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Vital Statistics Act
Loi sur les statistiques de l’état civil

R.R.O. 1990, REGULATION 1094

GENERAL

Consolidation Period: From November 13, 2013 to the e-Laws currency date.

Last amendment: O. Reg. 296/13.

This Regulation is made in English only.

CONTENTS

   

Sections

 

Definitions

0.1

 

Registration of Births

1-17., 18

 

Registration of Still-Births

19-29

 

Registration of Marriage

30-34

 

Registration of Deaths

35-48

 

Change of Sex Designation

49

 

Exemption from Prohibition on Copying Documents

49.1

 

Correction of Errors in Registrations

50-52

 

Substitution of Registration

53-54

 

Registration Divisions

55

 

Division Registrars and Sub-Registrars

55.1-55.2

 

Powers and Duties of Division Registrars

55.3-57

 

Certificates

58-64., 65

 

Powers and Duties of Deputy Registrar General

66

 

Duties of Inspectors

67-69

 

International Statistical Classification of Diseases

70

 

Transfer of Records to Archives

70.1

 

Sub-Registrars

71

 

Access to and Information from Records

72-72.3

 

Officers to Sign Registrations and Notations

73

 

Copies of Documents

74-79

 

APPENDIX

 

Definitions

0.1 In this Regulation,

“business day” means any day other than Saturday, Sunday or a holiday;

“division registrar” means a person who is a division registrar by virtue of office under subsection 55.1 (1) or who is appointed as a division registrar under subsection 55.1 (2);

“still-born” as a noun, means the body of a child born as a result of a still-birth and as a verb, means born as a result of a still-birth;

“warrant to bury” means a warrant to bury in a form approved by the Chief Coroner for Ontario. O. Reg. 214/07, s. 1; O. Reg. 68/09, s. 1; O. Reg. 357/11, s. 1.

Registration of Births

1. (1) Upon the birth in Ontario of a child, the following persons shall give notice of the birth under section 8 of the Act in accordance with subsections (2) and (3) of this section, unless a person in attendance at the birth gives the notice in accordance with subsection (4):

1. Each legally qualified medical practitioner or midwife who attends at the birth, except if another legally qualified medical practitioner or midwife who attends at the birth gives the notice.

2. The nurse or other person in attendance at the birth, if no legally qualified medical practitioner or midwife is in attendance at the birth. O. Reg. 214/07, s. 2; O. Reg. 357/11, s. 2 (1).

(2) The notice of birth given under subsection (1) shall be in the form that the Registrar General approves. O. Reg. 214/07, s. 2; O. Reg. 68/09, s. 2 (1).

(3) The person giving the notice of birth under subsection (1) shall mail or deliver it to the Registrar General within two business days after the birth. O. Reg. 357/11, s. 2 (2).

(4) A person in attendance at the birth may have the notice submitted electronically to the office of the Registrar General within two business days after the birth by a person and in a form approved by the Registrar General. O. Reg. 357/11, s. 2 (2).

(5) The person approved by the Registrar General for the purposes of subsection (4) may be the person in attendance at the birth. O. Reg. 357/11, s. 2 (3).

2. (1) In this section,

“assisted conception” means conception that occurs through a means other than sexual intercourse;

“incapable” means unable, because of illness or death, to make a statement;

“other parent” means a person whom a child’s mother acknowledges as the other parent, who wishes to be acknowledged as the other parent and who agrees to certify the statement with respect to the child where the father is unknown and conception occurred through assisted conception;

“statement” means a statement mentioned in subsection (4) respecting the birth in Ontario of a child. O. Reg. 401/06, s. 1.

(2) Subject to subsection (3), for the purposes of subsection 9 (1) of the Act, either of the following groups of persons, and no other persons, are required to certify the birth in Ontario of a child:

1. The mother and the father of the child.

2. The mother and the other parent of the child. O. Reg. 401/06, s. 1.

(3) The duty in subsection 9 (1) of the Act to certify the birth in Ontario of a child does not apply to,

(a) the child’s mother, if she is incapable;

(b) the child’s father, if he is incapable or is unacknowledged by or unknown to the mother; or

(c) the child’s other parent, if the person is incapable. O. Reg. 401/06, s. 1.

(4) A person who is required to certify the birth in Ontario of a child shall make and certify a statement in the form that the Registrar General approves respecting the birth and, subject to subsection (5), shall, within 30 days of the birth,

(a) mail or deliver the statement to the Registrar General; or

(b) submit the statement to the office of the Registrar General electronically in a form approved by the Registrar General. O. Reg. 357/11, s. 3 (1).

(5) If a person has applied for a court order under section 4, 5 or 6 of the Children’s Law Reform Act within 30 days of the birth in Ontario of a child, a person who is required under subsection (4) to make and certify the statement with respect to the child shall mail or deliver the statement to the Registrar General within the earlier of,

(a) 45 days from the date on which the court finally disposes of the application, subject to whatever extension the court has granted under subsection (6); and

(b) the first anniversary of the date of birth of the child, subject to whatever extension the court has granted under subsection (6). O. Reg. 401/06, s. 1; O. Reg. 357/11, s. 3 (2).

(6) The court may grant an extension of a time period specified in clause (5) (a) or (b). O. Reg. 401/06, s. 1.

(7) A parent who makes the statement without the other person who is a parent because that other person is incapable shall attach a statutory declaration of the fact to the statement. O. Reg. 401/06, s. 1.

(8) Another person acting on behalf of a child’s parents may make and certify the statement if,

(a) both parents are incapable; or

(b) the child’s mother is incapable and the father is,

(i) unacknowledged by the mother, or

(ii) unknown to the mother if there is no other parent of the child. O. Reg. 401/06, s. 1.

(9) A person acting on behalf of a child’s parents who makes and certifies the statement under subsection (8) shall,

(a) mail or deliver the statement, together with a statutory declaration that the circumstances described in clause (8) (a) or (b) apply, to the Registrar General; or

(b) submit the statement, together with a statutory declaration that the circumstances described in clause (8) (a) or (b) apply, to the office of the Registrar General electronically in a form approved by the Registrar General, if the Registrar General permits electronic submission for them. O. Reg. 357/11, s. 3 (3).

(10) A statement shall contain particulars of the parents listed on it. O. Reg. 401/06, s. 1.

(10.1) For the purposes of subsection 10 (5) of the Act, a person who makes a statement certifying a child’s birth may indicate on the statement that the person wishes to give the child a surname that is determined, not under subsection 10 (3) of the Act, but in accordance with the child’s cultural, ethnic or religious heritage. O. Reg. 214/07, s. 3 (3).

(10.2), (10.3) Revoked: O. Reg. 357/11, s. 3 (4).

(11) If the office of the Registrar General does not receive a statement respecting a child within the time required by subsection (4) or (5), as applicable, the Registrar General may complete, certify and register a statement. O. Reg. 401/06, s. 1; O. Reg. 214/07, s. 3 (4); O. Reg. 357/11, s. 3 (5).

(12) For the purposes of subsection 9 (3) of the Act, on receiving a certified copy of an order under section 4, 5 or 6 of the Children’s Law Reform Act respecting a child who was born in Ontario, but whose birth is not registered in Ontario, the Registrar General may register the child’s birth to show the particulars of the child’s parents so that the registration accords with the order. O. Reg. 401/06, s. 1.

(13) On receiving a certified copy of an order under section 97 of the Courts of Justice Act that a person is not a parent of a child who was born in Ontario, the Registrar General may consider the order in determining how to register the child’s birth or to amend the registration to show the particulars of the child’s parents. O. Reg. 401/06, s. 1.

(14) If a pregnancy results in the birth of more than one child, a separate statement shall be made in respect of the birth of each child. O. Reg. 401/06, s. 1.

(15) If a statement completed by only one parent of the child or by a person who is not the child’s parent is registered, any parent or both parents of the child may apply to the Registrar General under subsection 9 (6) of the Act to amend the statement. O. Reg. 401/06, s. 1.

