The Vital Statistics Act, 1995

Transcription

1 1 VITAL STATISTICS, 1995 c. V-7.1 The Vital Statistics Act, 1995 being 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; 2003, c.30; and 2004, c.66 and 68. 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 c. V-7.1 VITAL Table STATISTICS, of Contents 1995 SHORT TITLE AND INTERPRETATION 1 Short title 2 Interpretation 3 How Act to be interpreted 3.1 Registration provisional until filed REGISTRATION OF BIRTHS 4 Notice of birth 5 Registration of births 6 Surname of child 7 Additional information required by director 8 Continuing duty 9 Registration of birth 10 Late registration of birth 11 Foundlings 12 Alteration or addition of given names by director REGISTRATION OF STILLBIRTHS 13 Registration of stillbirths REGISTRATION OF ADOPTIONS 14 Registration of adoptions REGISTRATION OF MARRIAGES 15 Registration of marriages 16 Registration of marriage after one year from day of marriage REGISTRATION OF DIVORCES AND DECREES OF NULLITY OF MARRIAGE 17 Returns to be filed by local registrar REGISTRATION OF DEATHS 18 Registration of death 19 Registration of death by division registrar 20 Registration of death by director 21 Coroner s statement where inquest without a view of the body 22 Notice of registration of death 23 No burial allowed without notice of registration of death REGISTRATION OF BIRTHS AND DEATHS OCCURRING ON BOARD SHIP OR AIRCRAFT 24 Births and deaths on board ship or aircraft CHURCH RECORDS 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 CORRECTIONS OF ERRORS IN REGISTRATIONS 28 Corrections by division registrar 28.1 Court-ordered alterations 29 Application to change designation of sex 30 Certificates required 31 Director may change the designation of sex 32 Change in registration of birth or marriage records 33 Change in registration of birth of married woman ADMINISTRATION 34 Vital Statistics branch 35 Registration divisions 36 Division registrars 37 Regional registrars 38 Appointment of deputy division registrars 39 Enforcement of Act by division registrars 40 Remuneration of division registrars SEARCHES 41 Searches of registrations and church records ISSUANCE OF CERTIFICATES AND COPIES 42 Birth certificate 43 Certificates to be issued only by director 44 Certificates as evidence APPEALS 45 Appeal from refusal of director to register GENERAL 46 Power to take affidavits 47 Power of director to act as division registrar 48 Saskatchewan registrations only 49 Publication of statistical information 49.1 Genealogical indexes 50 Annual report of director 51 Records property of the Crown 52 Secrecy 53 Notations PENALTIES 54 Failure to carry out duties 54.1 Offences re false statements, false documents, improper use, etc. 55 Interference with public notice 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 any hospital, nursing home or institution approved pursuant to the provisions of The Hospital Standards Act, or any former Hospital Standards Act, for the purposes of The Saskatchewan Hospitalization 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. 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. REGISTRATION OF BIRTHS Notice of birth 4 Except in the case of a birth in a hospital, every person who assists at the birth of a child in Saskatchewan shall deliver or mail to the division registrar of the registration division in which the birth occurs a notice of the birth in the prescribed form within 24 hours of the birth. 1995, c.v-7.1, s.4.

