Adoption Act, the Registrar shall register the adoption, and if there is registered in the office of the Registrar a birth registration document of the adopted person, the Registrar shall replace it with a new birth registration document in accordance with the regulations”;

                                 (ii)    in clause (a) by striking out “the date and place of birth” and substituting “the date of birth, place of birth and sex”;

                           (b)    by repealing subsection (2);

                            (c)    in subsection (5)

                                  (i)    by striking out “the record of the person’s birth” and substituting “the person’s birth record”;

                                 (ii)    by striking out “or assumed name as well as the person’s natural”.

 

14   The following is added after section 16:

Rescinding of adoption order

16.1(1)   On receipt of a certified copy of an order rescinding an adoption made under the Child, Youth and Family Enhancement Act or the Adult Adoption Act, the Registrar shall, in accordance with the regulations, rescind the registration of adoption and amend the birth record.

(2)  When an adoption is rescinded pursuant to an order, judgment or decree of adoption made by a court of competent jurisdiction in another jurisdiction, the Registrar, on

                                 (a)    receipt of a certified copy of the order, judgment or decree rescinding the adoption, and

                                 (b)    production of evidence satisfactory to the Registrar of the identity of the person,

if there is registered in the Registrar’s office a birth registration document of that person, shall restore the previous birth registration document.

(3)  When the adoption of a person born outside Alberta pursuant to the Child, Youth and Family Enhancement Act or the Adult Adoption Act is rescinded, the Registrar may transmit a copy of the order rescinding the adoption to the person having charge of the registration of births in the jurisdiction in which the person was born.

(4)  If a registration of adoption is rescinded and a birth record is amended or a birth registration document is restored under this section, the Registrar may require any person to return to the Registrar any previously issued registration of adoption, birth certificates, certified copies of the birth record or information relating to the registration of adoption or birth record in the person’s possession.

 

15   Section 17 is amended

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

                                 (a)    to the Minister responsible for the Child, Youth and Family Enhancement Act, for release to the adopted person in accordance with that Act,

                                 (b)    to the Minister responsible for adoptions in another province or territory of Canada in accordance with the laws of that jurisdiction,

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

                                 (d)    in accordance with the regulations.

                           (b)    in subsection (2) by striking out “certificate” and substituting “birth certificate or certified copy of the birth registration document”.

 

16   Section 18 is repealed and the following is substituted:

Birth certificate after adoption

18   Subject to section 16.1, if a person born in Alberta is adopted pursuant to the laws of Alberta or of another jurisdiction and an adoption has been registered pursuant to section 16, any birth certificate or certified copy of the birth registration document of that person subsequently issued by the Registrar

                                 (a)    must be in accordance with the registration of the adoption, and

                                 (b)    in any case where parentage is shown, must indicate the legal parents in accordance with Part 2 of the Child, Youth and Family Enhancement Act, section 9 of the Adult Adoption Act or the equivalent legislation of the jurisdiction in which the adoption occurred.

 

17   Section 19 is amended

                            (a)    in subsection (4) by adding “15, 33,” after “14,”;

                           (b)    by adding the following after subsection (4):

(4.1)  Despite subsection (4), sections 8(2) and (4) and 11(2)(b) do not apply to stillbirths.

 

18   The heading to Part 2 is repealed and the following is substituted:

Part 2
Marriage

 

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.

 

22   The heading to Part 3 is repealed and the following is substituted:

Part 3
Change of Name

 

23   Section 22 is amended

                            (a)    in subsection (1)(a) by striking out “registration document” and substituting “record”;

                           (b)    in subsection (2)(b) by striking out “an adult interdependent partner or the parent or guardian of a child” and substituting “divorced, widowed, an adult interdependent partner or the parent or guardian of a minor”.

 

24   Section 23 is amended

                            (a)    by repealing subsection (2) and substituting the following:

(2)  Subject to subsections (3), (4), (6), (6.1) and (8), any person referred to in section 22(2) may apply to change the first name or last name of

                                 (a)    a child, if the person is a parent or guardian of the child, or

                                 (b)    a represented adult, if the person is a guardian of the represented adult under Part 2, Division 3 of the Adult Guardianship and Trusteeship Act or under the equivalent legislation of another jurisdiction.

