Alberta Queen's Printer:

VITAL STATISTICS ACT

Chapter V‑4

Table of Contents

1 Definitions

Registration of Births and Stillbirths

Births

2 Notice of birth

3 Registration of birth

4 Registration of birth by Director

5 Registration of child legitimated by subsequent marriage

6 Statements re foundlings

7 Alteration of given names

Stillbirths

8 Stillbirths

Registration of Adoptions

9 Registration of adoption

10 Special register of adoptions

11 Birth certificate after adoption

Registration of Marriages

12 Registration of marriage by district registrar

13 Registration of marriage by Director

Registration of Deaths

14 Registration of death

15 Medical certificate of death

16 Registration of death by district registrar

17 Registration of death by Director

18 Burial permit

19 Returns re burials

Church Records

20 Church records

Change of Name

21 Change of name

22 Registration of change of sex

Fraudulent Registrations and Certificates

23 Fraudulent registrations

Errors in Registrations

24 Corrections in registrations

Administration

25 Vital Statistics Services

26 District registrars

27 Enforcement of Act

28 Duties of district registrar

29 Searches

Issuance of Certificates and Copies

30 Certificates

31 Issue of certificates

32 Certificates as evidence

33 Refusal of registration

General

34 Information

35 Affidavits

36 Information

37 Records

38 Secrecy

39 Notations

40 Information required by Director

41 Failure to give public notice

41.1 Providing false information

42 Unauthorized fees

43 Permit for transporting body

44 General penalty

45 Prosecutions

46,47 Regulations

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

Definitions

1 In this Act,

(a) “birth” means the complete expulsion or extraction from the mother, irrespective of the duration of the pregnancy, of a fetus in which, after expulsion or extraction, there is breathing, beating of the heart, pulsation of the umbilical cord or unmistakable movement of voluntary muscle, whether or not the umbilical cord has been cut or the placenta attached;

(b) “burial permit” means a permit to bury, cremate, remove or otherwise dispose of a dead body;

(c) “cemetery” means land set apart or used as a place for the interment or other disposal of dead bodies, and includes a vault, columbarium as defined in the Cemeteries Act, mausoleum and crematorium;

(d) “cemetery owner” includes the manager, superintendent, caretaker or other person in charge of a cemetery;

(e) “certificate” means a certified extract of the prescribed particulars of a registration filed in the office of the Director;

(f) “cremation” means disposal of a dead body by incineration;

(g) “Director” means the Director of Vital Statistics under this Act;

(h) “district registrar” means a district registrar appointed under this Act;

(i) “error” means incorrect information, and includes omission of information;

(j) “funeral director” means a person who takes charge of a dead body for the purpose of burial, cremation or other disposition;

(k) “incapable” means unable because of death, illness, absence from Alberta or otherwise;

(l) “inspector” means an inspector of vital statistics under this Act;

(m) “married woman” includes a woman who, within the period of gestation prior to the birth of the child in respect of whose birth an application for registration is made under this Act, was lawfully married;

(n) “medical examiner” means a medical examiner appointed under the Fatality Inquiries Act;

(o) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

(p) “occupier” means the person occupying any dwelling, and includes the person having the management or charge of any public or private institution where persons are cared for or confined, and the proprietor, manager, keeper, or other person in charge of a hotel, inn, apartment, lodging house or other dwelling or accommodation;

(q) “prescribed” means prescribed pursuant to this Act or prescribed by the regulations;

(r) “registration district” means an area for which a district registrar has been appointed under section 26;

(s) “state” means any state or territory of the United States of America and includes the District of Columbia;

(t) “stillbirth” means the complete expulsion or extraction from the mother after at least 20 weeks’ pregnancy, or after attaining a weight of 500 grams or more, of a fetus in which, after expulsion or extraction, there is no breathing, beating of the heart, pulsation of the umbilical cord or unmistakable movement of voluntary muscle.

RSA 1980 cV‑4 s1;1992 c21 s50;1996 c32 s8

Registration of Births and Stillbirths

Births

Notice of birth

2 Every person who assists at the birth of a child in Alberta shall, within 24 hours afterwards, deliver or mail to the district registrar of the registration district in which the birth occurs a notice of the birth in the prescribed form.

RSA 1980 cV‑4 s2

Registration of birth

3(1) The birth of every child born in Alberta shall be registered as provided in this Act.

(2) Within 10 days after the birth of a child in Alberta,

(a) the mother of the child,

(b) if the mother is incapable, the father of the child,

(d) if there is no person to whom clause (a), (b) or (c) applies, the person required to give notice of the birth under section 2, or

(e) if there is no person to whom clause (a), (b), (c) or (d) applies, the occupier of the premises in which the child is born, if the occupier has knowledge of the birth,

shall complete and deliver or mail a statement in the prescribed form respecting the birth, together with any evidence as to the birth as required by the regulations, to the district registrar, but the Director may accept the statement of the father although the mother is not incapable.

(3) Where the parents of a child are neither married to each other nor adult interdependent partners of one another, the father of the child is not required to comply with subsection (2).

(4) When more than one child is delivered during a single confinement, a separate statement for each child shall be completed and delivered or mailed as provided in subsection (2), and in each statement the number of children born during the confinement and the number of the child in the order of birth shall be given.

(5) Except as provided in subsections (6) and (8), the birth of a child of a married woman shall be registered as follows:

(a) if the husband and mother, according to the statement in subsection (2), use the same surname

(i) showing that surname,

(ii) showing the husband’s surname hyphenated or combined with the mother’s maiden surname if the husband and mother jointly so request, or

(iii) showing the maiden surname of the mother if the husband and mother jointly so request;

(b) if, according to the statement in subsection (2), the husband and mother use different surnames

(i) showing the surnames of the husband and the mother hyphenated in alphabetical order, or

(ii) if the husband and mother jointly so request, showing

(A) one of their surnames, or

(B) the husband’s surname hyphenated or combined with the mother’s surname,

and the particulars of the husband shall be given as those of the father of the child.