5 5 VITAL STATISTICS, 1995 c. V-7.1 Registration of births 5(1) Subject to the regulations, the birth of every child born in Saskatchewan is to be registered as provided in this section and sections 6 to 9. (2) Within 15 days after the birth of a child, a statement in the prescribed form shall be completed and delivered or mailed to the division registrar by: (a) the mother and father of the child; (b) the child s mother, if the father is incapable or is unacknowledged by or unknown to the mother; (c) the child s father if the mother is incapable; (d) if both parents are incapable, or if the mother is incapable and the father is unacknowledged by or unknown to the mother, the person standing in the place of the parents of the child; or (e) if there is no person to whom clause (a), (b), (c) or (d) applies, any person who has knowledge of the birth of the child. (3) Where a person makes a statement pursuant to clause (2)(b), (c), (d) or (e), the director may require that person to make and submit a statutory declaration of the facts that require the statement to be made by the person. (4) If a pregnancy results in the birth of more than one child, a separate statement for each child must be completed and delivered or mailed pursuant to subsection (2). (5) Each statement mentioned in subsection (4) must state the number of children born and their order of birth. (6) A statement must contain: (a) the name, birthplace, birthdate and other prescribed particulars of the mother; and (b) if the father makes the statement, the name, birthplace, birthdate and other prescribed particulars of the father. (7) Where a statement completed by only one parent of the child or by a person who is not the child s parent is registered, the director shall amend the information respecting the parental particulars on the statement on the application of the following persons: (a) the child s mother and father together; (b) the child s mother, if the father is incapable or is unacknowledged by or unknown to the mother; or (c) the child s father, if the mother is incapable. (8) If one parent applies to amend the information respecting parental particulars on the statement without the other because the other parent is incapable, the parent applying to amend the statement shall attach to the application a statutory declaration asserting that the other parent is incapable. 1995, c.v-7.1, s.5.

6 6 c. V-7.1 VITAL STATISTICS, 1995 Surname of child 6(1) The surname of a child is to be registered as follows: (a) if only one parent completes the statement in the prescribed form, the surname is to be the one chosen by that parent; (b) if both parents complete the statement, the surname is to be a surname chosen by both of them; (c) if both parents complete the statement but do not agree on the child s surname, the surname is to be: (i) the parents surname, if they have the same surname; or (ii) a surname consisting of both parents surnames hyphenated in alphabetical order, if they have different surnames; (d) if a person who is not the child s parent completes the statement, the surname shall be: (i) the parents surname, if they have the same surname; (ii) a surname consisting of both parents surnames hyphenated in alphabetical order, if they have different surnames; or (iii) if only one parent is known, that parent s surname. (2) Notwithstanding subsection (1), no surname is to contain more than two surnames hyphenated or combined, and, if the mother and father or both have a hyphenated or combined surname, only one of the names in each of the parent s surnames is to be used. (3) For the purposes of subclauses (1)(c)(ii) and (d)(ii), if subsection (2) applies, the one name to be used is the name that alphabetically precedes the other. 1995, c.v-7.1, s.6. Additional information required by director 7(1) If the division registrar is not satisfied as to the truth and sufficiency of the statement submitted pursuant to section 5, the division registrar shall refer the matter to the director who, in order to obtain any necessary additional evidence, may: (a) require the attendance at his or her office of the person who signed the statement, or of any other person; and (b) examine that person respecting any matter pertaining to the registration of the birth. (2) The director, if satisfied as to the truth and sufficiency of the statement, shall register the birth by signing the statement. (3) On being signed by the director, the statement constitutes the registration of the birth. 1995, c.v-7.1, s.7.

7 7 VITAL STATISTICS, 1995 c. V-7.1 Continuing duty 8 If the statement in the prescribed form is not completed and delivered or mailed in the manner and within the time provided in section 5, every person on whom the duty of completing and delivering or mailing the statement is imposed remains liable to perform that duty, and is guilty of an offence with respect to each successive period of 30 days after that time during which he or she neglects or fails to complete and deliver or mail the statement. 1995, c.v-7.1, s.8. Registration of birth 9(1) On receipt, within one year from the day of a birth, of a statement in the prescribed form respecting the birth, the division registrar, if satisfied as to the truth and sufficiency of the statement, and subject to the other provisions of this section, shall register the birth by signing the statement. (2) On being signed by the division registrar, the statement constitutes the registration of the birth. (3) If the director is not satisfied as to the truth and sufficiency of the statement submitted pursuant to section 5 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: (b) (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 birth; (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 the director may refuse to register the birth. (4) If the director refuses, pursuant to clause (3)(b), to register a birth, the signing of a statement by the division registrar is deemed not to have been a registration of the birth and the birth is deemed not to have been registered. 1995, c.v-7.1, s.9; 2003, c.30, s.13. Late registration of birth 10(1) Where an application is made by a person to the director for the registration of a birth after the expiration of one year from the day of birth, accompanied by the prescribed fee, a statement in the prescribed form respecting the birth and any other prescribed evidence, the director, if satisfied as to the truth and sufficiency of the statement and the correctness and sufficiency of the supporting evidence, shall register the birth by signing the statement. (2) On being signed by the director, the statement constitutes the registration of the birth.