                           (b)    in subsection (3)

                                  (i)    by striking out “registration document” and substituting “record”;

                                 (ii)    by repealing clause (a) and substituting the following:

                                       (a)    where the applicant is a parent, the applicant makes an affidavit stating that the applicant is the only guardian,

                            (c)    by repealing subsection (5);

                           (d)    by adding the following after subsection (6):

(6.1)  If an application to change a name under subsection (2) is in respect of the name of a represented adult, the consents of all guardians of that person under Part 2, Division 3 of the Adult Guardianship and Trusteeship Act or under the equivalent legislation of another jurisdiction are required except the consent of any guardian whose consent has been dispensed with by a court order under section 69.

                            (e)    in subsection (7)(a)(i) by striking out “registration document” and substituting “record”;

                            (f)    by adding the following after subsection (7):

(8)  An application under this Part may not be made

                                 (a)    in respect of a deceased person;

                                 (b)    in respect of a stillborn child.

 

25   Section 24 is amended

                            (a)    in subsection (2)

                                  (i)    in clause (a) by striking out “setting out the reasons for the change of name”;

                                 (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;

                                (iii)    in clause (e) by striking out “in the regulations”;

                                (iv)    by adding the following after clause (i):

                                    (i.1)    if the applicant is applying to change the name of a represented adult, an affidavit declaring that the applicant is a guardian of the represented adult under Part 2, Division 3 of the Adult Guardianship and Trusteeship Act or under the equivalent legislation of another jurisdiction;

                           (b)    by adding the following after subsection (3):

(3.1)  The Registrar shall retain the birth and marriage certificates filed under subsections (2)(c)(i) and (2)(e) in the records of the Registrar’s office.

                            (c)    in subsection (4) by striking out “or” at the end of clause (b), adding “or” at the end of clause (c) and adding the following after clause (c):

                                 (d)    any person granted access to the documents or copies by court order.

26   Section 25 is amended

                            (a)    in subsection (1) by striking out “section 9” and substituting “section 51.3”;

                           (b)    by repealing subsection (2).

 

27   Section 26 is repealed.

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28   Section 27 is amended

                            (a)    in subsection (3) by striking out “record of birth or” and substituting “birth record or record”;

                           (b)    in subsection (4) by striking out “registration document” wherever it occurs and substituting “record”;

                            (c)    by repealing subsection (5).

 

29   Section 29 is repealed.

 

30   The following is added before the heading to Part 4:

Part 3.1
Non-binary Identifier

Government to implement non‑binary identifier

29.1(1)  In this Part, “non‑binary identifier” means an identifier that signifies non‑binary gender and that may be used instead of the sex identifiers “M” and “F”.

(2)  A non‑binary identifier may be used on vital event records in accordance with the regulations.

 

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.

32   The heading to Part 5 is repealed and the following is substituted:

Part 5
Death

 

33   Section 33 is amended

                            (a)    in subsection (1) by striking out “International Statistical Classification of Diseases, Injuries and Causes of Death” and substituting “International Statistical Classification of Diseases and Related Health Problems”;

                           (b)    by repealing subsection (4) and substituting the following:

(4)  When an interim medical certificate of death is issued under subsection (3), the physician or the medical examiner shall complete, sign and deliver to the Registrar the medical certificate of death referred to in subsection (2)

                                 (a)    within 60 days after the interim medical certificate of death is issued, or

                                 (b)    if a neurological cause of death is involved, within 6 months after the interim certificate of death is issued.

.                           (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.

 

34   Section 37 is amended by renumbering it as section 37(1) and by adding the following after subsection (1):

(2)  Section 35 does not apply to the registration of a presumed death.

 

35   Section 38 is amended by striking out “birth certificate or” and substituting “birth certificate or certified copies of the”.