(16) A parent who applies to amend the statement without the other person who is a parent shown on the statement or who will be a parent shown on the statement once amended may do so only if that other person is incapable and the applicant attaches a statutory declaration to the application stating that the other person is incapable. O. Reg. 401/06, s. 1.

(17) If the Registrar General receives and approves a statement certifying a child’s birth under this section, the statement so signed constitutes the registration of birth. O. Reg. 68/09, s. 3 (2).

3. (1) For the purposes of subsection 9 (2) of the Act, a person who finds a new-born deserted child or who has received custody or care and control of an abandoned child shall provide the information concerning the birth of the child that the person possesses. O. Reg. 401/06, s. 1.

(2) The person shall, within seven days after finding the child or receiving custody or care and control of the child, provide the information to the Registrar General. O. Reg. 357/11, s. 4 (1).

(3) Upon receiving the information under subsection (2) and upon being satisfied that every effort has been made to identify the child without success, the Registrar General shall,

(a) cause the person who found or has charge of the child to complete a statutory declaration concerning the facts of the finding or receiving of the child and to complete and certify, so far as the person is able, a statement in a form approved by the Registrar General; and

(b) cause the child to be examined by the local medical officer of health or a legally qualified medical practitioner with a view to determining as nearly as possible the day of the birth of the child, and the examiner shall make a statutory declaration setting forth the facts as determined by the examination. O. Reg. 214/07, s. 4; O. Reg. 357/11, s. 4 (2).

(4) Revoked: O. Reg. 357/11, s. 4 (3).

(5) The Registrar General shall review the information and evidence received under this section and, upon being satisfied as to the correctness and sufficiency of the facts stated, shall register the birth. O. Reg. 214/07, s. 4.

(6) For the purposes of registering the birth, the Registrar General shall establish a date of birth, a place of birth and a surname and given name for the child. O. Reg. 214/07, s. 4.

4. (1) If a child’s birth has not been registered within 365 days from its date of birth, any person may apply to the Registrar General for registration of the birth. O. Reg. 214/07, s. 5.

(2) An application under subsection (1) shall be accompanied by,

(a) the required fee;

(b) a statement in a form approved by the Registrar General, completed and certified by the applicant;

(c) the applicant’s statutory declaration in a form approved by the Registrar General; and

(d) the evidence required under section 5. O. Reg. 214/07, s. 5.

(3) If the Registrar General is satisfied that the application is made in good faith, that the evidence adduced in support of it is correct and sufficient and that the regulations have been complied with, the Registrar General shall register the birth by signing the statement. O. Reg. 214/07, s. 5.

(4) The statement signed by the Registrar General constitutes the birth registration. O. Reg. 214/07, s. 5.

5. (1) Subject to subsection (3), an application under section 4 shall be accompanied by at least one item of Class A evidence of birth. O. Reg. 214/07, s. 5.

(2) Class A evidence of birth consists of,

(a) a notice of birth;

(b) a copy of a hospital record of the birth, setting out the date and place of the birth and the name of the mother and certified by an authorized official of the hospital; or

(c) a copy of a record of the legally qualified medical practitioner, midwife or nurse or other person in attendance at the birth, setting out the date and place of the birth and the name of the mother and certified by the practitioner, midwife, nurse or other person, as the case may be. O. Reg. 214/07, s. 5.

(3) An applicant who is unable to obtain Class A evidence of the birth shall file with the Registrar General,

(a) an affidavit setting out the applicant’s attempts to obtain Class A evidence of birth, together with the correspondence the applicant has had in respect of those attempts; and

(b) at least three items of Class B evidence of birth. O. Reg. 214/07, s. 5.

(4) Class B evidence of birth consists of,

(a) a certified copy of the paylist issued by the Department of Aboriginal Affairs and Northern Development (Canada) setting out the name of the child and the child’s age or date of birth;

(b) a copy of a record of a public school, separate school, private school or day nursery that sets out the name of the child and the child’s age or date of birth and that is certified by the principal of the school, the operator of the day nursery or another official or employee of the school or day nursery who has custody of the record;

(c) a certified copy of a census, immigration or consular record that sets out the name of the child and the child’s age or date of birth;

(d) a certified copy of an official health record that sets out the name of the child and the child’s age or date of birth and that was made before the child’s fourth birthday;

(e) a certified copy of a record of a children’s aid society that sets out the name of the child and the child’s age or date of birth and that was made before the child’s fourth birthday;

(f) a copy of the baptismal register in which the child’s baptism is recorded, certified by an authorized official of the church, if the baptism took place or the record was made before the child’s fourth birthday;

(g) affidavits of two persons who are not the parents of the child and who can reliably attest to the date and place of the child’s birth, if each affidavit,

(i) sets out the name of the child,

(ii) sets out the deponent’s relationship to the child,

(iii) sets out the date and place of the child’s birth and states whether the deponent has actual knowledge or reasonable grounds to believe that the date and place of the child’s birth are as set out in the affidavit,

(iv) describes how and why the deponent has actual knowledge or reasonable grounds to believe that the date and place of the child’s birth are as set out in the affidavit, including particulars of the events, circumstances and information on which the deponent’s knowledge or belief are based, and

(v) states that the deponent first saw the child not later than three months after the date of birth; or

(h) any other documentary evidence of birth. O. Reg. 214/07, s. 5.

(5) The affidavits under clause (4) (g) are together one item of Class B evidence of birth. O. Reg. 214/07, s. 5.

(6) In this section,

“children’s aid society” means a society, as defined in the Child and Family Services Act;

“day nursery” has the same meaning as in the Day Nurseries Act;

“operator”, in respect of a day nursery, means an operator of a day nursery within the meaning of the Day Nurseries Act;

“private school”, “public school” and “separate school” have the same meaning as in the Education Act. O. Reg. 214/07, s. 5.

6.-10. Revoked: O. Reg. 214/07, s. 5.

11. (1) An election under section 14 of the Act shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 1094, s. 11 (1); O. Reg. 68/09, s. 4 (1).

(2) A notice of election under subsection 14 (3) of the Act shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 1094, s. 11 (2); O. Reg. 68/09, s. 4 (2).

(3) An acknowledgment of notice referred to in clause 14 (5) (b) of the Act shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 1094, s. 11 (3); O. Reg. 68/09, s. 4 (3).

12. An election under section 15 of the Act shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 1094, s. 12; O. Reg. 68/09, s. 5.

13. Revoked: O. Reg. 510/01, s. 1.

14., 15. Revoked: O. Reg. 214/07, s. 6.

16. An application to set aside the registration of a birth and cause the substitution of a new registration of birth in accordance with the facts contained in an adoption order, judgment or decree shall be in the form approved by the Registrar General and shall have attached to it a statement of birth in the form approved by the Registrar General. O. Reg. 68/09, s. 6.

17., 18. Revoked: O. Reg. 214/07, s. 6.

Registration of Still-Births

19. (1) Upon the occurrence of a still-birth in Ontario, the following persons shall give notice of the still-birth in accordance with subsections (2) and (3), unless a person in attendance at the still-birth gives the notice in accordance with subsection (4):

1. Each legally qualified medical practitioner or midwife who attends at the still-birth, except if another legally qualified medical practitioner or midwife who attends at the still-birth gives the notice.

2. The nurse or other person in attendance at the still-birth, if no legally qualified medical practitioner or midwife is in attendance at the still-birth. O. Reg. 68/09, s. 8.

(2) The notice of still-birth given under subsection (1) shall be in the form approved by the Registrar General. O. Reg. 68/09, s. 8.

(3) The person giving the notice of still-birth under subsection (1) shall mail or deliver it within two business days after the still-birth occurs to,

(a) the Registrar General, if the still-birth occurs in a region or facility where the Registrar General permits the notice to be submitted electronically; or

(b) the division registrar of the registration division within which the still-birth occurs, otherwise. O. Reg. 68/09, s. 8; O. Reg. 357/11, s. 5.

