The Vital Statistics Act, 1995

Transcription

1 1 VITAL STATISTICS, 1995 c. V-7.1 The Vital Statistics Act, 1995 Repealed by Chapter V-7.21 of the Statutes of Saskatchewan, 2009 (effective August 31, 2009 and December 6, 2010). Formerly Chapter V-7.1 of the Statutes of Saskatchewan, 1995 (effective April 1, 1997) as amended by the Statutes of Saskatchewan, 1996, c.68; 2000, c.34; 2002, c.47; 2003, c.30; 2004, c.33, 66 and 68; and 2009, c.v NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 Table of Contents c. V-7.1 VITAL STATISTICS, 1995 SHORT TITLE AND INTERPRETATION CORRECTIONS OF ERRORS IN REGISTRATIONS 1 Short title 28 Corrections by division registrar 2 Interpretation 28.1 Court-ordered alterations 3 How Act to be interpreted 29 Application to change designation of sex 3.1 Registration provisional until filed 30 Certificates required 31 Director may change the designation of sex REGISTRATION OF BIRTHS 32 Change in registration of birth or marriage records 4 Repealed 33 Change in registration of birth of married woman 5 Repealed 6 Repealed ADMINISTRATION 7 Repealed 34 Vital Statistics branch 8 Repealed 35 Registration divisions 9 Repealed 36 Division registrars 10 Repealed 37 Regional registrars 11 Repealed 38 Appointment of deputy division registrars 12 Repealed 39 Enforcement of Act by division registrars 13 REGISTRATION OF STILLBIRTHS Registration of stillbirths 40 Remuneration of division registrars SEARCHES 14 REGISTRATION OF ADOPTIONS Repealed 41 Searches of registrations and church records ISSUANCE OF CERTIFICATES AND COPIES 42 Birth certificate REGISTRATION OF MARRIAGES 43 Certificates to be issued only by director 15 Registration of marriages 44 Certificates as evidence 16 Registration of marriage after one year from day of marriage APPEALS REGISTRATION OF DIVORCES AND DECREES OF 45 Appeal from refusal of director to register 17 NULLITY OF MARRIAGE GENERAL Returns to be filed by local registrar 46 Power to take affidavits REGISTRATION OF DEATHS 47 Power of director to act as division registrar 18 Registration of death 48 Saskatchewan registrations only 19 Registration of death by division registrar 49 Publication of statistical information 20 Registration of death by director 49.1 Genealogical indexes 21 Coroner s statement where inquest without 50 Annual report of director a view of the body 51 Records property of the Crown 22 Notice of registration of death 52 Secrecy 23 No burial allowed without notice of registration of death 53 Notations PENALTIES REGISTRATION OF BIRTHS AND DEATHS OCCURRING ON BOARD SHIP OR AIRCRAFT 54 Failure to carry out duties 24 Births and deaths on board ship or aircraft 54.1 Offences re false statements, false documents, improper use, etc. CHURCH RECORDS 55 Interference with public notice 25 Filing of church records of baptisms, marriages or burials CHANGE OF NAME 26 Notation to be made by director FRAUDULENT REGISTRATIONS AND CERTIFICATES 27 Cancellation of registration and certificates 56 Failure to obtain permit for transportation of body 57 Secrecy 58 General penalty 59 Limitation of prosecutions 60 Regulations 61 Repeal 62 Transitional REGULATIONS

3 3 VITAL STATISTICS, 1995 c. V-7.1 CHAPTER V-7.1 An Act respecting the keeping of Vital Statistics SHORT TITLE AND INTERPRETATION Short title 1 This Act may be cited as The Vital Statistics Act, Interpretation 2(1) In this Act: birth, except in the definition of stillbirth, means the expulsion or extraction from its mother of a fetus that, after complete separation from its mother, shows any sign of life; («naissance») burial permit means a permit to bury, cremate, remove or otherwise dispose of a dead body; («permis d inhumer») cemetery means land set apart or used as a place for the interment or other disposal of dead bodies, and includes a vault, mausoleum and crematorium; («cimetière») cemetery owner includes the manager, superintendent, caretaker or other person in charge of a cemetery; («propriétaire de cimetière») certificate means a certified extract of the prescribed particulars of a registration filed in the office of the director; («certificat») cremation means disposal of a dead body by incineration in a crematorium; («crémation») director means the Director of Vital Statistics appointed pursuant to section 34; («directeur») division registrar means a division registrar appointed, authorized or designated pursuant to section 36; («registraire de division») error means incorrect information, and includes omission of information; («erreur») funeral director means a person who takes charge of a dead body for the purpose of burial, cremation or other disposition; («entrepreneur de pompes funèbres») hospital means a facility designated as a hospital pursuant to The Regional Health Services Act; («hôpital») incapable means unable to act because of death, illness, absence from Saskatchewan, or otherwise; («incapable») Indian agency means the reserves over which an Indian superintendent has jurisdiction; («organisme indien») Indian superintendent means a superintendent within the meaning of the Indian Act (Canada); («surintendant des Indiens») minister means the member of the Executive Council to whom for the time being the administration of this Act is assigned; («ministre»)

