BILL 50
An Act Respecting Vital Statistics
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
Change of Name Act
1 Section
4 of the Change of Name Act, chapter C-2.001 of the Acts of New Brunswick,
1987, is amended
(a) by repealing subsection (1) and
substituting the following:
4(1)
A person who has been ordinarily resident in the Province for at least
three months immediately before the date of the application may apply
to the Registrar General to change his or her registered name if the
person
(a) is at least 19 years of age,
(b) is or has been married, or
(c) is a parent with lawful custody of a child.
(b) in subsection (12) by striking
out “who is not a resident of the Province” and substituting “who
has not been ordinarily resident in the Province for at least three
months”.
2 Section
5 of the Act is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a)
by striking out “who is a resident of” and substituting “who
is ordinarily resident in”;
(ii) by repealing paragraph (a) and substituting
the following:
(a) a parent who has been ordinarily resident
in the Province for at least three months immediately before the date
of the application and who has lawful custody of the child, or
(b) in the portion preceding paragraph
(9)(a) by striking out “not a resident of” and substituting “not
ordinarily resident in”.
3 Section
6 of the Act is amended
(a) by repealing subsection (3);
(b) in subsection (5) by striking
out “Notwithstanding subsection (3)” and substituting “Notwithstanding
any other provision in this Act”.
4 Section
8 of the Act is repealed and the following is substituted:
8 The
Registrar General shall not grant an application to change the registered
name of a person unless he or she is satisfied that this Act and the
regulations have been complied with and that
(a) the person has not made frequent changes
of registered name,
(b) all given names and surnames included in
the registration form comply with the requirements prescribed by regulation,
(c) the change of registered name will not
result in an outcome prescribed by regulation, and
(d) the application is not made for a purpose
prescribed by regulation.
5 Subsection
10(8) of the Act is repealed and the following is substituted:
10(8)
The judge shall not issue an order granting an application for the
change of registered name of a person unless the judge is satisfied
that this Act and the regulations have been complied with and that
(a) the person has not made frequent changes
of registered name,
(b) all given names and surnames included in
the registration form comply with the requirements prescribed by regulation,
(c) the change of registered name will not
result in an outcome prescribed by regulation, and
(d) the application is not made for a purpose
prescribed by regulation.
6 Section
16 of the Act is amended by adding after subsection (4) the following:
16(5)
If the Registrar General keeps registrations in respect of changes
of registered names in an electronic information storage system, any
reference in this Act to the Registrar General making an entry on
a document shall be deemed to include the making of an entry in the
electronic information storage system having the same or similar effect
as the entry required under this Act.
16(6)
If the Registrar General keeps registrations in respect of changes
of registered names in an electronic information storage system, a
requirement imposed by or under this Act, any other Act or any regulation
under this or any other Act that the Registrar General make a notation
on a registration or a correction in a registration shall be deemed
to be met if the Registrar General makes an entry in the electronic
information storage system having the same or similar effect as the
required notation or correction with the result that the system causes
a notice containing the information entered to appear whenever the
document is accessed on the system.
7 Section
17 of the Act is amended
(a) by repealing subsection (1) and
substituting the following:
17(1)
The Registrar General shall maintain a system of recording changes
of registered names made under this Act.
(b) by adding after subsection (1)
the following:
17(1.1)
The Registrar General may arrange and index the original registration
forms in respect of changes of registered names, including all the
particulars communicated to the Registrar General with respect to
those registrations.
17(1.2)
The Registrar General may keep the forms referred to in subsection
(1.1) as records in his or her office in accordance with section 17.01.
8 The
Act is amended by adding after section 17 the following:
Powers regarding document
maintenance and disposal
17.01(1)
A registration form referred to in subsection 17(1.1)
or any portion of it may be
(a) kept in paper form,
(b) kept in photographic film form,
(c) entered or recorded by any system of mechanical
or electronic data processing or by any other information storage
system that is capable of reproducing any required information in
an accurate and intelligible paper form within a reasonable time,
or
(d) kept simultaneously in two or more of the
forms referred to in paragraphs (a), (b) and (c).
17.01(2)
If a registration form or any portion of it is kept otherwise than
in paper form, the Registrar General shall furnish copies or extracts
required under this Act in an accurate and intelligible paper form.