(4) If a still-birth occurs in a region or facility where the Registrar General permits the notice of the still-birth to be submitted electronically, a person in attendance at the still-birth may have the notice submitted electronically to the office of the Registrar General within two business days after the still-birth occurs by a person and in a form approved by the Registrar General. O. Reg. 68/09, s. 8.

20. (1) Upon the occurrence of a still-birth in Ontario, the following person shall complete a medical certificate of still-birth, in the form approved by the Registrar General, setting out the cause of the still-birth and shall deliver it to the funeral director:

1. Subject to paragraph 3, a legally qualified medical practitioner in attendance at the still-birth.

2. A coroner if there is no legally qualified medical practitioner in attendance at the still-birth.

3. A coroner if there is reason to believe that the still-birth has occurred as a result of negligence, malpractice, or misconduct or under circumstances that require investigation. O. Reg. 68/09, s. 8.

(2) If a coroner is required to provide a medical certificate of still-birth, the coroner may issue a warrant to bury if the coroner or a person appointed under section 16.1 of the Coroners Act has examined the still-born and the cause of death has not been determined. O. Reg. 357/11, s. 6.

(3) Upon issuing a warrant to bury, the coroner shall deliver the warrant to the funeral director. O. Reg. 357/11, s. 6.

(4) If a person appointed under section 16.1 of the Coroners Act has examined the still-born and delivers a warrant to bury on behalf of the coroner and if, at the time of issuing the warrant to bury, the coroner is not present in the location where the examination was conducted,

(a) the signature of the coroner on the warrant to bury may be the coroner’s signature reproduced by any method; and

(b) the person delivering the warrant to bury shall affix his or her signature to it. O. Reg. 357/11, s. 6.

(5) As soon as the cause of death is known, the coroner shall complete the medical certificate of still-birth and mail or deliver it to the Registrar General. O. Reg. 357/11, s. 6.

21. (1) In this section,

“assisted conception” means conception that occurs through a means other than sexual intercourse;

“other parent”, where the father is unknown and conception occurred through assisted conception, means a person whom the mother of a still-born acknowledges as the other parent and who wishes to be acknowledged on the statement of still-birth. O. Reg. 68/09, s. 10.

(2) One of the following persons or groups of persons shall certify a still-birth in Ontario:

1. The mother of the still-born.

2. The father of the still-born.

3. The other parent of the still-born.

4. The mother and the father of the still-born.

5. The mother and the other parent of the still-born.

6. An informant having adequate knowledge of the particulars of the still-birth if none of the persons listed in paragraphs 1 to 5 does the certification. O. Reg. 68/09, s. 10.

(3) A person who certifies a still-birth in Ontario shall make and certify a statement of still-birth in the form approved by the Registrar General and shall deliver the statement to the funeral director. O. Reg. 68/09, s. 10.

(4) Upon receiving the medical certificate of still-birth mentioned in subsection 20 (1) or the warrant to bury mentioned in subsection 20 (2) and upon receiving the statement of still-birth mentioned in subsection (3), the funeral director shall complete the statement, setting out the proposed date and place of burial, cremation or other disposition or the removal of the still-born, and shall, subject to subsection (5), deliver the statement and the other documents received to the division registrar of,

(a) the registration division within which the still-birth occurs, if it is known; or

(b) the registration division within which the still-born is found, if the place in which the still-birth occurs is not known. O. Reg. 68/09, s. 10.

(5) If it is impracticable, by reason of distance, to deliver the documents that subsection (4) requires the funeral director to deliver to the division registrar specified in that subsection, the funeral director may deliver the documents to the nearest division registrar. O. Reg. 68/09, s. 10.

22. (1) If, in accordance with section 21, a division registrar receives either of the following sets of documents within one year from the day on which the still-birth occurs and is satisfied as to the correctness and sufficiency of the documents, the division registrar shall forthwith prepare and deliver to the funeral director a burial permit, in the form approved by the Registrar General, for the purpose of the burial, cremation or other disposition or the removal of the still-born:

1. A medical certificate of still-birth and a statement of still-birth.

2. A warrant to bury and a statement of still-birth. O. Reg. 68/09, s. 12.

(2) Unless a burial permit has been issued, no person shall,

(a) bury, cremate or otherwise dispose of a still-born for which the still-birth occurred in Ontario;

(b) remove a still-born from the registration division in which the still-birth occurred or is found; or

(c) take part in or conduct any funeral or religious service for the purpose of the burial, cremation or other disposition of the still-born. O. Reg. 68/09, s. 12.

(3) A cemetery owner shall not permit the interment or cremation of a still-born in the cemetery or crematorium, as the case may be, unless the burial permit is delivered to the cemetery owner. O. Reg. 68/09, s. 12.

(4) Cemetery owners shall retain the burial permit associated with a still-birth for a period of at least two years after the burial. O. Reg. 68/09, s. 12.

(5) If no person is in charge of the cemetery at the time of the burial or other disposition of the still-born, the funeral director shall write across the face of the burial permit a statement to that effect, append his or her signature to the statement and return the burial permit to the division registrar of the registration division in which the burial or other disposition took place. O. Reg. 68/09, s. 12.

23. (1) If a still-born is to be removed to the place of burial or other disposition by a transportation company or other common carrier, the removal shall not take place until the burial permit has been affixed to the outside of the casket. O. Reg. 68/09, s. 14.

(2) If a still-birth occurs outside of Ontario and the burial or other disposition of the still-born is to take place in Ontario, a burial, transit or removal permit or such other document that is required under the laws of the jurisdiction in which the still-birth occurred, signed by the proper officer of the place in which the still-birth occurred, is sufficient authority for the burial or other disposition of the still-born. O. Reg. 68/09, s. 14.

24. (1) If, within one year of the day on which a still-birth occurs, the division registrar of the registration division within which the still-birth occurs receives the notice of still-birth, receives the medical certificate of still-birth or the warrant to bury mentioned in subsection 20 (2) and receives the statement of still-birth and if the division registrar is satisfied as to the correctness and sufficiency of the documents, the division registrar shall sign the medical certificate of still-birth or the warrant to bury, sign the statement of still-birth and mail or deliver the documents so received to the Registrar General. O. Reg. 68/09, s. 16.

(2) If a division registrar receives a medical certificate of still-birth, a warrant to bury or a statement of still-birth within one year of the day on which a still-birth occurs, if the still-birth occurred in a registration division other than that of the division registrar and if the division registrar has not received the associated notice of still-birth, the division registrar shall forward whichever of the documents so received to the division registrar for the registration division within which the still-birth occurred. O. Reg. 68/09, s. 16.

(3) If the division registrar has received a notice of still-birth, a medical certificate of still-birth, a warrant to bury or a statement of still-birth under subsection (1) and cannot register the still-birth in accordance with that subsection or forward the documents in accordance with subsection (2), the division registrar shall, no later than one year after the day on which the still-birth occurs, forward all documents so received to the Registrar General without registering the still-birth. O. Reg. 68/09, s. 16.

25. (1) The Registrar General, acting on information in the notice of still-birth, the medical certificate of still-birth, the statement of still-birth or on any other information as he or she considers appropriate, may register a still-birth that occurs in Ontario. O. Reg. 68/09, s. 16.

(2) Despite the receipt of any documentation or information related to a still-birth, the Registrar General may refuse to register the still-birth until he or she is satisfied that the documentation or information correctly states the facts and, for such purposes, the Registrar General may require the supplementary evidence that he or she considers appropriate. O. Reg. 68/09, s. 16.

(3) If the Registrar General approves a statement mailed or delivered to the Registrar General under subsection 24 (1), the statement so signed constitutes the registration of still-birth. O. Reg. 68/09, s. 16.

(4) One or more parents of a still-born may apply to the Registrar General to replace or amend a statement of still-birth that has been registered or submitted for registration. O. Reg. 68/09, s. 16.