4 4 c. V-7.1 VITAL STATISTICS, 1995 municipality means a city, town, village, rural municipality or northern municipality; («municipalité») occupier means the person occupying any dwelling, and includes the person having the management or charge of any public or private institution where persons are cared for or confined, and the proprietor, manager, keeper or other person in charge of a hotel, inn, apartment, lodging house or other dwelling or accommodation; («occupant») prescribed means prescribed in the regulations; («version anglaise seulement») registration division means a registration division established pursuant to section 35; («division d enregistrement») reserve means a reserve within the meaning of the Indian Act (Canada); («réserve») state means a state or territory of the United States of America and includes the District of Columbia; («état») stillbirth means the complete expulsion or extraction from the mother after at least 20 weeks pregnancy, or after attaining a weight of at least 500 grams, of a product of conception in which, after the expulsion or extraction, there is no breathing, beating of the heart, pulsation of the umbilical cord or unmistakable movement of voluntary muscle; («mortinaissance») (2) For the purposes of this Act, no birth, stillbirth, marriage or death is to be registered unless the name of the person to whom the birth, stillbirth, marriage or death relates is written entirely in characters of the Roman alphabet. 1995, c.v-7.1, s.2; 2000, c.34, s.2; 2002, c.47, s.4. How Act to be interpreted 3 This Act is to be interpreted in a manner that achieves uniformity in the interpretation of similar laws respecting vital statistics that are in force in other provinces or territories of Canada. 1995, c.v-7.1, s.3. Registration provisional until filed 3.1 Notwithstanding any other provision of this Act, the registration of an event by the signing of a statement or other document by the director or a division registrar is a provisional registration only, and the registration does not become complete until the statement or other document is filed as a permanent record. 2003, c.30, s.12.

5 5 VITAL STATISTICS, 1995 c. V-7.1 REGISTRATION OF BIRTHS 4 Repealed. 2009, c.v-7.21, s Repealed. 2009, c.v-7.21, s Repealed. 2009, c.v-7.21, s Repealed. 2009, c.v-7.21, s Repealed. 2009, c.v-7.21, s Repealed. 2009, c.v-7.21, s Repealed. 2009, c.v-7.21, s Repealed. 2009, c.v-7.21, s Repealed. 2009, c.v-7.21, s.110. REGISTRATION OF STILLBIRTHS Registration of stillbirths 13(1) Every stillbirth in Saskatchewan is to be registered as provided in this section. (2) Where a stillbirth occurs, the person who would have been responsible for the registration pursuant to section 5 if it had been a birth shall complete and deliver to the funeral director a statement in the prescribed form respecting the stillbirth. (3) The duly qualified medical practitioner in attendance at a stillbirth or, where there is no duly qualified medical practitioner in attendance, a duly qualified medical practitioner or a coroner shall complete the medical certificate included in the prescribed form, showing the cause of the stillbirth, and shall deliver it to the funeral director. (4) On receipt of the statement, the funeral director shall complete the statement setting forth the proposed date and place of burial, cremation or other disposition of the body and shall deliver the statement to the division registrar of the registration division in which the stillbirth occurred. (5) On receipt of the statement, the division registrar, if satisfied as to its truth and sufficiency, shall register the stillbirth by signing the statement. (6) On being signed by the division registrar, the statement constitutes the registration of the stillbirth. (6.1) If the director is not satisfied as to the truth and sufficiency of the statement submitted pursuant to this section or is not satisfied that the statement was submitted in good faith: (a) the director may do any of the following in order to obtain any necessary additional evidence:

6 6 c. V-7.1 VITAL STATISTICS, 1995 (i) require the attendance at his or her office of the person who signed the statement, or of any other person, and examine that person respecting any matter pertaining to the registration of the stillbirth; (ii) require the person who signed the statement or any other person to produce any document or evidence that, in the opinion of the director, is necessary to enable the director to make a determination as to the truth and sufficiency of the statement or as to whether the statement was submitted in good faith; and (b) the director may refuse to register the stillbirth. (7) On registering a stillbirth, the division registrar shall promptly prepare and deliver to the person requiring them for the purpose of the burial, cremation or other disposition of the body of the stillborn child: (a) an acknowledgment that the stillbirth is registered; and (b) a burial permit. (8) Subject to this section, sections 4 to 10 and 18 to 24 apply to stillbirths, with any necessary modification. 1995, c.v-7.1, s.13; 2003, c.30, s Repealed. 2009, c.v-7.21, s.110. REGISTRATION OF ADOPTIONS REGISTRATION OF MARRIAGES Registration of marriages 15(1) Every marriage solemnized in Saskatchewan is to be registered as provided in this section. (2) Every person authorized by law to solemnize marriage shall, immediately after solemnizing a marriage, prepare a statement in the prescribed form respecting the marriage, signed by: (a) each of the parties to the marriage; (b) at least two witnesses 18 years of age or more to the marriage; and (c) the person by whom the marriage was solemnized. (3) Within two days after the day of the marriage, the person by whom the marriage was solemnized shall deliver or mail the completed statement to the director. (4) On receipt within one year from the day of the marriage of a completed statement in the prescribed form respecting the marriage, the director, if satisfied as to its truth and sufficiency, shall register the marriage by signing the statement.