 

36   Section 42 is amended

                            (a)    in subsection (2)

                                  (i)    in clause (a) by striking out “eligibility requirements prescribed in the regulations” and substituting “prescribed eligibility requirements”;

                                 (ii)    in clause (c) by striking out “information prescribed in the regulations” and substituting “prescribed information”;

                                (iii)    in clause (d) by striking out “that are substantially similar to a medical certificate of death” and substituting “that establish the cause of death to the satisfaction of the Registrar”;

                           (b)    in subsections (3) and (4) by striking out “the Bodies of Deceased Persons Regulation (AR 14/2001)” and substituting “the Bodies of Deceased Persons Regulation (AR 135/2008)”;

                            (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.

                           (b)    in subsection (3)(b) by striking out “information prescribed in the regulations” and substituting “prescribed information”.

 

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).

 

42   Section 49(1) and (2) are repealed and the following is substituted:

Certified copies

49(1)  In this section and in sections 50 and 51, “registration record” means a registration document or a registration extract and includes an amending document and any supporting documents relating to the registration document, the registration extract or the amending document.

(2)  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 certified copy of a registration record of a birth, stillbirth, marriage or death of any person if the Registrar is satisfied that it is not to be used for an unlawful or improper purpose.

 

43   Section 50 is amended

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

Historical records

50(1)  Despite sections 14, 17 and 18, a record may be transferred to the Provincial Archives for management, including release on request, in accordance with the Provincial Archives Program, if

                                 (a)    in the case of a birth record, including where an adoption or surrogacy has occurred, 120 years has elapsed since the date of the birth or 50 years has elapsed since the date of the death,

                                 (b)    in the case of a stillbirth record, 75 years has elapsed since the date of the stillbirth,

                                 (c)    in the case of a marriage record, 75 years has elapsed since the date of the marriage, and

                                 (d)    in the case of a death record, 50 years has elapsed since the date of the death

of the person to whom the request relates.

                           (b)    by repealing subsection (3).

 

44   The following is added after section 51:

Registrar’s discretion to accept a copy

51.1   The Registrar may, in the Registrar’s discretion, accept a copy, including a facsimile version, of a document if a person who is applying for a registration under this Act is unable to provide the original of the document.

Registrar’s discretion to waive consent

51.2   The Registrar may, in the Registrar’s discretion,

                                 (a)    waive a requirement under this Act for a child’s consent if the Registrar is satisfied that the child is unable to give consent in accordance with the regulations, and

                                 (b)    waive a requirement under this Act for a person’s consent if the Registrar is satisfied that the person is a represented adult under Part 2, Division 3 of the Adult Guardianship and Trusteeship Act or under the equivalent legislation of another jurisdiction.

Registrar’s discretion to register a name

51.3(1)  Despite section 8, the Registrar may, in the Registrar’s discretion, refuse to register a name proposed under Part 1 or Part 3 if

                                 (a)    the proposed name does not include a first and last name,

                                 (b)    in the Registrar’s opinion the proposed name might

                                        (i)    reasonably be expected to cause confusion,

                                      (ii)    be a cause of embarrassment to any person,

                                     (iii)    be used in a manner that could defraud or mislead the public, or

                                     (iv)    be objectionable on any other grounds,

                                      or

                                 (c)    in the Registrar’s opinion the application for change of name in question is made in respect of a person who has made frequent changes of registered name.

(2)  Subject to the approval of the Registrar, a person’s name may be chosen in accordance with the person’s cultural or ethnic heritage.

(3)  If the Registrar refuses to register a proposed change of name, the Registrar shall notify the applicant of the refusal and the reason for the refusal.

 

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.

 

46   Section 56 is amended

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

(3)  If, on receipt of written submissions or other evidence satisfactory to the Registrar, the Registrar is satisfied that a registration referred to in subsection (1) was based on a fraudulent or improperly made application, including an application made as the result of duress or misrepresentation, and should not have been registered, the Registrar may

                                 (a)    cancel or amend the registration,

                                 (b)    demand the return of any certificate or copy issued on the basis of the registration,

                                 (c)    provide notice of the cancellation or amendment to persons whose consent was required in respect of the registration, and

                                 (d)    transmit a notice of the cancellation or amendment to an official responsible for the registration of vital statistics in another jurisdiction for the purpose of updating the records of that jurisdiction.