(5) The Registrar General may replace or amend a statement of still-birth submitted by one or more parents of a still-born to change or add a name for the still-born or to replace or correct other information on the statement of still-birth. O. Reg. 68/09, s. 16.

(6) If a still-birth has not been registered within one year of the day that the still-birth occurs, a person may apply to register the still-birth by making an application to the Registrar General in the form approved by the Registrar General. O. Reg. 68/09, s. 16.

26.-28. Revoked: O. Reg. 68/09, s. 18.

29. Revoked: O. Reg. 214/07, s. 9.

Registration of Marriage

30. (1) If, within one year of the date of a marriage, the Registrar General receives a statement of marriage duly completed in accordance with Regulation 738 (General) of the Revised Regulations of Ontario, 1990 made under the Marriage Act and if a person specified in section 73 is satisfied as to the correctness and sufficiency of the statement, the person shall forthwith register the marriage and, upon the request of the person who solemnized the marriage, mail an acknowledgement of receipt of the statement of marriage to the latter person. O. Reg. 68/09, s. 19.

(2) The acknowledgment of receipt of the statement of marriage shall be in the form approved by the Registrar General. O. Reg. 68/09, s. 19.

31. (1) Where a marriage has not been registered within one year of the day of the marriage, application for the registration of the marriage may be made to the Registrar General by either party to the marriage or by any other person. R.R.O. 1990, Reg. 1094, s. 31 (1).

(2) The application shall,

(a) be in the form approved by the Registrar General; and

(b) be accompanied by,

(i) particulars of the marriage in the form approved by the Registrar General,

(ii) a statutory declaration by the applicant in the form approved by the Registrar General,

(iii) the required fee, and

(iv) one item of Class A evidence of marriage or at least two items of Class B evidence of marriage. R.R.O. 1990, Reg. 1094, s. 31 (2); O. Reg. 328/91, s. 7; O. Reg. 303/05, s. 1; O. Reg. 214/07, s. 10; O. Reg. 68/09, s. 20.

32. Class A evidence of marriage consists of,

(a) a notarial copy of the record of the marriage in the marriage register of the church where solemnized;

(b) a certified copy of the record of the marriage in the marriage register of the church where the marriage was solemnized;

(c) an affidavit of the person solemnizing the marriage, setting out the names of the parties and the date and place of their marriage; or

(d) an acknowledgment of receipt of a statement of marriage in the form authorized under the Act at the time the acknowledgement was given. R.R.O. 1990, Reg. 1094, s. 32; O. Reg. 68/09, s. 21.

33. Where an applicant for registration of a marriage not registered within one year of the day of marriage is unable to obtain Class A evidence of the marriage, he or she may file with the Registrar General,

(a) an affidavit setting out the applicant’s attempts to obtain Class A evidence of the marriage, together with the correspondence he or she has had in respect thereto; and

(b) at least two items of Class B evidence of marriage. R.R.O. 1990, Reg. 1094, s. 33.

34. (1) Class B evidence of marriage consists of,

(a) a telegram dated the day of the marriage and addressed to either or both parties to the marriage;

(b) a wedding invitation or wedding announcement setting out the date and place of marriage and the names of the parties;

(c) a newspaper, a notarial copy thereof or a notarial extract therefrom, containing,

(i) the date of publication of the newspaper, and

(ii) an announcement of the marriage, the date and place thereof and the names of the parties;

(d) affidavits of two persons other than parties to the marriage, each stating,

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

(ii) that the deponent was present at the marriage ceremony; or

(e) any other documentary evidence of the marriage. R.R.O. 1990, Reg. 1094, s. 34 (1).

(2) The affidavits referred to in clause (1) (d) shall together be deemed to be one item of Class B evidence of marriage. R.R.O. 1990, Reg. 1094, s. 34 (2).

Registration of Deaths

35. (1) Upon the request of the funeral director, the applicable one of the following persons shall complete, certify and deliver to the funeral director a statement in the form approved by the Registrar General that contains personal particulars of the deceased:

1. The nearest relative present at the death or last illness, or any relative who may be available.

2. If no relative is available, the occupier of the premises in which the deceased died or, if the occupier is the deceased, any adult person residing in the premises who was present at the death or has knowledge of the personal particulars.

3. If the death occurred in unoccupied premises and no relative is available, any adult person who was present at the death or has knowledge of the personal particulars.

4. The coroner who has been notified of the death and who has made an investigation into the death, received a report of the results of an investigation into the death or held an inquest regarding the death. O. Reg. 68/09, s. 22; O. Reg. 357/11, s. 7.

(2) Subject to subsections (3) and (4), any legally qualified medical practitioner who has been in attendance during the last illness of a deceased person or who has sufficient knowledge of the last illness shall immediately after the death complete and sign a medical certificate of death in the form approved by the Registrar General, stating the cause of death according to the classification of diseases adopted by reference in section 70, and shall deliver the medical certificate to the funeral director. O. Reg. 68/09, s. 22.

(3) A registered nurse who holds an extended certificate of registration under the Nursing Act, 1991 shall, immediately after the death of a person, complete and sign a medical certificate of death in the form approved by the Registrar General, stating the cause of death according to the classification of diseases adopted by reference in section 70 and shall deliver the medical certificate to the funeral director if,

(a) the nurse has had primary responsibility for the care of the deceased during the last illness of the deceased;

(b) the death was expected during the last illness of the deceased;

(c) there was a documented medical diagnosis of a terminal disease for the deceased made by a legally qualified medical practitioner during the last illness of the deceased;

(d) there was a predictable pattern of decline for the deceased during the last illness of the deceased; and

(e) there were no unexpected events or unexpected complications during the last illness of the deceased. O. Reg. 68/09, s. 22.

(4) In the case of a death of which the coroner is required to be notified under section 10 of the Coroners Act, the coroner notified shall, as soon as the cause of death is known, complete and sign a medical certificate of death in the form approved by the Registrar General, stating the cause of death according to the classification of diseases adopted by reference in section 70, and shall deliver the medical certificate to the funeral director. O. Reg. 68/09, s. 22.

(5) Upon receiving the statement containing the personal particulars and upon receiving the medical certificate of death or a warrant to bury, the funeral director shall complete the statement containing personal particulars, setting out the proposed date and place of burial, cremation or other disposition or the removal of the body, and shall deliver the documents so received to the division registrar of,

(a) the registration division within which the death occurs, if the place of death is known; or

(b) the registration division within which the body is found, if the place of death is not known. O. Reg. 68/09, s. 22.

36. (1) If, within one year from the day of the death of a person, the division registrar receives the statement containing the personal particulars and receives the medical certificate of death or a warrant to bury and if the division registrar is satisfied as to the correctness and sufficiency of them, the division registrar shall register the death by signing the documents so received; in that case, the documents so received constitute the registration of the death. O. Reg. 68/09, s. 22.

(2) A division registrar shall not register any death after one year from the day of the death. O. Reg. 68/09, s. 22.

(3) Upon registering a death, the division registrar, without the payment of any fee, shall forthwith prepare and deliver to the funeral director,

(a) an acknowledgment of registration of the death in the form approved by the Registrar General; and

(b) a burial permit, in the form approved by the Registrar General, for the purpose of the burial, cremation or other disposition or the removal of the body of the deceased. O. Reg. 68/09, s. 22.

(4) Upon issuing the burial permit, the division registrar shall forward to the Registrar General the statement of death and whichever of the medical certificate of death and the warrant to bury that the division registrar received. O. Reg. 68/09, s. 22.

37. If a death has occurred and it is impracticable to register it, by reason of distance, with the division registrar of the proper registration division, registration of the death may be made with the nearest division registrar who shall,

(a) register the death;

(b) issue an acknowledgment of registration of death and a burial permit; and

(c) transmit to the proper division registrar, within two business days, notice of registration of death in the form approved by the Registrar General and keep a record of the notice so transmitted. O. Reg. 68/09, s. 22.