7 7 VITAL STATISTICS, 1995 c. V-7.1 (5) On being signed by the director, the statement constitutes the registration of the marriage. (6) If the director is not satisfied as to the truth and sufficiency of the statement submitted pursuant to this section or is not satisfied that the statement was submitted in good faith: (a) the director may do any of the following in order to obtain any necessary additional evidence: (i) require the attendance at his or her office of the person who signed the statement, or of any other person, and examine that person respecting any matter pertaining to the registration of the marriage; (ii) require the person who signed the statement or any other person to produce any document or evidence that, in the opinion of the director, is necessary to enable the director to make a determination as to the truth and sufficiency of the statement or as to whether the statement was submitted in good faith; and (b) the director may refuse to register the marriage. 1995, c.v-7.1, s.15; 2003, c.30, s.16. Registration of marriage after one year from day of marriage 16(1) When a marriage is not registered within one year from the day of the marriage, any person may make application for registration of the marriage to the director accompanied by: (a) the prescribed fee; and (b) a statement in the prescribed form respecting the marriage and any other prescribed evidence. (2) The director, if satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith, shall register the marriage by signing the statement. (3) On being signed by the director, the statement constitutes the registration of the marriage. (4) If the director is not satisfied as to the truth and sufficiency of the application, statement and prescribed evidence submitted pursuant to this section or is not satisfied that the application, statement and prescribed evidence were submitted in good faith: (a) the director may do any of the following in order to obtain any necessary additional evidence: (i) require the attendance at his or her office of the person who signed the statement and submitted the prescribed evidence, or of any other person, and examine that person respecting any matter pertaining to the registration of the marriage;

8 8 c. V-7.1 VITAL STATISTICS, 1995 (b) (ii) require the person who signed the statement or any other person to produce any document or evidence that, in the opinion of the director, is necessary to enable the director to make a determination as to the truth and sufficiency of the application, statement and prescribed evidence or as to whether the application, statement and prescribed evidence were submitted in good faith; and the director may refuse to register the marriage. 1995, c.v-7.1, s.16; 2003, c.30, s.17. REGISTRATION OF DIVORCES AND DECREES OF NULLITY OF MARRIAGE Returns to be filed by local registrar 17(1) Every local registrar of the Court of Queen s Bench shall promptly forward to the director a return in the prescribed form where: (a) a judgment dissolving a marriage has been filed with the local registrar and the judgment has taken effect pursuant to the Divorce Act; or (b) a decree of nullity of marriage has been entered by the local registrar and: (i) the time for appeal has expired and no appeal has been presented against the decree; (ii) any appeal has been dismissed; or (iii) in the result of the appeal the marriage has been declared to be annulled. (2) On receipt of a return in the prescribed form respecting the dissolution or annulment of a marriage, the director shall register the dissolution or annulment by signing the return. (3) On being signed by the director, the return constitutes the registration of the dissolution or annulment. 1995, c.v-7.1, s.17. REGISTRATION OF DEATHS Registration of death 18(1) The death of every person who dies in Saskatchewan is to be registered as provided in this section and sections 19 to 23. (2) On the request of the funeral director, the personal particulars of the deceased person shall be completed in the prescribed form and delivered to the funeral director: (a) by the nearest relative of the deceased present at the death or in attendance at the last illness of the deceased; (b) if no relative mentioned in clause (a) is available, by a relative of the deceased residing or being within the registration division;

9 9 VITAL STATISTICS, 1995 c. V-7.1 (c) if no relative is available, by a person 18 years of age or more, present at the death; (d) by any other person 18 years of age or more having knowledge of the facts; (e) by the occupier of the house in which the death occurred; or (f) by the coroner who has been notified of the death and has made an inquiry or held an inquest regarding the death. (3) Subject to subsection 22(6), the duly qualified medical practitioner who was last in attendance during the last illness of the deceased, or the coroner who conducts an inquest on the body or an inquiry into the circumstances of the death, shall, promptly after the death, inquest or inquiry, as the case may be: (a) complete and sign a medical certificate in the prescribed form, setting out the cause of death according to the International List of Causes of Death, as last revised by the International Commission assembled for that purpose; and (b) cause the medical certificate to be delivered to the funeral director. (4) Where there is no reason to believe that the death was a result of any of the circumstances set forth in subsection (5), and: (a) a death occurs without medical attendance; (b) the medical practitioner mentioned in subsection (3) is not available to complete the medical certificate; or (c) it is impossible for a duly qualified medical practitioner attending after the death of a person to determine the cause of death and the medical practitioner has advised the funeral director that he or she does not intend to secure any autopsy reports to assist in that regard; the funeral director shall promptly notify a coroner having jurisdiction, who shall then proceed in accordance with The Coroners Act and complete the medical certificate in accordance with subsection (3). (5) Subject to subsection 22(2), where there is reason to believe that a person has died: (a) as a result of violence or misadventure or by unfair means; (b) from any cause other than disease or sickness; (c) as a result of negligence or misconduct or malpractice on the part of others; or (d) under circumstances that require investigation;