(6) Except as provided in subsection (8), when a child is born to a married woman, if she files with the district registrar a statutory declaration

(a) that at the time of the conception she was living separate and apart from her husband, and

(b) that her husband is not the father of the child,

the registration of the birth of the child shall show the surname of the mother as the surname of the child and no particulars as to the father shall be given in the statement required under subsection (2).

(7) Except as provided in subsection (8), the registration of the birth of a child of an unmarried woman shall show the surname of the mother as the surname of the child and no particulars as to the father shall be given in the statement required under subsection (2).

(8) If a married woman who has made a statutory declaration under subsection (6) or an unmarried woman, as the case may be, and a person acknowledging himself to be the father jointly so request in writing

(a) the particulars of the person so acknowledging may be given as the particulars of the father, or

(b) the birth may be registered if the person so acknowledging and the mother jointly so request, showing

(i) one of their surnames, or

(ii) the surname of the person so acknowledging hyphenated or combined with the mother’s surname

or both clauses (a) and (b).

(8.1) Where the person acknowledging himself to be the father under subsection (8) is the adult interdependent partner of the unmarried woman, a joint request is required only for the purpose of subsection (8)(b).

(9) If a request under subsection (8) is made after the original registration of birth, the Director may amend the registration in accordance with the request by making the necessary notation on it.

(10) Notwithstanding anything in this section, no surname shall contain more than 2 surnames combined or hyphenated, and if the husband or person acknowledging, as the case may be, or the mother, or both, have a hyphenated surname, only one of the names in that surname shall be used.

(11) For the purposes of subsection (5)(b)(i), if subsection (10) applies the one name to be used is the name that alphabetically precedes the other.

(12) Where a joint request is required under subsection (5) or (8)(b) and one of the persons is incapable of making the request, the joint request is not required

(a) if that person has died, or

(b) if the Court of Queen’s Bench, on application, makes an order that the joint request is not required.

(13) If the district registrar is not satisfied as to the truth and sufficiency of the statement, the district registrar shall refer the matter to the Director who, in order to obtain any additional evidence that may be necessary, may require the attendance at the Director’s office of the person who signed the statement, or of any other person, and may examine the person respecting any matter pertaining to the registration of birth.

(14) If the statement is not completed and delivered or mailed in the manner and within the time provided in this Act, every person on whom the duty of completing and delivering or mailing the statement is imposed remains liable to perform that duty notwithstanding the expiration of the time provided, and is, in respect of each successive period of 10 days afterwards during which that person neglects or fails to complete and deliver or mail the statement, guilty of a contravention of this Act.

(15) On receipt within one year from the day of the birth of a statement in the prescribed form respecting the birth, the district registrar, if the district registrar is satisfied as to the truth and sufficiency of the statement, shall register the birth by signing the statement and, on being signed, the statement constitutes the registration of the birth.

RSA 2000 cV‑4 s3;2002 cA‑4.5 s79;2002 c32 s16

Registration of birth by Director

4 When a birth is not registered within one year from the day of birth, or the district registrar has referred the matter to the Director under section 3(13), if application for the registration is made by any person to the Director in the prescribed form, verified by statutory declaration and accompanied with the prescribed fee and with a statement in the prescribed form respecting the birth, together with any evidence as to the birth as required by the regulations, the Director, if the Director is satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith, shall register the birth by signing the statement and, on being signed, the statement constitutes the registration of birth.

RSA 2000 cV‑4 s4;2002 c32 s16

Registration of child legitimated by subsequent marriage

5(1) When a child is legitimated by the intermarriage of the child’s parents subsequent to the child’s birth, then on the parents

(a) completing and certifying the statement required under section 3(2),

(b) delivering the statement, together with any evidence as to the legitimation required by the regulations, to the Director, and

the Director shall register the birth as if the parents had been married to each other at the time of the birth, and make a notation on the statement that the registration was made under this section and the statement constitutes the registration of birth.

(2) On proof that one of the parents is dead or incapable, the application may be made by the other parent.

(3) If the birth has been registered under section 3(8), the application may be made by the child.

(4) If the birth of the child has been registered before the marriage, the original registration shall be withdrawn from the registration files and shall be kept in a special register.

RSA 1980 cV‑4 s5

Statements re foundlings

6(1) When a newborn child is found deserted, the person who finds the child, and any person in whose charge the child may be, shall give to the district registrar of the registration district in which the child is found, within 7 days after the finding or taking charge of the child, any information the person possesses as to the particulars required to be registered concerning the birth of the child.

(2) The district registrar, on receipt of that information regarding the birth of the child and on being satisfied that every reasonable effort has been made to identify the child without success, shall

(a) require the person who found or has charge of the child to complete a statutory declaration concerning the facts of the finding of the child and to complete, so far as the person is able, a statement in the prescribed form required under section 3(2),

(b) cause the child to be examined by the local medical officer of health or a physician with a view to determining as nearly as possible the date of the birth of the child and require the examiner to make a statutory declaration setting out the facts as determined by the examination, and

(3) The Director, on receipt of the report and the evidence mentioned in subsection (2), shall review the case and, if the Director is satisfied as to the correctness and sufficiency of the matters stated, shall register the birth, and the registration shall, as provided in this Act, establish for the child a date of birth, a place of birth and a surname and given name.

(4) The Director, on registering a birth under this section, shall transmit forthwith to a director under the Child, Youth and Family Enhancement Act a copy of all documents respecting the child filed pursuant to this section.

(5) If, subsequent to the registration of a birth under this section, the identity of the child is established to the satisfaction of the Director or further information with respect to the identity is received by the Director, the Director shall

(a) cancel, add to or correct the registration of the birth made under this section, and

(b) when necessary, make a new registration in accordance with the actual facts of the birth and file it in substitution for the registration first made under this section,

and the Director shall make a notation on it of any cancellation on the registration first made, and no certificate shall subsequently be issued in respect of it.

(6) When a new registration of the birth of a child is made under subsection (5), the date of registration shall be as shown on the registration first made.

(7) The Director shall notify a director under the Child, Youth and Family Enhancement Act forthwith of any action taken under subsection (5).

(8) When a person has received a certificate issued in respect of the registration of the birth of a child made under subsection (3), if the registration is cancelled under subsection (5), the person shall deliver the certificate to the Director for cancellation if the Director so requires.

