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O. Reg. 452/22: GENERAL

filed April 29, 2022 under Vital Statistics Act, R.S.O. 1990, c. V.4

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ontario regulation 452/22

made under the

Vital Statistics Act

Made: January 27, 2022
Filed: April 29, 2022
Published on e-Laws: April 29, 2022
Printed in The Ontario Gazette: May 14, 2022

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

(GENERAL)

1. (1) Subsection 35 (1) of Regulation 1094 of the Revised Regulations of Ontario, 1990 is amended by striking out the portion before paragraph 1 and substituting the following:

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

(2) Subsection 35 (2) of the Regulation is revoked and the following substituted:

(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, cause the completion of, and certify, 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.

(3) Subsection 35 (3) of the Regulation is amended by striking out “complete and sign a medical certificate of death” in the portion before clause (a) and substituting “cause the completion of, and certify, a medical certificate of death”.

(4) Subsection 35 (5) of the Regulation is revoked and the following substituted:

(5) Upon receiving the personal particulars referred to in subsection (1) and upon receiving the medical certificate of death or a warrant to bury, the funeral director shall,

(a) cause the completion of, and certify, the statement of death, setting out the proposed date and place of burial, cremation or other disposition or the removal of the body; and

(b) deliver the statement of death and the medical certificate of death or warrant to bury to the division registrar of the registration division within which the death occurs, if the place of death is known, or to the division registrar of the registration division within which the body is found, if the place of death is not known.

2. Subsection 49.1 (3) of the Regulation is revoked and the following substituted:

(3) A person is exempt from subsection 21 (4) of the Act in respect of a medical certificate of death if,

(a) the person is required to copy or duplicate the medical certificate of death while the person is acting in the course of their employment or professional duties; or

(b) the person is a relative of the deceased and the relative is, for no consideration, providing funeral services in respect of the deceased, other than arterial embalming.

3. Section 51 of the Regulation is revoked and the following substituted:

Correction of errors in death registration documents

51. (1) If it is reported to a division registrar that an error has been made in a registration document in the possession of the division registrar, the division registrar shall inquire into the facts and, if satisfied that an error has been made,

(a) the division registrar may correct the error by including a notation on the registration document without any alteration being made to the original entry in the registration document; or

(b) the division registrar may permit the person who caused the completion of the original entry in the registration document to correct the error in the original entry in the registration document.

(2) Any correction under clause 51 (1) (b) may only be made prior to registration.

(3) In this section,

“registration document” means the following documents:

1. Medical certificate of death.

2. Statement of death.

3. Notice of still-birth.

4. Medical certificate of still-birth.

5. Statement of still-birth.

6. Warrant to bury.

Commencement

4. This Regulation comes into force on the day it is filed.

 

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