17.01(3)
A registration form or any portion of it that is kept in one form
may be converted to any other form.
17.01(4)
The Registrar General may destroy or otherwise dispose of a registration
form or any portion of it kept in a form referred to in paragraph
(1)(a) or (b) at any time after the form or portion of the form has
been converted to a form referred to in paragraph (1)(c).
17.01(5)
A registration form or any portion of a registration form kept in
a form referred to in paragraph (1)(c) shall be deemed to be the original
registration form or portion of the original registration form, even
if the registration form or portion is kept simultaneously in a form
referred to in paragraph (1)(a) or (b).
Electronic information storage
system
17.02 If the Registrar General keeps registrations
in respect of changes of registered names in an electronic information
storage system, any reference in this Act, any other Act or any regulation
under this or any other Act to an index relating to changes of registered
names or to any other index used in connection with the registration
of changes of registered names shall be deemed to include that electronic
information storage system.
9 Section
18 of the Act is amended by adding after paragraph (h) the following:
(h.1) prescribing requirements for the purposes
of paragraphs 8(b) and 10(8)(b);
(h.2) prescribing outcomes for the purposes of
paragraphs 8(c) and 10(8)(c);
(h.3) prescribing purposes for the purposes of
paragraphs 8(d) and 10(8)(d);
Marriage Act
10 Section
1 of the Marriage Act, chapter M-3 of the Revised Statutes, 1973,
is amended by repealing the definition “Registrar” and
substituting the following:
“Registrar”
means the Registrar General as defined in the Vital Statistics Act. (registraire
général)
11 Subsection
1.1(2) of the Act is repealed.
12 Subsection
12(6) of the Act is repealed and the following is substituted:
12(6)
A clerk of the Court who solemnizes a marriage shall prepare and transmit
a registration of marriage form required under the Vital Statistics Act, but a cleric
who performs a religious ceremony after the marriage has been solemnized
by a clerk of the Court is not required to prepare and transmit that
form in respect of the marriage.
13 Section
27 of the Act is amended by striking out “certificate of the
marriage under his hand” and substituting “statement of marriage signed by
him or her”.
Vital Statistics Act
14 Section
1 of the Vital Statistics Act, chapter V-3 of the Acts of New Brunswick,
1979, is amended
(a) by repealing the definition “Registrar
General” and substituting the following:
“Registrar General” means the
Registrar General of Vital Statistics appointed under section 2 and includes the acting Registrar General,
a Deputy Registrar General and any person designated by the Registrar
General to act on behalf of the Registrar General; (régistraire
général)
(b) by adding the following definition
in alphabetical order:
“Deputy Registrar General”
means a Deputy Registrar General of Vital Statistics appointed under
subsection 2(1.1); (régistraire
général adjoint)
15 Section
2 of the Act is amended
(a) in subsection (1) by striking
out “The Lieutenant-Governor in Council” and substituting “Service
New Brunswick”;
(b) by adding after subsection (1)
the following:
2(1.1)
Service New Brunswick may appoint one or more Deputy Registrars General
of Vital Statistics and may authorize a Deputy Registrar General to
carry out any duties or exercise any powers that may be carried out
or exercised by the Registrar General.
(c) in subsection (2) by striking
out “the Minister” and substituting “Service
New Brunswick”.
16 Section
3 of the Act is repealed and the following is substituted:
3(1)
The Registrar General shall maintain a system of registration of births,
stillbirths, marriages and deaths.
3(2)
The Registrar General may arrange and index the original registration
forms of births, stillbirths, marriages and deaths, including all
the particulars communicated to the Registrar General with respect
to those registrations.
3(3)
The Registrar General may keep the forms referred to in subsection
(2) as records in his or her office in accordance with section 3.1.
17 The
Act is amended by adding after section 3 the following:
Powers regarding maintenance
and disposal of registration forms
3.1(1)
A registration form referred to in subsection 3(2)
or any portion of it may be
(a) kept in paper form,
(b) kept in photographic film form,
(c) may be entered or recorded by any system
of mechanical or electronic data processing or by any other information
storage system that is capable of reproducing any required information
in an accurate and intelligible paper form within a reasonable time,
or
(d) kept simultaneously in two or more of the
forms referred to in paragraphs (a), (b) and (c).
