O. Reg. 401/06: GENERAL

 

ontario regulation 401/06

made under the

vital statistics act

Made: August 24, 2006
Filed: August 25, 2006
Published on e-Laws: August 28, 2006
Printed in The Ontario Gazette: September 9, 2006

Amending Reg. 1094 of R.R.O. 1990

(General)

1. Sections 1, 2 and 3 of Regulation 1094 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:

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:

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 in attendance at the birth, if no legally qualified medical practitioner or midwife is in attendance at the birth.

(2) The notice of birth shall be in the form that the Registrar General requires under section 42 of the Act.

(3) The person giving the notice of birth shall deliver or mail it within two days after the day of birth to the division registrar of the registration division within which the child was born.

(4) Upon receiving the notice of birth, the division registrar shall transmit it to the Registrar General.

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.

(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.

(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.

(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 requires respecting the birth and, subject to subsection (5), shall, within 30 days of the birth, mail or deliver the statement to the division registrar of the registration division within which the child was born.

(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 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).

(6) The court may grant an extension of a time period specified in clause (5) (a) or (b).

(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.

(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.

(9) A person acting on behalf of a child’s parents who makes and certifies the statement under subsection (8) shall mail or deliver the statement, together with a statutory declaration that the circumstances described in clause (8) (a) or (b) apply, to the division registrar of the registration division within which the child was born.

(10) A statement shall contain particulars of the parents listed on it.

(11) If the appropriate division registrar 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.

(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.

(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.

(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.

(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.

(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.

(17) Sections 8, 9, 10, 11, 12, 13, 17, 21, 22, 23, 24, 25, 26 and 27 of the Act and this section and sections 1, 3 to 15 and 35 to 47 of this Regulation apply with necessary modifications to still-births.

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.

(2) The person shall provide the information to the division registrar of the registration division, within which the child is found, within seven days after finding the child or receiving custody or care and control of the child.

2. Forms 1, 2, 33 and 34 of the Regulation are revoked.

3. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Sections 1 and 2 come into force on the day subsection 102 (5) of the Statute Law Amendment Act (Government Management and Services), 1994 comes into force.