37.1 Revoked: O. Reg. 68/09, s. 22.

38. (1) A coroner who issues a warrant to bury under subsection 21 (6) of the Act shall,

(a) forthwith deliver it to the funeral director; and

(b) complete and mail or deliver the medical certificate of death to the Registrar General as soon as the cause of death is known. O. Reg. 68/09, s. 22; O. Reg. 357/11, s. 8 (1).

(2) The documentation prescribed for the purpose of clause 21 (5) (b) of the Act is the warrant to bury issued under subsection 21 (6) of the Act or the medical certificate of death. O. Reg. 68/09, s. 22.

(3) If a person appointed under section 16.1 of the Coroners Act is investigating the death and delivers a warrant to bury on behalf of the coroner and if, at the time of issuing the warrant to bury, the coroner is not present in the location where the death investigation is being conducted,

(a) the signature of the coroner on the warrant to bury may be the coroner’s signature reproduced by any method; and

(b) the person delivering the warrant to bury shall affix his or her signature to it. O. Reg. 357/11, s. 8 (2).

39. (1) The documentation that subsection 22 (1) of the Act describes as being required by the regulations consists of the following documents issued by a division registrar:

1. An acknowledgment of registration of death mentioned in clause 36 (3) (a) or 37 (b).

2. A burial permit. O. Reg. 68/09, s. 22.

(2) A cemetery owner shall not permit the interment or cremation of the body of any person in the cemetery or crematorium unless the burial permit is delivered to the cemetery owner. O. Reg. 68/09, s. 22.

(3) For the purpose of subsection 22 (2) of the Act, funeral directors shall retain all acknowledgments of registration of death that they receive under subsection 22 (1) of the Act. O. Reg. 68/09, s. 22.

(4) For the purpose of subsection 22 (2) of the Act, cemetery owners shall retain, for a period of at least two years after the burial, all burial permits that they receive under subsection 22 (1) of the Act. O. Reg. 68/09, s. 22.

(5) If no person is in charge of the cemetery at the time of the burial or other disposition of the body, the funeral director shall write across the face of the burial permit a statement to that effect, append his or her signature to the statement and return the burial permit to the division registrar of the registration division in which the burial or other disposition took place. O. Reg. 68/09, s. 22.

(6) The burial permit is the documentation prescribed for the purpose of subsection 26 (1) of the Act. O. Reg. 68/09, s. 22.

40. (1) If the death of a person has not been registered within one year from the day of the death, any person may apply to the Registrar General, in the form approved by the Registrar General, to have the death registered. O. Reg. 68/09, s. 22.

(2) The application shall be accompanied by,

(a) the required fee;

(b) the completed statement described in subsection 35 (1);

(c) a statutory declaration in the form approved by the Registrar General; and

(d) subject to section 45, at least one item of Class A evidence of death. O. Reg. 68/09, s. 22.

41.-43. Revoked: O. Reg. 68/09, s. 23.

44. (1) Class A evidence of death consists of,

(a) a medical certificate of death in the form authorized under the Act at the time the certificate was made;

(b) a notarial copy of the record of the funeral director; or

(c) an acknowledgment of registration of death in the form authorized under the Act at the time the acknowledgement was given. R.R.O. 1990, Reg. 1094, s. 44; O. Reg. 68/09, s. 24 (1, 2).

(2) The evidence under clause (1) (a) or (b) shall set out the date and place of death and the name of the deceased. O. Reg. 68/09, s. 24 (3).

45. Where an applicant for registration of a death after one year from the day of the death is unable to obtain Class A evidence of the death, he or she may file with the Registrar General,

(a) an affidavit setting out the applicant’s attempts to obtain Class A evidence of the death, together with the correspondence he or she has had in respect thereto; and

(b) at least two items of Class B evidence of death. R.R.O. 1990, Reg. 1094, s. 45.

46. (1) Class B evidence of a death consists of,

(a) a letter or telegram,

(i) addressed to the applicant or a relative of the deceased,

(ii) dated not more than one month after the death, and

(iii) setting out the date of death and the name of the deceased;

(b) a newspaper, a notarial copy thereof or a notarial extract therefrom, containing,

(i) the date of publication of the newspaper, and

(ii) an announcement of the death, the date and place thereof, and the name of the deceased;

(c) a notarial copy of a burial permit or any cemetery record that sets forth the name of the deceased and the date of death;

(d) affidavits of two persons, each stating,

(i) the name of the deceased and the date and place of death,

(ii) the relationship between the deponent and the deceased, and

(iii) that the deponent was present at the funeral and saw the body of the deceased; or

(e) any documentary evidence of death. R.R.O. 1990, Reg. 1094, s. 46 (1).

(2) The affidavits referred to in clause (1) (d) shall together be deemed to be one item of Class B evidence of death. R.R.O. 1990, Reg. 1094, s. 46 (2).

47. If the Registrar General is satisfied that the application made under section 40 is made in good faith and that the evidence adduced in support of it is correct and sufficient, the Registrar General may register the death by signing the statement; in that case, the statement constitutes the registration of the death. O. Reg. 68/09, s. 25.

48. Revoked: O. Reg. 303/05, s. 2.

Change of Sex Designation

49. (1) An application under section 36 of the Act to have the designation of sex on the registration of birth changed shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 1094, s. 49 (1); O. Reg. 68/09, s. 26 (1).

(2) Revoked: O. Reg. 214/07, s. 12.

(3) A medical certificate under clause 36 (2) (a) of the Act shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 1094, s. 49 (3); O. Reg. 68/09, s. 26 (2).

(4) A medical certificate under clause 36 (2) (b) of the Act shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 1094, s. 49 (4); O. Reg. 68/09, s. 26 (3).

Exemption from Prohibition on Copying Documents

49.1 (1) All documents, except for a medical certificate of still-birth or a medical certificate of death, are exempt from subsection 21 (4) of the Act. O. Reg. 68/09, s. 27.

(2) Persons employed in the office of the Registrar General are exempt from subsection 21 (4) of the Act when acting in the course of their employment. O. Reg. 68/09, s. 27.

Correction of Errors in Registrations

50. The statutory declaration mentioned in subsection 34 (1) of the Act shall be in the form approved by the Registrar General. O. Reg. 68/09, s. 28.

51. (1) If, while the registration of any death or still-birth is in the possession of a division registrar, it is reported to him or her that an error has been made in the registration, the division registrar shall inquire into the facts and, if satisfied that an error has been made in the registration, the division registrar may correct the error according to the facts by a notation on the registration without any alteration being made in the registration. O. Reg. 68/09, s. 28; O. Reg. 357/11, s. 9.

(2) If the person originally supplying the information contained in a registration to be corrected appears in person, the division registrar may permit correction in the original entry. O. Reg. 68/09, s. 28.

52. Revoked: O. Reg. 214/07, s. 13.

Substitution of Registration

53. The statutory declaration referred to in subsection 35 (1) of the Act shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 1094, s. 53; O. Reg. 68/09, s. 29.

54. Revoked: O. Reg. 214/07, s. 13.

Registration Divisions

55. (1) The territorial districts of Ontario are divided into 93 registration divisions, each of which is described in one of the Schedules. R.R.O. 1990, Reg. 1094, s. 55 (1).

(2) In the Schedules,

“township”, except where otherwise provided, means geographic township. R.R.O. 1990, Reg. 1094, s. 55 (2).

(3) In the Schedules, a reference to a lettered township, a numbered township or a numbered and lettered township, whether in a range or otherwise, is a reference to that township as it was so designated on the 2nd day of July, 1975. R.R.O. 1990, Reg. 1094, s. 55 (3).

(4) Every Indian agent in Ontario is authorized to act, by virtue of office, as division registrar for the Indians under the agent’s jurisdiction. R.R.O. 1990, Reg. 1094, s. 55 (4).