3.1(2)
If a registration form or any portion of it is kept otherwise than
in paper form, the Registrar General shall furnish copies or extracts
required under this Act in an accurate and intelligible paper form.
3.1(3)
A registration form or any portion of it that is kept in one form
may be converted to any other form.
3.1(4)
The Registrar General may destroy or otherwise dispose of a registration
form or any portion of it kept in a form referred to in paragraph
(1)(a) or (b) at any time after the form or portion of the form has
been converted to a form referred to in paragraph (1)(c).
3.1(5)
A registration form or any portion of a registration form kept in
a form referred to in paragraph (1)(c) shall be deemed to be the original
registration form or portion of the original registration form, even
if the registration form or portion is kept simultaneously in a form
referred to in paragraph (1)(a) or (b).
Electronic information storage
system
3.2 If the Registrar General keeps registrations
of births, stillbirths, marriages and deaths in an electronic information
storage system, any reference in this Act, any other Act or any regulation
under this or any other Act to a register of births, stillbirths,
marriages or deaths, to a special register of births or to any other
index used in connection with the registration of births, stillbirths,
marriages or deaths shall be deemed to include that electronic information
storage system.
18 Section
7 of the Act is amended
(a) by repealing subsection (1) and
substituting the following:
7(1)
After the birth of a child in a hospital facility or other institution,
the administrator or other similar official of the facility or institution
shall complete and file, within the time prescribed by regulation,
a birth registration form provided by the Registrar General for the
purpose of registering the birth of the child with the Registrar General.
(b) by repealing subsection (5) and
substituting the following:
7(5)
In any other case, after the birth of a child, a birth registration
form provided by the Registrar General shall be completed and filed
within the time prescribed by regulation for the purpose of registering
the birth of the child with the Registrar General
(a) by the father and the mother,
(b) by the mother, if the father is unknown,
unwilling or unable,
(c) by the father, if the mother is unable,
(d) if the father is unknown, unwilling or
unable and the mother is unable, by the persons standing in place
of the parents, or
(e) if there is no father or mother or other
person whose duty it is to register the birth, by the occupier of
the dwelling in which the child was born, if the occupier has knowledge
of the birth, or by a person, other than a medical practitioner, present
at the birth.
19 Section
7.1 of the Act is amended
(a) by repealing subsection (3) and
substituting the following:
7.1(3)
If a child’s birth is to be registered showing as his or her
surname a name composed of the surnames of his or her parents in combination
under subsection 8(1.1) or (3.1)
or 9(1.1), (2) or (4), and if one
or more of the parents has a surname composed of two or more family
names, the child’s surname shall consist of up to two of his
or her parents’ family names in any combination.
(b) by repealing subsection (4).
20 The
Act is amended by adding after section 7.1 the following:
Additional requirements
for registration
7.2 Subject
to subsections 7.1(5) and (6), the
Registrar General shall not register the birth of a child unless he
or she is satisfied that the names and surnames included in the birth
registration form comply with the requirements prescribed by regulation.
Appeal of decision to refuse
registration
7.3(1)
Any person affected by the Registrar General’s decision to refuse
to register a birth under section 7.2 may
appeal the decision to The Court of Queen’s Bench of New Brunswick
on a question of law.
7.3(2)
An appeal shall be commenced by Notice of Application within 15 days
after the appellant has received notice of the decision, but this
period of time may be extended by a judge of The Court of Queen’s
Bench of New Brunswick for the judicial district in which the appeal
is to be heard, either before or after the expiration of the period,
if the extension would not cause substantial prejudice to any of the
persons referred to in subsection (4).
7.3(3)
The commencement of an appeal does not operate as a stay of the decision
appealed from.
7.3(4)
The appellant shall serve the Notice of Application on the Registrar
General and on all other persons with a substantial interest in the
appeal in accordance with the rules respecting service of documents
set out in the Rules of Court.
7.3(5)
On being served with a Notice of Application, the Registrar General
shall deliver to the clerk of The Court Queen’s Bench of New
Brunswick a copy of the decision which is the subject of the appeal
and certified copies of all documents in the possession of the Registrar
General that relate to the decision.
