You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

Vital Statistics Act, R.S.O. 1990, c. V.4

Skip to content
Versions
Regulations under this Act
Revoked/spent regulations under this Act
current December 31, 2022 (e-Laws currency date)
April 30, 2021 December 30, 2022
March 1, 2021 April 29, 2021
December 8, 2020 February 28, 2021
May 29, 2019 December 7, 2020
April 30, 2018 May 28, 2019
December 5, 2017 April 29, 2018
June 1, 2017 December 4, 2017
May 10, 2017 May 31, 2017
January 1, 2017 May 9, 2017
December 5, 2016 December 31, 2016
September 1, 2016 December 4, 2016
April 19, 2016 August 31, 2016
December 3, 2015 April 18, 2016
July 1, 2012 December 2, 2015
June 20, 2012 June 30, 2012
September 1, 2011 June 19, 2012
March 30, 2011 August 31, 2011
October 25, 2010 March 29, 2011
March 1, 2010 October 24, 2010
December 15, 2009 February 28, 2010
June 1, 2009 December 14, 2009
May 14, 2009 May 31, 2009
April 15, 2009 May 13, 2009
September 1, 2008 April 14, 2009
May 14, 2008 August 31, 2008
September 17, 2007 May 13, 2008
September 1, 2007 September 16, 2007
July 25, 2007 August 31, 2007
May 25, 2007 July 24, 2007
April 1, 2007 May 24, 2007
January 31, 2007 March 31, 2007
January 2, 2007 January 30, 2007
December 20, 2006 January 1, 2007
November 30, 2006 December 19, 2006
October 19, 2006 November 29, 2006
October 2, 2006 October 18, 2006
June 22, 2006 October 1, 2006
May 18, 2006 June 21, 2006
March 28, 2006 May 17, 2006
November 3, 2005 March 27, 2006
January 1, 2003 November 2, 2005
39 more

Vital Statistics Act

R.S.O. 1990, CHAPTER V.4

Historical version for the period January 31, 2007 to March 31, 2007.

Amended by: 1993, c. 27, Sched.; 1994, c. 27, s. 102; 1997, c. 9, s. 7; 1998, c. 18, Sched. E, ss. 290-303; 1999, c. 12, Sched. F, ss. 43, 44; 2001, c. 9, Sched. D, s. 13; 2001, c. 21; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. E, ss. 9, 10; 2002, c. 33, s. 153; 2005, c. 25, ss. 1-13; 2006, c. 5, s. 53; 2006, c. 9, Sched. P; 2006, c. 19, Sched. G, s. 12; 2006, c. 21, Sched. F, s. 136 (1); 2006, c. 34, Sched. A, s. 28; 2006, c. 34, Sched. C, s. 28.

CONTENTS

Definitions

1.

Definitions

Administration

2.

Uniform system of registration

3.

Registrations and reports

4.

Recording registrations and documents

5.

Archives

6.

Deputy Registrar General and staff

6.1

Designation re ss. 48.1 to 48.10

7.

Seal of office

7.1

Health insurance information

Registration of Births

8.

Notice of birth

9.

Certification of birth

9.1

Still-births

10.

Child’s name

11.

Contravention

11.

Continuing obligation and offence

11.

Continuing obligation and offence

12.

Registration by division registrar

13.

Registration by Registrar General

13.

Repeal

14.

Election to change name of child under 12

15.

Adding forename to birth registration

16.

Foundlings

17.

Registration where parents subsequently marry

Registration of Marriages

19.

Marriages

19.

Marriages

20.

Registration of marriage by Registrar General

Registration of Deaths

21.

Registration of deaths

21.

Registration of death

22.

Registration of death by division registrar

22.

Registration before disposition of body

23.

Registration in another registration division

24.

Death by violence or misadventure

25.

Registration before disposition of body

26.

Removal of bodies

27.

Registration of death by Registrar General

Adoption Orders

28.

Registration of adoption orders

29.

Information provided to Registrar of Adoption Information

30.

Child born in another jurisdiction

Changes of Name

31.

Registration of change of name

Divorce Decrees

32.

No certificates of divorce

Registration of Births and Deaths Occurring on Board Ship

33.

Births and deaths on board ship

Correction of Errors in Registrations

34.

Corrections by division registrar

34.

Correction by Registrar General

35.

Substitute registrations

Changes Resulting from Transsexual Surgery

36.

Changing sex designation

Registration Divisions

37.

Registration divisions

Appointment and Duties of Division Registrars

38.

Division registrars and staff

38.

Division registrars and staff

39.

Duties of division registrar

39.

Division registrars, powers and duties

40.

Report of contraventions to Registrar General

40.

Report of contraventions to Registrar General

Forms

42.

Forms

Certificates and Searches

43.

Contents of certificates

44.

Who may obtain certificates

45.

Who may obtain copy of registrations

45.1

Guarantor required

45.2

Limit on documents

46.

Admissibility of certificates, etc.

47.

No certificates by division registrar

48.

Searches

Disclosure re Adopted Persons

48.1

Disclosure to an adopted person

48.2

Disclosure to a birth parent

48.3

Notice, preferred manner of contact

48.4

Notice, wish not to be contacted

48.5

Order prohibiting disclosure to birth parent (to protect an adopted person)

48.6

Order prohibiting disclosure to birth parent (to protect an adopted person’s sibling)

48.7

Order prohibiting disclosure to adopted person (to protect a birth parent)

48.8

Reconsideration of orders prohibiting disclosure

48.9

Prohibition against disclosure where adopted person a victim of abuse

48.10

Notice of waiver by adopted person

48.11

Unsealing of files

48.12

Review re disclosure of adoption information

Disclosure of Death Information

48.13

Disclosure of death information

General Provisions

49.

Ontario registrations only

50.

Application of Act

51.

Certificates not to be issued

51.1

Duty to report lost documents

51.2

Duty to cancel documents

52.

Registration unlawfully obtained

53.

Secrecy

53.1

Duty to collect information

54.

Registration by Registrar General

Offences

55.

Offences

55.

Offences

55.

Offences

56.

False information

56.1

Offences re contacting adopted person or birth parent despite notice

57.

Breach of secrecy provision

58.

General offence

59.

Limitation one year

59.1

Powers of Registrar General

Regulations

60.

Regulations

Definitions

Definitions

1. In this Act,

“adopted person” means a person in respect of whom an order, judgment or decree of adoption is registered under subsection 28 (1) or a predecessor of that subsection; (“personne adoptée”)

“birth” means the complete expulsion or extraction from its mother of a fetus that did at any time after being completely expelled or extracted from the mother breathe or show any other sign of life, whether or not the umbilical cord was cut or the placenta attached; (“naissance”)

“birth parent”, in relation to an adopted person, means a person whose name appears as a parent on the original registration, if any, of the adopted person’s birth and such other persons as may be prescribed; (“père ou mère de sang”)

“cemetery” includes a vault, a mausoleum and any land that is set apart or used for the interment of the dead or in which bodies are buried; (“cimetière”)

“cemetery owner” includes the person who is in charge of a cemetery or crematorium under the authority of the owner thereof; (“propriétaire d’un cimetière”)

“certificate” means a certified extract of the prescribed particulars of a registration in the records of the Registrar General; (“certificat”)

“Child and Family Services Review Board” means the Child and Family Services Review Board continued under Part IX of the Child and Family Services Act; (“Commission de révision des services à l’enfance et à la famille”)

“cremation” means the disposal of a dead body by incineration under the Cemeteries Act; (“crémation”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “cremation” is amended by the Statutes of Ontario, 2002, chapter 33, section 153 by striking out “Cemeteries Act” and substituting “Funeral, Burial and Cremation Services Act, 2002”. See: 2002, c. 33, ss. 153, 154.

“Deputy Registrar General” means the Deputy Registrar General appointed under this Act; (“registraire général adjoint de l’état civil”)

“division registrar” means a division registrar as specified in section 38; (“registraire de division de l’état civil”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “division registrar” is repealed by the Statutes of Ontario, 2001, chapter 21, section 1 and the following substituted:

“division registrar” means a division registrar as provided for in the regulations; (“registraire de division de l’état civil”)

See: 2001, c. 21, ss. 1, 18 (3).

“divorce” means dissolution and annulment of marriage and includes nullity of marriage; (“divorce”)

“error” means any incorrect information and includes omission of information; (“erreur”)

“funeral director” means a person who takes charge of the body of a still-born child or a deceased person for the purpose of burial, cremation or other disposition; (“directeur de services funéraires”)

“Indian” means an Indian within the meaning of the Indian Act (Canada) but does not include an enfranchised Indian; (“Indien”)

“inspector” means an inspector of vital statistics appointed for the purposes of this Act; (“inspecteur”)

“municipality” means a local municipality; (“municipalité”)

“notation” means any addition to, or alteration of, a registration in the records of the Registrar General or a division registrar; (“note”)

“nurse” includes any person, other than a legally qualified medical practitioner, who attends at the birth of a child; (“infirmière”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “nurse” is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (1). See: 1994, c. 27, ss. 102 (1), 103 (2).

“prescribed”, except in subsection 26 (2), means prescribed by the regulations; (“prescrit”)

“registered adoption order” means an order, judgment or decree of adoption registered under subsection 28 (1) or a predecessor of that subsection; (“ordonnance d’adoption enregistrée”)

“Registrar General” means the Minister of Consumer and Business Services or such other member of the Executive Council to whom the administration of this Act is assigned; (“registraire général de l’état civil”)

“regulations” means the regulations made under this Act; (“règlements”)

“religious body” means a church or any religious denomination, sect, congregation or society; (“organisme religieux”)

“state” means any state or territory of the United States of America, or the District of Columbia; (“État”)

“still-birth” means the complete expulsion or extraction from its mother of a product of conception either after the twentieth week of pregnancy or after the product of conception has attained the weight of 500 grams or more, and where after such expulsion or extraction there is no breathing, beating of the heart, pulsation of the umbilical cord or movement of voluntary muscle. (“mortinaissance”) R.S.O. 1990, c. V.4, s. 1; 1998, c. 18, Sched. E, s. 290; 2001, c. 9, Sched. D, s. 13; 2002, c. 17, Sched. F, Table; 2005, c. 25, s. 1.

Administration

Uniform system of registration

2. (1) Subject to the regulations, the Registrar General shall direct a uniform system of registration of births, marriages, deaths, still-births, adoptions and changes of name in Ontario, and is charged with the enforcement of the provisions of this Act. 2001, c. 21, s. 2.

Registrations to be numbered

(2) The Registrar General shall, upon receipt, cause the registrations of births, marriages, deaths, still-births, adoptions and changes of name occurring in Ontario and all other documents required or permitted to be given to the Registrar General to be numbered in separate series according to calendar year. R.S.O. 1990, c. V.4, s. 2 (2); 2002, c. 18, Sched. E, s. 9 (1).

Indexed

(3) The Registrar General shall cause the registrations and other documents to be indexed separately according to calendar year. R.S.O. 1990, c. V.4, s. 2 (3).

Filed

(4) The Registrar General shall cause the registrations and other documents to be systematically filed. R.S.O. 1990, c. V.4, s. 2 (4).

Safekeeping of registrations

(5) Subject to section 5, the Registrar General shall cause the registrations and other documents to be kept safely by administrative, physical and technological safeguards that are reasonable and are consistent with this Act. R.S.O. 1990, c. V.4, s. 2 (5).

Registrations and reports

3. (1) The Registrar General shall examine the registrations received from the division registrars and, if the registrations are incomplete or unsatisfactory, the Registrar General shall require such information to be supplied as may be necessary to complete the registration. R.S.O. 1990, c. V.4, s. 3 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2001, chapter 21, subsection 3 (1) and the following substituted:

Examination of registrations

(1) The Registrar General shall examine the registrations received from the persons required to make registrations and, if the registrations are incomplete or unsatisfactory, the Registrar General shall require such information to be supplied as may be necessary to complete the registration.

See: 2001, c. 21, ss. 3 (1), 18 (3).

Registration not signed

(2) If a registration received from a division registrar is incomplete as to a required signature, the Registrar General shall cause the registration to be returned, in order that the signature may be obtained, to,

(a) the proper division registrar; or

(b) the person required to make the registration. R.S.O. 1990, c. V.4, s. 3 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2001, chapter 21, subsection 3 (1) and the following substituted:

Registration not signed

(2) If a registration received from a person required to make the registration is incomplete as to a required signature, the Registrar General shall cause the registration to be returned in order that the signature may be obtained.

See: 2001, c. 21, ss. 3 (1), 18 (3).

Classification by causes of death

(3) The Registrar General shall cause all deaths registered under this Act to be classified according to the classification of diseases adopted by reference in the regulations. R.S.O. 1990, c. V.4, s. 3 (3).

Publication by Registrar General

(4) The Registrar General may collate, publish and distribute such statistical information regarding the births, marriages, deaths, still-births, adoptions, divorces and changes of name registered during any period as he or she may consider to be necessary and in the public interest. R.S.O. 1990, c. V.4, s. 3 (4).

Annual report

(5) The Registrar General shall, after the close of each calendar year, submit to the Lieutenant Governor in Council a report as to the number of births, marriages, deaths, still-births, adoptions and changes of name registered during the preceding calendar year and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. V.4, s. 3 (5); 2002, c. 18, Sched. E, s. 9 (2).

Instructions by Registrar General

(6) The Registrar General shall prepare and issue to every division registrar such detailed instructions as may be required to procure the uniform observance of the provisions of this Act. R.S.O. 1990, c. V.4, s. 3 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 2001, chapter 21, subsection 3 (2) and the following substituted:

Instructions by Registrar General

(6) The Registrar General shall prepare and issue to such persons as may be prescribed such detailed instructions as may be required to procure the uniform observance of the provisions of this Act.

See: 2001, c. 21, ss. 3 (2), 18 (3).

Recording registrations and documents

4. (1) The Registrar General may cause the registrations and other documents referred to in subsection 2 (2), whether received before or after the 17th day of December, 1990, to be accurately recorded by any technology, if an accurate and easily readable paper copy of the registration or other document can be made from the record.

Documents to be recorded

(2) The Registrar General may cause any other documents related to the registrations to be recorded as provided in subsection (1).

Notation added directly to record

(3) The Registrar General may use the technology referred to in subsection (1) to add a notation or any other information directly to a record.

Application

(4) This Act applies with the necessary modifications that are consistent with this Act to the records made under this section. R.S.O. 1990, c. V.4, s. 4.

Archives

5. (1) In this section,

“Archives” and “Archivist” have the same meaning as in the Archives Act. R.S.O. 1990, c. V.4, s. 5 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 34, Schedule A, subsection 28 (1) and the following substituted:

Archives

(1) In this section,

“Archives” means the Archives of Ontario continued under the Archives and Recordkeeping Act, 2006; (“Archives publiques”)

“Archivist” means the Archivist of Ontario appointed under the Archives and Recordkeeping Act, 2006. (“archiviste”) 2006, c. 34, Sched. A, s. 28 (1).