8 8 c. V-7.1 VITAL STATISTICS, 1995 (3) If the director is not satisfied as to the truth and sufficiency of the statement and supporting evidence submitted pursuant to subsection (1) 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: (b) (i) require the attendance at his or her office of the person who signed the statement and submitted the supporting evidence, or of any other person, and examine that person respecting any matter pertaining to the registration of the birth; (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 supporting evidence or as to whether the statement and supporting evidence were submitted in good faith; and the director may refuse to register the birth. 1995, c.v-7.1, s.10; 2003, c.30, s.14. Foundlings 11(1) Where a newborn child is found deserted, the person who finds the child, and any person in whose charge the child may be, shall give to the division registrar of the registration division in which the child is found, within seven days after the finding or taking charge of the child, any information the person possesses as to the particulars required to be registered concerning the birth of the child. (2) The division registrar, on receipt of the information regarding the birth of the child, and on being satisfied that every reasonable effort has been made, without success, to identify the child, shall: (a) require the person who found or has charge of the child: (i) to complete a statutory declaration concerning the facts of the finding of the child; and (ii) to complete, so far as the person is able, a statement in the prescribed form respecting the child; (b) cause the child to be examined by a duly qualified medical practitioner with a view to determining as nearly as possible the date of the birth of the child; (c) require the examiner to make a statutory declaration setting forth the facts as determined by the examination; and (d) make a detailed report of the case and transmit to the director the evidence regarding the birth of the child. (3) A duly qualified medical practitioner shall be paid the prescribed fee for an examination made pursuant to subsection (2) out of moneys appropriated by the Legislature for the purpose.

9 9 VITAL STATISTICS, 1995 c. V-7.1 (4) The director, on receipt of the report and the evidence mentioned in subsection (2), shall review the case and, if satisfied as to the correctness and sufficiency of the matters stated, shall register the birth by signing the statement in the prescribed form. (5) On being signed by the director, the statement constitutes the registration of the birth. (6) Subject to the other provisions of this section, registration pursuant to subsection (4) shall establish for the child: (a) a date of birth; (b) a place of birth; and (c) a surname and given name. (7) The director, after registering a birth pursuant to this section, shall promptly transmit to the Department of Community Resources and Employment a copy of all documents respecting the child filed pursuant to this section. (8) If, subsequent to the registration of a birth pursuant to this section, the identity of the child is established to the satisfaction of the director or further information respecting the birth is received by the director, he or she shall: (a) cancel, add to or correct the registration of the birth made pursuant to this section; and (b) where necessary, cause a new registration in accordance with the actual facts of the birth to be made and filed in substitution for the registration first made pursuant this section. (9) Where the director has acted pursuant to subsection (8), he or she shall make a notation of any cancellation on the registration first made, and no certificate shall subsequently be issued based on that registration. (10) Where a new registration of the birth of a child is made pursuant to subsection (8), the date of registration is that shown on the registration first made. (11) The director shall promptly notify the Department of Community Resources and Employment of any action taken pursuant to subsection (8). (12) Where a person has received a certificate issued with respect to the registration of the birth of a child made pursuant to subsection (4) and the registration is cancelled pursuant to subsection (8), the person shall deliver the certificate to the director for cancellation if the director so requires. 1995, c.v-7.1, s.11; 2004, c.66, s.8.