(5) In this section,

“Schedules” means the Schedules to Regulation 942 of the Revised Regulations of Ontario, 1980 (General) made under the Act, as those Schedules existed on the 31st day of December, 1990. R.R.O. 1990, Reg. 1094, s. 55 (5).

Division Registrars and Sub-Registrars

55.1 (1) The clerk of every municipality is, by virtue of office, the division registrar of the registration division formed by the municipality and any territory attached to the municipality unless the Registrar General appoints some other person as the division registrar under subsection (2) or determines that there shall be no division registrar for that registration division. O. Reg. 214/07, s. 14.

(2) The Registrar General may appoint the division registrar for a registration division whether or not it is formed by a municipality or any territory attached to a municipality. O. Reg. 214/07, s. 14.

55.2 A sub-registrar appointed under subsection 38 (3) of the Act shall,

(a) issue burial permits upon receiving completed statements of personal particulars and medical certificates; and

(b) upon receiving a completed statement of personal particulars and medical certificate, forthwith transmit the statement and the certificate to the division registrar under whom the sub-registrar was appointed. O. Reg. 214/07, s. 14.

Powers and Duties of Division Registrars

55.3 A division registrar has power to take the affidavit or statutory declaration of any person for the purposes of the Act. O. Reg. 214/07, s. 14.

55.4 Revoked: O. Reg. 68/09, s. 30.

55.5 (1) A division registrar shall, if applicable,

(a) receive and sign statements and issue burial permits;

(b) supply, free of charge, any form required by any person in order to comply with the Act;

(c) keep all statements, records, notices and documents that the division registrar receives in a place of safety;

(d) use all available means to obtain the necessary information for the purpose of completing the documents submitted for registration under the Act that the division registrar is required to receive and transmit to the Registrar General for registration;

(e) inform the proper person of the duty to furnish him or her with particulars for the registration of a death or still-birth if the division registrar has reason to believe that any such event has taken place within the registration division and documents to register the event have not been submitted;

(f) on the failure of a person to submit documents to register an event mentioned in clause (e) under the Act within seven days of the event, supply to the Registrar General the information that the division registrar possesses regarding the failure of a person who is required to furnish the particulars mentioned in that clause;

(g) examine every statement of death or still-birth in order to ascertain whether or not it has been completed in the required form;

(h) ensure that documents submitted for registering a death or still-birth under the Act have been written legibly in durable ink;

(i) refuse to accept any statement that does not contain all the items of information required in it unless the division registrar receives a satisfactory explanation for the omission;

(j) call attention to any errors in a statement of personal particulars or medical certificate of death that is incomplete or unsatisfactory, and withhold the issuance of the acknowledgment of registration of death and the burial permit until the errors have been corrected;

(k) sign every statement submitted for registration under the Act, where the signature attests that he or she is satisfied as to the correctness and sufficiency of the statement;

(l) number consecutively the statements of deaths and still-births that the division registrar signs in each calendar year, together with all relevant supporting documentation, where the numbering is in a separate series for each death or still-birth, beginning with the number “1”;

(m) transmit to the Registrar General, as required by this Regulation, documents that the division registrar receives for registration under the Act;

(n) report the fact to the Registrar General, in the form that the latter requires, if no statement of death or still-birth is submitted to the division registrar as required by this Regulation;

(o) keep the records that this Regulation requires the division registrar to keep;

(p) transmit to the proper division registrar within two business days every statement of still-birth, every medical certificate of still-birth and every warrant to bury that the division registrar receives for a still-birth that did not occur within his or her registration division and keep a record of every statement, medical certificate and warrant to bury so transmitted; and

(q) transmit to the office of the Registrar General every notice of birth and every statement of birth that should have been sent to the office of the Registrar General and keep a record of every notice and statement so transmitted.

(r) Revoked: O. Reg. 68/09, s. 31 (2).

O. Reg. 214/07, s. 16; O. Reg. 68/09, s. 31; O. Reg. 357/11, s. 10.

(2) Every division registrar is a prescribed person for the purposes of section 40 of the Act. O. Reg. 214/07, s. 16.

56. A division registrar shall transmit to the Registrar General at the beginning of each week the following documents that the division registrar has received during the preceding week in respect of the registrations made by the division registrar of still-births and deaths:

1. The statements of personal particulars.

2. Notices of still-births.

3. Medical certificates of still-births.

4. Medical certificates of deaths.

5. Warrants to bury. O. Reg. 357/11, s. 11.

57. (1) A division registrar shall keep separate indexes for,

(a) documents that the division registrar is required to receive for registering still-births; and

(b) registrations of deaths. O. Reg. 214/07, s. 18 (1); O. Reg. 357/11, s. 12 (1).

(2) Revoked: O. Reg. 357/11, s. 12 (2).

(3) The index for registrations of deaths shall contain the following particulars of each death:

1. Name of deceased.

2. Date of death.

3. Place of death.

4. Revoked: O. Reg. 68/09, s. 32 (2).

5. Sex.

6. Date of registration.

7. Registration No.

8. Name of the person who completed the medical certificate of death or warrant to bury.

9. Name and address of the funeral home or funeral director. R.R.O. 1990, Reg. 1094, s. 57 (3); O. Reg. 214/07, s. 18 (4); O. Reg. 68/09, s. 32 (2, 3).

(4) The index for documents that the division registrar is required to receive for registering still-births shall contain the following particulars of each still-birth:

1. Name of the still-born.

2. Date of still-birth.

3. Place of still-birth.

4. Sex.

5. Date of registration.

6. Registration No.

7. Name and address of,

i. the person who completed the statement of still-birth,

ii. the person who completed the medical certificate of still-birth or warrant to bury, and

iii. the funeral home or funeral director. R.R.O. 1990, Reg. 1094, s. 57 (4); O. Reg. 214/07, s. 18 (5); O. Reg. 68/09, s. 32 (4, 5).

Certificates

58. Revoked: O. Reg. 214/07, s. 19.

59. (1) A change of name certificate shall be in the form approved by the Registrar General. O. Reg. 690/94, s. 1; O. Reg. 68/09, s. 33.

(2) Revoked: O. Reg. 510/01, s. 2.

(3), (4) Revoked: O. Reg. 328/93, s. 3.

60. (1) A birth certificate of a live birth shall be in the form approved by the Registrar General. O. Reg. 690/94, s. 2; O. Reg. 68/09, s. 34.

(2) Revoked: O. Reg. 510/01, s. 3.

(3), (4) Revoked: O. Reg. 328/93, s. 4.

61. (1) A marriage certificate shall be in the form approved by the Registrar General. O. Reg. 303/05, s. 3; O. Reg. 68/09, s. 35.

(2) Revoked: O. Reg. 510/01, s. 4.

62. (1) A death certificate shall be in the form approved by the Registrar General. O. Reg. 328/93, s. 5; O. Reg. 68/09, s. 36.

(2) Revoked: O. Reg. 510/01, s. 5.

63. Revoked: O. Reg. 510/01, s. 6.

63.1 The persons described in this section are prescribed as guarantors for the purposes of section 45.1 of the Act:

1. Canadian citizens who have known the applicant for at least two years and who are currently serving as one of the following:

i. Judge, justice of the peace, officer of the Royal Canadian Mounted Police or person duly authorized as a municipal, provincial or First Nations police officer.

ii. Mayor.

iii. Member of the Legislative Assembly of Ontario.

iv. Minister of religion authorized under provincial law to perform marriages.

v. Municipal clerk or treasurer who is a member of the Association of Municipal Managers, Clerks and Treasurers of Ontario.

vi. Notary public.

vii. Principal or vice-principal of a primary or secondary school.

viii. Senior administrator or professor in a university or a senior administrator in a community college or in a CEGEP in Quebec.

ix. Signing officer of a bank, caisse d’économie, caisse populaire, credit union or trust company.

x. Chief of a band recognized under the Indian Act (Canada).