See: 2006, c. 34, Sched. A, ss. 28 (1), 31 (2).

Registrations transferred to Archives

(2) The Registrar General may cause those registrations and records that are prescribed, and related indexes and documents, to be transferred to the Archives. R.S.O. 1990, c. V.4, s. 5 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (2) is re-enacted by the Statutes of Ontario, 2006, chapter 34, Schedule A, subsection 28 (2). See: 2006, c. 34, Sched. A, ss. 28 (2), 31 (2).

Authority of Archivist

(3) The Archivist is authorized and directed to receive and maintain the registrations, records, indexes and documents transferred under subsection (2) as if they were transferred under the Archives Act. R.S.O. 1990, c. V.4, s. 5 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2006, chapter 34, Schedule A, subsection 28 (3) and the following substituted:

Authority of Archivist

(3) The Archivist is authorized and directed to receive and maintain the registrations, records, indexes and documents transferred under subsection (2) as if they were transferred under the Archives and Recordkeeping Act, 2006. 2006, c. 34, Sched. A, s. 28 (3).

See: 2006, c. 34, Sched. A, ss. 28 (3), 31 (2).

Access by Registrar General

(4) Despite subsection (3), the Registrar General shall, for the purpose of administering this Act, have access to any registration, record, index or document that was transferred to the Archives. R.S.O. 1990, c. V.4, s. 5 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (4) is amended by the Statutes of Ontario, 2006, chapter 34, Schedule A, subsection 28 (4). See: 2006, c. 34, Sched. A, ss. 28 (4), 31 (2).

Agreements

(5) The Registrar General and the Archivist are authorized to enter into agreements respecting any matter related to the registrations, records, indexes and documents transferred under this section. R.S.O. 1990, c. V.4, s. 5 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (5) is amended by the Statutes of Ontario, 2006, chapter 34, Schedule A, subsection 28 (4). See: 2006, c. 34, Sched. A, ss. 28 (4), 31 (2).

Deputy Registrar General and staff

6. (1) There shall be a Deputy Registrar General appointed by the Registrar General who shall have direct supervision of the office of the Registrar General and be responsible to the Registrar General for the conduct of his or her office and who shall perform such other duties as may be prescribed by the regulations or delegated to him or her by the Registrar General. R.S.O. 1990, c. V.4, s. 6 (1); 1994, c. 27, s. 102 (2).

Inspectors

(2) The Registrar General may appoint inspectors of vital statistics who shall perform the duties that are prescribed. R.S.O. 1990, c. V.4, s. 6 (2).

Affidavits

(3) The Registrar General may appoint any person to take affidavits and statutory declarations necessary or incidental to the functions of the Office and to the administration of this Act, the Marriage Act and the Change of Name Act. 1994, c. 27, s. 102 (3); 1999, c. 12, Sched. F, s. 43.

Designation re ss. 48.1 to 48.10

6.1 (1) The Lieutenant Governor in Council may, by regulation, designate a person to exercise the powers and perform the duties of the Registrar General under sections 48.1 to 48.10. 2005, c. 25, s. 2.

Same

(2) The designation may be made subject to such conditions and restrictions as the Lieutenant Governor in Council considers appropriate, including a requirement that the designated person enter into and comply with an agreement between the Registrar General and the designated person. 2005, c. 25, s. 2.

Same

(3) For the purposes of this section, the Registrar General shall disclose to the designated person such information and documents under the custody or control of the Registrar General as the Registrar General considers necessary. 2005, c. 25, s. 2.

Seal of office

7. (1) The Registrar General shall have a seal of office.

Idem

(2) The seal of office may be reproduced in any manner and has the same effect whether it is manually applied or otherwise reproduced. R.S.O. 1990, c. V.4, s. 7.

Health insurance information

7.1 (1) For the purposes of the administration of the Health Insurance Act, the Registrar General, in collecting information under this Act or the Change of Name Act, may collect personal information and disclose it to persons employed in the Ministry of Health and Long-Term Care. 1994, c. 27, s. 102 (4); 2006, c. 19, Sched. G, s. 12 (1).

Same

(2) For the purposes of the administration of this Act, the Change of Name Act and the Health Insurance Act, the Minister of Health and Long-Term Care may disclose to persons employed in the Office of the Registrar General personal information recorded under the Health Insurance Act. 1994, c. 27, s. 102 (4); 2006, c. 19, Sched. G, s. 12 (2).

Registration of Births

Notice of birth

8. If required by the regulations, a person who attends at the birth of a child in Ontario shall give notice of the birth in the manner, within the time and to the person prescribed by the regulations. 1994, c. 27, s. 102 (5).

Certification of birth

9. (1) The mother and father, or either of them, in such circumstances as may be prescribed, or such other person as may be prescribed, shall certify the birth in Ontario of a child in the manner, within the time and to the person prescribed by the regulations. 1994, c. 27, s. 102 (5).

Same

(2) A person who finds a new-born deserted child or who has received custody or care and control of an abandoned child and any other person as may be prescribed shall provide such information and documentation as may be prescribed in respect of the child and the child’s birth in the manner, within the time and to the person prescribed by the regulations. 1994, c. 27, s. 102 (5).

Registration

(3) The Registrar General, acting on a certification under subsection (1) or information under subsection (2) or on such information as may be prescribed or as he or she considers appropriate, may register the birth of a child in Ontario of which he or she becomes aware. 1994, c. 27, s. 102 (5).

Additional evidence

(4) Despite the receipt of any documentation or information related to a birth, the Registrar General may refuse to register the birth until he or she is satisfied that the documentation or information correctly states the facts and, for such purposes, he or she may require such supplementary evidence as he or she considers appropriate. 1994, c. 27, s. 102 (5).

Division registrars

(5) Division registrars shall perform such duties as may be prescribed in respect of the notification, certification and registration of births. 1994, c. 27, s. 102 (5).

Amendment of registration

(6) The Registrar General may amend a birth registration in the circumstances and upon application by the person or persons prescribed by the regulations. 1994, c. 27, s. 102 (5).

Same

(7) On receiving a certified copy of an order under section 4, 5 or 6 of the Children’s Law Reform Act respecting a child whose birth is registered in Ontario, the Registrar General shall amend the particulars of the child’s parents shown on the registration, in accordance with the order. 1994, c. 27, s. 102 (5).

(8) Repealed: 2002, c. 18, Sched. E, s. 10 (1).

Still-births

9.1 Every still-birth that takes place in Ontario shall be registered in accordance with the regulations. 2002, c. 18, Sched. E, s. 9 (3).

Child’s name

10. (1) A child whose birth is certified under section 9 shall be given at least one forename, subject to subsection (2), and a surname.

Exception

(2) A child whose birth is certified under section 9 need not be given a forename if the Registrar General is satisfied that,

(a) the child’s sex is undetermined;

(b) every consent required by the Child and Family Services Act for the child’s adoption has been given or dispensed with; or

(c) the child has died.

How child’s surname determined

(3) A child’s surname shall be determined as follows:

1. If both parents certify the child’s birth, they may agree to give the child either parent’s surname or former surname or a surname consisting of one surname or former surname of each parent, hyphenated or combined.

2. If both parents certify the child’s birth but do not agree on the child’s surname, the child shall be given,

i. the parents’ surname, if they have the same surname, or

ii. a surname consisting of both parents’ surnames hyphenated or combined in alphabetical order, if they have different surnames.

3. If one parent certifies the child’s birth and the other parent is incapable, the parent who certifies the birth may give the child either parent’s surname or former surname or a surname consisting of one surname or former surname of each parent, hyphenated or combined.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 is amended by the Statutes of Ontario 1994, chapter 27, subsection 102 (6) by inserting “by reason of illness or death” after “incapable”. See: 1994, c. 27, ss. 102 (6), 103 (2).

4. If the mother certifies the child’s birth and the father is unknown to or unacknowledged by her, she may give the child her surname or former surname.

5. If a person who is not the child’s parent certifies the child’s birth, the child shall be given,

i. the parents’ surname, if they have the same surname,

ii. a surname consisting of both parents’ surnames hyphenated or combined in alphabetical order, if they have different surnames, or

iii. if only one parent is known, that parent’s surname.

Idem

(4) A child’s surname determined under paragraph 1, 3 or 4 of subsection (3) may be in a masculine or feminine form.

Idem

(5) Where the person who certifies a child’s birth indicates in the statement that he or she wishes to give the child a surname that is determined, not under subsection (3) but in accordance with the child’s cultural, ethnic or religious heritage, the child may be given that surname if the Registrar General approves. R.S.O. 1990, c. V.4, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by the Statutes of Ontario, 1994, chapter 27, subsection 102 (7) by striking out “statement” and substituting “prescribed manner”. See: 1994, c. 27, ss. 102 (7), 103 (2).

Contravention

11. If a statement is not completed, certified and mailed or delivered in the manner and within the time provided in section 9, every person upon whom the duty to do so is imposed by that section remains liable to perform it although the time has expired and is, in respect of each successive period of thirty days thereafter during which the person fails to do so, guilty of a contravention of this Act. R.S.O. 1990, c. V.4, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (8) and the following substituted:

Continuing obligation and offence

11. A person who fails to perform a duty referred to in section 8 or 9 as provided for in the regulations remains liable to perform the duty despite the expiry of any time limit and despite any action taken by another person in giving the notice or in certifying or registering a birth and the person is guilty of an offence for the initial failure to perform the duty and of a separate offence for each successive period of prescribed time during which the failure to perform continues.

See: 1994, c. 27, ss. 102 (8), 103 (2).

Note: On the day subsection 102 (8) of the Statute Law Amendment Act (Government Management and Services), 1994 comes into force, section 11 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 10 (2) and the following substituted:

Continuing obligation and offence

11. Where a duty has been established by regulations made for the purposes of section 8, 9 or 9.1, and a person fails to perform that duty as provided for in the regulations,

(a) the person remains liable to perform the duty despite the expiry of any time limit and despite any action taken by another person in giving a notice or in certifying or registering a birth or stillbirth; and

(b) the person is guilty of an offence for the initial failure to perform the duty and of a separate offence for each successive period of prescribed time during which the failure to perform continues.

See: 2002, c. 18, Sched. E, ss. 10 (2), 11 (8).

Registration by division registrar

12. (1) On receiving a statement, the division registrar, if satisfied as to its correctness and sufficiency, shall register the birth by signing the statement.

Idem

(2) On signing the statement, the division registrar shall promptly mail or deliver the statement and the notice given under section 8 to the Registrar General.

Idem

(3) The statement signed by the division registrar and approved by the Registrar General constitutes the birth registration. R.S.O. 1990, c. V.4, s. 12 (1-3).

If no statement received

(4) If a division registrar receives notice of a birth under section 8 but no statement is submitted 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. R.S.O. 1990, c. V.4, s. 12 (4); 1994, c. 27, s. 102 (9).

One year limit

(5) A division registrar shall not register a birth after one year from its date. R.S.O. 1990, c. V.4, s. 12 (5).

Registration by Registrar General

13. (1) If a child’s birth has not been registered within one year from its date, any person may apply to the Registrar General for registration of the birth. R.S.O. 1990, c. V.4, s. 13 (1).

Procedure

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

(a) the required fee;

(b) a statement in the prescribed form, completed and certified by the applicant;

(c) the applicant’s statutory declaration in the prescribed form; and

(d) any other evidence that is prescribed by the regulations. R.S.O. 1990, c. V.4, s. 13 (2); 1998, c. 18, Sched. E, s. 291.

Idem

(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.

Idem

(4) The statement signed by the Registrar General constitutes the birth registration. R.S.O. 1990, c. V.4, s. 13 (3, 4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 13 is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (10) and the following substituted:

Repeal

13. The Lieutenant Governor in Council may by regulation repeal section 12.

See: 1994, c. 27, ss. 102 (10), 103 (2).

Election to change name of child under 12

14. (1) A person with lawful custody of a child under the age of twelve years whose birth was registered in Ontario may elect in the prescribed manner,

(a) to change the child’s forename;

(b) to change the child’s surname to any surname that the child could have been given at birth under subsection 10 (3), (4) or (5); or

(c) to change the child’s forename and to change the child’s surname as described in clause (b),

unless a court order or separation agreement prohibits the change. R.S.O. 1990, c. V.4, s. 14 (1).

More than one custodian

(2) If two persons have lawful custody of a child, the election may only be made by both persons. R.S.O. 1990, c. V.4, s. 14 (2).

Notice to persons with access

(3) A person who elects under subsection (1) shall give notice of the election to every person who is lawfully entitled to access to the child. R.S.O. 1990, c. V.4, s. 14 (3).

Declaration re notice

(4) The election shall state, by way of statutory declaration, that all persons entitled to notice of the election have received notice. R.S.O. 1990, c. V.4, s. 14 (4).

Notice of election

(5) If anyone is entitled to notice of an election, the person making the election shall,

(a) at least 30 days before making the election, send notice and a copy of the election by registered or certified mail to the last known address of the person entitled to notice; or

(b) obtain an acknowledgment of notice, signed by the person entitled to notice, and provide it with the election to the Registrar General. 1994, c. 27, s. 102 (11).

Old certificates to be surrendered

(6) The election shall be accompanied by all birth certificates of the child that are in the possession of the person making the election. R.S.O. 1990, c. V.4, s. 14 (6).

Certificate

(7) Where a person elects under subsection (1), the Registrar General shall note the change of name on the birth registration and issue a new birth certificate to the person on payment of the required fee. R.S.O. 1990, c. V.4, s. 14 (7); 1998, c. 18, Sched. E, s. 292.

Adding forename to birth registration

15. (1) If a child’s birth was registered under this Act or a predecessor of it and the child was not given a forename,

(a) the person with lawful custody of the child; or

(b) the child, if he or she has attained the age of eighteen years,

may elect in the prescribed manner to add a forename to the birth registration. R.S.O. 1990, c. V.4, s. 15 (1).

Certificate

(2) Where a person elects under subsection (1), the Registrar General shall note the addition of the forename on the birth registration and issue a birth certificate to the person on payment of the required fee. R.S.O. 1990, c. V.4, s. 15 (2); 1998, c. 18, Sched. E, s. 293.

Foundlings

16. (1) If a living new-born child is found deserted, the person who finds the child and any person in whose charge the child is placed shall give to the best of his or her knowledge and belief to the division registrar of the registration division within which the child is found, within seven days after the finding or taking charge of the child, such information concerning the birth of the child as the informant may possess.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (12). See: 1994, c. 27, ss. 102 (12), 103 (2).

Duties of division registrar

(2) The division registrar, upon receipt of such information regarding the birth of the child and upon being satisfied that every effort has been made to identify the child without success, 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 the prescribed form required under section 9;

(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.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (12). See: 1994, c. 27, ss. 102 (12), 103 (2).