10 10 c. V-7.1 VITAL STATISTICS, 1995 Alteration or addition of given names by director 12(1) Except in a case to which section 26 applies, where the birth of a child has been registered and the given name under which the child was registered is changed, any of the following persons may deliver to the director an application setting forth the particulars of the change accompanied by a statutory declaration completed by the applicant and any further documentary evidence or information the director may require: (a) both parents; (b) the surviving parent; (c) the guardian of the child; (d) the person procuring the name to be changed; or (e) the child after he or she has attained the age of 18 years. (2) The director, if satisfied that the application is made in good faith, and on payment of the prescribed fee, shall make a notation of the change in the registration of the birth. (3) No alteration of or addition to a given name shall be made pursuant to this section in any registration of a birth unless the name of the child was changed or the name was given to the child within 14 years from the day of the birth. (4) No alteration of or addition to a given name shall be made in a registration of a birth, except as provided in this section. (5) A birth certificate issued after the making of a notation pursuant to this section is to be prepared as if the registration had been made containing the changed or new given name at the time of registration. 1995, c.v-7.1, s.12. 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.

11 11 VITAL STATISTICS, 1995 c. V-7.1 (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: (b) (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 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.15. REGISTRATION OF ADOPTIONS Registration of adoptions 14(1) On receipt of a certified copy of an order of adoption transmitted pursuant to The Adoption Act, 1998, the director shall register the adoption by signing the copy. (2) On being signed by the director, the copy constitutes the registration of the adoption. (3) Where, at the time of the registration of the adoption or at any subsequent time, there is in the office of the director a registration of the birth of the person adopted, the director, on production of evidence satisfactory to him or her of the identity of the person, shall make: (a) a notation of the adoption and of any consequential change of name on the registration of the birth; and (b) a notation of the registration of the birth on the registration of the adoption.

12 12 c. V-7.1 VITAL STATISTICS, 1995 (4) Where a person is adopted pursuant to an order, judgment or decree of adoption made by a court or other body of competent jurisdiction in another province, territory, state or country, the director, on receipt of a certified copy of the order, judgment or decree, and on production of evidence satisfactory to him or her of the identity of the person, shall, if there is in the office of the director a registration of the birth of that person: (a) register the adoption in the manner prescribed by subsection (1); and (b) make the notations required by subsection (3). (5) Where a person born outside of Saskatchewan is adopted pursuant to The Adoption Act, 1998, the director shall transmit a certified copy of the order of adoption to the person having charge of the registration of births in the province, territory, state or country in which the person was born. (6) Notwithstanding the provisions of this or any other Act, where the name of a child whose birth has been registered was, before January 1, 1951, changed by persons who adopted the child before May 1, 1922, and raised the child, whether or not by virtue of an adoption agreement, the director shall cause a notation of the adoption and of any resulting change of name to be made on the registration of the birth, on receipt of: (a) a statutory declaration by the foster parents or the survivor of them or, in the event of their decease, by some other person having knowledge of the facts, that the child was so adopted and raised; or (b) a copy of the adoption agreement. (7) Where a notation of adoption and of a resulting change of name has been made on a registration of birth, any subsequent birth certificate is to be issued as if the registration had been made in the name as changed, and any reference to the parents on the birth certificate is to be to the adoptive parents only. 1995, c.v-7.1, s.14; 2004, c.66, s.8. 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.

13 13 VITAL STATISTICS, 1995 c. V-7.1 (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. (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: (b) (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 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;

14 14 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;

15 15 VITAL STATISTICS, 1995 c. V-7.1 (b) if no relative mentioned in clause (a) is available, by a relative of the deceased residing or being within the registration division; (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;

16 16 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) (b) complete the statement in the prescribed form; and 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. (5) The director, if satisfied as to the truth and sufficiency of the statement, shall register the death by signing the statement.

17 17 VITAL STATISTICS, 1995 c. V-7.1 (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: (b) (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 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. (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;

18 18 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 statement and required evidence or as to whether the statement and required evidence were submitted in good faith; and 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. (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

19 19 VITAL STATISTICS, 1995 c. V-7.1 (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. (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.

20 20 c. V-7.1 VITAL STATISTICS, 1995 (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.

21 21 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

22 22 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.