2. Canadian citizens who have known the applicant for at least two years and who are practising members in good standing of a provincial regulatory body established by law to govern one of the following professions:

i. Chiropractor, dentist, midwife, nurse, optometrist, pharmacist, physician or surgeon, psychologist or veterinarian.

ii. Lawyer.

iii. Professional accountant.

iv. Professional engineer.

v. Social worker or social service worker.

vi. Teacher in a primary or secondary school. O. Reg. 11/02, s. 1; O. Reg. 573/05, s. 1.

64., 65. Revoked: O. Reg. 214/07, s. 20.

Powers and Duties of Deputy Registrar General

66. (1) Except as set forth in subsections 3 (3), (4) and (5) of the Act, the powers and duties of the Registrar General under the Act are delegated to the Deputy Registrar General. R.R.O. 1990, Reg. 1094, s. 66 (1).

(2) Despite subsection (1), the Registrar General may exercise the powers and perform the duties prescribed for him or her under the Act. R.R.O. 1990, Reg. 1094, s. 66 (2).

Duties of Inspectors

67. (1) An inspector shall, in the registration divisions assigned to him or her,

(a) inspect the offices of division registrars;

(b) examine the registrations, records, notices, documents and indexes in the possession of division registrars in order to ensure that the Act and this Regulation have been complied with;

(c) inspect the registrations in the possession of the division registrars to ensure that the registrations have been written legibly in durable ink;

(d) instruct division registrars in their duties and advise them on any matter arising under the Act or this Regulation;

(e) visit persons who have failed to comply and investigate the reasons for the failure;

(f) advise legally qualified medical practitioners, nurses, coroners, funeral directors and cemetery owners of their duties under the Act and this Regulation;

(g) investigate and prepare a written report on any matter referred to the inspector by the Registrar General or the Deputy Registrar General;

(h) visit cemetery owners and inspect the burial permits in their possession in order to ensure that the deaths have been registered in accordance with the Act and this Regulation;

(i) investigate complaints arising under the Act or this Regulation;

(j) investigate contraventions of the Act or this Regulation that are reported to the inspector and prepare a written report thereon in duplicate;

(k) prepare a separate report, in triplicate, on each registration division he or she has inspected during the week; and

(l) prepare a summary in duplicate that sets out,

(i) the registration divisions and hospitals the inspector has visited, and

(ii) the names of the persons the inspector has visited in the course of the inspector’s investigations,

since the last summary. R.R.O. 1990, Reg. 1094, s. 67 (1).

(2) The original of the report referred to in clause (1) (j) shall be forwarded to the Deputy Registrar General and the copy shall be retained by the inspector. R.R.O. 1990, Reg. 1094, s. 67 (2).

68. (1) A report referred to in clause 67 (1) (k) shall,

(a) be signed by the inspector; and

(b) set out in detail the result of the inspection and the inspector’s recommendations. R.R.O. 1990, Reg. 1094, s. 68 (1).

(2) The original of the report shall be forwarded to the Deputy Registrar General. R.R.O. 1990, Reg. 1094, s. 68 (2).

(3) One copy of the report shall be given to the division registrar and the other copy shall be retained by the inspector. R.R.O. 1990, Reg. 1094, s. 68 (3).

69. (1) The original of the summary referred to in clause 67 (1) (l) shall be forwarded to the Deputy Registrar General. R.R.O. 1990, Reg. 1094, s. 69 (1).

(2) The copy of the summary shall be retained by the inspector. R.R.O. 1990, Reg. 1094, s. 69 (2).

International Statistical Classification of Diseases

70. The International Statistical Classification of Diseases and Related Health Problems, as last revised or updated and as published by the World Health Organization, is adopted for the purposes of classifying diseases under the Act. O. Reg. 357/11, s. 13.

Transfer of Records to Archives

70.1 (1) The Registrar General shall transfer the registrations and records referred to in the Appendix to the Archives of Ontario following the timetables set out in the Appendix. O. Reg. 484/91, s. 1.

(1.1) Despite subsection (1), the Registrar General shall not transfer, under that subsection, any versions of registrations and records that are in electronic format unless the Registrar General and the Archivist of Ontario appointed under the Archives and Recordkeeping Act, 2006 have agreed to the transfer and have put in place the technological means to do the transfer. O. Reg. 296/13, s. 1.

(2) The Registrar General shall,

(a) annually review the registrations and records of the events described in the Appendix; and

(b) annually transfer those that deal with events that, because of the timetables in the Appendix, qualify for transfer under the Appendix. O. Reg. 484/91, s. 1.

(3) Despite subsection (1) and clause (2) (b), if the registrations and records are recorded in a volume, the Registrar General shall delay transferring them until all of the registrations and records contained in the volume fall within the timetables set out in the Appendix. O. Reg. 484/91, s. 1.

(4) The Registrar General shall transfer to the Archives of Ontario those records entitled “Ontario Statistics — Overseas Deaths” for the years 1939 to 1947. O. Reg. 484/91, s. 1.

Sub-Registrars

71. Where, with the approval of the Registrar General, the division registrar in a city having a population of 50,000 or over appoints a sub-registrar to carry out the provisions of the Act with respect to the registration of deaths and for the issuing of burial permits, the sub-registrar shall,

(a) within 24 hours after issuing a burial permit, forward to the division registrar by whom the sub-registrar was appointed the statement of death and whichever of the medical certificate of death and the warrant to bury that the sub-registrar receives; and

(b) keep a chronological index containing the following particulars of each death:

1. Name of deceased.

2. Date of death.

3. Place of death.

4. Revoked: O. Reg. 68/09, s. 37 (1).

5. Sex.

6. Revoked: O. Reg. 68/09, s. 37 (1).

7. Name of the person who completed the medical certificate of death or warrant to bury.

8. Name and address of the funeral home or funeral director. R.R.O. 1990, Reg. 1094, s. 71; O. Reg. 68/09, s. 37.

Access to and Information from Records

72. (1) The following persons, only after taking an oath of secrecy in the form approved by the Registrar General, may have access to or be given information from the records in the Registrar General’s office:

1. The Regional Director of Family Allowances for Canada.

2. A representative of Canada, duly authorized in writing.

3. A representative of Ontario or another province, duly authorized in writing.

4. Upon application to the Registrar General, a representative of a state or country other than Ontario or Canada.

5. A member of a police force of a municipality in Ontario.

6. A representative of a Children’s Aid Society that is approved under the Child and Family Services Act.

7. A person undertaking statistical, epidemiological or other research that is in the public interest. R.R.O. 1990, Reg. 1094, s. 72 (1); O. Reg. 68/09, s. 38 (1).

(2) The following persons, only after taking an oath of secrecy in the form approved by the Registrar General, may be given information from the records in any division registrar’s office:

1. A medical officer of health of a board of health.

2. An employee of a board of health who is designated in writing for the purpose by the medical officer of health. R.R.O. 1990, Reg. 1094, s. 72 (2); O. Reg. 68/09, s. 38 (2).

(3) The following persons may be given such information from the records in the Registrar General’s office as is appropriate in the circumstances:

1. A person undertaking genealogical research in respect of the person’s family. R.R.O. 1990, Reg. 1094, s. 72 (3).

(4) The payment of any fee for information given under subsections (1) and (2) may be waived. R.R.O. 1990, Reg. 1094, s. 72 (4).

(5) Revoked: O. Reg. 467/07, s. 2.

72.1 (1) The following are prescribed as institutions for the purposes of section 48.13 of the Act:

1. Canada Border Services Agency.

2. Canada Employment Insurance Commission.

3. Canada Revenue Agency.

4. Chief Electoral Officer of Canada and the office of the Chief Electoral Officer of Canada.

5. Chief Electoral Officer of Ontario and the office of the Chief Electoral Officer of Ontario.

6. Department of Human Resources and Skills Development.

7. Ontario Public Service Employees’ Union Pension Plan Board of Trustees.

8. Ontario Public Service Pension Board.

9. Ontario Teachers’ Pension Plan Board.

10. Passport Canada. O. Reg. 68/09, s. 39; O. Reg. 357/11, s. 14.

(2) The following requirements are prescribed for the purposes of clause 48.13 (2) (c) of the Act with respect to an application for the disclosure of information to an institution:

1. The applicant shall identify in the application the persons within the institution and within agents acting on its behalf who will have access to the information immediately upon its disclosure.