Registration of birth of foundlings

(3) The Registrar General, upon receipt of the evidence referred to in subsection (2), shall review the case and, upon being satisfied as to the correctness and sufficiency of the facts stated, shall register the birth and for the purpose of registration shall establish for the child,

(a) a date of birth;

(b) a place of birth; and

(c) a surname and given name.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (12). See: 1994, c. 27, ss. 102 (12), 103 (2).

Subsequent registration if child identified

(4) If, subsequent to the registration, the identity of the child is established to the satisfaction of the Registrar General, he or she may by order set aside the registration made pursuant to this section and cause the substitution of a new registration of the birth in accordance with the actual facts of the birth, and cause the original registration to be withdrawn from the registration files and kept in a separate file and sealed.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 1994, chapter 27, subsection 102 (13) by striking out “the registration” and substituting “a registration under subsection 9 (2)”. See: 1994, c. 27, ss. 102 (13), 103 (2).

Note: On the day subsection 102 (13) of the Statute Law Amendment Act (Government Management and Services), 1994 comes into force, subsection 102 (13) is further amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 10 (3) by adding “subsection (3) as it read before its repeal or under” after “a registration under”. See: 2002, c. 18, Sched. E, ss. 10 (3), 11 (9).

Date of registration

(5) Where the identity of the child is established and a new registration is made pursuant to subsection (4), the date of the new registration shall be the date of the original registration.

Cancellation of certificates

(6) The holder of a certificate issued in respect of a registration of a birth made pursuant to subsection (3), which registration has been withdrawn pursuant to subsection (4), shall deliver it forthwith upon demand to the Registrar General for cancellation. R.S.O. 1990, c. V.4, s. 16.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is amended by the Statutes of Ontario, 1994, chapter 27, subsection 102 (14) by striking out “(3)” and substituting “9 (2)”. See: 1994, c. 27, ss. 102 (14), 103 (2).

Note: On the day subsection 102 (14) of the Statute Law Amendment Act (Government Management and Services), 1994 comes into force, the amendment by subsection 102 (14) is replaced by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 10 (4) and subsection (6) is amended by adding “as it read before its repeal, or subsection 9 (2)” after “subsection (3)”. See: 2002, c. 18, Sched. E, ss. 10 (4), 11 (10).

Registration where parents subsequently marry

17. (1) Where after the birth of a child, his or her parents intermarry and,

(a) the parents of the child;

(b) where one parent is dead or mentally incapable, the other parent of the child; or

(c) where both parents are dead or mentally incapable,

(i) the guardian or person in the role of parent of the child, or

(ii) the child if he or she is of the age of eighteen years or more,

completes and certifies the statement required by section 9, delivers the statement to the Registrar General together with such evidence as is required by the Registrar General and pays the required fee, the Registrar General shall,

(d) register the birth as if the parents had been married to each other at the time of the birth; and

(e) make a notation on the statement that the registration was made under this section,

and the statement constitutes the registration of the birth. R.S.O. 1990, c. V.4, s. 17 (1); 1998, c. 18, Sched. E, s. 294.

Original registration to be withdrawn

(2) Where the birth of the child has been registered before the marriage, the original registration shall be withdrawn from the registration files and shall be kept in a separate file and sealed. R.S.O. 1990, c. V.4, s. 17 (2).

Births after August 1, 1986

(3) This section does not apply to a birth registered after the 1st day of August, 1986. R.S.O. 1990, c. V.4, s. 17 (3).

18. Repealed: 1994, c. 27, s. 102 (15). (See also: 2002, c. 18, Sched. E, s. 10 (5)).

Registration of Marriages

Marriages

19. (1) Every marriage that is solemnized in Ontario shall be registered under this Act.

Registration of marriage

(2) If an officer designated under clause 60 (m) is satisfied as to the correctness and sufficiency of a statement of marriage forwarded to the Registrar General under the regulations made under the Marriage Act, the officer shall register the marriage and upon the request of the person who solemnized the marriage, the officer shall mail an acknowledgment of receipt of the statement of marriage to such person. R.S.O. 1990, c. V.4, s. 19.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 19 is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (16) and the following substituted:

Marriages

19. (1) Every marriage that is solemnized in Ontario shall be registered by the person or persons named or described in the regulations and in the prescribed manner and within the prescribed time limits.

Registration of marriage

(2) If an officer designated under clause 60 (m) is satisfied as to the correctness and sufficiency of a statement of marriage forwarded to the Registrar General, the officer shall register the marriage.

See: 1994, c. 27, ss. 102 (16), 103 (2).

Registration of marriage by Registrar General

20. If a marriage has not been registered within one year from the day of the marriage, the registration may be made by the Registrar General upon such evidence as may be prescribed by the regulations. R.S.O. 1990, c. V.4, s. 20.

Registration of Deaths

Registration of deaths

21. (1) The death of every person who dies within Ontario shall be registered in the office of the division registrar of the registration division within which the death occurs or, if the place of death is not known, then in the office of the division registrar of the registration division within which the body is found.

Information respecting deceased

(2) A statement in the prescribed form containing personal particulars of the deceased person shall, upon the request of the funeral director in charge of the body, be completed, certified and delivered to the funeral director,

(a) by the nearest relative present at the death or last illness, or any relative who may be available;

(b) if no relative is available, by the occupier of the premises in which the person died or, if the occupier is the person who has died, by any adult person residing in the premises who was present at the death or has knowledge of the personal particulars;

(c) if the death occurred in unoccupied premises and no relative is available, by any adult person who was present at the death or has knowledge of the personal particulars; or

(d) by the coroner who has been notified of the death and has made an investigation or held an inquest regarding the death. R.S.O. 1990, c. V.4, s. 21 (1, 2).

Medical certificate of death

(3) Subject to subsections (3.1) 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 forthwith after the death complete and sign a medical certificate of death in the prescribed form, stating the cause of death according to the classification of diseases adopted by reference in the regulations, and shall deliver the medical certificate to the funeral director or other person in charge of the body. R.S.O. 1990, c. V.4, s. 21 (3); 1997, c. 9, s. 7 (1).

Same

(3.1) In the prescribed circumstances, a prescribed person shall, immediately after the death of a person, complete and sign a medical certificate of death in the prescribed form stating the cause of death according to the classification of diseases adopted by reference in the regulations and shall deliver the medical certificate to the funeral director or other person in charge of the body. 1997, c. 9, s. 7 (1).

Coroner’s case

(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 prescribed form, stating the cause of death according to the classification of diseases adopted by reference in the regulations, and shall deliver the medical certificate to the funeral director or other person in charge of the body.

Copying of death certificate

(5) No person shall make a copy or a duplicate of the medical certificate of death, nor shall any person receive a copy of the certificate, except as authorized by this or any other Act or the regulations made thereunder.

Duties of funeral director, etc.

(6) Upon receipt of the statement containing the personal particulars and the medical certificate of death, the funeral director shall complete the statement containing personal particulars, setting forth the proposed date and place of burial, cremation or other disposition or the removal of the body, and shall deliver the statement and the medical certificate to the division registrar of the proper registration division. R.S.O. 1990, c. V.4, s. 21 (4-6).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 21 is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (17) and the following substituted:

Registration of death

21. (1) The death of every person who dies in Ontario shall be registered in accordance with the regulations.

Same

(2) Such persons as are described in the regulations shall provide such information as may be prescribed within the time, in the manner and to the person prescribed by the regulations in order to register the death.

Note: On the day the Statutes of Ontario, 1994, chapter 27, subsection 102 (17) is proclaimed into force, subsection (2) is amended by the Statutes of Ontario, 1997, chapter 9, subsection 7 (2) by striking out “shall provide” and substituting “shall, in the prescribed circumstances, provide”. See: 1997, c. 9, s. 7 (2).

Division registrars

(3) Division registrars shall perform such duties as may be prescribed in respect of the registration of deaths and the provision of documentation.

Copying of medical certificate

(4) Except as provided in the regulations or as provided under any other Act, no person shall copy or duplicate any document signed by a legally qualified medical practitioner in respect of compliance by the practitioner with this Act or the regulations nor shall any person obtain or attempt to obtain any such document or a copy of it.

Note: On the day the Statutes of Ontario, 1994, chapter 27, subsection 102 (17) is proclaimed into force, subsection (4) is repealed by the Statutes of Ontario, 1997, chapter 9, subsection 7 (2) and the following substituted:

Copying of medical certificate

(4) Except as provided in the regulations or as provided under any other Act, no person shall copy or duplicate a document signed by a legally qualified medical practitioner, or by any other person, who is required to sign the document under this Act or the regulations; nor shall any person obtain or attempt to obtain any such document or a copy of it.

See: 1997, c. 9, s. 7 (2).

Death except by disease

(5) If there is reason to believe that a person has died as a result of any cause other than disease, or has died as a result of negligence, malpractice or misconduct on the part of others or under such circumstances as require investigation, no documentation shall be issued by a division registrar unless,

(a) a coroner has examined the body and inquired into the circumstances of the death or held an inquest under the Coroners Act;

(b) the coroner has signed such documentation as may be prescribed; and

(c) the other provisions of this Act and the regulations regarding registration of death have been complied with.

Note: On the day the Statutes of Ontario, 1994, chapter 27, subsection 102 (17) is proclaimed into force, subsection (5) is repealed by the Statutes of Ontario, 2001, chapter 21, section 16 and the following substituted:

Death except by disease

(5) If there is reason to believe that a person has died as a result of any cause other than disease, or has died as a result of negligence, malpractice or misconduct on the part of others or under such circumstances as require investigation, no documentation shall be issued unless,

(a) a coroner has examined the body and inquired into the circumstances of the death or held an inquest under the Coroners Act;

(b) the coroner has signed such documentation as may be prescribed; and

(c) the other provisions of this Act and the regulations regarding registration of death have been complied with.

See: 2001, c. 21, ss. 16, 18 (2).

Coroner’s warrant to bury

(6) If a person has died under any of the circumstances mentioned in subsection (5) and the coroner cannot provide the prescribed information related to the cause of death, the coroner may issue a warrant to bury if he or she has examined the body as provided in the Coroners Act. The division registrar and the coroner shall subsequently complete and deliver such documentation in the manner, within the time and to the person prescribed by the regulations.

See: 1994, c. 27, ss. 102 (17), 103 (2).

Note: On the day the Statutes of Ontario, 1994, chapter 27, subsection 102 (17) is proclaimed into force, subsection (6) is repealed by the Statutes of Ontario, 2001, chapter 21, section 16 and the following substituted:

Coroner’s warrant to bury

(6) If a person has died under any of the circumstances mentioned in subsection (5) and the coroner cannot provide the prescribed information related to the cause of death, the coroner may issue a warrant to bury if he or she has examined the body as provided in the Coroners Act and the coroner shall subsequently complete and deliver such documentation in the manner, within the time and to the person prescribed by the regulations.

See: 2001, c. 21, ss. 16, 18 (2).

Registration of death by division registrar

22. (1) Upon the receipt, within one year from the day of the death of a person, of the statement containing the personal particulars and the medical certificate, the division registrar, if he or she is satisfied as to the correctness and sufficiency thereof, shall register the death by signing the statement and medical certificate, and thereupon the statement and medical certificate constitute the registration of the death.

Time limitation

(2) A division registrar shall not register any death after one year from the day of the death.

Duty of division registrar

(3) Upon the registration of a death, the division registrar, without the payment of any fee, shall forthwith prepare and deliver to the funeral director requiring the same for the purpose of the burial, cremation or other disposition or the removal of the body of the deceased person,

(a) an acknowledgment that the death has been registered; and

(b) a burial permit for the purpose of the burial or other disposition of the body. R.S.O. 1990, c. V.4, s. 22.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 22 is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (17) and the following substituted:

Registration before disposition of body

22. (1) Subject to subsection 21 (6) and the regulations, no person shall bury, cremate or otherwise dispose of the body of any person who dies in Ontario or remove the body from the registration division within which the death occurred or the body is found, and no person shall take part in or conduct any funeral or religious service for the purpose of burial, cremation or other disposition of the body of a deceased person, unless the documentation required by the regulations has been obtained.

Record-keeping

(2) Funeral directors and cemetery owners shall keep such documentation related to the burial, cremation or other disposal of a body as may be prescribed and they shall retain it for such time as may be prescribed.

See: 1994, c. 27, ss. 102 (17), 103 (2).

Registration in another registration division

23. (1) 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, upon payment of the prescribed fee, shall register the death and issue an acknowledgment of registration of death and a burial permit.

Fee for registration in another division

(2) Where a death has been registered in accordance with subsection (1), the division registrar who registers the death is entitled to the fee for his or her own use. R.S.O. 1990, c. V.4, s. 23.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 23 is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (17). See: 1994, c. 27, ss. 102 (17), 103 (2).

Death by violence or misadventure

24. (1) If there is reason to believe that a person has died as a result of violence or misadventure or by unfair means or from any cause other than disease, or as a result of negligence, malpractice or misconduct on the part of others or under such circumstances as require investigation, no acknowledgment of registration of death and no burial permit shall be issued by the division registrar unless,

(a) the body has been examined by a coroner and the coroner has made inquiry into the circumstances of the death or held an inquest as provided by the Coroners Act;

(b) the coroner has signed the medical certificate of death; and

(c) the other provisions of this Act regarding registration of death have been complied with.

Coroner’s warrant to bury

(2) Where a person has died under any of the circumstances mentioned in subsection (1) and it is impracticable for the coroner to complete a medical certificate of the cause of death, the coroner may issue a warrant to bury when he or she has examined the body as provided in the Coroners Act, and the division registrar shall issue a burial permit on the delivery to him or her of the warrant to bury and the statement of death and the coroner shall, as soon as the cause of death is known, complete and deliver or mail the medical certificate of death to the Registrar General. R.S.O. 1990, c. V.4, s. 24.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 24 is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (17). See: 1994, c. 27, ss. 102 (17), 103 (2).

Registration before disposition of body

25. (1) Subject to subsection 24 (2), no person shall bury, cremate or otherwise dispose of the body of any person who dies within Ontario or remove the body from the registration division within which the death occurred or the body is found, and no person shall take part in or conduct any funeral or religious service for the purpose of burial, cremation or other disposition of the body of a deceased person, unless the death has been registered under this Act and an acknowledgment of registration of death and a burial permit has been obtained from the division registrar.

Acknowledgment to be retained by funeral director

(2) The funeral director shall retain the acknowledgment of registration of death as evidence of his or her having complied with this Act.

Person not to conduct service unless burial permit produced

(3) No person shall conduct a funeral or other religious burial service unless the burial permit signed by the proper division registrar is produced to the person.

Delivery of burial permit

(4) 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.

Cemetery owner to retain burial permit

(5) The cemetery owner shall retain the burial permit for a period of at least two years after the burial.

Where no person in charge of cemetery

(6) Where 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 and shall append his or her signature thereto and return the burial permit to the division registrar of the registration division in which the burial or other disposition took place. R.S.O. 1990, c. V.4, s. 25.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 25 is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (17). See: 1994, c. 27, ss. 102 (17), 103 (2).