(3.1)  If, on receipt of written submissions or other evidence satisfactory to the Registrar, the Registrar is satisfied that a certificate or copy issued in respect of a registration was fraudulently or improperly obtained or is being used for fraudulent or improper purposes, the Registrar may demand the return of the certificate or copy.

                           (b)    by adding the following after subsection (5):

(6)  When an official responsible for the registration of vital statistics in another province or territory of Canada has cancelled or annulled a registration on the basis that the registration was based on a fraudulent or improperly made application or that a certificate or copy issued in respect of the registration is being used for fraudulent or improper purposes, the Registrar, on receipt of proof of the cancellation or annulment, may amend the corresponding Alberta registration accordingly.

 

47   Section 58 is repealed.

 

48   Section 60 is repealed and the following is substituted:

Amendment after registration

60(1)  If after a registration document has been registered by the Registrar it is reported to the Registrar that an error exists in the registration document, the Registrar shall inquire into the matter and, if satisfied that an error exists, may amend the registration document.

(2)  For the purposes of this section, the Registrar may require production of proof of identity, an affidavit or any prescribed evidence or other evidence that is satisfactory to the Registrar and payment of the prescribed fee.

(3)  If the Registrar determines that an error exists in the registration record and amends the registration record,

                                 (a)    every record, registration certificate, certified copy, information or report in respect of the person referred to in the registration document must be issued in accordance with the registration record as amended, and

                                 (b)    the Registrar may require the return of original registration certificates or certified copies of a registration record that are in that person’s possession or control.

 

49   The following is added after section 60:

Return of documents

60.1   If a person who has in that person’s possession or control a certificate or copy of a registration record and is required to return it under this Act fails to do so, the Registrar may apply to the Court of Queen’s Bench, ex parte or on any notice that the Court may direct, for an order requiring the return of the certificate or copy of a registration record.

 

50   Section 61(4) is repealed.

 

51   The following is added after section 61:

Registrar’s application for direction

61.1   The Registrar may apply to the Court of Queen’s Bench for the opinion, advice or direction of the Court regarding any matter under this Act.

 

52   Section 62(3) is amended by adding the following after clause (k):

                            (l)    release of a copy of a court order under section 14, 16, 16.1 or 47.1.

 

53   Section 63(2) is repealed and the following is substituted:

(2)  Notwithstanding subsection (1), the Registrar may

                                 (a)    as the Registrar considers to be appropriate in all the circumstances, communicate or allow to be communicated in accordance with the regulations information obtained under this Act in relation to an incomplete registration, and

                                 (b)    compile, furnish or publish statistical data that does not disclose information in individually identifiable form with respect to a particular person.

 

54   Section 67(4) is repealed and the following is substituted:

(4)  If the Registrar is not satisfied as to the truth or sufficiency of any information provided pursuant to this Act,

                                 (a)    the Registrar may, for the purpose of obtaining the additional evidence or information the Registrar considers necessary,

                                        (i)    request further information from any person,

                                      (ii)    require the attendance of the person who provided the information or of any other person having knowledge of the facts,

                                     (iii)    examine the person respecting any matter pertaining to the information, and

                                     (iv)    require further affidavit evidence from any person,

                                      and

                                 (b)    the applicant may apply to the Court of Queen’s Bench for an order in respect of the application and the truth or sufficiency of any information provided in support.

 

55   Section 69(2) is amended by adding “or an application to amend the sex on a child’s birth record” after “application to amend or change the name of a child”.

 

56   Section 74 is amended by adding the following after subsection (1):

(1.1)  A person who contravenes any provision of the regulations is guilty of an offence.

 

57   Section 76(1) is amended

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

                              (a.1)    respecting agreements that the Registrar may enter into to give access to or information from a register or to provide copies of or information from a record maintained for the purposes of this Act;

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

                             (b.1)    respecting information that may or must be provided and any other matter relating to an application for amendment of the sex on a birth record and the requirements for completing documents for registration;

                             (b.2)    identifying medical professionals for the purposes of section 30.2(2)(a);

                             (b.3)    respecting information that may or must be provided and any other matter relating to a request for amendment of the sex on the record of a subsisting marriage and the requirements for completing documents for registration;