7.3(6)
On the hearing of an appeal, no evidence shall be admitted other than
the documents referred to in subsection (5).
7.3(7)
After hearing an appeal, the judge shall, by order,
(a) dismiss the appeal, or
(b) allow the appeal, set aside the decision
of the Registrar General and substitute his or her own decision for
that of the Registrar General.
7.3(8)
To the extent that they are not inconsistent with the provisions of
this section, the Rules of Court apply to an appeal commenced under
this section.
21 Section
8 of the Act is amended
(a) by repealing subsection (1.2)
and substituting the following:
8(1.2)
If the parents of a child fail to jointly request the order in which
family names are to be arranged in accordance with subsection 7.1(2) within the time prescribed by regulation,
the Registrar General may register the birth of the child with the
family names arranged in alphabetical order.
(b) by repealing subsection (1.3)
and substituting the following:
8(1.3)
If a parent with a surname composed of two or more family names fails
to select a family name as required under subsection 7.1(3) within the time prescribed by regulation,
the Registrar General may register the birth of the child using the
family name that appears first in the parent’s surname as a
component of the child’s surname.
(c) by repealing subsection (5);
(d) by repealing subsection (6).
22 Subsection
10.1(1) of the Act is amended by striking out “sections 7, 7.1”
and substituting “sections 7, 7.1, 7.2”.
23 Section
11 of the Act is amended by striking out “8(5),”.
24 Subsection
12(3) of the Act is repealed and the following is substituted:
12(3)
The notice of birth shall be on a form provided by the Registrar General
and shall be given by delivering or mailing the notice to the Registrar
General within the time prescribed by regulation.
25 Section
15 of the Act is repealed.
26 Subsection
16(1) of the Act is repealed and the following is substituted:
16(1)
If a newborn child is found deserted, the person who finds the child,
or any person in whose charge the child may be, shall, within the
time prescribed by regulation, give any information he or she possesses
concerning the birth and particulars of the child to the Registrar
General.
27 Section
18 of the Act is amended
(a) by repealing subsection (1) and
substituting the following:
18(1)
When a stillbirth occurs, the person who would have been responsible
for filing and completing the registration form as provided in section 7, if it had been a birth, shall, within
the time prescribed by regulation, give notice to the Registrar General
on a registration of stillbirth form provided by the Registrar General.
(b) by repealing subsection (2) and
substituting the following:
18(2)
Sections 7.1, 7.2, 7.3, 8, 9, 10, 11, 12, 13, 14, 29 and 31 apply with the necessary modifications
to a stillbirth.
28 Section
19 of the Act is repealed and the following is substituted:
19(1)
If a birth or death occurs on a vessel underway and the vessel’s
first port of call after the birth or death is in the Province, the
Registrar General may register the birth or death if he or she is
satisfied as to the truth and sufficiency of the particulars received
in respect of the birth or death.
19(2)
If a birth or death occurs on an aircraft in flight and the aircraft’s
first place of landing after the birth or death is in the Province,
the Registrar General may register the birth or death if he or she
is satisfied as to the truth and sufficiency of the particulars received
in respect of the birth or death.
19(3)
If the crew of a vessel recovers a body in the water and the vessel’s
first port of call after the recovery is in the Province, the Registrar
General may register the death if he or she is satisfied as to the
truth and sufficiency of the particulars received in respect of the
death.
29 Section
20 of the Act is repealed and the following is substituted:
20 When
a child has been adopted under the existing laws of the Province,
the proper officer of the court shall transmit a certified copy of
the adoption order to the Registrar General within the time prescribed
by regulation.
30 Subsection
24(1) of the Act is repealed and the following is substituted:
24(1)
The Registrar General shall maintain a special register in which shall
be kept
(a) the original registrations of birth withdrawn
from the registration files under section 22 and 23, and
(b) the copies of all orders, judgments and
decrees received by the Registrar General for the purposes of section 22.
31 Subsection
27(2) of the Act is repealed and the following is substituted:
27(2)
The person by whom the marriage was solemnized shall, within the time
prescribed by regulation, deliver or mail the completed registration
of marriage form to the Registrar General .