RSA 2000 cV‑4 s6;2003 c16 s117

Alteration of given names

7(1) Except in a case to which section 21 applies, if the birth of a child has been registered and

(a) the given name under which the child was registered is changed, or

(b) the child was registered without a given name,

both parents, the surviving parent, the guardian of the child, the person procuring the name to be changed or given, or the child after the child has attained the age of 18 years, may deliver to the Director an application setting out the particulars of the change or of the name given.

(2) An application under subsection (1) shall be accompanied with a statutory declaration completed by the applicant and

(a) a baptismal certificate showing the given name under which the child was baptised, or

(b) if a baptismal certificate is not procurable, any other documentary evidence satisfactory to the Director.

(3) The Director, on being satisfied that an application under subsection (1) is made in good faith and on payment of the prescribed fee, shall make a notation of the change in the registration of the birth.

(4) No alteration of or addition to a given name shall be made under this section in any registration of a birth unless the name of the child was changed or the name was given to the child within 10 years after the date of the birth.

(5) No alteration of or addition to a given name shall be made in a registration of a birth, except as provided in this Act.

(6) Any birth certificate issued after the making of a notation pursuant to this section shall be prepared as if the registration had been made containing the changed or new given name at the time of registration.

RSA 1980 cV‑4 s7

Stillbirths

Stillbirths

8(1) Every stillbirth in Alberta shall be registered as provided in this Act.

(2) When a stillbirth occurs, the person who would have been responsible for the registration of it as provided in section 3, if it had been a birth, shall complete a statement in the prescribed form respecting the stillbirth.

(3) The physician in attendance at a stillbirth, or, if there is no physician in attendance, a physician or a medical examiner shall complete the medical certificate included in the prescribed form showing the cause of the stillbirth.

(4) If a district registrar is satisfied that there was no physician and no medical examiner within a reasonable distance from the place where a stillbirth has occurred and that it is not reasonably practicable to have the medical certificate completed as provided in subsection (3), the district registrar may, instead of the medical certificate, prepare and sign a certificate prepared from the statements of relatives of the parents of the stillborn child or of other persons having adequate knowledge of the facts.

(5) On receipt of the statement, the funeral director shall complete the statement setting out the proposed date and place of burial, cremation or other disposition of the body and shall deliver the statement to the district registrar.

(6) On receipt of the statement the district registrar, if the district registrar is satisfied as to its truth and sufficiency, shall register the stillbirth by signing the statement and, on being signed, the statement constitutes the registration of the stillbirth.

(7) On receipt of the registration of a stillbirth and the medical certificate, the district registrar shall forthwith prepare and issue a burial permit to the person requiring it for the purpose of the burial, cremation, removal or other disposition of the body of the stillborn child.

(8) Subject to this section, sections 2 to 4 and sections 14 to 19 apply, with all necessary modifications, to stillbirths.

RSA 1980 cV‑4 s8;1985 c53 s3

Registration of Adoptions

Registration of adoption

9(1) On receipt of a certified copy of an order of adoption transmitted under the Child, Youth and Family Enhancement Act or the Adult Adoption Act, the Director shall register the adoption by endorsing the Director’s signature on the copy and, on being signed, the copy constitutes the registration of the adoption.

(2) If, at the time of the registration of the adoption, or at any time afterwards, there is in the office of the Director a registration of the birth of the person adopted, the Director, on production of evidence satisfactory to the Director of the identity of the person, shall

(a) delete the original registration from the registration files, and

(b) substitute a registration of adoption in accordance with the facts contained in the order of adoption showing

(i) the date and the place of birth of the adopted person recorded in the original registration,

(ii) as the father of the adopted person, the adopting father, together with particulars pertaining to him, and

(iii) as the mother of the adopted person, the adopting mother, together with the particulars pertaining to her.

(3) Notwithstanding subsection (2)(b)(ii) or (iii), where there is an adoption by a step‑parent under the Child, Youth and Family Enhancement Act, the substituted registration of adoption may show, at the request of the adopting parent, the adopting parent as a parent of the adopted person, together with particulars pertaining to the adopting parent.

(4) When a person is adopted pursuant to an order, judgment or decree of adoption made by a court of competent jurisdiction in another province, territory, state or country, the Director,

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

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

shall, if there is in the Director’s office a registration of the birth of that person, register the adoption in the manner prescribed by subsection (1), and shall substitute the registration of adoption required by subsection (2).

(5) When a person born outside Alberta is adopted pursuant to the Child, Youth and Family Enhancement Act or the Adult Adoption Act, the Director shall transmit a certified copy of the order of adoption to the person having charge of the registration of births in the province, territory, state or country in which the person was born.

(6) When a person whose birth was registered before October 25, 1913, changed the person’s name to, or was brought up under, the name of foster parents who had adopted the person, by an adoption or foster agreement or otherwise, before October 25, 1913, the Director may, on receipt of

(a) the foster agreement or adoption agreement, if any, or a notarially certified copy of that agreement, or

(b) if no written agreement exists or can be found, a statutory declaration in the prescribed form by the foster parents or the survivor of them or if neither is alive, by some person having personal knowledge of the facts, that the child was raised as the child of those foster parents,

alter the registration of that person’s birth to accord with the name under which the person was brought up by the person’s foster parents so that the record of the person’s birth may be recorded under the person’s known or assumed as well as the person’s natural name.

RSA 2000 cV‑4 s9;2003 c16 s117

Special register of adoptions

10(1) The Director shall maintain a special register in which shall be kept

(a) the original registrations of birth withdrawn from the registration files pursuant to section 9, and

(b) the copies of all orders, judgments and decrees received by the Director for the purposes of section 9, other than the copy required for the purposes of section 9(5).

(2) The Director may refer to the special register on the request of an issuer, a member of a clergy or a marriage commissioner, within the meaning of the Marriage Act, for the purpose of determining, when one of the parties to a proposed marriage is an adopted child, whether the parties are within the forbidden degrees of consanguinity.