Removal of bodies

26. (1) If the body of a person 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.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 1994, chapter 27, subsection 102 (18) by striking out “burial permit” and substituting “prescribed documentation”. See: 1994, c. 27, ss. 102 (18), 103 (2).

Death outside Ontario

(2) If the death occurred outside of Ontario and the burial or other disposition of the body is to take place in Ontario, a burial, transit or removal permit or such other document as may be prescribed or required under the laws of the jurisdiction in which the death occurred, signed by the proper officer of the place in which the death occurred, is sufficient authority for the burial or other disposition of the body. R.S.O. 1990, c. V.4, s. 26.

Registration of death by Registrar General

27. (1) If the death of a person has not been registered within one year from the day of the death, application for registration of the death may be made to the Registrar General in the prescribed form. R.S.O. 1990, c. V.4, s. 27 (1).

Method of application for registration

(2) The application shall be accompanied by,

(a) the required fee;

(b) the statement provided for in subsection 21 (2), completed and certified;

(c) a statutory declaration in the prescribed form by the applicant or any other person; and

(d) such other evidence as may be prescribed by the regulations. R.S.O. 1990, c. V.4, s. 27 (2); 1998, c. 18, Sched. E, s. 295.

Registration of death

(3) If the Registrar General is satisfied that the application 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, and thereupon the statement constitutes the registration of the death. R.S.O. 1990, c. V.4, s. 27 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 27 is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (19). See: 1994, c. 27, ss. 102 (19), 103 (2).

Adoption Orders

Registration of adoption orders

28. (1) Upon receipt of a certified copy of an adoption order transmitted under subsection 162 (3) of the Child and Family Services Act, or any predecessor thereof, or a certified copy of an order, judgment or decree of adoption made by a court of competent jurisdiction of another province or territory of Canada or of a foreign state, issued under the seal of the proper certifying authority, the Registrar General shall register the order, judgment or decree. R.S.O. 1990, c. V.4, s. 28 (1).

Change in birth registration

(2) If the birth of the person adopted,

(a) was registered in Ontario before the adoption; or

(b) is registered in Ontario after the adoption in accordance with this Act,

the Registrar General, upon production of evidence satisfactory to him or her of the identity of the person together with an application for the registration of the birth in the prescribed form, may by order set aside any registration made under section 12, 13, 16 or 17 or this section and cause the substitution of a new registration of the birth in accordance with the facts contained in the adoption order, judgment or decree and cause the original registration to be withdrawn from the registration files and kept in a separate file and sealed, but in every such case, whether or not such an application is made, the Registrar General shall cause a notation of the adoption and of any change of name consequent thereon with a reference to the registration of the order to be made upon the original registration of the birth of the person, and shall cause a reference to the original registration of the birth to be endorsed on the copy of the order, judgment or decree. R.S.O. 1990, c. V.4, s. 28 (2); 2006, c. 5, s. 53.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 1994, chapter 27, subsection 102 (20) by striking out “section 12, 13, 16 or 17 or this section” and substituting “this Act”. See: 1994, c. 27, ss. 102 (20), 103 (2).

Idem

(3) Where a new registration is made pursuant to subsection (2), the date of the new registration shall be the date of the original registration. R.S.O. 1990, c. V.4, s. 28 (3).

Birth certificate

(4) Where a new registration has been made pursuant to subsection (2) and application is made for a birth certificate, the certificate shall be issued in accordance with the new registration. R.S.O. 1990, c. V.4, s. 28 (4).

Idem

(5) The holder of a birth certificate in respect of a registration of a birth that has been withdrawn pursuant to subsection (2) or of a certified copy of such a registration shall, forthwith upon demand by the Registrar General, deliver it to the Registrar General for cancellation. R.S.O. 1990, c. V.4, s. 28 (5).

Restriction on changes, etc., to original registration

(6) After the original registration is sealed under subsection (2), the Registrar General shall not at any time amend it, add information or particulars to it, correct errors by making notations on it, substitute a subsequent registration for it or cancel it, despite any other provision of this Act. 2005, c. 25, s. 3.

Information provided to Registrar of Adoption Information

29. Although an adopted person’s original birth registration has been sealed pursuant to subsection 28 (2), the Registrar General shall, at the request of the Registrar of Adoption Information appointed under the Child and Family Services Act, provide the Registrar with the prescribed information from the original birth registration. R.S.O. 1990, c. V.4, s. 29.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 29 is repealed by the Statutes of Ontario, 2005, chapter 25, section 4. See: 2005, c. 25, ss. 4, 36 (2).

Child born in another jurisdiction

Province or state

30. (1) If a child born in another province or in any state has been adopted in Ontario under the Child and Family Services Act, or a predecessor of it, the Registrar General shall transmit a certified copy of the order to the person having charge of the registration of births in the province or state in which the child was born.

Child born in another jurisdiction

(2) If a child born in a jurisdiction other than a province or state has been adopted in Ontario under the Child and Family Services Act, or a predecessor of it, the Registrar General, upon request, may transmit a certified copy of the order to the person having charge of the registration of births in the jurisdiction in which the child was born. R.S.O. 1990, c. V.4, s. 30.

Changes of Name

Registration of change of name

31. (1) Upon receipt of a document that satisfies the Registrar General that the name of a person whose birth is registered in Ontario has been changed in accordance with the law of the province or territory of Canada or of the foreign state in which the document was made, the Registrar General shall register the document and note the change of name on the person’s registration.

Idem

(2) If the person’s marriage is registered in Ontario, the Registrar General shall also, at the person’s request, note the change of name on the person’s marriage registration. R.S.O. 1990, c. V.4, s. 31 (1, 2).

Sealing original birth registration

(2.1) Upon receipt of evidence satisfactory to the Registrar General that the province or territory of Canada or foreign state in which the name of a person has been changed has treated the application for the change of name as confidential in accordance with subsection (2.3), the Registrar General may withdraw the original registration of the person’s birth in Ontario, seal it in a separate file and replace the registration with a registration of birth in the name as changed.

Sealing original marriage registration

(2.2) Upon receipt of evidence satisfactory to the Registrar General that both parties to a marriage registered in Ontario have changed their name in a province or territory of Canada or foreign state that has treated the application for the change of name as confidential in accordance with subsection (2.3), the Registrar General may, upon the request of both parties, withdraw the original registration of the marriage in Ontario, seal it in a separate file and replace the registration with a registration of marriage in the names of the parties as changed.

Confidential application

(2.3) Subsections (2.1) and (2.2) apply to an application for a change of name if the province or territory of Canada or foreign state in which the name of the person has been changed,

(a) has sealed the application in a separate file;

(b) has not published notice of the change of name or given notice of it to any person; and

(c) has not entered the change of name in any record open to the public. 1999, c. 12, Sched. F, s. 44.

Certificate after change of name

(3) Where a change of name has been noted on a birth or marriage registration and application is made for a birth or marriage certificate, the certificate shall be issued as if the registration had been made in the name as changed.

Registration of annulment of change of name

(4) Upon receipt of a document that satisfies the Registrar General that a document effecting a change of name has been annulled in accordance with the law of the province or territory of Canada or of the foreign state in which such documents were made, the Registrar General shall register the document and note the annulment on the person’s birth registration, on the document effecting the change of name and, if the change of name that is annulled was noted on the person’s marriage registration, on that registration.

Notation to be dated and initialled

(5) Every notation made under this section shall be dated and initialled by an officer designated by the regulations. R.S.O. 1990, c. V.4, s. 31 (3-5).

Divorce Decrees

No certificates of divorce

32. The Registrar General may not issue a certificate of divorce even if he or she has a record of the divorce. 1994, c. 27, s. 102 (21).

Registration of Births and Deaths Occurring on Board Ship

Births and deaths on board ship

33. Upon receipt from the Minister of Transport of information transmitted under the Canada Shipping Act, respecting the birth of a child or the death of a person on board a ship whose port of registry is within Ontario, the Deputy Registrar General may register the birth or death. R.S.O. 1990, c. V.4, s. 33.

Correction of Errors in Registrations

Corrections by division registrar

34. (1) If, while the registration of any birth, 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.

Correction by personal appearance

(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.

Correction by Registrar General

(3) If, after a registration has been received or made by the Registrar General, it is reported to him or her that an error has been made, the Registrar General shall inquire into the facts and, upon the production of evidence satisfactory to him or her, supplemented by statutory declaration in the prescribed form, the Registrar General may correct the error by a notation on the registration without any alteration being made in the registration.

Certificate of registration that has been corrected

(4) If, subsequent to the correction of an error, application is made for a certificate pursuant to this Act, the certificate shall be prepared as if the registration had been made containing correct particulars at the time of registration, but, if a certified copy of the registration is required, the certified copy shall contain a copy of the notation made under subsection (1) or (3).

Old certificates to be returned

(5) Any person in possession or control of a certificate or certified copy of a registration issued before the registration was corrected shall return the certificate or certified copy to the Registrar General forthwith upon demand.

Notation on registration

(6) Every notation made under this section shall be dated and initialled by the person making the correction or the officer designated by the regulations. R.S.O. 1990, c. V.4, s. 34.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 34 is repealed by the Statutes of Ontario, 2001, chapter 21, section 4 and the following substituted:

Correction by Registrar General

34. (1) If, after a registration has been received or made by the Registrar General, it is reported to him or her that an error has been made, the Registrar General shall inquire into the facts and upon the production of evidence satisfactory to him or her, supplemented by a statutory declaration in the prescribed form, the Registrar General may correct the error by a notation on the registration without any alteration being made in the registration.

Certificate of registration that has been corrected

(2) If, subsequent to the correction of an error, application is made for a certificate pursuant to this Act, the certificate shall be prepared as if the registration had been made containing correct particulars at the time of registration, but if a certified copy of the registration is required, the certified copy shall contain a copy of the notation made under subsection (1).

Old certificates to be returned

(3) Any person in possession or control of a certificate or certified copy of a registration issued before the registration was corrected shall return the certificate or certified copy to the Registrar General forthwith upon demand.

Notation on registration

(4) Every notation made under this section shall be dated and initialled by the person making the correction or by the officer designated by the regulations.

See: 2001, c. 21, ss. 4, 18 (3).

Substitute registrations

35. (1) If, after a registration of birth has been received or made by the Registrar General, it appears or is reported to him or her that, because of incorrect information in the registration, the registration does not comply with the requirements of subsections 6 (4) and (7) of the Vital Statistics Act, being chapter 524 of the Revised Statutes of Ontario, 1980, as they existed before the 1st day of August, 1986, the Registrar General shall inquire into the facts and, upon production of evidence satisfactory to him or her, supplemented by statutory declaration in the prescribed form, the Registrar General may, instead of correcting the error under section 34, order that the registration be cancelled and that a new registration of the birth be made. R.S.O. 1990, c. V.4, s. 35 (1); 1993, c. 27, Sched.

Order to be attached to registration

(2) Where an order is made under subsection (1), the Registrar General shall attach the order to, and cause a notation of the order to be made on, the existing registration, and the existing registration and order shall be kept in a separate file and sealed.

Certificates and certified copies

(3) Where a substituted registration of birth is made and an application is made for a birth certificate or certified copy of registration in respect of the birth, the certificate or certified copy shall be issued having regard to the substituted registration only.

Old certificates to be returned

(4) Any person in possession or control of a certificate or certified copy of a birth registration issued before the registration was cancelled under subsection (1) shall return the certificate or certified copy to the Registrar General forthwith upon demand.

Births after August 1, 1986

(5) This section does not apply to a birth registered after the 1st day of August, 1986. R.S.O. 1990, c. V.4, s. 35 (2-5).

Changes Resulting from Transsexual Surgery

Changing sex designation

36. (1) Where the anatomical sex structure of a person is changed to a sex other than that which appears on the registration of birth, the person may apply to the Registrar General to have the designation of sex on the registration of birth changed so that the designation will be consistent with the results of the transsexual surgery.

Application

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

(a) a certificate signed by a medical practitioner legally qualified to practise medicine in the jurisdiction in which the transsexual surgery was performed upon the applicant, certifying that,

(i) he or she performed transsexual surgery on the applicant, and

(ii) as a result of the transsexual surgery, the designation of sex of the applicant should be changed on the registration of birth of the applicant;

(b) a certificate of a medical practitioner who did not perform the transsexual surgery but who is qualified and licensed to practise medicine in Canada certifying that,

(i) he or she has examined the applicant,

(ii) the results of the examination substantiate that transsexual surgery was performed upon the applicant, and

(iii) as a result of the transsexual surgery, the description of the sex of the applicant should be changed on the registration of birth of the applicant; and

(c) evidence satisfactory to the Registrar General as to the identity of the applicant.

Alternate medical evidence

(3) Where it is not possible to obtain the medical certificate referred to in clause (2) (a) or (b), the applicant shall submit such medical evidence of the transsexual surgery as the Registrar General considers necessary.

Notation on birth registration to be consistent with result of surgery

(4) The Registrar General shall, upon application made to him or her in accordance with this section, cause a notation to be made on the birth registration of the applicant so that the registration is consistent with the results of the surgery.

Old certificates to be returned

(5) Any person in possession or control of a certificate or certified copy of a birth registration issued before the making of a notation under subsection (4) shall return the certificate or certified copy to the Registrar General forthwith upon demand.

Birth certificate issued after notation

(6) Every birth certificate issued after the making of a notation under this section shall be issued as if the original registration of birth had been made showing the designation of sex as changed under this section. R.S.O. 1990, c. V.4, s. 36.

Registration Divisions

Registration divisions

37. (1) The whole of Ontario shall be divided into registration divisions. R.S.O. 1990, c. V.4, s. 37 (1).

Municipal units

(2) Every municipality is a registration division. R.S.O. 1990, c. V.4, s. 37 (2).

Unorganized territory

(3) The Registrar General may divide that part of Ontario not within a municipality into registration divisions, and may from time to time alter the boundaries of any such registration division or merge it, in whole or in part, with one or more registration divisions and may attach any territory or portion thereof not being part of a municipality to a registration division constituted under subsection (2). 1994, c. 27, s. 102 (22).

Same

(4) The Registrar General shall maintain a record of all orders made for the purposes of subsection (3) and make them or copies of them available for inspection by the public on request; the Regulations Act does not apply to the orders. 1994, c. 27, s. 102 (22).

Note: Effective October 19, 2007 or on an earlier day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 136 (1) by striking out “the Regulations Act” and substituting “Part III (Regulations) of the Legislation Act, 2006”. See: 2006, c. 21, Sched. F, ss. 136 (1), 143 (1).

Same

(5) Registration divisions in existence on the day this subsection comes into force continue until altered or merged by an order made under subsection (3). 1994, c. 27, s. 102 (22).