32 Subsection
29(3) of the Act is repealed and the following is substituted:
29(3)
After taking charge of a dead body, every funeral director shall,
within the time prescribed by regulation,
(a) obtain the death registration form referred
to in subsection (2),
(b) obtain all other particulars necessary
to complete the death registration form,
(c) complete and sign the death registration
form, and
(d) deliver the completed death registration
form to the Registrar General.
33 Subsection
30(2) of the Act is repealed and the following is substituted:
30(2)
Unless a coroner or a district medical health officer has been notified
of the death, when a person dies in the Province, burial may take
place within the Province without a permit, but the funeral director
shall, within the time prescribed by regulation, file a notice of
burial with the Registrar General on a form provided by the Registrar
General.
34 Subsection
31(2) of the Act is repealed and the following is substituted:
31(2)
If a person has died under any of the circumstances mentioned in section
4 of the Coroners Act and
it is impractical for the coroner to complete the medical certificate
of cause of death portion of the death registration form, the coroner
may issue a warrant to bury when the coroner has examined the body
in accordance with the Coroners Act,
and the Registrar General shall issue a burial permit on the delivery
to the Registrar General of the warrant to bury, and the coroner shall
complete the medical certificate of cause of death portion of the
death registration form and deliver or mail the form to the Registrar
General within the time prescribed by regulation.
35 Subsection
33(3) of the Act is repealed.
36 The
Act is amended by adding after section 38 the following:
Non-application of Right to Information and Protection of
Privacy Act
38.1(1)
In this section, an original birth registration form may include all
or part of the form.
38.1(2)
Despite section 7 of the Right to
Information and Protection of Privacy Act and subject to this
Act, the Registrar General is not required to grant access to an original
birth registration form registered under this Act to any person, including
the person to whom the registration applies.
38.1(3)
The Registrar General may grant access to an original birth registration
form referred to in subsection (2) to the person to whom the registration
applies if
(a) the Registrar General is satisfied that
the access is not requested for an unlawful or improper purpose, and
(b) the Registrar General believes that refusing
to provide access would cause the applicant undue hardship.
37 Section
39 of the Act is amended
(a) by repealing subsection (1) and
substituting the following:
39(1)
A certificate issued by the Registrar General under this section in
respect of the registration of birth of a person shall contain at
least the following particulars of the registration:
(a) the name of the person;
(b) the date of birth;
(c) the place of birth;
(d) the sex of the person;
(e) the date of registration; and
(f) the registration number.
(b) by repealing subsection (2) and
substituting the following:
39(2)
The Registrar General shall issue to an applicant a certificate of
birth registration that contains the particulars listed in subsection
(1) if
(a) the Registrar General is satisfied that
the certificate is not to be used for an unlawful or improper purpose,
(b) the applicant is a person or of a class
of persons prescribed by regulation as eligible to apply for the certificate
and he or she provides any additional information requested by the
Registrar General to establish this fact, and
(c) the applicant pays the fee prescribed by
regulation.
(c) by adding after subsection (2)
the following:
39(2.1)
If the requirements set out in subsection (2) are met, the Registrar
General may issue to an applicant a certificate of birth registration
that contains the particulars listed in subsection (1) and the names
of the parents of the person named in the certificate.
(d) by repealing subsection (3) and
substituting the following:
39(3)
A certificate issued by the Registrar General under this section in
respect of the registration of a marriage shall contain at least the
following particulars of the registration:
(a) the names of the parties to the marriage;
(b) the date of the marriage;
(c) the place at which the marriage was solemnized;
(d) the date of registration; and
(e) the registration number.
(e) by adding after subsection (3)
the following:
39(3.1)
The Registrar General shall issue to an applicant a certificate of
marriage registration that contains the particulars listed in subsection
(3) if
(a) the Registrar General is satisfied that
it is not to be used for an unlawful or improper purpose,
(b) the applicant is a person or of a class
of persons prescribed by regulation as eligible to apply for the certificate
and he or she provides any additional information requested by the
Registrar General to establish this fact, and
(c) the applicant pays the fee prescribed by
regulation.
38 Section
41 of the Act is amended
(a) in subsection (2) by striking
out “Registrar General” and substituting “Registrar
General, Deputy Registrar General”;
(b) by repealing subsection (3) and
substituting the following:
41(3)
Every document issued under this Act under the signature of the Registrar
General, a Deputy Registrar General or a person appointed under subsection 2(2) is and remains valid, even though
the Registrar General, the Deputy Registrar General or the designated
person has ceased to hold office before the issuance of the certificate.