(3) Except as authorized by this section, the special register and any entry or information or documents contained in it shall not be made public or disclosed to any person except on the order of a judge of the Court of Queen’s Bench.

(4) The Director shall, on the request of the Minister responsible for the Child, Youth and Family Enhancement Act, provide from the special register to that Minister a copy of an adopted person’s original registration of birth for release in accordance with the Child, Youth and Family Enhancement Act.

RSA 2000 cV‑4 s10;2003 c16 s117

Birth certificate after adoption

11 If a child born in Alberta is adopted pursuant to the laws of Alberta or of another jurisdiction and a registration of adoption has been made pursuant to section 9, any certificate of birth of that child subsequently issued by the Director

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

(b) in any case where parentage is shown, shall indicate the legal parents in accordance with Part 2 of the Child, Youth and Family Enhancement Act,

and nothing shall appear on any certificate issued by the Director that would disclose that the child is an adopted child.

RSA 2000 cV‑4 s11;2003 c16 s117

Registration of Marriages

Registration of marriage by district registrar

12(1) Every marriage solemnized in Alberta shall be registered as provided in this Act.

(2) Every person authorized by law to solemnize marriage in Alberta shall, immediately after that person solemnizes a marriage, prepare a statement in the prescribed form respecting the marriage, and the statement shall be signed by

(a) each of the parties to the marriage,

(b) at least 2 credible witnesses to the marriage, and

(3) The person by whom the marriage was solemnized shall, within 2 days after the day of the marriage, deliver or mail the completed statement to the district registrar of the registration district in which the marriage was solemnized.

(4) On the receipt within one year from the day of a marriage of a completed statement in the prescribed form respecting the marriage, the district registrar, if the district registrar is satisfied as to its truth and sufficiency, shall register the marriage by signing the statement and, on being signed, the statement constitutes the registration of the marriage.

RSA 1980 cV‑4 s12

Registration of marriage by Director

13 When a marriage is not registered within one year from the day of the marriage, if application for its registration is made by any person to the Director in the prescribed form, verified by statutory declaration and accompanied with the prescribed fee and with a statement in the prescribed form respecting the marriage and any other evidence that may be prescribed, the Director, if the Director is satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith, shall register the marriage by signing the statement and, on being signed, the statement constitutes the registration of the marriage.

RSA 1980 cV‑4 s13

Registration of Deaths

Registration of death

14(1) The death of every person who dies in Alberta shall be registered as provided in this Act.

(2) The personal particulars of the deceased person shall, on the request of the funeral director, be completed in the prescribed form and delivered to the funeral director

(a) by the nearest relative of the deceased present at the death or in attendance at the last illness of the deceased,

(b) if no such relative is available, by any relative of the deceased residing or being within the registration district,

(i) by any adult person present at the death,

(ii) by any other adult person having knowledge of the facts, or

(iii) by an adult occupant of the house in which the death occurred,

(d) by the medical examiner who has made an investigation under the Fatality Inquiries Act.

(3) The personal particulars requested pursuant to subsection (2) shall be provided before

(a) the disposal or shipment of the body of the deceased person, or

(b) the expiration of the 5‑day period following the date of the request,

whichever event occurs first.

(4) On receipt of the personal particulars respecting the deceased and of the medical certificate or the interim medical certificate, the funeral director shall complete the statement in the prescribed form, and shall forthwith deliver the completed statement to the district registrar of the registration district in which the death occurred or, if the place of death is not known, to the district registrar of the registration district in which the body was found.

RSA 1980 cV‑4 s14

Medical certificate of death

15(1) In this section, “International Classification” means the International Statistical Classification of Diseases, Injuries and Causes of Death as last revised by the International Conference assembled for that purpose and published by the World Health Organization.

(2) When

(a) a physician

(i) has attended the deceased person in relation to the deceased’s final illness at least once during the 14 days immediately preceding the death,

(ii) is able to certify the medical cause of death with reasonable accuracy, and

(iii) has no reason to believe that the deceased died under circumstances that require the notification of a medical examiner under the Fatality Inquiries Act,

(b) the death was natural or occurred during an operative procedure or within 10 days after an operative procedure and a physician

(i) is able to certify the medical cause of death with reasonable accuracy, and

(ii) is authorized to complete and sign the medical certificate of death under section 19(7) of the Fatality Inquiries Act,

the physician or the medical examiner, as the case may be, shall within 48 hours of the death, complete and sign a medical certificate in the prescribed form stating in it the cause of death according to the International Classification.

(3) Notwithstanding subsection (2), the physician or the medical examiner, as the case may be, may issue an interim medical certificate if

(a) the cause of death cannot be determined within 48 hours of the death,

(b) either

(i) an autopsy is performed, or

(ii) an investigation is commenced under the Fatality Inquiries Act,

and

(c) the physician who performs the autopsy or the medical examiner who commences an investigation under the Fatality Inquiries Act, as the case may be, considers that the body is no longer required for the purposes of the autopsy or investigation.

(4) When an interim medical certificate is issued under subsection (3), the physician or the medical examiner, as the case may be, shall complete and sign the medical certificate referred to in subsection (2) within 30 days after the interim medical certificate is issued.

(5) When

(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 within 48 hours of the death,

the funeral director or the physician, as the case may be, shall forthwith notify a medical examiner who, on being notified, shall conduct an investigation into the death in accordance with the Fatality Inquiries Act.

RSA 1980 cV‑4 s15;1985 c53 s4;1992 c21 s50

Registration of death by district registrar

16 On the receipt within one year from the day of a death of a statement in the prescribed form respecting the death, the district registrar, if the district registrar is satisfied as to its truth and sufficiency, shall register the death by signing the statement and, on being signed, the statement constitutes the registration of death.

RSA 1980 cV‑4 s16;1985 c53 s5

Registration of death by Director

17 When a death is not registered within one year from the day of the death or when the district registrar refuses to register a death, if application for its registration is made by any person to the Director in the prescribed form verified by statutory declaration and accompanied with the prescribed fee and with a statement in the prescribed form respecting the death and any other evidence that may be prescribed, the Director, if the Director is satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith, shall register the death by signing the statement and, on being signed, the statement constitutes the registration of the death.