10 10 c. V-7.1 VITAL STATISTICS, 1995 no acknowledgment of registration of the death and no burial permit shall be issued by the division registrar unless the body has been examined by the coroner and inquiry has been made into the circumstances of the death, as provided by The Coroners Act, the coroner has signed the medical certificate of the cause of death in accordance with subsection (3), and the other provisions of this Act respecting the registration of the death have been complied with. (6) If the cause of a death is ill-defined, obscure or unknown, the Deputy Minister of Health may order that a post-mortem examination be made on the body of the deceased. (7) On receipt of the personal particulars respecting the deceased and of the medical certificate, the funeral director shall: (a) complete the statement in the prescribed form; and (b) promptly deliver the completed statement to: (i) the division registrar of the registration division in which the death occurred; or (ii) if the place of death is not known, to the division registrar of the registration division in which the body was found. 1995, c.v-7.1, s.18. Registration of death by division registrar 19(1) On receipt within one year from the day of a death of a statement in the prescribed form respecting the death, the division registrar, if satisfied as to its truth and sufficiency, shall register the death by signing the statement. (2) On being signed by the division registrar, the statement constitutes the registration of the death, subject to the other provisions of this section. (3) Where it is impracticable to deliver the statement respecting the death to the proper division registrar, the statement may be delivered to the nearest division registrar, who, on receipt of the prescribed fee, shall: (a) register the death by signing the statement and issue an acknowledgment of the registration of the death and a burial permit; and (b) promptly forward the registration to the director, together with a report in the prescribed form. (4) Where the division registrar is not satisfied as to the truth and sufficiency of the statement, he or she shall refer the matter to the director, who, in order to obtain any necessary additional evidence, may: (a) require the attendance at the director s office of the person who signed the statement, or of any other person; and (b) examine the person respecting any matter pertaining to the registration of the death.

11 11 VITAL STATISTICS, 1995 c. V-7.1 (5) The director, if satisfied as to the truth and sufficiency of the statement, shall register the death by signing the statement. (6) On being signed by the director, the statement constitutes the registration of the death. (7) If the director is not satisfied as to the truth and sufficiency of the statement submitted pursuant to this section or is not satisfied that the statement was submitted in good faith: (a) the director may do any of the following in order to obtain any necessary additional evidence: (i) require the attendance at his or her office of the person who signed the statement, or of any other person, and examine that person respecting any matter pertaining to the registration of the death; (ii) require the person who signed the statement or any other person to produce any document or evidence that, in the opinion of the director, is necessary to enable the director to make a determination as to the truth and sufficiency of the statement or as to whether the statement was submitted in good faith; and (b) the director may refuse to register the death. (8) Where the director has, pursuant to clause (7)(b), decided that the statement respecting the death is not acceptable for the purposes of this Act, the signing of the statement by the division registrar is deemed not to have been a registration of the death and the death is deemed not to have been registered. 1995, c.v-7.1, s.19; 2003, c.30, s.18. Registration of death by director 20(1) When a death is not registered within one year from the day of death, any person may apply to the director for registration of the death by submitting: (a) the prescribed fee; (b) a statement in the prescribed form respecting the death; and (c) any evidence that may be required by the regulations. (2) The director, if satisfied as to the truth and sufficiency of the statement and the correctness and sufficiency of the supporting evidence, may register the death by signing the statement. (3) On being signed by the director, the statement constitutes the registration of the death.

12 12 c. V-7.1 VITAL STATISTICS, 1995 (4) If the director is not satisfied as to the truth and sufficiency of the statement and required evidence submitted pursuant to this section or is not satisfied that the statement and required evidence were submitted in good faith: (a) the director may do any of the following in order to obtain any necessary additional evidence: (i) require the attendance at his or her office of the person who signed the statement and submitted the required evidence, or of any other person, and examine that person respecting any matter pertaining to the registration of the death; (ii) require the person who signed the statement or any other person to produce any document or evidence that, in the opinion of the director, is necessary to enable the director to make a determination as to the truth and sufficiency of the statement and required evidence or as to whether the statement and required evidence were submitted in good faith; and (b) the director may refuse to register the death. 1995, c.v-7.1, s.20; 2003, c.30, s.19. Coroner s statement where inquest without a view of the body 21(1) Where a coroner holds an inquest pursuant to section 12 of The Coroners Act, the coroner shall, subject to subsection (2), on the conclusion of the inquest, complete the statement in the prescribed form respecting the death as if he or she had examined the body except that, in addition to stating the date of death and the cause of death under the heading medical certificate of death, the coroner shall state under that heading body not found or recovered and inquest held pursuant to section 12 of The Coroners Act. (2) The coroner shall include in the statement mentioned in subsection (1) the full name of the deceased and as many personal particulars relating to the deceased as the coroner has knowledge of and are required in the statement. (3) Where a coroner has completed a statement in accordance with subsections (1) and (2), the coroner shall transmit the statement to the director, who, if satisfied as to the truth and sufficiency of the statement, shall register the death by signing the statement. (4) On being signed by the director, the statement constitutes the registration of the death. 1995, c.v-7.1, s.21. Notice of registration of death 22(1) On the registration of a death pursuant to subsection 19(1), the division registrar shall prepare and issue to the funeral director: (a) an acknowledgment that the death is registered; and (b) a burial permit.

