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Vital Statistics Act

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

Consolidation Period: From May 14, 2008 to the e-Laws currency date.

Last amendment: 2008, c. 5, ss. 1-11.

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CONTENTS

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”)

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

“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”)

“original registration” means an original registration made under this Act or a predecessor of this Act; (“enregistrement initial”)

“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; 1994, c. 27, s. 102 (1); 1998, c. 18, Sched. E, s. 290; 2001, c. 9, Sched. D, s. 13; 2001, c. 21, s. 1; 2002, c. 17, Sched. F, Table; 2005, c. 25, s. 1; 2008, c. 5, 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).

Examination of registrations

3.  (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. 2001, c. 21, s. 3 (1).

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. 2001, c. 21, s. 3 (1).

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 such persons as may be prescribed such detailed instructions as may be required to procure the uniform observance of the provisions of this Act. 2001, c. 21, s. 3 (2).

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” 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).

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); 2006, c. 34, Sched. A, s. 28 (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 and Recordkeeping Act, 2006. 2006, c. 34, Sched. A, s. 28 (3).

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); 2006, c. 34, Sched. A, s. 28 (4).

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); 2006, c. 34, Sched. A, s. 28 (4).

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.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2008, chapter 5, section 2 by striking out “sections 48.1 to 48.10” at the end and substituting “sections 48.1 to 48.5”. See: 2008, c. 5, ss. 2, 15 (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. R.S.O. 1990, c. V.4, s. 10 (1).

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. R.S.O. 1990, c. V.4, s. 10 (2).

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 by reason of illness or death, 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.

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. R.S.O. 1990, c. V.4, s. 10 (3); 1994, c. 27, s. 102 (6).

Idem

(4)  A child’s surname determined under paragraph 1, 3 or 4 of subsection (3) may be in a masculine or feminine form. R.S.O. 1990, c. V.4, s. 10 (4).

Idem

(5)  Where the person who certifies a child’s birth indicates in the prescribed manner 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 (5); 1994, c. 27, s. 102 (7).

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. 2002, c. 18, Sched. E, s. 10 (2).

12.  Repealed: O. Reg. 214/07, s. 23.

Repeal

13.  The Lieutenant Governor in Council may by regulation repeal section 12. 1994, c. 27, s. 102 (10).

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.

Abandoned child

16.  (1)-(3)  Repealed: 1994, c. 27, s. 102 (12).

Subsequent registration if child identified

(4)  If, subsequent to a registration under subsection (3) as it read before its repeal or under subsection 9 (2), 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. R.S.O. 1990, c. V.4, s. 16 (4); 1994, c. 27, s. 102 (13); 2002, c. 18, Sched. E, s. 10 (3).

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. R.S.O. 1990, c. V.4, s. 16 (5).

Cancellation of certificates

(6)  The holder of a certificate issued in respect of a registration of a birth made pursuant to subsection (3) as it read before its repeal, or subsection 9 (2), 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 (6); 1994, c. 27, s. 102 (14). (See also: 2002, c. 18, Sched. E, s. 10 (4)).

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 this Act 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); 1994, c. 27, s. 102 (20); 2006, c. 5, s. 53.

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.

29.  Repealed: 2005, c. 25, s. 4.

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 a