RSA 1980 cV‑4 s17

Burial permit

18(1) On receipt of the registration of death and a medical certificate of death or interim medical certificate of death, a district registrar shall prepare and issue to the funeral director a burial permit.

(2) No person shall bury, cremate or otherwise dispose of the body of a person who dies in Alberta unless a burial permit in respect of the deceased has been obtained from a district registrar.

(3) When the body of any person is to be removed to a place outside Alberta for burial, cremation or other disposition, the removal shall not take place unless the prescribed copies of the burial permit have been affixed to the outside of the casket or other container.

(4) The funeral director, at the place of burial or other disposition, shall

(a) deliver the prescribed copy of the burial permit to the person conducting the funeral or religious service, and

(b) deliver the prescribed copy of the burial permit to the cemetery owner.

(5) When a death occurs outside Alberta and the burial or other disposition of the body is to take place in Alberta, a burial permit or any other document that is prescribed under the law of Alberta or country in which death occurs, signed by the district registrar or other proper officer, is sufficient authority for the burial or other disposition of the body.

(6) Notwithstanding subsections (1) and (3),

(a) the district registrar may issue a burial permit if an interim medical certificate has been issued pursuant to section 15(5), and

(b) when the district registrar issues a burial permit under clause (a), the body may be buried or otherwise disposed of even though the registration of death has not been completed.

RSA 1980 cV‑4 s18;1985 c53 s6;1996 c32 s8

Returns re burials

19 No cemetery owner shall permit the burial or cremation of a dead body in the cemetery, unless the funeral director or the person officiating at the burial has delivered to the funeral director or officiating person the prescribed copy of the burial permit.

RSA 1980 cV‑4 s19

Church Records

Church records

20 If registers or records of baptisms, marriages or burials kept by any church or religious body in Alberta are on file in the office of the Director, the registers or records shall be preserved and shall remain in the custody of the Director as part of the records of the Director’s office.

RSA 1980 cV‑4 s20

Change of Name

Change of name

21(1) When the name of a person is changed under the Change of Name Act or in accordance with the laws of the jurisdiction in which the person was resident at the time of the change of name, the Director, on production to the Director of proof of the change and evidence satisfactory to the Director as to the identity of the person,

(a) if the birth or marriage of the person is registered in Alberta, shall cause a notation of the change to be made on its registration, and

(b) if the change was made under the Change of Name Act and the person was born or married outside Alberta, shall transmit to the officer in charge of the registration of births and marriages in the jurisdiction in which the person was born or married a copy of the proof of the change of name produced to the Director.

(2) Every birth or marriage certificate issued after the making of a notation under this section shall be issued as if the registration had been made in the name as changed.

RSA 1980 cV‑4 s21

Registration of change of sex

22(1) When a person has had the person’s anatomical sex structure changed to a sex other than that which appears on the person’s birth certificate, the Director, on production to the Director of

(a) 2 affidavits of 2 physicians, each affidavit deposing that the anatomical sex of the person has changed, and

(b) evidence satisfactory to the Director as to the identity of the person,

shall do either of the things referred to in subsection (2).

(2) If subsection (1) applies, the Director shall

(a) if the sex of the person is registered in Alberta, cause a notation of the change to be made on the registration of it, and

(b) if the sex of the person is registered outside Alberta, transmit to the officer in charge of the registration of births and marriages in the jurisdiction in which the person is registered, a copy of the proof of the change of sex produced to the Director.

(3) Every birth or marriage certificate issued after the making of a notation under this section shall be issued as if the registration had been made with the sex as changed.

RSA 1980 cV‑4 s22

Fraudulent Registrations and Certificates

Fraudulent registrations

23(1) On written application by any person and after notice to and hearing of all persons interested, or when the holding of a hearing is not possible, on receipt of a statutory declaration or any other evidence satisfactory to the Director that is adduced by any person interested, the Director, if the Director is satisfied that a registration was fraudulently or improperly made, may order that a notation be made on the registration to that effect and order that every certificate issued in respect of that registration be delivered to the Director for cancellation.

(2) When a notation has been made under subsection (1), no certificate may subsequently be issued in respect of the registration.

(3) On written application by any person and after notice to and hearing of all persons interested, or when the holding of a hearing is not possible, on receipt of a statutory declaration or any other evidence satisfactory to the Director that is adduced by any person interested, the Director, if the Director is satisfied that a certificate was obtained or is being used for fraudulent or improper purposes, may make an order requiring the delivery to the Director of that certificate.

(4) A person who has in the person’s possession or under the person’s control a certificate in respect of which an order has been made under this section shall, forthwith on receipt of the order, deliver the certificate to the Director, who shall preserve it in a permanent file together with the order and all documents relating to it.

RSA 1980 cV‑4 s23

Errors in Registrations

Corrections in registrations

24(1) If, while the registration of a birth, stillbirth, marriage or death is in the possession of a district registrar, it is reported to the district registrar that an error exists in the registration, the district registrar shall inquire into the matter and if the district registrar is satisfied that an error has been made the district registrar may correct the error according to the facts by making a notation of the correction on the registration without altering the original entry.

(2) If the person who furnished the information contained in the registration to be corrected appears in person, the district registrar may permit correction by altering the original entry.

(3) If, after a registration has been received or made by the Director, it is reported to the Director that an error exists in the registration, the Director shall inquire into the matter and, on the production of evidence satisfactory to the Director verified by statutory declaration, the Director may correct the error by making a notation of the correction on the registration without altering the original entry.

(4) If, after the correction of an error, application is made for a certificate, the certificate shall be prepared as if the registration had been made containing correct particulars at the time of registration.

RSA 1980 cV‑4 s24

Administration

Vital Statistics Services

25(1) There is to be a part of Alberta Registries to be known as Vital Statistics Services.

(2) A Director of Vital Statistics, an Assistant Director of Vital Statistics, inspectors of vital statistics and any other employees required to carry on the business of the Vital Statistics Services may be appointed in accordance with the Public Service Act.

(3) The Director is, under the control of the Minister, responsible for the administration of this Act and for the direction and supervision of the Vital Statistics Services, and shall perform other duties that may be prescribed by the regulations or by the Minister.