13 13 VITAL STATISTICS, 1995 c. V-7.1 (2) Where a person dies under one of the circumstances referred to in subsection 18(5) and it is not possible for the coroner, for the time being, to certify the cause of death: (a) the coroner shall enter under the heading medical certificate of death, shown in the statement in the prescribed form respecting the death, the date or the approximate date of the death and the words this body is hereby released for burial and sign and date the statement; and (b) the statement referred to in clause (a) shall be delivered to the division registrar who: (i) shall issue a burial permit and an acknowledgment of the statement respecting the death; and (ii) may, notwithstanding anything contained in this Act, if satisfied as to the truth of the contents of the statement, register the death by signing the statement. (3) On being signed by the division registrar, the statement constitutes the registration of the death. (4) The coroner shall within two days of: (a) determining the cause of death; or (b) completing his or her investigation; complete a medical certificate of death in the prescribed form and include in the certificate the name of the deceased and the date of death and, notwithstanding the provisions of section 28 of The Coroners Act, deliver or mail the certificate to the director. (5) The director, on receiving the certificate pursuant to subsection (4), shall append it to the statement respecting the death, and the certificate then constitutes part of the registration of the death. (6) Where the duly qualified medical practitioner who intends to determine the cause of death of the deceased wishes to obtain certain autopsy reports before certifying the cause of death, he or she shall: (a) enter under the heading medical certificate of death, shown in the statement in the prescribed form respecting the death, the date of the death and in the space provided for the cause of death the words awaiting autopsy reports and sign and date the statement; and (b) promptly deliver the statement to the division registrar. (7) On receipt of the statement mentioned in subsection (6), the division registrar: (a) shall issue a burial permit with respect to the deceased and an acknowledgment of the receipt of the statement, but the body shall not be disposed of by cremation; and (b) notwithstanding anything in this Act, if satisfied as to the truth of the contents of the statement, may register the death by signing the statement.

14 14 c. V-7.1 VITAL STATISTICS, 1995 (8) On being signed by the division registrar, the statement constitutes the registration of the death. (9) Within two days of determining the cause of death, a duly qualified medical practitioner who delivered a statement with respect to a deceased pursuant to subsection (7) shall complete the medical certificate of death in the prescribed form, including the name of the deceased and the date of death and deliver or mail the certificate to the director. (10) The director, on receiving a certificate mentioned in subsection (9) respecting a deceased, shall append it to the statement respecting the death delivered pursuant to subsection (6), and the certificate then constitutes part of the registration of the death. (11) Unless the requirements set out in subsection (12) are complied with, no person shall: (a) bury or otherwise dispose of the body of a person who dies in Saskatchewan; (b) except temporarily for the purpose of preparing the body for burial, remove it from the registration division in which the death occurred or the body was found; or (c) conduct or take part in a funeral or religious service in connection with the burial or other disposition of the body. (12) The requirements for the purposes of subsection (11) are: (a) the death must be registered as provided in this section; (b) an acknowledgment of the registration of the death and a burial permit must be obtained from the division registrar; and (c) the person conducting the funeral or religious service must be in possession of the burial permit. (13) Where the body of a person is to be removed by a common carrier to the place of burial or other disposition, the removal shall not take place unless the prescribed copies of the burial permit have been affixed to the outside of the casket. (14) The funeral director at the place of burial or other disposition shall: (a) remove any copies of the burial permit affixed to the outside of the casket; (b) deliver the prescribed copy of the burial permit to the person conducting the funeral or religious service; and (c) deliver the prescribed copy of the burial permit to the cemetery owner. (15) Where a death occurs outside Saskatchewan and the burial or other disposition of the body is to take place in Saskatchewan, a burial permit or any other document that is prescribed pursuant to the law of the jurisdiction in which the death occurs, signed by the division registrar or other proper officer, is sufficient authority for the burial or other disposition of the body. 1995, c.v-7.1, s.22.

15 15 VITAL STATISTICS, 1995 c. V-7.1 No burial allowed without notice of registration of death 23(1) No cemetery owner shall permit the burial or cremation of a dead body in the owner s cemetery unless the funeral director or the person officiating at the burial has delivered to the cemetery owner the prescribed copy of the burial permit. (2) At the end of each calendar month, every cemetery owner shall transmit to the director the copies of the burial permits received by the cemetery owner pursuant to subsection (1) with respect to the burials and cremations that took place during that month in the cemetery. 1995, c.v-7.1, s.23. REGISTRATION OF BIRTHS AND DEATHS OCCURRING ON BOARD SHIP OR AIRCRAFT Births and deaths on board ship or aircraft 24(1) Where a birth or death occurs on a vessel underway or on an aircraft in flight, and the vessel s first port of call or the aircraft s first place of landing after the birth or death is in Saskatchewan, the birth or death shall for the purposes of this Act be deemed to have occurred in Saskatchewan. (2) Where a vessel recovers a body in the water and the vessel s first port of call after the recovery is in Saskatchewan, the death shall for the purposes of this Act be deemed to have occurred in Saskatchewan. 1995, c.v-7.1, s.24. CHURCH RECORDS Filing of church records of baptisms, marriages or burials 25 Where registers or records of baptisms, marriages or burials kept by a church or religious body in Saskatchewan are on file or are, with the approval of the director, placed on file in the office of the director, the registers or records shall be preserved and shall remain in the custody of the director as part of the records of the office. 1995, c.v-7.1, s.25. CHANGE OF NAME Notation to be made by director 26(1) Where the name of a person is changed pursuant to The Change of Name Act, 1995 or any former Change of Name Act, or pursuant to similar legislation of another jurisdiction, or was changed by a deed poll in Saskatchewan prior to May 1, 1933, the director, on receiving proof of the change and evidence satisfactory to the director as to the identity of the person: (a) if the birth or marriage of the person is registered in Saskatchewan, may make a notation of the change on the registration of birth or marriage; and