Appointment and Duties of Division Registrars

Division registrars and staff

Municipal clerks

38. (1) The clerk of every municipality is, by virtue of office, division registrar of the registration division formed by the municipality and any territory thereto attached unless the Registrar General appoints some other person as a division registrar in his or her stead. R.S.O. 1990, c. V.4, s. 38 (1); 1994, c. 27, s. 102 (23).

Unorganized territory

(2) The Registrar General may appoint the division registrar for a registration division that is formed of territory not within a municipality or attached to a municipality. R.S.O. 1990, c. V.4, s. 38 (2); 1994, c. 27, s. 102 (23).

Power to take affidavits

(3) The division registrar has power to take the affidavit or statutory declaration of any person for the purposes of this Act.

Deputy division registrars

(4) A division registrar may, with the approval of the Registrar General, appoint one or more deputy division registrars to act for him or her and any such deputy while so acting has all the powers and duties of the division registrar who appointed the deputy. R.S.O. 1990, c. V.4, s. 38 (3, 4).

Sub-registrars

(5) A division registrar may, with the approval of the Registrar General, appoint sub-registrars for the special purpose of issuing burial permits upon the delivery of a completed statement of personal particulars and medical certificate. R.S.O. 1990, c. V.4, s. 38 (5); 1998, c. 18, Sched. E, s. 296.

Sub-registrar to forward documents

(6) A sub-registrar shall forthwith transmit the statement of personal particulars and the medical certificate to the division registrar by whom the sub-registrar was appointed. R.S.O. 1990, c. V.4, s. 38 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 38 is repealed by the Statutes of Ontario, 2001, chapter 21, section 5 and the following substituted:

Division registrars and staff

38. (1) Division registrars shall be appointed as provided for in the regulations.

Deputy division registrars

(2) A division registrar may, with the approval of the Registrar General, appoint one or more deputy division registrars to act for him or her and any such deputy while so acting has all the powers and duties of the division registrar who appointed the deputy.

Sub-registrars

(3) A division registrar may, with the approval of the Registrar General, appoint sub-registrars who shall perform such duties as may be prescribed.

See: 2001, c. 21, ss. 5, 18 (3).

Duties of division registrar

39. The division registrar shall,

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

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

(c) keep all registrations, records, notices and documents received by him or her in a place of safety;

(d) use all available means to obtain the necessary information for the purpose of completing the registrations required to be made by him or her;

(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 has taken place within his or her division and has not been registered, and, on the failure of the person to make the registration within seven days, supply to the Registrar General such information as the division registrar possesses regarding the failure of any person to furnish the required particulars;

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

(g) ensure that every registration of birth, death or still-birth has been written legibly in durable ink;

(h) refuse to accept any statement that does not contain all the items of information required therein unless he or she has received a satisfactory explanation for the omission;

(i) 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;

(j) sign every registration as division registrar in attestation of the date of registration in his or her office;

(k) number consecutively the registrations of births, deaths and still-births in separate series, beginning with the number “1” for the first registration of a birth, death or still-birth in each calendar year;

(l) transmit to the Registrar General as required by the regulations the registration of every birth, death or still-birth made by him or her;

(m) report the fact to the Registrar General, in the prescribed form, if no birth, death or still-birth has been registered;

(n) keep such records as may be prescribed by the regulations;

(o) transmit to the proper division registrar within forty-eight hours every statement of birth received by the division registrar that did not occur within his or her registration division; and

(p) transmit to the proper division registrar within forty-eight hours notice of every registration of death or still-birth made by him or her that did not occur within his or her registration division. R.S.O. 1990, c. V.4, s. 39; 1993, c. 27, Sched.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 39 is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (24) and the following substituted:

Division registrars, powers and duties

39. A division registrar shall perform such duties and have such powers as are set out in this Act and as may be prescribed.

See: 1994, c. 27, ss. 102 (24), 103 (2).

Report of contraventions to Registrar General

40. Every division registrar shall, under the direction of the Registrar General, enforce this Act in his or her registration division and shall make an immediate report to the Registrar General of any contravention of this Act of which he or she has knowledge. R.S.O. 1990, c. V.4, s. 40.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 40 is repealed by the Statutes of Ontario, 2001, chapter 21, section 6 and the following substituted:

Report of contraventions to Registrar General

40. Such persons as may be prescribed shall, under the direction of the Registrar General, enforce this Act and shall make an immediate report to the Registrar General of any contravention of this Act of which he or she has knowledge.

See: 2001, c. 21, ss. 6, 18 (3).

41. Repealed: 1998, c. 18, Sched. E, s. 297.

Forms

Forms

42. For the purposes of the administration of this Act, the Marriage Act or the Change of Name Act, the Registrar General may,

(a) provide for and require the use of forms, statutory declarations or affidavits in addition to or in substitution for forms, statutory declarations or affidavits prescribed by the regulations made under this Act, the Marriage Act or the Change of Name Act, as the case may be;

(b) require the use of forms, statutory declarations or affidavits supplied by the Registrar General; and

(c) permit information to be supplied in a format acceptable to the Registrar General rather than on forms or in statutory declarations or affidavits that are otherwise provided for or required under this section or the regulations made under this Act, the Marriage Act or the Change of Name Act, as the case may be. 1998, c. 18, Sched. E, s. 298.

Certificates and Searches

Contents of certificates

Birth certificate

43. (1) A birth certificate shall contain the following particulars of the registration:

(a) name of the child;

(b) date of birth;

(c) place of birth;

(d) sex;

(e) date of registration; and

(f) registration number.

Death certificate

(2) A death certificate shall contain only the following particulars of the registration:

(a) name, age and marital status of the deceased;

(b) date of death;

(c) place of death;

(d) sex;

(e) date of registration; and

(f) registration number.

Marriage certificate

(3) A marriage certificate shall contain only the following particulars of the registration:

(a) names of the parties;

(b) date of the marriage;

(c) place of the marriage;

(d) place of birth of each of the parties;

(e) date of registration; and

(f) registration number.

Change of name certificate

(4) A change of name certificate shall contain the following particulars of the registration,

(a) the person’s name;

(b) the person’s former name;

(c) date of registration; and

(d) registration number.

Still-birth certificate

(5) No still-birth certificate shall be issued.

Certificates under seal

(6) A certificate, order or other document, issued by the Registrar General pursuant to this Act, may bear the seal of office of the Registrar General. R.S.O. 1990, c. V.4, s. 43.

Who may obtain certificates

Birth certificate

44. (1) Upon application and upon payment of the required fee, any person who furnishes substantially accurate particulars, and satisfies the Registrar General as to the person’s reason for requiring it, may obtain from the Registrar General a birth certificate in respect of any birth of which there is a registration in his or her office. R.S.O. 1990, c. V.4, s. 44 (1); 1998, c. 18, Sched. E, s. 299 (1).

Death certificate

(2) Upon application and upon payment of the required fee, any person may obtain from the Registrar General a death certificate in respect of any death of which there is a registration in his or her office. R.S.O. 1990, c. V.4, s. 44 (2); 1998, c. 18, Sched. E, s. 299 (2).

Marriage certificate

(3) Upon application and upon payment of the required fee,

(a) one of the parties to the marriage;

(b) a parent of one of the parties;

(c) a child of the marriage; or

(d) any person with the approval of the Registrar General,

may obtain from the Registrar General a marriage certificate in respect of any marriage of which there is a registration in his or her office. R.S.O. 1990, c. V.4, s. 44 (3); 1998, c. 18, Sched. E, s. 299 (3).

Change of name certificate

(4) Upon application and upon payment of the required fee, any person may obtain from the Registrar General a change of name certificate in respect of any change of name of which there is a registration, made after the 15th day of July, 1987, in his or her office. R.S.O. 1990, c. V.4, s. 44 (4); 1998, c. 18, Sched. E, s. 299 (4).

Who may obtain copy of registrations

45. (1) No certified copy of a registration of birth, change of name, death or still-birth shall be issued except to a person authorized by the Registrar General or the order of a court and upon payment of the required fee. R.S.O. 1990, c. V.4, s. 45 (1); 1998, c. 18, Sched. E, s. 300 (1).

Who may obtain copy of registration of marriage

(2) No certified copy of a registration of marriage shall be issued except to one of the parties to the marriage or to a person authorized by the Registrar General or the order of a court and upon payment of the required fee. R.S.O. 1990, c. V.4, s. 45 (2); 1998, c. 18, Sched. E, s. 300 (2).

Guarantor required

45.1 (1) The Registrar General may require that an application for any of the following information or documents be guaranteed and may specify the manner in which it must be guaranteed:

1. A certificate.

2. A certified copy of a registration.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2005, chapter 25, subsection 5 (2) by adding the following paragraphs:

2.1 The uncertified copies described in subsection 48.1 (1).

2.2 The information described in subsection 48.2 (1).

See: 2005, c. 25, ss. 5 (2), 36 (2).

3. Such other information or documents as may be prescribed. 2005, c. 25, s. 5 (1).

Eligibility to be a guarantor

(1.1) Such persons as may be prescribed are authorized to act as guarantors for the purposes of this section. 2005, c. 25, s. 5 (1).

No fee

(2) No person shall charge a fee for acting as a guarantor. 2001, c. 21, s. 7.

Limit on documents

45.2 (1) Not more than one certificate and one certified copy of a registration may be issued in respect of a birth. 2001, c. 21, s. 7.

Other documents

(2) The Registrar General may limit the number of certificates and certified copies of registrations that may be issued in respect of any change of name, death, still-birth or marriage. 2001, c. 21, s. 7.

Application for reconsideration

(3) On the application of a person who has been refused a birth certificate or a certified copy of a birth registration under section 44 or 45 or who has been refused a birth certificate or a certified copy of a birth registration under this section, the Registrar General shall consider the matter and he or she may grant or refuse the application. 2001, c. 21, s. 7.

Admissibility of certificates, etc.

46. (1) A certificate purporting to be issued under section 44 or a certified copy of a registration purporting to be issued under section 45 signed by the Registrar General or Deputy Registrar General or on which the signature of either of them is reproduced by any method is admissible in any court in Ontario as proof, in the absence of evidence to the contrary, of the facts so certified, and it is not necessary to prove the signature or official position of the person by whom the certificate or certified copy purports to be signed.

Idem, made from record

(2) Subsection (1) applies to a certificate or certified copy of a registration produced from a record of the registration made under section 4.

Admissibility of paper copy of a record

(3) The paper copy made from the record of a document, other than a registration, that is made under section 4 is admissible in evidence to the same extent as an original document. R.S.O. 1990, c. V.4, s. 46.

No certificates by division registrar

47. A division registrar shall not issue a certificate in respect of any birth, death, marriage or still-birth. R.S.O. 1990, c. V.4, s. 47.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 47 is repealed by the Statutes of Ontario, 2001, chapter 21, section 8. See: 2001, c. 21, ss. 8, 18 (3).

Searches

48. (1) Any person who,

(a) applies;

(b) pays the required fee; and

(c) satisfies the Registrar General as to the person’s reason for requiring it,

may have search made for the registration of any birth, death, marriage, still-birth, divorce, adoption or change of name in the indexes kept in the office of the Registrar General. R.S.O. 1990, c. V.4, s. 48 (1); 1998, c. 18, Sched. E, s. 301.

Exception

(2) Clause (1) (c) does not apply in the case of a search of the change of name index with respect to the period after the 15th day of July, 1987.

Information given on search

(3) Subject to subsection (4), the only information given upon a search under subsection (1) shall be,

(a) whether the registration exists or not;

(b) the registration number, if any; and

(c) at the Registrar General’s option, the date of the event, if any.

Former name

(4) In the case of a search of the change of name index, where a registration exists, the former name of the person shall be given, but only with respect to the period after the 15th day of July, 1987. R.S.O. 1990, c. V.4, s. 48 (2-4).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2005, chapter 25, section 6 by adding the following sections:

Disclosure re Adopted Persons

Disclosure to an adopted person

48.1 (1) An adopted person may apply to the Registrar General for an uncertified copy of the original registration, if any, of the adopted person’s birth and an uncertified copy of any registered adoption order respecting the adopted person. 2005, c. 25, s. 6.

Age restriction

(2) The adopted person is not entitled to apply for the uncertified copies until he or she is at least 18 years old. 2005, c. 25, s. 6.

Disclosure

(3) Subject to subsections (5), (7) and (8), the applicant may obtain the uncertified copies from the Registrar General upon application and upon payment of the required fee, but only if the applicant produces evidence satisfactory to the Registrar General of the applicant’s identity and age. 2005, c. 25, s. 6.

Notice of preferred manner of contact

(4) If a notice registered by a birth parent under subsection 48.3 (2) is in effect, the Registrar General shall give the applicant a copy of the notice when the Registrar General gives the applicant the uncertified copies. 2005, c. 25, s. 6.

Notice of wish not to be contacted

(5) If a notice registered by a birth parent under subsection 48.4 (3) is in effect, the Registrar General shall not give the uncertified copies to the applicant unless the applicant agrees in writing not to contact or attempt to contact the birth parent, either directly or indirectly. 2005, c. 25, s. 6.

Same

(6) The Registrar General shall give the applicant a copy of the notice when the Registrar General gives the applicant the uncertified copies. 2005, c. 25, s. 6.

Effect of application for order prohibiting disclosure

(7) If the Registrar General receives notice of an application under section 48.7 for an order directing him or her not to give the uncertified copies to the applicant, the Registrar General shall not give the uncertified copies to the applicant before the Registrar General receives,

(a) a certified copy of the order; or

(b) notice that the application for the order has been dismissed, withdrawn or abandoned. 2005, c. 25, s. 6.

Effect of order

(8) If the Registrar General receives a certified copy of an order of the Board directing the Registrar General not to give the uncertified copies to the applicant, the Registrar General shall not give them to the applicant. 2005, c. 25, s. 6.

Rescission of order

(9) Subsection (8) does not apply if the Registrar General receives notice that the Board has rescinded the order. 2005, c. 25, s. 6.

Notice of prohibition against disclosure to a birth parent

(10) If the Registrar General has received notice under section 48.9 that, by virtue of that section, he or she is prohibited from giving the information described in subsection 48.2 (1) to the applicant’s birth parent and if that notice has not been rescinded, the Registrar General shall give the applicant a copy of the notice when the Registrar General gives the applicant the uncertified copies. 2005, c. 25, s. 6.

Deemed receipt by Registrar General

(11) For the purposes of this section, the Registrar General shall be deemed not to have received a notice or certified copy referred to in this section until the Registrar General has matched the notice or copy with the original registration, if any, of the adopted person’s birth or, if there is no original registration, until the Registrar General has matched it with the registered adoption order. 2005, c. 25, s. 6.

Disclosure before deemed receipt

(12) Subsections (7) to (10) do not apply if, before the Registrar General is deemed to have received the notice or copy, as the case may be, the Registrar General has already given the uncertified copies to the applicant. 2005, c. 25, s. 6.