(4) The inspectors of vital statistics shall perform the duties that may be prescribed by the regulations or by the Minister.

RSA 1980 cV‑4 s25;1986 cD‑13.5 s12;1989 cD‑21.5 s14;
1994 cG‑8.5 s79

District registrars

26(1) The Director shall appoint in and for each city a district registrar who shall record all vital statistics events occurring within the corporate limits of the city for which the district registrar is appointed.

(2) The Director may appoint other district registrars in and for any other areas that the Director in the Director’s discretion from time to time considers necessary or advisable.

(3) The Director may, in the Director’s discretion, provide facilities for the filing of statements of deaths and the issuing of burial permits outside office hours by appointing members of the Royal Canadian Mounted Police or of a municipal police service as deputy district registrars.

(4) A district registrar may, with the approval of the Director, appoint in writing one or more deputy district registrars who may exercise the powers and perform the duties of the district registrar.

(5) The Director may carry out any of the duties of the district registrar of any registration district.

RSA 1980 cV‑4 s26;1988 cP‑12.01 s67

Enforcement of Act

27 Every district registrar shall, under the supervision and direction of the Director and in accordance with the regulations, enforce this Act in the district registrar’s registration district and shall make an immediate report to the Director of any contravention of this Act of which the district registrar has knowledge.

RSA 1980 cV‑4 s28

Duties of district registrar

28(1) Each district registrar shall examine each statement respecting a birth, stillbirth, marriage or death when presented for registration to see that it has been made out in accordance with this Act and the regulations and instructions of the Director.

(2) If a statement as to a death or a medical certificate of death, or a stillbirth or a medical certificate of a stillbirth, is incomplete or unsatisfactory, a district registrar shall call attention to the defects in the return and withhold issuing the burial or removal permit until they are corrected.

(3) If a statement of birth or marriage is incomplete, a district registrar shall immediately notify the informant and require the informant to supply the missing details, if they can be obtained.

(4) The district registrar shall then number consecutively the statements of births, stillbirths, marriages and deaths, beginning with number one for the first birth and the first stillbirth and the first marriage and the first death in each calendar year, and sign the district registrar’s name as district registrar, giving the date of filing in the district registrar’s office.

(5) A district registrar shall keep in a place of safety, while they are in the district registrar’s possession, the original statements of every birth, stillbirth, marriage or death, and all other returns, records, forms and documents received by the district registrar.

(6) A district registrar shall use all proper means available to the district registrar to obtain the information necessary for the purpose of completing the records that the district registrar is required to make.

(7) A district registrar shall, on Friday of each week, send by mail to the Director the original statements of every birth, stillbirth, marriage or death registered during the period of 7 days ending with, and including, the next preceding day; and, if no birth, stillbirth, marriage or death has been registered during the period, the district registrar shall, on the Friday as provided, report that fact to the Director on the prescribed form.

(8) A district registrar shall, in the prescribed register, record each birth, stillbirth, marriage or death registered with the district registrar.

(9) The Director shall supply the district registrars with the blank forms and registers necessary for the discharge of the duties imposed on them by this Act, and the district registrars shall apply to the Director for the issue of blank forms and registers whenever they require them.

(10) When a district registrar has reason to believe that there has taken place within the district registrar’s registration district a birth, stillbirth, marriage or death, a notice of which has not been registered, the district registrar shall forthwith notify the proper person to register the required statement with respect to it, and if the person so notified fails to comply with the notice, the district registrar shall forthwith send to the Director all information in the district registrar’s possession with respect to the matter.

RSA 1980 cV‑4 s29

Searches

29(1) Any person, on applying, furnishing information satisfactory to the Director and paying the prescribed fee, may, if the Director is satisfied that the information is not to be used for an unlawful or improper purpose, have a search made by the Director

(a) for the registration in the Director’s office of any birth, stillbirth, marriage or death, or

(b) for the record of any baptism, marriage or burial placed on file in the office of the Director under section 20.

(2) The Director shall make a report on the search that shall state whether the birth, stillbirth, marriage, death, baptism or burial is registered or recorded and, if registered, shall state its registration number, and shall contain no further information.

(3) Notwithstanding anything in this section, the Director may disclose a report only to those persons set out in the regulations.

RSA 2000 cV‑4 s29;2003 cP‑6.5 s74

Issuance of Certificates and Copies

Certificates

30(1) Any person authorized by the regulations, on applying, furnishing proof of identity as required by the regulations, furnishing information satisfactory to the Director and paying the prescribed fee, may, if the Director is satisfied that it is not to be used for an unlawful or improper purpose, obtain a certificate in the prescribed form in respect of the registration of the birth of any person, and the certificate shall contain at least the following particulars of the registration:

(a) the name of the person;

(b) the date of birth;

(d) the sex of the person;

(e) the date of registration;

(f) the serial number of the registration.

(2) A photographic print of the registration of a birth or of an extract from it may be issued only

(a) to a person who requires it to comply with the Child, Youth and Family Enhancement Act or the Family Law Act,

(b) to the person to whom the registration applies, if the person is an adult,

(c) to a person who is shown on the registration as the mother or father of the person in respect of whom the registration applies,

(d) to an officer of the Crown in right of Alberta who requires it for use in the discharge of the officer’s official duties,

(e) to a person on the authority in writing of the Minister, or

(f) to a person on the order of a judge of a court,

and only on application in the prescribed form that is accompanied with proof of identity as required by the regulations and the prescribed fee.

(3) Any person authorized by the regulations, on applying, furnishing proof of identity as required by the regulations, furnishing information satisfactory to the Director and paying the prescribed fee, may, if the Director is satisfied that it is not to be used for an unlawful or improper purpose, obtain a certificate in the prescribed form in respect of the registration of a marriage, and the certificate shall contain at least the following particulars of the registration:

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

(b) the date of the marriage;

(d) the date of registration;

(e) the serial number of the registration.

(4) A certified copy or photographic print of the registration of a marriage, may be issued only

(a) to a party to the marriage,

(b) to the legal representative of a party to the marriage,

(d) to a person on the order of a judge of a court,

and only on application in the prescribed form that is accompanied with proof of identity as required by the regulations and the prescribed fee.