16 16 c. V-7.1 VITAL STATISTICS, 1995 (b) if the change was made pursuant to The Change of Name Act, 1995 or any former Change of Name Act, and the person was born or married in another province or territory, shall transmit to the officer in charge of the registration of births and marriages in the province or territory a copy of the proof of the change of name produced to the director. (2) Every birth or marriage certificate issued after the making of a notation pursuant to this section is to be issued as if the registration had been made in the name as changed. 1995, c.v-7.1, s.26; 2003, c.30, s.20. FRAUDULENT REGISTRATIONS AND CERTIFICATES Cancellation of registration and certificates 27(1) After notice to and hearing of all persons interested or, where the holding of a hearing is not possible, on receipt of a statutory declaration or other evidence satisfactory to the director as may be presented by any person interested, the director, if satisfied that a registration was fraudulently or improperly made, may order: (a) that a notation be made on the registration to that effect; and (b) that every certificate issued with respect to that registration be returned to the director for cancellation. (2) Where a notation has been made pursuant to subsection (1), no certificate shall be issued with respect to the registration. (3) After notice to and hearing of all persons interested or, where the holding of a hearing is not possible, on receipt of a statutory declaration or other evidence satisfactory to the director as may be presented by any person interested, the director, if satisfied that a certificate was obtained or is being used for fraudulent or improper purposes, may order the return of that certificate to the director. (4) A person who has possession or control of a certificate with respect to which an order has been made pursuant to subsection (1) or (3) shall promptly, on receipt of the order, deliver the certificate to the director, who shall preserve it in a permanent file together with the order and all related documents. 1995, c.v-7.1, s.27. CORRECTIONS OF ERRORS IN REGISTRATIONS Corrections by division registrar 28(1) If, while the registration of a birth, stillbirth or death is in the possession of a division registrar, it is reported to the division registrar that an error has been made in the registration, he or she shall inquire into the matter and, if satisfied that an error exists, he or she may correct the error according to the facts by making a notation of the correction on the registration without altering the original entry.

17 17 VITAL STATISTICS, 1995 c. V-7.1 (2) If the person who furnished the information contained in the registration to be corrected appears in person, the division registrar may permit correction by altering the original entry. (3) If, after a registration has been received or made by the director, it is reported to the director that an error exists in the registration, the director shall inquire into the matter and, on the production of evidence satisfactory to him or her, may correct the error by making a notation of the correction on the registration without altering the original entry. (4) If, after the correction of an error, application is made for a certificate, the certificate is to be prepared as if the registration had been made containing correct particulars at the time of registration. 1995, c.v-7.1, s.28. Court-ordered alterations 28.1(1) If, after a statement has been received or registered, a court orders that an alteration be made to the statement, the director, on the production of a copy of the court order, may: (a) make the alteration by making a notation of the alteration on the statement without altering the original entry; and (b) order any person who has possession or control of a certificate with respect to which the court order is made to deliver the certificate to the director, who shall preserve it in a permanent file together with the order and all related documents. (2) No person shall fail to comply with an order of the director made pursuant to clause (1)(b). (3) Every person who fails to comply with an order made pursuant to clause (1)(b) is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000. (4) If, after the making of a court-ordered alteration, application is made for a certificate, the certificate is to be prepared as if the registration had been made containing correct particulars at the time of registration. 2003, c.30, s.21. Application to change designation of sex 29 A person who has undergone transsexual surgery may apply to the director to have the designation of the person s sex on the person s registration of birth changed. 1995, c.v-7.1, s.29.

18 18 c. V-7.1 VITAL STATISTICS, 1995 Certificates required 30(1) In this section and section 31, applicant means a person who makes an application pursuant to section 29. (2) An application made pursuant to section 29 must be accompanied by: (a) a medical certificate, signed by a medical practitioner who is legally qualified to practise medicine in the jurisdiction in which the transsexual surgery was performed on the applicant, certifying that: (i) the medical practitioner performed transsexual surgery on the applicant; and (ii) as a result of the transsexual surgery, the designation of the sex of the applicant should be changed on the registration of birth of the applicant; (b) where it is not possible to obtain the medical certificate, any other medical evidence of the transsexual surgery that the director considers necessary; (c) a certificate, signed by a duly qualified medical practitioner other than the medical practitioner who performed the transsexual surgery on the applicant, certifying that: (i) the medical practitioner who signed the certificate examined the applicant; (ii) the results of the examination substantiate that transsexual surgery was performed on the applicant; and (iii) as a result of the transsexual surgery the designation of the sex of the applicant should be changed on the registration of birth of the applicant; and (d) any other evidence the director may require. 1995, c.v-7.1, s.30. Director may change the designation of sex 31(1) Where an application has been made pursuant to section 29, the director may change the designation of the sex of the applicant on the registration of birth of the applicant. (2) Every birth certificate issued after the registration of birth has been changed pursuant to this section is to be issued as if the original registration of birth had been made showing the designation of sex as changed. 1995, c.v-7.1, s.31.

