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Ontario regulation 214/07

made under the

vital statistics Act

Made: May 16, 2007
Filed: May 25, 2007
Published on e-Laws: May 25, 2007
Printed in The Ontario Gazette: June 9, 2007

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

(General)

1. (1) Regulation 1094 of the Revised Regulations of Ontario, 1990 is amended by adding the following section:

Definition

0.1 In this Regulation,

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

(2) Section 0.1 of the Regulation, as made by subsection (1), is amended by adding the following definition:

“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).

2. Section 1 of the Regulation is revoked and the following substituted:

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 (5):

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.

(2) The notice of birth given under subsection (1) shall be in the form that the Registrar General requires.

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

(a) the Registrar General, if the child was born 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 child was born, otherwise.

(4) After receiving a notice of birth under clause (3) (b), the division registrar shall transmit it to the Registrar General in accordance with section 55.4.

(5) If a child is born in a region or facility where the Registrar General permits notice of the birth under section 8 of the Act to be submitted electronically, 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.

3. (1) Subsection 2 (4) of the Regulation is revoked and the following substituted:

(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,

(a) if the child is born in a region or facility where the Registrar General permits the notice of birth under section 8 of the Act to be submitted electronically,

(i) mail or deliver the statement to the Registrar General, or

(ii) submit the statement to the office of the Registrar General electronically in a form approved by the Registrar General; or

(b) mail or deliver the statement to the division registrar of the registration division within which the child was born, otherwise.

(2) Subsection 2 (9) of the Regulation is revoked and the following substituted:

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

(a) if the child is born in a region or facility where the Registrar General permits the notice of birth under section 8 of the Act to be submitted electronically,

(i) 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

(ii) 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; or

(b) 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, otherwise.

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

(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.

(4) Subsection 2 (11) of the Regulation is amended by adding “or the office of the Registrar General” after “division registrar”.

(5) Subsection 2 (17) of the Regulation is revoked.

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

(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,

(a) the Registrar General, if the person finds or receives the child in a region or facility where the Registrar General permits the notice of birth under section 8 of the Act to be submitted electronically; or

(b) the division registrar of the registration division within which the person finds or receives the child, otherwise.

(3) Upon receiving the information under clause (2) (a) 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.

(4) Upon receiving the information under clause (2) (b) and upon being satisfied that every effort has been made to identify the child without success, the division registrar shall,

(a) cause 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 and certify, so far as the person is able, a statement in a form approved by the Registrar General;

(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; and

(c) make a detailed report of the case and transmit the report to the Registrar General together with evidence regarding the birth of the child.

(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.

(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.

5. Sections 4 to 10 of the Regulation are revoked and the following substituted:

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.

(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.

(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.

(4) The statement signed by the Registrar General constitutes the birth registration.

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.

(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.

(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.

(4) Class B evidence of birth consists of,

(a) a certified copy of the paylist issued by the Department of Indian and Northern Affairs (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.

(5) The affidavits under clause (4) (g) are together one item of Class B evidence of birth.

(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.

6. Sections 14, 15, 17 and 18 of the Regulation are revoked.

7. Sections 19 and 20 of the Regulation are revoked and the following substituted:

Registration of Still-Births

19. (1) The following provisions apply with necessary modifications to still-births:

1. Sections 8, 9, 10, 11, 12, 13, 17, 21, 22, 23, 24, 25, 26 and 27 of the Act.

2. Subsections 2 (1) to (3), (5) to (8) and (10) to (16) and sections 3, 35, 36, 37, 38 and 39 of this Regulation.

(2) Upon the still-birth in Ontario of a child, the following persons shall give notice of the still-birth under section 8 of the Act:

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.

(3) The notice of still-birth shall be in the form that the Registrar General requires.

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

(5) After receiving the notice of still-birth, the division registrar shall transmit it to the Registrar General in accordance with section 55.4.

(6) A person who is required to certify the still-birth in Ontario of a child shall make and certify a statement in the form that the Registrar General requires respecting the still-birth and, subject to subsection 2 (5), shall, within 30 days of the still-birth, mail or deliver the statement to the division registrar of the registration division within which the child was still-born.

(7) A person acting on behalf of a child’s parents who makes and certifies the statement under subsection 2 (8) with respect to a still-birth shall mail or deliver the statement, together with a statutory declaration that the circumstances described in clause 2 (8) (a) or (b) apply, to the division registrar of the registration division within which the child was still-born.