Mandatory delay in disclosure

(13) If the Registrar General receives notice that the Child and Family Services Review Board has given him or her a direction described in subsection 48.7 (6), the Registrar General shall comply with the direction. 2005, c. 25, s. 6.

Disclosure to a birth parent

48.2 (1) A birth parent of an adopted person may apply to the Registrar General for all the information contained in the following documents, with the exception of information about persons other than the applicant and the adopted person:

1. The original registration, if any, of the adopted person’s birth.

2. Any birth registration respecting the adopted person that was substituted in accordance with subsection 28 (2).

3. Any registered adoption order respecting the adopted person. 2005, c. 25, s. 6.

Age restriction

(2) The birth parent is not entitled to apply for the information described in subsection (1) until the adopted person is at least 19 years old. 2005, c. 25, s. 6.

Disclosure of information

(3) Subject to the restrictions set out in this section, the applicant may obtain the information described in subsection (1) from the Registrar General upon application and upon payment of the required fee, but only if the applicant produces evidence satisfactory to the Registrar General of the applicant’s identity and the adopted person’s age. 2005, c. 25, s. 6.

Notice of preferred manner of contact

(4) If a notice registered by the adopted person under subsection 48.3 (1) is in effect, the Registrar General shall give the applicant a copy of the notice when the Registrar General gives the applicant the information described in subsection (1). 2005, c. 25, s. 6.

Notice of wish not to be contacted

(5) If a notice registered by the adopted person under subsection 48.4 (1) is in effect, the Registrar General shall give the applicant a copy of the notice when the Registrar General gives the applicant the information described in subsection (1). 2005, c. 25, s. 6.

Temporary restriction on disclosure

(6) The Registrar General shall not give the information described in subsection (1) to the applicant while any of the following circumstances exist:

1. The Registrar General is required by section 48.9 to ask a designated custodian for notice about whether the Registrar General is prohibited, by virtue of that section, from giving the information to the applicant, but the Registrar General has not yet received the notice.

2. The Registrar General has received notice of an application under section 48.5 or 48.6 for an order directing him or her not to give the information to the applicant, but the Registrar General has not yet received either a certified copy of an order or a notice that the application has been dismissed, withdrawn or abandoned.

3. A notice registered by the adopted person under subsection 48.4 (1) is in effect, but the applicant has not yet agreed in writing that he or she will not contact or attempt to contact the adopted person, either directly or indirectly. 2005, c. 25, s. 6.

Prohibition against disclosure

(7) The Registrar General shall not give the information described in subsection (1) to the applicant if either of the following circumstances exist:

1. The Registrar General has received notice under section 48.9 that, by virtue of that section, the Registrar General is prohibited from giving the information to the applicant, that notice has not been rescinded, and there is not a notice of waiver under section 48.10 that is in effect.

2. The Registrar General has received a certified copy of an order under section 48.5 or 48.6 directing him or her not to give the information to the applicant, and the Registrar General has not received notice that the order has been rescinded. 2005, c. 25, s. 6.

Deemed receipt by Registrar General

(8) For the purposes of this section, the Registrar General shall be deemed not to have received a notice or certified copy referred to in this section until the Registrar General has matched the notice or copy with the original registration, if any, of the adopted person’s birth or, if there is no original registration, until the Registrar General has matched it with the registered adoption order. 2005, c. 25, s. 6.

Disclosure before deemed receipt

(9) Subsections (4) and (5), paragraph 2 of subsection (6) and paragraph 2 of subsection (7) do not apply if, before the Registrar General is deemed to have received the notice or copy, as the case may be, the Registrar General has already given the information described in subsection (1) to the applicant. 2005, c. 25, s. 6.

Mandatory delay in disclosure

(10) If the Registrar General receives notice that the Child and Family Services Review Board has given him or her a direction described in subsection 48.5 (8) or 48.6 (6), the Registrar General shall comply with the direction. 2005, c. 25, s. 6.

See: 2005, c. 25, ss. 6, 36 (2).

Notice, preferred manner of contact

Adopted person

48.3 (1) Upon application, an adopted person who is at least 18 years old may register a notice specifying his or her preferences concerning the manner in which a birth parent may contact him or her. 2005, c. 25, s. 7.

Birth parent

(2) Upon application, a birth parent may register a notice specifying his or her preferences concerning the manner in which an adopted person may contact him or her. 2005, c. 25, s. 7.

When notice is in effect

(3) A notice is registered and in effect when the Registrar General has matched it with the original registration, if any, of the adopted person’s birth or, if there is no original registration, when the Registrar General has matched it with the registered adoption order. 2005, c. 25, s. 7.

Exception

(4) Despite subsection (3), a notice registered by an adopted person with respect to a birth parent does not come into effect if, before the match is made, the Registrar General has already given that birth parent the information described in subsection 48.2 (1). 2005, c. 25, s. 7.

Same

(5) Despite subsection (3), a notice registered by a birth parent does not come into effect if, before the match is made, the Registrar General has already given the adopted person the uncertified copies of registered documents described in subsection 48.1 (1). 2005, c. 25, s. 7.

Withdrawal of notice

(6) Upon application, the adopted person or birth parent, as the case may be, may withdraw the notice. 2005, c. 25, s. 7.

Same

(7) If a notice is withdrawn, it ceases to be in effect when the Registrar General has matched the application for withdrawal with the notice itself. 2005, c. 25, s. 7.

Administration

(8) Subsections 2 (2) to (4) do not apply to notices registered under this section. 2005, c. 25, s. 7.

Notice, wish not to be contacted

Adopted person

48.4 (1) Upon application, an adopted person who is at least 18 years old may register a notice that he or she wishes not to be contacted by a birth parent. 2005, c. 25, s. 8.

Same

(2) A notice described in subsection (1) shall not be registered until the applicant produces evidence satisfactory to the Registrar General of the applicant’s age. 2005, c. 25, s. 8.

Birth parent

(3) Upon application, a birth parent may register a notice that he or she wishes not to be contacted by the adopted person. 2005, c. 25, s. 8.

Additional information

(4) The notice may include a brief statement concerning the person’s reasons for not wishing to be contacted and a brief statement of any available information about the person’s medical and family history. 2005, c. 25, s. 8.

When notice is in effect

(5) A notice is registered and in effect when the Registrar General has matched it with the original registration, if any, of the adopted person’s birth or, if there is no original registration, when the Registrar General has matched it with the registered adoption order. 2005, c. 25, s. 8.

Exception

(6) Despite subsection (5), a notice registered by an adopted person with respect to a birth parent does not come into effect if, before the match is made, the Registrar General has already given that birth parent the information described in subsection 48.2 (1). 2005, c. 25, s. 8.

Same

(7) Despite subsection (5), a notice registered by a birth parent does not come into effect if, before the match is made, the Registrar General has already given the adopted person the uncertified copies of registered documents described in subsection 48.1 (1). 2005, c. 25, s. 8.

Withdrawal of notice

(8) Upon application, the adopted person or birth parent, as the case may be, may withdraw the notice. 2005, c. 25, s. 8.

When withdrawal takes effect

(9) If a notice is withdrawn, the notice ceases to be in effect when the Registrar General has matched the application for withdrawal with the notice itself. 2005, c. 25, s. 8.

Administration

(10) Subsections 2 (2) to (4) do not apply to notices registered under this section. 2005, c. 25, s. 8.

Order prohibiting disclosure to birth parent (to protect an adopted person)

48.5 (1) An adopted person who is at least 18 years old may apply, in accordance with the regulations, to the Child and Family Services Review Board for an order directing the Registrar General not to give a birth parent the information described in subsection 48.2 (1) about the adopted person. 2005, c. 25, s. 9.

Same

(2) If the adopted person is incapable, a person acting on his or her behalf may apply for the order, and the issue of the adopted person’s capacity shall be determined in accordance with the regulations and using such criteria as may be prescribed. 2005, c. 25, s. 9.

Notice of application

(3) The Board shall give written notice of the application to the Registrar General in accordance with the regulations. 2005, c. 25, s. 9.

Procedural matters

(4) The Statutory Powers Procedure Act does not apply with respect to the application, and the Board shall decide the application in the absence of the public. 2005, c. 25, s. 9.

Request from birth parent

(5) If, while the application is pending, the Registrar General refuses under subsection 48.2 (6) to give a birth parent the information described in subsection 48.2 (1) about the adopted person, the birth parent may request an opportunity to be heard in connection with the application. 2005, c. 25, s. 9.

Same

(6) The Board shall take such steps as may be prescribed in order to ensure that the birth parent has an opportunity to be heard, but no person is entitled to be present during, to have access to or to comment on representations made to the Board by any other person. 2005, c. 25, s. 9.

Order

(7) The Board shall make the order if the Board is satisfied that, because of exceptional circumstances, the order is appropriate in order to prevent sexual harm or significant physical or emotional harm to the adopted person. 2005, c. 25, s. 9.

Exception

(8) If the Board refuses to make an order prohibiting the disclosure of the information, the Board shall direct the Registrar General to delay the disclosure for the period the Board considers appropriate to enable the adopted person to prepare for the disclosure and its impact on him or her and on his or her family and associates. 2005, c. 25, s. 9.

Notice of order, etc.

(9) The Board shall give a certified copy of the order, if any, or such other information as may be prescribed to the Registrar General. 2005, c. 25, s. 9.

Expiry of order

(10) The order expires when the Registrar General receives notice, and evidence satisfactory to the Registrar General, of the death of the adopted person and the Registrar General matches the notice with the original registration, if any, of the adopted person’s birth or, if there is no original registration, matches it with the registered adoption order. 2005, c. 25, s. 9.

Finality of order, etc.

(11) An order or decision of the Board under this section is not subject to appeal or review by any court. 2005, c. 25, s. 9.

Confidentiality of Board records

(12) The Board file respecting an application shall be sealed and is not open for inspection by any person. 2005, c. 25, s. 9.

Administration

(13) Subsections 2 (2) to (4) do not apply to notices, certified copies and other information given to the Registrar General under this section in connection with an application. 2005, c. 25, s. 9.

Order prohibiting disclosure to birth parent (to protect an adopted person’s sibling)

48.6 (1) In this section,

“sibling” means, in relation to an adopted person, a sibling,

(a) who is a child of the adopted person’s adoptive parent, and

(b) who, before becoming a child of the adoptive parent, was a child of the adopted person’s birth parent. 2005, c. 25, s. 9.

Application for order

(2) If an adopted person who is at least 18 years old has a sibling who is less than 18 years old, an adoptive parent of the adopted person may apply, in accordance with the regulations, to the Child and Family Services Review Board for an order directing the Registrar General not to give a birth parent the information described in subsection 48.2 (1) with respect to the adopted person. 2005, c. 25, s. 9.

Order

(3) The Board shall make the order if the Board is satisfied that, because of exceptional circumstances, the order is appropriate in order to prevent sexual harm or significant physical or emotional harm to the adopted person’s sibling. 2005, c. 25, s. 9.

Expiry of order

(4) The order expires when the adopted person’s sibling reaches 19 years of age. 2005, c. 25, s. 9.

Procedural matters, etc.

(5) Subsections 48.5 (3) to (6), (9) and (11) to (13) apply, with necessary modifications, with respect to the application. 2005, c. 25, s. 9.

Exception

(6) If the Board refuses to make an order prohibiting the disclosure of the information, the Board shall direct the Registrar General to delay the disclosure for the period the Board considers appropriate to enable the adoptive parent to prepare for the disclosure and its impact on the adopted person’s sibling and on his or her family and associates. 2005, c. 25, s. 9.

Order prohibiting disclosure to adopted person (to protect a birth parent)

48.7 (1) A birth parent may apply, in accordance with the regulations, to the Child and Family Services Review Board for an order directing the Registrar General not to give the adopted person the uncertified copies of registered documents described in subsection 48.1 (1). 2005, c. 25, s. 9.

Request from adopted person

(2) If, while the application is pending, the Registrar General refuses under subsection 48.1 (7) to give the adopted person the uncertified copies of documents described in subsection 48.1 (1), the adopted person may request an opportunity to be heard in connection with the application. 2005, c. 25, s. 9.

Order

(3) The Board shall make the order if the Board is satisfied that, because of exceptional circumstances, the order is appropriate in order to prevent sexual harm or significant physical or emotional harm to the birth parent. 2005, c. 25, s. 9.

Expiry of order

(4) The order expires when the Registrar General receives notice, and evidence satisfactory to the Registrar General, of the death of the birth parent and the Registrar General matches the notice with the original registration, if any, of the adopted person’s birth or, if there is no original registration, matches it with the registered adoption order. 2005, c. 25, s. 9.

Procedural matters, etc.

(5) Subsections 48.5 (3), (4), (6), (9) and (11) to (13) apply, with necessary modifications, with respect to the application. 2005, c. 25, s. 9.

Exception

(6) If the Board refuses to make an order prohibiting disclosure of the uncertified copies, the Board shall direct the Registrar General to delay the disclosure for the period the Board considers appropriate to enable the birth parent to prepare for the disclosure and its impact on him or her and on his or her family and associates. 2005, c. 25, s. 9.

Reconsideration of orders prohibiting disclosure

Order to protect an adopted person

48.8 (1) The following persons may apply, in accordance with the regulations, to the Child and Family Services Review Board to reconsider an order made under section 48.5:

1. The adopted person.

2. If the adopted person is incapable, a person acting on his or her behalf.

3. A birth parent who, by virtue of subsection 48.2 (7), is not given the information described in subsection 48.2 (1) about the adopted person. 2005, c. 25, s. 9.

Order to protect an adopted person’s sibling

(2) The following persons may apply, in accordance with the regulations, to the Board to reconsider an order made under section 48.6:

1. An adoptive parent of the adopted person.

2. A birth parent who, by virtue of subsection 48.2 (7), is not given the information described in subsection 48.2 (1) about the adopted person. 2005, c. 25, s. 9.

Order to protect a birth parent

(3) The following persons may apply, in accordance with the regulations, to the Board to reconsider an order made under section 48.7:

1. The birth parent.

2. An adopted person who, by virtue of subsection 48.1 (8), is not given the uncertified copies of registered documents described in subsection 48.1 (1).

3. If the adopted person described in paragraph 2 is incapable, a person acting on his or her behalf. 2005, c. 25, s. 9.

Procedural matters

(4) The Statutory Powers Procedure Act does not apply with respect to the application, and the Board shall decide the application in the absence of the public. 2005, c. 25, s. 9.

Same

(5) The Board shall take such steps as may be prescribed in order to ensure that the interested persons have an opportunity to be heard in connection with the application, but no person is entitled to be present during, to have access to or to comment on representations made to the Board by any other person. 2005, c. 25, s. 9.

Access to Board’s own file

(6) The Board file respecting the application for the order under section 48.5, 48.6 or 48.7, as the case may be, is unsealed for the purposes of this section. 2005, c. 25, s. 9.