(5) Any person authorized by the regulations, on applying, furnishing proof of identity as required by the regulations, furnishing information satisfactory to the Director and paying the prescribed fee, may, if the Director is satisfied that it is not to be used for an unlawful or improper purpose and subject to subsection (6), obtain a certificate in the prescribed form in respect of the registration of a death.

(6) No certificate issued in respect of the registration of a death shall be issued in a manner that discloses the cause of death as certified on the medical certificate, except

(a) to any adult next of kin, as defined in the Fatality Inquiries Act, of the deceased,

(b) on the authority in writing of the Minister, or

(7) A certified copy or photographic print of the registration of a death or stillbirth may be issued only

(a) to a person on the authority in writing of the Minister,

(b) to a person on the order of a judge of a court, or

(c) to a person who satisfies the Director that the person requires it to accompany an application to disinter a body made under this Act,

and only on application in the prescribed form and payment of the prescribed fee.

(8) Notwithstanding subsections (2), (4), (6) and (7), a certified copy, photographic print or certificate, as the case may be, of the registration may be issued to any person if

(a) in the case of subsection (2), 100 years has elapsed since the date of the birth,

(b) in the case of subsection (4), 75 years has elapsed since the date of the marriage, and

(c) in the case of subsections (6) and (7), 50 years has elapsed since the date of the death or stillbirth, as the case may be.

(9) Any person, on applying in the prescribed form and paying the prescribed fee, may, with the approval of the Director and subject to the same limitations as those respecting certified copies and photographic prints set out in subsections (2), (4) and (7), obtain a certificate in the prescribed form in respect of the record of a baptism, marriage or burial filed under section 20.

(10) In respect of the issuance of the certificates, certified copies and photographic prints, or any of them, mentioned in subsections (2), (4), (6), (7) and (9), the Minister may in writing dispense with the authority required from the Minister by those subsections or may so dispense with that authority in cases and circumstances specified by the Minister.

(11) No certificate, certified copy or photographic print shall be issued under this Act in respect of the registration of an adoption or change of name.

RSA 2000 cV‑4 s30;2002 c32 s16;2003 cF‑4.5 s127;
2003 c16 s117

Issue of certificates

31(1) Every certificate, certified copy or photographic print issued under section 30 shall be issued by the Director and no person other than a person authorized by this Act to do so shall issue any document that purports to be issued under this Act.

(2) When the signature of the Director, or of any person appointed pursuant to section 25(2), is required for any purpose of this Act, the signature may be written, engraved, lithographed or reproduced by any other mode of reproducing words in visible form.

(3) Every document issued under this Act under the signature of the Director, or of a person appointed pursuant to section 25(2), is and remains valid, notwithstanding that the Director, or the person so appointed, has ceased to hold office before the issue of the certificate.

RSA 1980 cV‑4 s33

Certificates as evidence

32(1) A certificate purporting to be issued under section 30 shall be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts certified to be recorded, and a certified copy or photographic print purporting to be issued under section 30 is so admissible as proof, in the absence of evidence to the contrary, of the facts recorded in it, and it is not necessary to prove the signature or official position of the person by whom the certificate or certified copy purports to be signed.

(2) Where this Act refers to a copy of a document or paper, or to a copy on a prescribed form of a document or paper, or requires the making or retaining of a copy or a copy on a prescribed form, the reference is deemed to include, and the requirement is deemed to be complied with by the making or retaining of, a photographic film of the document or paper; and a print from that photographic film is deemed to be, and to have the same effect and serve the same purpose as, a copy or a copy on a prescribed form of the document or paper.

(3) Notwithstanding subsection (1) or any other Act, no birth certificate and no certified copy or photographic print of a registration of birth or stillbirth, purporting to be issued under section 30, is admissible in evidence to affect a presumption of legitimacy.

(4) No original registration of birth or stillbirth and no statutory declaration, record or statement filed in accordance with section 3(6) or (8) is admissible in evidence to effect a presumption of legitimacy nor may the Director be called on to give evidence affecting a presumption of legitimacy based on records in the Director’s office.

RSA 1980 cV‑4 s34

Refusal of registration

33(1) When an application for the registration of a birth, stillbirth, marriage or death is refused by the Director, if, within one year of the refusal, an application is made to a judge of the Court of Queen’s Bench, the judge, on being satisfied as to the good faith of the application and as to the truth and sufficiency of the evidence adduced on the application, and having regard to the standards respecting delayed registration set out in the regulations for the guidance of the Director, may make an order requiring the Director to accept the application and register the birth, stillbirth, marriage or death.

(2) The clerk of the Court shall forthwith send a copy of the order to the Director, who shall comply with the order and attach the copy to the registration.

(3) When an application for a certificate or a search in respect of the registration of a birth, stillbirth, marriage or death is refused by the Director, if, within one year of the refusal, application is made to a judge of the Court of Queen’s Bench, the judge, on being satisfied that the application is made in good faith and that the applicant has good reason for requiring the certificate or search, may make an order requiring the Director to issue the certificate or make the search; and the clerk of the Court shall forthwith forward a copy of the order to the Director, who shall comply with it.

(4) When the Director has made an order under section 23, any person interested may, within one year afterwards, appeal from the order to a judge of the Court of Queen’s Bench, and the judge may make an order confirming or setting aside the order of the Director and the order of the judge is final and binding on the Director.

(5) At least 30 days’ notice of the application or appeal shall be served on the Director.

RSA 1980 cV‑4 s35

General

Information

34(1) No system of registrations of births, stillbirths, marriages and deaths shall be maintained or continued in Alberta other than authorized by this Act.

(2) No registration shall be made of a birth, stillbirth, marriage or death occurring outside Alberta.

RSA 1980 cV‑4 s36

Affidavits

35 The Director, the assistant director and every district registrar and deputy district registrar may take the affidavit or statutory declaration of any person for the purposes of this Act.

RSA 1980 cV‑4 s37

Information

36(1) The Director may compile, publish and distribute any statistical information respecting the births, stillbirths, marriages, deaths, adoptions and changes of name registered during any period that the Director considers necessary and in the public interest.