8. Clause 26 (b) of the Regulation is revoked and the following substituted:

(b) a copy of the record of the legally qualified medical practitioner, midwife, nurse or other person in attendance at the still-birth, certified by the practitioner, midwife, nurse or other person, as the case may be;

9. Section 29 of the Regulation is revoked.

10. Subclause 31 (2) (b) (iii) of the Regulation is revoked and the following substituted:

(iii) the required fee, and

11. Sections 40 and 47 of the Regulation are revoked.

12. Subsection 49 (2) of the Regulation is revoked.

13. Sections 51, 52 and 54 of the Regulation are revoked.

14. The Regulation is amended by adding the following sections:

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.

(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.

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.

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.

15. The Regulation is amended by adding the following section:

55.4 (1) Subject to subsection (2), on receiving a statement under clause 2 (9) (b) or subsection 19 (6), the division registrar, if satisfied as to its correctness and sufficiency, shall sign the statement.

(2) A division registrar shall not sign a statement mentioned in subsection (1) after 365 days from its date.

(3) On signing the statement, the division registrar shall promptly mail or deliver to the Registrar General,

(a) the statement; and

(b) the notice given under section 8 of the Act if the division registrar has received it.

(4) The statement signed by the division registrar and approved by the Registrar General constitutes the registration of the birth or the still-birth, as the case may be.

(5) If a division registrar receives a notice of a birth under section 8 of the Act but no statement under clause 2 (9) (b) of this Regulation within 365 days of the birth, the division registrar shall record having received the notice of birth and mail or deliver it to the Registrar General.

(6) If a division registrar receives a notice of a still-birth under section 8 of the Act but no statement under subsection 19 (6) of this Regulation within 365 days of the still-birth, the division registrar shall record having received the notice of still-birth and mail or deliver it to the Registrar General.

16. The Regulation is amended by adding the following section:

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

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

(b) supply, free of charge, any prescribed 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 birth, 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 birth, 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 birth, 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 births, 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 birth, 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 birth, 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 notice of birth or still-birth and every statement of birth or still-birth received by the division registrar for a birth or still-birth, as the case may be, that did not occur within his or her registration division and keep a record of every notice and statement so transmitted;

(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; and

(r) transmit to the proper division registrar within two business days notice of every registration of death made by him or her that did not occur within his or her registration division and keep a record of every notice so transmitted.

(2) Every division registrar is a prescribed person for the purposes of section 40 of the Act.

17. The Regulation is amended by striking out the heading “Duties of Division Registrars” immediately before section 56.

18. (1) Subsection 57 (1)  of the Regulation is revoked and the following substituted:

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

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

(b) registrations of deaths.

(2) Subsection 57 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

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

. . . . .

(3) Subparagraph 7 ii of subsection 57 (2) of the Regulation is revoked and the following substituted:

ii. the legally qualified medical practitioner, midwife, nurse or other person in attendance at the birth.

(4) Subparagraph 8 ii of subsection 57 (3) of the Regulation is revoked and the following substituted:

ii. the person who completed the medical certificate of death, being a legally qualified medical practitioner, coroner or registered nurse who holds an extended certificate of registration under the Nursing Act, 1991, and

(5) Subsection 57 (4) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(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:

. . . . .

19. Section 58 of the Regulation is revoked.

20. Sections 64 and 65 of the Regulation are revoked.

21. Section 70 of the Regulation is revoked and the following substituted:

International Classification of Diseases

70. The Tenth Revision of the International Classification of Diseases endorsed by the Forty-third World Health Assembly of the World Health Organization is adopted for the purposes of classifying diseases under the Act.

22. Forms 4, 5, 7 and 27 of the Regulation are revoked.

23. Section 12 of the Act is repealed.

24. (1) Subject to subsections (2) to (6), this Regulation comes into force on the day it is filed.

(2) Subsection 1 (2) comes into force on the later of,

(a) the day section 5 of the Vital Statistics Statute Law Amendment Act (Security of Documents), 2001 comes into force; and

(b) the day this Regulation is filed.

(3) Section 4 comes into force on the later of,

(a) the day subsection 102 (12) of the Statute Law Amendment Act (Government Management and Services), 1994 comes into force; and

(b) the day this Regulation is filed.

(4) Sections 5, 15 and 23 come into force on the later of,

(a) the day subsection 102 (10) of the Statute Law Amendment Act (Government Management and Services), 1994 comes into force; and

(b) the day this Regulation is filed.

(5) Sections 14 and 17 come into force on the later of,

(a) the day section 5 of the Vital Statistics Statute Law Amendment Act (Security of Documents), 2001 comes into force; and

(b) the day this Regulation is filed.

(6) Section 16 comes into force on the later of,

(a) the day subsection 102 (24) of the Statute Law Amendment Act (Government Management and Services), 1994 comes into force; and

(b) the day this Regulation is filed.