Incapacity

(7) If a person acting on behalf of an incapable adopted person applies for reconsideration of an order, the issue of the adopted person’s capacity shall be determined in accordance with the regulations and using such criteria as may be prescribed. 2005, c. 25, s. 9.

Decision

(8) The Board may confirm the order or rescind it, and subsection 48.5 (7), 48.6 (3) or 48.7 (3), as the case may be, applies in the circumstances. 2005, c. 25, s. 9.

Notice of rescission

(9) If the Board rescinds the order, the Board shall give written notice to the Registrar General in accordance with the regulations. 2005, c. 25, s. 9.

Finality, etc.

(10) Subsections 48.5 (11) to (13) apply, with necessary modifications, with respect to the application. 2005, c. 25, s. 9.

Prohibition against disclosure where adopted person a victim of abuse

Definitions

48.9 (1) In this section,

“children’s aid society” means a society as defined in subsection 3 (1) of the Child and Family Services Act; (“société d’aide à l’enfance”)

“designated custodian” means a person designated under subsection 162.1 (1) of the Child and Family Services Act to act as a custodian of information that relates to adoptions. (“dépositaire désigné”) 2005, c. 25, s. 9.

Request by Registrar General

(2) Upon receiving an application under subsection 48.2 (1) from a birth parent of an adopted person, the Registrar General shall ask a designated custodian to notify him or her whether, by virtue of this section, the Registrar General is prohibited from giving the information described in subsection 48.2 (1) to the birth parent. 2005, c. 25, s. 9.

Exception

(3) Subsection (2) does not apply if a notice of waiver has been registered by the adopted person under subsection 48.10 (1) and is in effect. 2005, c. 25, s. 9.

Determination re method of adoption

(4) The designated custodian shall determine whether the adopted person was placed for adoption by a children’s aid society. 2005, c. 25, s. 9.

Request for determination by local director

(5) If the adopted person was placed for adoption by a children’s aid society, the designated custodian shall ask the local director of the society to make a determination under subsection (7) and to give written notice of the determination to the designated custodian. 2005, c. 25, s. 9.

Notice to Registrar General

(6) If the adopted person was not placed for adoption by a children’s aid society, the designated custodian shall give written notice to the Registrar General that the Registrar General is not prohibited, by virtue of this section, from giving the information described in subsection 48.2 (1) to the birth parent. 2005, c. 25, s. 9.

Determination by local director

(7) Upon the request of the designated custodian, the local director shall determine whether, in his or her opinion, based upon information in the files of the children’s aid society, the adopted person was a victim of abuse by the birth parent. 2005, c. 25, s. 9.

Same

(8) The determination must be made in accordance with the regulations. 2005, c. 25, s. 9.

Notice to Registrar General, no abuse

(9) If the local director notifies the designated custodian that, in his or her opinion, the adopted person was not a victim of abuse by the birth parent, the designated custodian shall give written notice to the Registrar General that the Registrar General is not prohibited, by virtue of this section, from giving the information described in subsection 48.2 (1) to the birth parent. 2005, c. 25, s. 9.

Same, abuse

(10) If the local director notifies the designated custodian that, in his or her opinion, the adopted person was a victim of abuse by the birth parent, the designated custodian shall give written notice to the Registrar General that the Registrar General is prohibited, by virtue of this section, from giving the information described in subsection 48.2 (1) to the birth parent. 2005, c. 25, s. 9.

Application for reconsideration

(11) The birth parent may apply to the Child and Family Services Review Board in accordance with the regulations for reconsideration of the determination made by the local director. 2005, c. 25, s. 9.

Reconsideration

(12) The Board may substitute its judgment for that of the local director and may affirm the determination made by the local director or rescind it. 2005, c. 25, s. 9.

Same

(13) The Board shall ensure that the local director has an opportunity to be heard. 2005, c. 25, s. 9.

Procedural matters, etc.

(14) Subsections 48.5 (4), (11) and (12) apply, with necessary modifications, with respect to the application for reconsideration. 2005, c. 25, s. 9.

Notice to Registrar General

(15) If the Board rescinds the determination made by the local director, the Board shall notify the designated custodian that, in the opinion of the Board, the adopted person was not a victim of abuse by the birth parent, and the designated custodian shall give written notice to the Registrar General that the previous notice to the Registrar General is rescinded. 2005, c. 25, s. 9.

Information for birth parent, adopted person

(16) If the local director determines that, in his or her opinion, the adopted person was a victim of abuse by the birth parent, the local director shall, upon request, give the birth parent or the adopted person the information that the local director considered in making the determination, with the exception of information about persons other than the birth parent or the adopted person, as the case may be. 2005, c. 25, s. 9.

Administration

(17) Subsections 2 (2) to (4) do not apply to notices given to the Registrar General under this section. 2005, c. 25, s. 9.

Notice of waiver by adopted person

48.10 (1) Upon application, an adopted person who is at least 18 years old may register a notice that he or she waives the protection of any prohibition under section 48.9 against giving the information described in subsection 48.2 (1) to his or her birth parent. 2005, c. 25, s. 9.

Same

(2) A notice described in subsection (1) shall not be registered until the applicant produces evidence satisfactory to the Registrar General of the applicant’s age. 2005, c. 25, s. 9.

When notice is in effect

(3) A notice is registered and in effect when the Registrar General has matched it with the original registration, if any, of the adopted person’s birth or, if there is no original registration, when the Registrar General has matched it with the registered adoption order. 2005, c. 25, s. 9.

Withdrawal of notice

(4) Upon application, the adopted person may withdraw the notice. 2005, c. 25, s. 9.

When withdrawal takes effect

(5) If a notice is withdrawn, the notice ceases to be in effect when the Registrar General has matched the application for withdrawal with the notice itself. 2005, c. 25, s. 9.

Administration

(6) Subsections 2 (2) to (4) do not apply to notices registered under this section. 2005, c. 25, s. 9.

Unsealing of files

48.11 For the purposes of sections 48.1 to 48.10, the Registrar General may unseal any file that was sealed under this Act or a predecessor of this Act. 2005, c. 25, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2005, chapter 25, section 11 by adding the following section:

Review re disclosure of adoption information

48.12 The Lieutenant Governor in Council shall ensure that a review of the operation of sections 48.1 to 48.11 and section 56.1 is conducted within five years after section 11 of the Adoption Information Disclosure Act, 2005 comes into force. 2005, c. 25, s. 11.

See: 2005, c. 25, ss. 11, 36 (2).

Disclosure of Death Information

Disclosure of death information

48.13 (1) In this section,

“institution” means,

(a) an institution under the Freedom of Information and Protection of Privacy Act,

(b) an institution under the Municipal Freedom of Information and Protection of Privacy Act,

(c) any agency, board, commission, corporation or other body designated as an institution in the regulations. 2006, c. 9, Sched. P, s. 1.

Same

(2) Any institution may apply to have the Registrar General disclose to the applicant the particulars that would be set out in a death certificate under subsection 43 (2) for every person who died during the period of time specified in the application and whose death is registered under this Act or for every member of a class of persons whose death is registered under this Act where the class is specified in the application and the Registrar General may grant the application if,

(a) the applicant states in the application the purpose for which the applicant intends to use the information so disclosed and the Registrar General is satisfied as to the purpose;

(b) the applicant satisfies the Registrar General that it has in place adequate policies and practices for the protection of the information so disclosed;

(c) the applicant meets the requirements prescribed by the regulations;

(d) the applicant enters into an agreement described in subsection (4) with the Registrar General; and

(e) the applicant pays the required fee for the disclosure of the information, including the fee that the Registrar General requires for entering into the agreement mentioned in clause (d). 2006, c. 9, Sched. P, s. 1.

Class

(3) For the purposes of subsection (2), a class of deceased persons,

(a) may be defined with respect to any attribute, quality or characteristic of the deceased persons that the Registrar General determines or combination of them;

(b) may be defined to consist of or to include or exclude any specified member whether or not with the same attributes, qualities or characteristics; and

(c) may be different from one application to another. 2006, c. 9, Sched. P, s. 1.

Agreement

(4) An agreement mentioned in clause (2) (d) shall contain the terms and conditions that the Registrar General considers appropriate with respect to,

(a) the use that the applicant may make of the information disclosed to the applicant, subject to subsection (6) and the regulations;

(b) the protection of the information, including the retention and destruction of the information, subject to the regulations; and

(c) measures to verify that the applicant complies with the agreement. 2006, c. 9, Sched. P, s. 1.

Additional information

(5) In an application made under subsection (2), the applicant may request that the Registrar General disclose to the applicant other information that is included in the statement or information under subsection 21 (2) about the deceased persons affected by the application and that is specified in the application, in addition to the particulars that would be set out in a death certificate under subsection 43 (2) for the deceased persons and the Registrar General may grant the request if,

(a) the applicant complies with clauses (2) (b) to (e), reading those clauses as if they applied with respect to that other information; and

(b) the applicant agrees in the agreement mentioned in clause (2) (d) to use that other information only for the purpose of verifying other information that the applicant has before making the application and only to the extent necessary for that purpose. 2006, c. 9, Sched. P, s. 1.

Same, agreement

(6) If the Registrar General discloses information to an applicant under subsection (5), the applicant shall agree in the agreement mentioned in clause (2) (d) to use that other information only for the purpose of verifying other information that the applicant has before making the application and only to the extent necessary for that purpose. 2006, c. 9, Sched. P, s. 1.

Ongoing disclosure

(7) An application made under subsection (2) may be for the disclosure of information on an ongoing or periodic basis. 2006, c. 9, Sched. P, s. 1.

Disclosure of personal information

(8) Any disclosure of personal information that is authorized under this section shall be deemed to be in compliance with clause 42 (e) of the Freedom of Information and Protection of Privacy Act. 2006, c. 9, Sched. P, s. 1.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is amended by the Statutes of Ontario, 2006, chapter 34, Schedule C, section 28 by striking out “42 (e)” and substituting “42 (1) (e)”. See: 2006, c. 34, Sched. C, ss. 28, 29 (1).

Further use

(9) An institution to whom the Registrar General discloses information under this section shall not use it for a purpose other than the purpose specified in the agreement that the institution has entered into with the Registrar General under clause (2) (d) with respect to the information or a purpose authorized by the regulations. 2006, c. 9, Sched. P, s. 1.

No further disclosure

(10) An institution to whom the Registrar General discloses information under this section shall not disclose it to any other person or body, except an agent acting on behalf of the institution who uses it for the purpose specified in the agreement that the institution has entered into with the Registrar General under clause (2) (d) with respect to the information. 2006, c. 9, Sched. P, s. 1.

Offence

(11) An institution or an individual acting on behalf of an institution that contravenes subsection (9) or (10) or a regulation made under clause 60 (1) (y), (z) or (z.1) is guilty of an offence. 2006, c. 9, Sched. P, s. 1.

General Provisions

Ontario registrations only

49. Subject to section 33, no registration shall be made of a birth, still-birth, marriage or death occurring outside Ontario. R.S.O. 1990, c. V.4, s. 49.

Application of Act

50. This Act applies in respect of any birth, marriage, death, still-birth, divorce, adoption or change of name that heretofore occurred or that hereafter occurs. R.S.O. 1990, c. V.4, s. 50.

Certificates not to be issued

51. No person shall issue any document that purports to be a certificate of a birth, marriage, death or still-birth other than a certificate provided for under this Act. R.S.O. 1990, c. V.4, s. 51.

Duty to report lost documents

51.1 (1) A person who has lost or had stolen or destroyed a certificate or certified copy of a birth registration or such other registrations as may be prescribed shall notify the Registrar General of the loss, theft or destruction, as the case may be, immediately upon becoming aware of it. 2001, c. 21, s. 9.

Duty to return found documents

(2) A person who finds a certificate or certified copy of a birth registration or such other registrations as may be prescribed shall notify the Registrar General of the find within 24 hours of finding it and shall forthwith forward the certificate or certified copy to the Registrar General. 2001, c. 21, s. 9.

Exception

(3) Subsection (2) does not apply to a person who forthwith delivers the found certificate or certified copy to the police or to a lost and found service. 2001, c. 21, s. 9.

Duty of police or lost and found

(4) If the police or a lost and found service receives a certificate or certified copy of a registration that is believed to have been lost and that is not claimed within 24 hours of receiving it, the police or the operator of a lost and found service, as the case may be, shall notify the Registrar General of the receipt. 2001, c. 21, s. 9.

Return of documents

(5) If a certificate or certified copy of a registration that has been lost is claimed from the police or a lost and found service within 24 hours of their having received it, they may return it. 2001, c. 21, s. 9.

Duty to return document

(6) In returning a document as authorized by subsection (5), the police or lost and found service shall take reasonable precautions to ensure that it is returned only to the person entitled to have it and if it is not claimed by such a person, they shall forward it to the Registrar General not later than 90 days after receiving it. 2001, c. 21, s. 9.

Duty to cancel documents

51.2 The Registrar General shall cancel certificates and certified copies of registrations that have been reported lost, stolen, destroyed, found or received and he or she may cancel any other certificate or certified copy where he or she, in his or her discretion, is of the opinion that it is appropriate to do so. 2001, c. 21, s. 9.

Registration unlawfully obtained

52. (1) The Registrar General, if satisfied that a registration was fraudulently or improperly obtained, may order that the registration be cancelled and may order the return of any certificate or certified copy of a registration that was issued before the registration was cancelled. R.S.O. 1990, c. V.4, s. 52 (1).

New registration

(2) The Registrar General shall cause the order to be affixed to the cancelled registration and, if satisfied as to the correctness and sufficiency of new evidence presented to him or her, may cause a new registration to be made. R.S.O. 1990, c. V.4, s. 52 (2).

Certificates or certified copies to be returned

(3) Any person in possession or control of a certificate or certified copy of a registration that is the subject of an order under subsection (1) shall return it to the Registrar General forthwith. 2001, c. 21, s. 10.

Requirement re hearing

(4) Before making an order under subsection (1), the Registrar General shall give to such interested parties as the Registrar General considers proper an opportunity to be heard on the matter. 2001, c. 21, s. 10.

(5) Repealed: 2001, c. 21, s. 10.

Secrecy

53. (1) No division registrar, sub-registrar, funeral director, person employed in the service of Her Majesty or other prescribed person shall communicate or allow to be communicated to any person not entitled thereto any information obtained under this Act, or allow any such person to inspect or have access to any records containing information obtained under this Act. 2001, c. 21, s. 11.

Statistics excepted

(2) Nothing in subsection (1) prohibits the furnishing and publication of information of a general statistical nature that does not disclose information about any individual person. R.S.O. 1990, c. V.4, s. 53 (2).

Duty to collect information

53.1 (1) If the Registrar General considers it necessary to verify information or to determine if any document issued or that may be issued under this Act is being, or may be, improperly used, the Registrar General shall collect, directly or indirectly, such information as he or she considers necessary from such persons and institutions as he or she considers appropriate. 2001, c. 21, s. 12.