19 19 VITAL STATISTICS, 1995 c. V-7.1 Change in registration of birth or marriage records 32(1) Where, for a period of 10 years or more, a person has continuously used a surname that is spelled differently from a surname applying to that person contained in a registration of his or her birth or marriage, he or she may request, by application accompanied by a statutory declaration and any other evidence the director may require, that the spelling of his or her surname in the registration be changed to the spelling of the surname he or she had been using continuously. (2) Where the director is satisfied as to the truth and sufficiency of an application and accompanying material mentioned in subsection (1) and that, although the spelling is different, the surname contained in the registration of birth or marriage and the surname continuously used by the applicant are substantially the same name, the director may, in his or her discretion, accept the application and without altering the original entry make a notation to that effect on the registration. (3) Where, any time after a notation has been made pursuant to subsection (2), an application is made for the issue of a certificate, the certificate is to be prepared as if the registration had been made containing the surname as spelled in the notation. (4) Subject to subsection (5), a notation similar to that made pursuant to subsection (2) shall be made in the registration of birth of the child, and the provisions of subsection (3) apply to that registration, where: (a) a notation is made pursuant to subsection (2) and the applicant is the parent of a child of whom he or she has lawful custody and whose birth has been registered pursuant to this Act; and (b) the surname contained in that registration has the same spelling as the surname contained in the registration of birth or marriage of the applicant. (5) Where a child mentioned in subsection (4) is 14 years of age or more, no notation pursuant to that subsection shall be made without the consent of the child. (6) Subsections (1) to (5) apply, with any necessary modification to a woman who is or was married, and who for a period of five years or more immediately prior to her marriage spelled her surname differently from the surname applying to her contained in the registration of her birth. 1995, c.v-7.1, s.32. Change in registration of birth of married woman 33(1) Where a woman who is or was married had consistently prior to her marriage used a name other than the name applicable to her contained in the registration of her birth, she may request, by application accompanied by a statutory declaration and any other evidence the director may require, that the name contained in the registration of her birth be changed to the name that she had been using prior to marriage. (2) Where the director is satisfied as to the truth and sufficiency of an application made pursuant to subsection (1), the director may, in his or her discretion, accept the application and without altering the original entry make a notation to that effect on the registration.

20 20 c. V-7.1 VITAL STATISTICS, 1995 (3) Where, any time after a notation has been made pursuant to subsection (2), an application is made for the issue of a certificate, the certificate shall be prepared as if the registration had been made containing the name referred to in the notation. 1995, c.v-7.1, s.33. ADMINISTRATION Vital Statistics branch 34(1) The branch of the Department of Health known as Vital Statistics is continued. (2) The Public Service Commission may appoint a Director of Vital Statistics, who shall, under the direction of the minister, be responsible for: (a) the administration of this Act; (b) the direction and supervision of Vital Statistics; and (c) the performance of any other duties that may be prescribed. (3) The Public Service Commission may appoint an Assistant Director of Vital Statistics, who may exercise the powers and perform the duties of the director. (4) The Public Service Commission may appoint an inspector or inspectors of vital statistics for the purposes of this Act, who shall perform any duties that may be prescribed. 1995, c.v-7.1, s.34. Registration divisions 35(1) For the purposes of this Act, Saskatchewan shall be divided into registration divisions. (2) Every municipality is a registration division. (3) Every Indian agency in Saskatchewan is a registration division. (4) to (6) Repealed. 1996, c.68, s , c.v-7.1, s.35; 1996, c.68, s.3. Division registrars 36(1) The clerk or secretary-treasurer of every municipality, or any other person approved by the Lieutenant Governor in Council, is the division registrar of the registration division formed by the municipality. (2) Every Indian superintendent in Saskatchewan is authorized to act as division registrar of the registration division formed by the Indian agency under his or her jurisdiction. (3) The division registrars of all other registration divisions are to be appointed by the Lieutenant Governor in Council. 1995, c.v-7.1, s.36.