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

                              (c.1)    respecting information that may or must be provided and any other matter relating to the subsequent amendment of a registration of birth, death, stillbirth, adoption, marriage or a change of name under this Act;

                              (c.2)    respecting or varying, for the purpose of establishing electronic registration systems and transactions, the information that may or must be contained in

                                        (i)    a statement, application, form, document or other information that may be submitted to or received by the Registrar by electronic means,

                                      (ii)    a registration under this Act that may be performed by electronic means, and

                                     (iii)    certificates, commemorative certificates and certified copies under this Act issued by electronic means;

                           (d)    by repealing clause (d) and substituting the following:

                                 (d)    respecting the vital event records for which non‑binary identifiers may be used for the purposes of section 29.1;

                                 (e)    respecting the manner in which non‑binary identifiers may be used on vital event records for the purposes of section 29.1;

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

                                 (f)    respecting the notices referred to in section 33(5);

                                 (g)    identifying the persons who may complete a medical certificate of death or an interim medical certificate of death for the purposes of section 33(6);

                                 (h)    respecting the evidence referred to in section 33(6).

 

58   Section 77 is amended

                            (a)    in clause (i) by striking out “for the purposes of section 24(2)(g)” and substituting “for the purposes of this Act”;

                           (b)    in clause (j) by adding “or commemorative certificates issued under section 48.1” after “certificates issued under section 48”;

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

                              (l.1)    respecting the information that must be provided in a court order, judgment or decree referred to in section 14(2)(b), 16(1) or (2), 16.1(1) or (2), 21.1(1) or 47.1;

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

                            (m.1)    defining any word or expression used but not defined in this Act or, within the meaning of this Act, further defining or setting out criteria respecting a word or expression that is defined in this Act;

                            (m.2)    respecting the submission and receipt by electronic means of any statement, application, form, document or other information required to be submitted to the Registrar;

                            (m.3)    respecting the electronic means to be used when a signature is required under this Act, including the verification of identity by alternative electronic means;

                            (m.4)    respecting the completion of a registration under this Act by electronic means;

                            (m.5)    respecting the issuance of certificates and certified copies under this Act by electronic means and their evidentiary status and treatment;

                            (m.6)    respecting the conduct of reviews and audits of persons authorized to provide services and of functions carried out by those persons relating to the administration of this Act;

                            (m.7)    respecting the restriction or suspension of database access or the right to make electronic applications and submissions;

 

Amends SA 2003 cF‑4.5

59(1)  The Family Law Act is amended by this section.

(2)  Section 9(8)(a) is amended by striking out “less than 12 years of age” and substituting “less than 18 years of age”.

 

Part 2
Marriage Act

Amends RSA 2000 cM‑5

60 The Marriage Act is amended by this Part.

 

61 Section 17(2) is repealed.

 

62  Section 27 is repealed and the following is substituted:

Capacity issues

27(1)  Except as provided in subsection (2), no person shall issue a marriage licence when the person knows or has reason to believe that there is in effect with respect to a party to the intended marriage

                                 (a)    a guardianship order or trusteeship order under the Adult Guardianship and Trusteeship Act or equivalent legislation of another jurisdiction,

                                 (b)    a certificate of incapacity under the Adult Guardianship and Trusteeship Act or equivalent legislation of another jurisdiction, or

                                 (c)    a committee under The Mentally Incapacitated Persons Act, RSA 1970 c232, or equivalent legislation of another jurisdiction.

(2)  If subsection (1) applies, an issuer may issue a marriage licence if

                                 (a)    an applicant, trustee or guardian provides proof to the issuer that the trustee or guardian has been given 30 days’ notice prior to the issuance of the licence, and

                                 (b)    no trustee or guardian has served, on the issuer and on the Registrar, an originating notice concerning the issuance of the marriage licence.

(3)  No person shall issue a marriage licence, or solemnize a marriage, if the person knows or has reason to believe that either of the parties to the intended marriage is, at the time of the application for the licence or at the time of the solemnization, as the case may be, under the influence of alcohol or a drug.

(4)  A person who contravenes this section is guilty of an offence and liable to a fine of not more than $1000 and in default of payment to imprisonment for a term not exceeding 30 days.

 

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.