(2) As soon as convenient after January 1 in each year, the Director shall make for the use of the Legislative Assembly and for public information, a statistical report of the births, stillbirths, marriages, deaths, adoptions and changes of name during the preceding calendar year.

RSA 1980 cV‑4 s38

Records

37(1) All records, books and other documents pertaining to any office under this Act are the property of the Crown.

(2) When a vacancy occurs in any office under this Act the person having the possession, custody or control of any books, records or other documents pertaining to the office shall give up possession of and deliver them to the successor in office or to any person appointed by the Director to demand and receive them, and any person who fails to comply with this subsection is guilty of an offence.

RSA 1980 cV‑4 s39

Secrecy

38(1) No district registrar, no deputy district registrar and no person employed in the service of Her Majesty shall communicate or allow to be communicated to any person not entitled to it any information obtained under this Act, or allow any person not entitled to it to inspect or have access to any records containing information obtained under this Act.

(2) A person who contravenes this section is guilty of an offence and liable to a fine not exceeding $1000.

RSA 1980 cV‑4 s40;1985 c53 s11

Notations

39(1) Every notation made under this Act shall be effected without altering or defacing any entry on the registration, and shall be dated and initialled by the person making the notation.

(2) Notwithstanding subsection (1), when a notation on a registration is authorized under section 7, 21, 22 or 23, the notation may be made on a separate document that may be microfilmed and retained with the microfilm of the registration.

RSA 1980 cV‑4 s41

Information required by Director

40(1) The Director shall examine the original statements received weekly from the district registrars, and if any are incomplete or unsatisfactory the Director shall require further information to be furnished as is necessary to make the record complete and satisfactory.

(2) All members of any clergy, physicians, funeral directors or informants connected with any case, and all persons having knowledge of the facts, shall, on demand of the Director, or any district registrar, in person, by mail, or through any other person, furnish any information they possess regarding any birth, stillbirth, marriage or death.

(3) The Director is entitled to extracts from, or copies of, any of the registers or records of baptisms, marriages, or burials kept by any church or religious body or any cemetery owner in Alberta at any time without charge.

RSA 1980 cV‑4 s42

Failure to give public notice

41(1) A person who fails to give any notice, or to furnish any statement, certificate or particulars required pursuant to this Act, within the time limited by this Act, is guilty of an offence and liable to a fine not exceeding $1000.

(2) When more than one person is required to give any notice, or to register, or to furnish any statement, certificate or particulars required pursuant to this Act and the duty is carried out by any of those persons, the other or others shall not be held liable.

RSA 2000 cV‑4 s41;2002 c32 s16

Providing false information

41.1 A person who knowingly provides false or misleading information to the Director in respect of any matter under this Act is guilty of an offence and liable to a fine of not more than $50 000.

2002 c32 s16

Unauthorized fees

42 No district registrar either personally or through an employee or representative shall accept any fee or fees in connection with the registration of births, stillbirths, marriages and deaths, except as hereinbefore provided.

RSA 1980 cV‑4 s44;1985 c53 s13

Permit for transporting body

43(1) Subject to subsection (2) and any other Act, a person who removes the body of a deceased person from Alberta without the prescribed burial permit is guilty of an offence and liable to a fine not exceeding $1000.

(2) If the death occurred outside Alberta and the body is accompanied with a burial permit issued in accordance with the law in force where the death occurred, the burial permit is deemed sufficient to authorize the transportation or carriage of the body into or through Alberta.

RSA 1980 cV‑4 s46;1985 c53 s15

General penalty

44 A person who contravenes any provision of this Act or the regulations, for which contravention no penalty is otherwise provided, is guilty of an offence and liable to a fine not exceeding $1000.

RSA 2000 cV‑4 s44;2002 c32 s16

Prosecutions

45(1) No prosecution shall be commenced under this Act without the consent of the Minister.

(2) A prosecution under this Act may be commenced within 2 years after the occurrence of the offence, but not afterwards.

RSA 1980 cV‑4 s48

Regulations

46 The Minister may make regulations

(a) prescribing the duties of the Director;

(b) prescribing the duties of and records to be kept by the district registrars;

(c) prescribing the information and returns to be furnished to the Director, and fixing the times when information and returns are to be transmitted;

(d) fixing the times when district registrars are to forward registrations to the Director;

(e) respecting the imposition of fees and prescribing the amount of the fees for anything done or permitted to be done under this Act or the regulations;

(f) providing for the exemption from or waiver of payment of any fees imposed under this Act or the regulations;

(g) respecting the completion, distribution and retention of medical certificates and interim medical certificates;

(h) designating the persons who may sign registrations and notations;

(h.1) respecting the evidence of a birth that must be provided for the Director to register a birth;

(i) prescribing the evidence on which the Director may register a birth, stillbirth, marriage or death after one year from the date of it;

(j) prescribing the evidence on which the Director may make a registration of birth in the case of a child legitimated by the intermarriage of the child’s parents, subsequent to the child’s birth;

(k) requiring persons in charge of hospitals to make returns of the births and deaths in the hospitals;

(l) respecting forms for the purposes of this Act and the regulations;

(l.1) respecting persons or classes of persons who are authorized to apply for certificates of the registration of a birth, marriage or death;

(l.2) respecting the proof of identity that must be provided by a person applying for a certificate of birth, marriage or death;

(l.01) setting out to whom a report made under section 29 may be disclosed and the purposes for which the information may be used;

(m) for the purpose of effectively securing the due observance of this Act, and generally for the better carrying out of its provisions and obtaining the information required by it.

RSA 2000 cV‑4 s46;2002 c32 s16;2003 cP‑6.5 s74

Regulations

47 The Lieutenant Governor in Council may make regulations

(a) subject to section 10(3), respecting the persons to whom access to or copies of information from records in the office of the Director or of a district registrar may be given, and prescribing an oath of secrecy to be taken by those persons;

(b) respecting the registration of births, marriages, deaths, stillbirths, adoptions or changes of name in cases not otherwise provided for in this Act.

1985 c53 s18

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