21 21 VITAL STATISTICS, 1995 c. V-7.1 Regional registrars 37(1) As the Lieutenant Governor in Council considers necessary for the more efficient functioning of the registration system, the Lieutenant Governor in Council may appoint any persons as regional registrars of areas comprising: (a) two or more registration divisions; (b) one or more registration divisions and a portion of another division or portions of other divisions; or (c) portions of two or more registration divisions. (2) Notwithstanding any other provision of this Act or the regulations, the minister may issue any instructions that he or she considers necessary to develop a system of providing vital statistics information to a regional registrar. 1995, c.v-7.1, s.37. Appointment of deputy division registrars 38 A division registrar may, with the approval of the director, appoint in writing one or more deputy division registrars, who may exercise the powers and perform the duties of the division registrar. 1995, c.v-7.1, s.38. Enforcement of Act by division registrars 39 Every division registrar shall: (a) under the supervision and direction of the director and in accordance with the regulations, enforce this Act in his or her registration division; and (b) make an immediate report to the director of any contravention of this Act of which the division registrar has knowledge. 1995, c.v-7.1, s.39. Registrations - remuneration 40 Division registrars and Indian superintendents are to be remunerated by municipalities and other persons in the manner and in accordance with the amounts prescribed in the regulations. 1996, c.68, s.4. SEARCHES Searches of registrations and church records 41(1) Any person, on applying in the prescribed form and paying the prescribed fee, may, if the director is satisfied that the information is not to be used for an unlawful or improper purpose, have a search made by the director: (a) for the registration in the director s office of any birth, stillbirth, marriage, death, adoption, change of name, or dissolution or annulment of marriage; or (b) for the record of any baptism, marriage or burial placed on file in the office of the director pursuant to section 25.

22 22 c. V-7.1 VITAL STATISTICS, 1995 (2) The director shall make a report on the search that shall state only the following information: (a) whether or not the birth, stillbirth, marriage, death, adoption, change of name, dissolution or annulment of marriage, baptism or burial is registered or recorded; (b) if the event mentioned in clause (a) is registered, its registration number. 1995, c.v-7.1, s.41. ISSUANCE OF CERTIFICATES AND COPIES Birth certificate 42(1) Repealed. 2009, c.v-7.21, s.110. (2) Repealed. 2009, c.v-7.21, s.110. (3) Repealed. 2009, c.v-7.21, s.110. (4) Any person, on applying in the prescribed form and paying the prescribed fee may, if the director is satisfied that it is not to be used for an unlawful or improper purpose, obtain a certificate in the prescribed form with respect to the registration of a marriage, containing only the following particulars of the registration: (a) the names of the parties to the marriage; (b) the date of the marriage; (c) the place where the marriage was solemnized; (d) the date of registration; (e) the serial number of the registration. (5) A certified copy or photographic print of the registration of a marriage, may be issued only to the following persons, and only where application in the prescribed form and payment of the prescribed fee have been received: (a) a party to the marriage; (b) a person who has received written authorization from the minister; (c) a person who is acting on the authority of an order of a judge of a court. (6) Any person, on applying in the prescribed form and paying the prescribed fee, may, if the director is satisfied that it is not to be used for an unlawful or improper purpose and subject to subsection (7), obtain a certificate in the prescribed form with respect to the registration of a death. (7) No certificate issued with respect to the registration of a death is to be issued in a manner that discloses the cause of death as certified on the medical certificate except: (a) on the authority in writing of the minister; or (b) on the order of a judge of a court.

23 23 VITAL STATISTICS, 1995 c. V-7.1 (8) A certified copy or photographic print of the registration of a death or stillbirth may be issued only to the following persons, and only where application in the prescribed form and payment of the prescribed fee have been received: (a) a person who has received written authorization from the minister; (b) a person who is acting on the authority of an order of a judge of a court. (9) Any person, on applying in the prescribed form and paying the prescribed fee, may, with the approval of the director and subject to the same limitations as those respecting certified copies and photographic prints set out in subsections (3), (5) and (8), obtain a certificate in the prescribed form with respect to the record of a baptism, marriage or burial placed on file pursuant to section 25. (10) The minister may, with respect to the issuance of any certificate, certified copy or photographic print mentioned in subsections (3), (5), (7), (8) and (9), in writing, dispense with the authority required from the minister by those subsections or may dispense with that authority in cases and circumstances specified by him or her. (11) Repealed. 2009, c.v-7.21, s.110. (12) Repealed. 2009, c.v-7.21, s.110. (13) No certificate, certified copy, photographic print or extract shall be issued pursuant to this Act with respect to the registration of: (a) an adoption; (b) a change of name; or (c) a dissolution or annulment of marriage. (14) Notwithstanding subsection (13), a certificate, certified copy, photographic print or extract of a registration of an adoption or any supporting documentation may be issued to the director, within the meaning of The Adoption Act, 1998, for use in providing post-adoption services, where the director makes the request in writing. (15) Notwithstanding subsection (13), a certificate, certified copy, photographic print or extract of a dissolution or annulment of marriage may be issued, if required for the purposes of section 17 of The Marriage Act, (16) Notwithstanding anything in this section: (a) the director may require any person who applies for a certificate, certified copy, photographic print or extract to provide proof of his or her identity or his or her eligibility to obtain the certificate, certified copy, photographic print or extract applied for; and (b) if the director is not satisfied as to the identity or eligibility of an applicant, the director may refuse to issue the certificate, certified copy, photographic print or extract applied for. 1995, c.v-7.1, s.42; 1996, c.68, s.5; 2003, c.30, s.22; 2004, c.66, s.8; 2009, c.v-7.21, s.110.