ontario regulation 4/07

made under the

vital statistics act

Made: December 6, 2006
Filed: January 15, 2007
Published on e-Laws: January 15, 2007
Printed in The Ontario Gazette: February 3, 2007

Amending O. Reg. 572/05

(Refund of Fees for Services Provided by the Registrar General)

1. (1) Paragraph 3 of subsection 2 (1) of Ontario Regulation 572/05 is revoked.

(2) Section 2 of the Regulation is amended by adding the following subsections:

(1.1) Subject to subsection (2.1), the fees payable for any of the following documents with respect to a marriage or death registered in Ontario with respect to a person are refundable if the conditions set out in section 3 are met:

1. A marriage certificate for the person or a replacement of the certificate.

2. A certified copy of a registration of marriage for the person or a replacement for the certified copy.

3. A death certificate for the person or a replacement of the certificate.

4. A certified copy of a registration of death for the person or a replacement for the certified copy.

. . . . .

(2.1) No fees are refundable under subsection (1.1) if, for the reasons specified in subsection (3), the Registrar General did not, within 15 business days of receiving an application for a document described in that subsection, prepare the document and send it to the applicant at the applicant’s address set out in the application.

(3) Subsection 2 (3) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(3) For the purpose of subsections (2) and (2.1), the following are the reasons specified if they impair the ability of the Registrar General to comply with the applicable one of those subsections:

. . . . .

(4) Paragraph 3 of subsection 2 (3) of the Regulation is revoked and the following substituted:

3. Labour disruption in the ministry of the Registrar General or in any service that the Registrar General uses to deliver or send a document to comply with the applicable one of subsections (2) and (2.1). 

2. (1) Section 3 of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Conditions for refund

3. The following are the conditions for obtaining the refund described in section 2 with respect to any of the documents described in subsection 2 (1):

. . . . .

(2) Paragraph 8 of section 3 of the Regulation is amended by,

(a) striking out “16 days” and substituting “16 business days”; and

(b) striking out “30 days” and substituting “30 business days”.

(3) Section 3 of the Regulation is amended by adding the following subsection:

(2) The following are the conditions for obtaining the refund described in section 2 with respect to any of the documents described in subsection 2 (1.1):

1. The applicant applied for the document by submitting an application on the website on the Internet that the Registrar General maintains for the purpose of receiving the application.

2. If the document is described in paragraph 1 or 2 of subsection 2 (1.1), then at the time that the Registrar General received the application for the document, the marriage had been registered with the Registrar General on or after January 1, 1991 under section 19 or, if applicable, section 20 of the Act and the registration is available in electronic format.

3. If the document is described in paragraph 3 or 4 of subsection 2 (1.1), then at the time that the Registrar General received the application for the document, the death had been registered with the Registrar General on or after January 1, 1991 under section 21 or, if applicable, section 22 or 23 of the Act and the registration is available in electronic format.

4. The Registrar General is satisfied that the applicant was entitled under the Act to apply for the document.

5. The application for the document was complete and accurate at the time that the Registrar General received the application.

6. The Registrar General did not, within 15 business days of receiving the application, prepare the document that the applicant applied for and send it to the applicant at the applicant’s address set out in the application.

7. The applicant who applied for the document has applied for a refund of the fee paid for the document by submitting an application on the website on the Internet described in paragraph 1 by no earlier than 16 business days after the Registrar General received the application for the document and no later than 30 business days after the Registrar General sent the document to a person at the applicant’s address set out in the application.

8. The application for the refund was complete and accurate at the time that the Registrar General received the application.