Duty to assist

(2) On the request of the Registrar General, an institution in Ontario shall provide information from its records to the Registrar General that may assist him or her to verify information or to determine if any document issued or that may be issued under this Act is being, or may be, improperly used. 2001, c. 21, s. 12.

Duty to disclose information

(3) For the purpose of verifying information or determining if any document issued or that may be issued under this Act is being, or may be, improperly used, the Registrar General shall disclose such information as he or she considers appropriate to such persons or institutions as he or she considers appropriate. 2001, c. 21, s. 12.

No commercial use of information

(4) An institution that receives information under this section shall not sell or otherwise use it for commercial purposes or advantage. 2001, c. 21, s. 12.

Definition

(5) In this section,

“institution” means,

(a) an institution under the Freedom of Information and Protection of Privacy Act,

(b) an institution under the Municipal Freedom of Information and Protection of Privacy Act,

(c) any agency, board, commission, corporation or other body, inside or outside Canada, designated as an institution in the regulations. 2001, c. 21, s. 12.

Registration by Registrar General

54. If documentation related to any birth, still-birth or death is received for registration by the Registrar General directly, he or she may, if satisfied as to its correctness and sufficiency, register the birth, still-birth or death by signing the documentation, and the provisions of this Act and the regulations relating to the registration of births, still-births and deaths apply with necessary modifications. 1994, c. 27, s. 102 (26).

Offences

Offences

Failure to give notice or to furnish particulars

55. (1) Every person who neglects or fails to give any notice or to register or to furnish any statement, certificate or particulars respecting the birth, marriage, death, still-birth, adoption or change of name of any person, as required by this Act, is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for an individual or $250,000 for a corporation. 2001, c. 21, s. 13 (1).

Exception

(2) Subsection (1) does not apply to a child’s father who neglects or fails to make and certify a statement respecting the child’s birth under subsection 9 (2) if he has reasonable grounds to believe that he is not the child’s father. R.S.O. 1990, c. V.4, s. 55 (2).

Failure of division registrar to make returns

(3) If a division registrar neglects or fails to transmit to the Registrar General any registration or to make any return as required by this Act, the division registrar is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for an individual or $250,000 for a corporation, and each succeeding week’s continuance of the neglect or failure to make the transmission or return constitutes a new and distinct offence. 2001, c. 21, s. 13 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 55 is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 102 (27) and the following substituted:

Offences

Failure to give notice or furnish particulars

55. (1) Every person who neglects or fails to give any notice, or to register or to furnish any documentation or particulars respecting the birth, marriage, death, still-birth, divorce, adoption or change of name of any person as required by this Act and the regulations, is guilty of an offence and on conviction is liable to a fine of not more than $1,000.

Exception

(2) Subsection (1) does not apply to a child’s father who neglects or fails to comply with section 9 or the regulations in relation to the registration of the child’s birth, if he has reasonable grounds to believe that he is not the child’s father.

Neglect of division registrar to make returns

(3) If a division registrar fails to transmit to the Registrar General any documentation or to make any return as required by this Act or the regulations, the division registrar is guilty of an offence and on conviction is liable to a fine of not more than $100, and each succeeding week’s continuance of failure to make the transmission or return constitutes a new and distinct offence, and the Registrar General may refuse to issue a certificate for the payment of any fee due to the division registrar until the transmission or return is made.

See: 1994, c. 27, ss. 102 (27), 103 (2).

Note: On the day the Statutes of Ontario, 1994, chapter 27, subsection 102 (27) is proclaimed into force, section 55 is repealed by the Statutes of Ontario, 2001, chapter 21, section 17 and the following substituted:

Offences

Failure to give notice or to furnish particulars

55.  (1) Every person who neglects or fails to give any notice or to register or to furnish any documentation or particulars respecting the birth, marriage, death, still-birth, adoption or change of name of any person, as required by this Act and the regulations, is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for an individual or $250,000 for a corporation.

Exception

(2) Subsection (1) does not apply to a child’s father who neglects or fails to comply with section 9 or the regulations in relation to the registration of the child’s birth, if he has reasonable grounds to believe that he is not the child’s father.

Failure of division registrar to make returns

(3) If a division registrar neglects or fails to transmit to the Registrar General any documentation or to make any return as required by this Act or the regulations, the division registrar is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for an individual or $250,000 for a corporation, and each succeeding week’s continuance of the neglect or failure to make the transmission or return constitutes a new and distinct offence.

See: 2001, c. 21, ss. 17, 18 (2).

False information

56. (1) Every person who wilfully makes or causes to be made a false statement in any documentation required to be furnished under this Act or the regulations is guilty of an offence and on conviction is liable, in the case of an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or to both, and, in the case of a corporation, to a fine of not more than $250,000. 2001, c. 21, s. 14; 2002, c. 18, Sched. E, s. 9 (4).

Same

(2) Every legally qualified medical practitioner who wilfully makes a false statement as to the cause of the death of any person, or represents himself or herself as having been in attendance during the last illness of any person when in fact he or she was not called in attendance until after the death, is, in addition to any penalty imposed by this Act, subject to discipline by the Council of the College of Physicians and Surgeons of Ontario. 2001, c. 21, s. 14.

Same

(3) Every person who wilfully makes or causes to be made a registration of a birth, marriage, death or still-birth as having occurred in Ontario in respect of any person whose birth, marriage, death or still-birth did not occur in Ontario is guilty of an offence and on conviction is liable, in the case of an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or to both, and, in the case of a corporation, to a fine of not more than $250,000. 2001, c. 21, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2005, chapter 25, section 12 by adding the following section:

Offences re contacting adopted person or birth parent despite notice

56.1 (1) If, under section 48.1, an adopted person receives notice that a birth parent does not wish to be contacted, the adopted person shall not knowingly contact or attempt to contact the birth parent, either directly or indirectly. 2005, c. 25, s. 12.

Birth parent

(2) If, under section 48.2, a birth parent receives notice that the adopted person does not wish to be contacted by the birth parent, he or she shall not knowingly contact or attempt to contact the adopted person, either directly or indirectly. 2005, c. 25, s. 12.

Other persons

(3) No person shall contact or attempt to contact a birth parent on behalf of an adopted person if the adopted person is prohibited by subsection (1) from doing so. 2005, c. 25, s. 12.

Same

(4) No person shall contact or attempt to contact an adopted person on behalf of a birth parent if the birth parent is prohibited by subsection (2) from doing so. 2005, c. 25, s. 12.

Penalty

(5) A person who contravenes subsection (1), (2), (3) or (4) is guilty of an offence and, on conviction, is liable to a fine of not more than $50,000 for an individual or $250,000 for a corporation. 2005, c. 25, s. 12.

See: 2005, c. 25, ss. 12, 36 (2).

Breach of secrecy provision

57. Any person contravening any of the provisions of section 53 is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for an individual or $250,000 for a corporation. 2001, c. 21, s. 14.

General offence

58. Every person guilty of any act or omission in contravention of this Act or the regulations for which no penalty is otherwise provided is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for an individual or $250,000 for a corporation. 2001, c. 21, s. 14; 2002, c. 18, Sched. E, s. 9 (5).

Limitation one year

59. (1) No proceeding shall be commenced in respect of an offence under this Act more than one year after the Deputy Registrar General becomes aware of the facts on which the proceeding is based.

Evidence

(2) A statement as to the time when the Deputy Registrar General became aware of the facts on which the proceeding is based, purporting to be certified by the Deputy Registrar General, is, without proof of that person’s office or signature, evidence of the facts stated in it. R.S.O. 1990, c. V.4, s. 59.

Powers of Registrar General

59.1 The Registrar General may by order,

(a) set and collect fees for services that the Registrar General provides under this Act; and

(b) provide for the waiver of payment of those fees in favour of any person or class of persons. 1998, c. 18, Sched. E, s. 302.

Regulations

Regulations

60. (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing forms and providing for their use;

(b) prescribing the duties of the Deputy Registrar General and providing for the delegation to him or her of such of the powers and duties of the Registrar General as may be considered necessary;

(c) prescribing the duties of inspectors;

(d) prescribing the system of filing of registrations;

(e) prescribing the particulars of registrations to be entered in the indexes;

(e.1) providing for the appointment of division registrars;

(e.2) prescribing persons to whom the Registrar General may issue instructions under subsection 3 (6);

(f) prescribing the duties of and records to be kept by the division registrars;

(g) prescribing the information and returns to be furnished to the Registrar General and fixing the times when information and returns are to be transmitted;

(h) fixing the times when division registrars shall forward registrations to the Registrar General;

(i) prescribing the duties of and returns to be made by sub-registrars;

(i.1) prescribing the powers of division registrars;

(i.2) prescribing such matters as are referred to in sections 8 and 9, subsection 10 (5), sections 19, 21 and 22 and subsection 26 (1) as being prescribed or as being described or set out in the regulations in relation to any notice, certification or other documentation referred to in those sections, including the persons who are to comply with those sections and the time limits for and manner of compliance;

(i.3) requiring that such information as may be set out in the regulations be given by way of statutory declaration;

(i.4) requiring medical examinations for deserted new-born children and abandoned children for the purposes of assisting in the registration of their birth;

(i.5) providing for the correction or amendment of any registration in situations not otherwise provided for in this Act;

(i.6) governing the registration of still-births for the purposes of section 9.1, including providing provisions of this Act that apply, with necessary modification, to the registration of stillbirths;

(j) designating the persons who may have access to or may be given information from the records in the Registrar General’s office or in a division registrar’s office, and prescribing an oath or affirmation of secrecy to be taken by such persons;

(k) for the registration of births, marriages, deaths, still-births, adoptions or changes of name in cases not otherwise provided for in this Act;

(k.1) prescribing persons for the purposes of subsection 21 (3.1) and the circumstances in which such persons shall complete and sign a medical certificate of death;

Note: On the day the Statutes of Ontario, 1994, chapter 27, subsection 102 (17) is proclaimed into force, clause (k.1) is repealed by the Statutes of Ontario, 1997, chapter 9, subsection 7 (4). See: 1997, c. 9, s. 7 (4).

(l) prescribing the fees to be paid for anything done or permitted to be done under this Act, other than for services provided by the Registrar General, and providing for the waiver of payment of those fees in favour of any person or class of persons;

(m) designating the officers who may sign registrations and notations;

(m.1) prescribing persons for the purposes of section 40 and subsection 53 (1);

(m.1.1) prescribing information and documents for the purposes of paragraph 3 of subsection 45.1 (1);

(m.2) providing for different systems of registration other than the uniform system referred to in subsection 2 (1) that shall be used in such part or parts of the province for such period of time as is specified in the regulations;

(m.3) prescribing registrations to which subsections 51.1 (1) and (2) apply;

(m.4) designating any agency, board, commission, corporation or other body, inside or outside Canada, as an institution for the purposes of section 48.13 or 53.1;

(m.5) prescribing who may be a guarantor;

(n) prescribing the evidence on which the Registrar General may register a birth, still-birth, marriage or death after one year from the date thereof;

(o) requiring the persons in charge of hospitals to make returns of the births of all children born in the hospitals;

(p) prescribing special forms for registrations in respect of Indians;

(q) providing that registrations in respect of Indians shall be kept separate from other registrations;

(r) prescribing persons for the purposes of the definition of “birth parent” in section 1;

(r.1) governing the matters provided for by sections 48.5 to 48.8, including a determination of whether an adopted person is incapable;

(r.2) governing what constitutes abuse for the purposes of section 48.9, governing the criteria and information to be used to determine whether an adopted person was a victim of abuse by a birth parent and governing the manner in which the determination is made;

(s) for the purpose of effectively securing the due observance of this Act and generally for the better carrying out of the provisions thereof and obtaining the information required thereby;

(t) prescribing the manner in which elections are to be made under subsection 14 (1) (election to change name of child under twelve);

(u) prescribing information for the purposes of section 29 (extract of information to be provided to Registrar of Adoption Information);

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (u) is repealed by the Statutes of Ontario, 2005, chapter 25, subsection 13 (3). See: 2005, c. 25, ss. 13 (3), 36 (2).

(v) adopting by reference, in whole or in part, and with changes that the Lieutenant Governor in Council considers necessary, any classification of diseases for the purposes of this Act;

(w) prescribing registrations and records to be transferred under section 5 (transfer to the Archives of Ontario);

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of clause (w) is re-enacted by the Statutes of Ontario, 2006, chapter 34, Schedule A, subsection 28 (5). See: 2006, c. 34, Sched. A, ss. 28 (5), 31 (2).

(x) prescribing requirements for the purposes of clause 48.13 (2) (c);

(y) governing the use that institutions that obtain information under section 48.13 may make of the information so obtained, subject to subsection 48.13 (6);

(z) requiring institutions that obtain information under section 48.13 to retain or destroy the information;

(z.1) specifying terms and conditions that shall be included in an agreement mentioned in clause 48.13 (2) (d) where the terms and conditions govern the use that an institution may make of information obtained under section 48.13 subject to subsection 48.13 (6) or require such an institution to retain or destroy the information. R.S.O. 1990, c. V.4, s. 60; 1994, c. 27, s. 102 (30); 1997, c. 9, s. 7 (3); 1998, c. 18, Sched. E, s. 303 (1, 2); 2001, c. 21, s. 15; 2002, c. 18, Sched. E, s. 9 (6, 7); 2005, c. 25, s. 13 (1, 2); 2006, c. 9, Sched. P, s. 2 (1, 2);

Note: Regulations made under clause (l), as that clause read immediately before December 18, 1998, continue until the Registrar General makes an order under section 59.1, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 302, that is inconsistent with those regulations. See: 1998, c. 18, Sched. E, s. 303 (3).

Note: The Lieutenant Governor in Council may by regulation revoke regulations made under clause (l), as that clause read immediately before December 18, 1998, if the Registrar General makes an order under section 59.1, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 302, that is inconsistent with those regulations. See: 1998, c. 18, Sched. E, s. 303 (4).

Capacity of adopted person

(2) A regulation under clause (1) (r.1) may provide that the Substitute Decisions Act, 1992, or any specified provision of it, does not apply with respect to the determination of whether an adopted person is incapable for the purposes of section 48.5 or 48.8 of this Act. 2005, c. 25, s. 13 (4).

Same, jurisdiction

(3) A regulation under clause (1) (r.1) may assign to a court or to a person or body the jurisdiction to determine whether an adopted person is incapable for the purposes of section 48.5 or 48.8. 2005, c. 25, s. 13 (4).

Classes for use of information

(4) A regulation made under clause (1) (y), (z) or (z.1) may be of general application or specific in its application to any institution or class of institutions or to any information or class of information. 2006, c. 9, Sched. P, s. 2 (3).

Same

(5) A class described in a regulation made under clause (1) (y), (z) or (z.1) may be described according to any characteristic or combination of characteristics and may be described to include or exclude any specified member, whether or not with the same characteristics. 2006, c. 9, Sched. P, s. 2 (3).

______________