39 Section
42 of the Act is amended by adding after subsection (2) the following:
42(3)
If the Registrar General keeps registrations of births, stillbirths,
marriages and deaths in an electronic information storage system,
any reference in this Act to the Registrar General making an entry
on a copy or photographic print of a document or paper shall be deemed
to include the making of an entry in the electronic information storage
system having the same or similar effect as the entry required under
this Act.
42(4) If the Registrar General keeps registrations
of births, stillbirths, marriages and deaths in an electronic information
storage system, a requirement imposed by or under this Act, any other
Act or any regulation under this or any other Act that the Registrar
General make a notation on a registration or a correction in a registration
shall be deemed to be met if the Registrar General makes an entry
in the electronic information storage system having the same or similar
effect as the required notation or correction with the result that
the system causes a notice containing the information entered to appear
whenever the document is accessed on the system.
40 The
Act is amended by adding after section 44 the following:
Electronic notations
44.1 A
notation made in an electronic information storage system in accordance
with subsection 42(4) shall be deemed
to comply with the requirements of section 44.
41 Section
47 of the Act is repealed and the following is substituted:
47 If
more than one person is required to give any notice or to register
or to furnish any statement, certificate or particulars required under
this Act and the duty is carried out by any of those persons, the
other persons are not liable.
42 Section
50 of the Act is amended
(a) by repealing subsection (1) and
substituting the following:
50(1)
Subject to subsection (1.1), a person who violates or fails to comply
with a provision of the regulations commits an offence that is punishable
under Part II of the Provincial Offences
Procedure Act as a category B offence.
(b) by adding after subsection (1)
the following:
50(1.1)
A person who violates or fails to comply with a provision of the regulations
in respect of which a category has been prescribed under paragraph
52(j.4) commits an offence of the category prescribed by regulation.
43 Section
52 of the Act is amended
(a) by adding after paragraph (a)
the following:
(a.1) prescribing time limits for filing registrations
of births, stillbirths, marriages and deaths;
(a.2) prescribing time limits for submitting
requests respecting registrations of births, stillbirths, marriages
and deaths;
(a.3) prescribing time limits for providing information
or giving notice to the Registrar General;
(a.4) prescribing time limits for transmitting
a certified copy of an adoption order to the Registrar General;
(b) by adding after paragraph (f)
the following:
(f.1) prescribing requirements for the purposes
of section 7.2;
(c) by repealing paragraph (j);
(d) in paragraph j.1) of the French
version by striking out “prescrivant” and substituting “prescrire”;
(e) by adding after paragraph (j.1)
the following:
(j.2) prescribing persons and classes of persons
eligible to apply for a certificate of birth registration under subsection 39(2);
(j.3) prescribing persons and classes of persons
eligible to apply for a certificate of marriage registration under
subsection 39(3.1);
(j.4) prescribing, in relation to offences under
the regulations, categories of offences for the purposes of Part II
of the Provincial Offences Procedure
Act;
44 Schedule
A of the Act is repealed and the following is substituted:
SCHEDULE A
Column I
Provision | | Column II
Category of Offence |
| |
| | | | | | |
| | 6............... |
E | |
| | 7(6)............... |
B | |
| | 24(3)............... |
F | |
| | 27(1)............... |
C | |
| | 29(1)............... |
C | |
| | 30(1)............... |
F | |
| | 33.1............... |
C | |
| | 41(1)............... |
E | |
| | 43(1)............... |
F | |
| | 46(1)............... |
B | |
| | 48(1)............... |
F | |
Transitional provision
45 An
original registration of birth that was withdrawn from the registration
files under subsection 8(6) or 15(5) of the Vital Statistics Act,
as they existed immediately before the commencement of paragraph 21(d)
and section 25 of this amending Act, and that was kept in a special
register under subsection 24(1) of the Vital Statistics Act immediately
before the commencement of this section shall continue to be kept
in that register on and after the commencement of this section.
Commencement
46 This Act or any provision of it comes into
force on a day or days to be fixed by proclamation.