2. Before the Registrar General discloses the information, the applicant and the persons described in paragraph 1 shall undergo a security clearance check that meets the standards specified by the Registrar General and the applicant shall provide evidence in writing of the security clearance checks to the Registrar General.

3. Before the Registrar General discloses the information, the applicant and the persons described in paragraph 1 shall take an oath of secrecy and the applicant shall provide evidence in writing of the oath to the Registrar General. O. Reg. 463/06, s. 1.

(3) An agreement mentioned in clause 48.13 (2) (d) of the Act with respect to an application for the disclosure of information to an institution shall set out,

(a) a description of the information;

(b) if the information is disclosed under subsection 48.13 (5) of the Act, a description of the other information that the institution has before making the application and that necessitates the disclosure of the information;

(c) a statement that the Registrar General does not guarantee the accuracy or sufficiency of the information;

(d) the frequency, method and timing of disclosure of the information;

(e) a description of the time period of the agreement, subject to the right of the Registrar General to terminate it under subsection 72.2 (3);

(f) a description of whatever right the institution has under the agreement to renew it and the process for doing so;

(g) a list of the agents of the institution who will be acting on its behalf in using the information;

(h) subject to subsection 48.13 (6) of the Act, the purpose for which the institution and agents of the institution acting on its behalf will use the information;

(i) a description of the protocol regarding the persons within the institution and within agents of the institution acting on its behalf who will be given access to the information in addition to those identified in the application;

(j) a requirement that the additional persons described in clause (i) shall take an oath of secrecy and undergo a security clearance check that meets the standards specified by the Registrar General before accessing the information;

(k) a description of the policies and practices of the institution for protecting the information;

(l) a description of the policies and practices of the institution for storing the information at all times, including security measures to ensure the confidentiality of the information;

(m) a requirement that the institution and agents of the institution acting on its behalf use, access and store the information at all times at a location in Canada;

(n) a description of the manner in which the institution is required to destroy the information;

(o) a requirement that the institution notify the Registrar General of all changes to information contained in the agreement about the institution and its agents acting on its behalf;

(p) a requirement that the institution notify the Registrar General upon becoming aware that any term or condition set out in the agreement has been breached, including notification of any loss, theft, malfunction; and

(q) a description of events that allow the Registrar General to terminate the agreement. O. Reg. 463/06, s. 1.

72.2 (1) At the request of the Registrar General, an institution to whom the Registrar General discloses information under section 48.13 of the Act shall give the Registrar General a copy of the policies and practices described in clause 72.1 (3) (k) or (l). O. Reg. 463/06, s. 1.

(2) An institution to whom the Registrar General discloses information under section 48.13 of the Act shall not allow persons within the institution or within agents acting on its behalf access to the information, in addition to the persons identified in the institution’s application for disclosure of the information, until those additional persons take an oath of secrecy and undergo a security clearance check that meets the standards specified by the Registrar General. O. Reg. 463/06, s. 1.

(3) If an event described in the agreement mentioned in clause 48.13 (2) (d) of the Act in accordance with clause 72.1 (3) (q) occurs, the Registrar General may terminate the agreement and, in that case, the Registrar General may,

(a) require that the institution and persons authorized to have access to the information immediately discontinue using the information;

(b) demand that the institution return the information to the Registrar General and destroy all copies of the information; and

(c) require the institution to comply with any other demand regarding the use, retention and destruction of the information. O. Reg. 463/06, s. 1.

72.3 An institution to whom the Registrar General discloses information under section 48.13 of the Act shall destroy the information no later than one year after receiving it. O. Reg. 463/06, s. 1.

Officers to Sign Registrations and Notations

73. The following officers may sign registrations and notations:

1. The Registrar General.

2. The Deputy Registrar General.

3. The Assistant Deputy Registrar General.

4. The Program Manager.

5. Team Managers. O. Reg. 673/94, s. 1.

Copies of Documents

74. Revoked: O. Reg. 467/07, s. 3.

75. (1) The Registrar General may issue a statement in the form approved by the Registrar General respecting particulars of the birth of a person if,

(a) the person has been adopted in Ontario, and was born in a jurisdiction where a birth certificate in the adoptive name is not obtainable; and

(b) the applicant files with the Registrar General a certified copy of the person’s original birth certificate and a certified copy of the adoption order. O. Reg. 328/91, s. 22; O. Reg. 68/09, s. 40.

(2) Revoked: O. Reg. 467/07, s. 4.

76. Revoked: O. Reg. 510/01, s. 7.

77. Revoked: O. Reg. 467/07, s. 5.

78. Revoked: O. Reg. 467/07, s. 6.

79. Revoked: O. Reg. 510/01, s. 8.

APPENDIX

1. All registrations and records relating to births and still-births, including those registrations and records deposited with the Registrar General under section 29 of the Vital Statistics Act (R.S.O. 1980, c. 524), that were created before January 1, 1897 or were created more than 104 years before January 1 of the year of the transfer of the registrations and records.

2. All registrations and records relating to deaths, including those registrations and records deposited with the Registrar General under section 29 of the Vital Statistics Act (R.S.O. 1980, c. 524), that were created before January 1, 1922 or were created more than 69 years before January 1 of the year of the transfer of the registrations and records.

3. All registrations and records relating to marriages, including those registrations and records deposited with the Registrar General under section 29 of the Vital Statistics Act (R.S.O. 1980, c. 524), that were created before January 1, 1912 or were created more than 79 years before January 1 of the year of the transfer of the registrations and records.

4. All registrations and records relating to adoptions, including those registrations and records deposited with the Registrar General under section 29 of the Vital Statistics Act (R.S.O. 1980, c. 524), that were created before January 1, 1892 or were created more than 99 years before January 1 of the year of the transfer of the registrations and records, except for any adoption registrations and records that were ordered sealed by a court. O. Reg. 484/91, s. 2; O. Reg. 296/13, s. 2.

FORMS 1, 2 / FORMULES 1 et 2 Revoked: O. Reg. 401/06, s. 2.

FORM 3 Revoked: O. Reg. 68/09, s. 41.

FORMS 4, 5 Revoked: O. Reg. 214/07, s. 22.

FORM 6 Revoked: O. Reg. 68/09, s. 41.

FORM 7 Revoked: O. Reg. 214/07, s. 22.

FORM 8 / FORMULE 8 Revoked: O. Reg. 68/09, s. 41.

FORMS 9-11 Revoked: O. Reg. 68/09, s. 41.

FORMS 12-14 Revoked: O. Reg. 303/05, s. 4.

FORMS 15-21 Revoked: O. Reg. 68/09, s. 41.

FORM 22 Revoked: O. Reg. 303/05, s. 4.

FORMS 23-26 Revoked: O. Reg. 68/09, s. 41.

FORM 27 Revoked: O. Reg. 214/07, s. 22.

FORM 28 Revoked: O. Reg. 68/09, s. 41.

FORM 29 / FORMULE 29 Revoked: O. Reg. 68/09, s. 41.

FORM 30 Revoked: O. Reg. 303/05, s. 4.

FORMS 31, 32 Revoked: O. Reg. 68/09, s. 41.

FORMS 33, 34 / FORMULES 33 et 34 Revoked: O. Reg. 401/06, s. 2.

FORMS 35-38 / FORMULES 35 à 38 Revoked: O. Reg. 68/09, s. 41.

FORMS 39-42 Revoked: O. Reg. 68/09, s. 41.

FORM 43 / FORMULE 43 Revoked: O. Reg. 467/07, s. 7.