In this Act 1982, c.3, s.78; 1983, c.94, s.1; 1985, c.41, s.9; 1986, c.8, s.130; 1986, c.84, s.1; 1987, c.63, s.1; 1993, c.27, s.1; 1996, c.24, s.1; 2000, c.26, s.280; 2006, c.16, s.179; 2007, c.32, s.3; 2011, c.37, s.14; 2015, c.44, s.112; 2016, c.37, s.194; 2017, c.13, s.2; 2023, c.17, s.275; 2024, c.28, s.63
“birth” means the complete expulsion or extraction from the mother, irrespective of the duration of the pregnancy, of a fetus in which, after the expulsion or extraction, there is breathing, beating of the heart, pulsation of the umbilical cord or unmistakable movement of voluntary muscle, whether or not the umbilical cord has been cut or the placenta attached;(naissance)
“certificate” means a certified extract of the prescribed particulars of a registration filed in the office of the Registrar General;(certificat)
“child” , unless the context otherwise indicates, means a person under 16 years of age; (enfant)
“court ” means The Court of King’s Bench of New Brunswick;(Cour)
“custody” , in relation to a person having custody of a child, includes custody shared with another person or persons;(garde)
“Deputy Registrar General” means a Deputy Registrar General of Vital Statistics appointed under subsection 2(1.1);(régistraire général adjoint)
“Director of Child Welfare” Repealed: 1982, c.3, s.78
“error” means any incorrect information and includes omissions of information;(erreur)
“family name” means a surname that does not contain more than one word which may occur alone as a surname;(nom patronymique)
“funeral director” means any person who takes charge of a dead body for the purpose of burial, cremation, transportation outside the Province or other disposition;(entrepreneur de pompes funèbres)
“judge” means a judge of The Court of King’s Bench of New Brunswick;(juge)
“married woman” includes a woman who, within the period of gestation prior to the birth of the child, in respect of whose birth an application for registration is made under this Act, was lawfully married;(femme mariée)
“Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council as being responsible for Service New Brunswick;(Ministre)
“Minister of Social Services” Repealed: 1986, c.8, s.130
“notation” means an addition to, or alteration of, a registration under this Act;(mention)
“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)
“parent” , unless otherwise specified, means (parent)
(a) the natural parent of a child except if the child has been legally adopted in which case it means the adoptive parent, and
(b) a person with whom a child ordinarily resides and who demonstrates a settled intention to treat the child as a child of the person’s family;
“personal service” , with respect to a document, means personal service as described in Rule 18 of the Rules of Court and “served personally” has a corresponding meaning;(signification à personne)
“prescribed” means prescribed by this Act or the regulations;(prescrit)
“Registrar General” means the Registrar General of Vital Statistics appointed under section 2 and includes the acting Registrar General, a Deputy Registrar General and any person designated by the Registrar General to act on behalf of the Registrar General;(régistraire général)
“sex designation” means the recorded sex of a person on the birth registration of the person;(désignation de sexe)
“stillbirth” means the complete expulsion or extraction from the mother of a fetus of at least five hundred grams in weight or at least twenty weeks gestation 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)
“unable” means unable because of death, illness, absence from the Province or otherwise.(empêchement)
Service New Brunswick is responsible for the administration of this Act. 2007, c.32, s.3; 2015, c.44, s.112
1991, c.15, s.1; 1996, c.24, s.2; 2007, c.32, s.3; 2011, c.37, s.15
Service New Brunswick shall appoint a Registrar General of Vital Statistics.
Service New Brunswick may appoint one or more Deputy Registrars General of Vital Statistics and may authorize a Deputy Registrar General to carry out any duties or exercise any powers that may be carried out or exercised by the Registrar General.
Where the Registrar General dies or retires or for any other reason is unable to act, Service New Brunswick may appoint a person as acting Registrar General to act as Registrar General until such time as a Registrar General is appointed or the Registrar General is able to act, and for such period of time the acting Registrar General has all the rights, duties, responsibilities, privileges and obligations of the Registrar General.
The Registrar General may designate persons within Service New Brunswick to act on his or her behalf.
The Registrar General shall perform such other duties as may be prescribed by the Minister.
1982, c.66, s.1; 2011, c.37, s.16
The Registrar General shall maintain a system of registration of births, stillbirths, marriages and deaths.
The Registrar General may arrange and index the original registration forms of births, stillbirths, marriages and deaths, including all the particulars communicated to the Registrar General with respect to those registrations.
2011, c.37, s.17
A registration form referred to in subsection 3(2) or any portion of it may be
(a) kept in paper form,
(b) kept in photographic film form,
(c) may be entered or recorded by any system of mechanical or electronic data processing or by any other information storage system that is capable of reproducing any required information in an accurate and intelligible paper form within a reasonable time, or
If a registration form or any portion of it is kept otherwise than in paper form, the Registrar General shall furnish copies or extracts required under this Act in an accurate and intelligible paper form.
A registration form or any portion of it that is kept in one form may be converted to any other form.
The Registrar General may destroy or otherwise dispose of a registration form or any portion of it kept in a form referred to in paragraph (1)(a) or (b) at any time after the form or portion of the form has been converted to a form referred to in paragraph (1)(c).
A registration form or any portion of a registration form kept in a form referred to in paragraph (1)(c) shall be deemed to be the original registration form or portion of the original registration form, even if the registration form or portion is kept simultaneously in a form referred to in paragraph (1)(a) or (b).
If the Registrar General keeps registrations of births, stillbirths, marriages and deaths in an electronic information storage system, any reference in this Act, any other Act or any regulation under this or any other Act to a register of births, stillbirths, marriages or deaths, to a special register of births or to any other index used in connection with the registration of births, stillbirths, marriages or deaths shall be deemed to include that electronic information storage system. 2011, c.37, s.17
Repealed: 1996, c.24, s.3 1983, c.94, s.2; 1996, c.24, s.3
The system of registration of births, stillbirths, marriages and deaths under this Act is the official system and no other system of registration of births, stillbirths, marriages or deaths shall be maintained or continued in the Province as an official system other than as authorized by this Act.
No births, stillbirths, marriages or deaths occurring outside the Province shall be registered, except as provided in section 19.
No person shall issue any document that purports to be a certificate of birth, stillbirth, marriage or death other than a certificate provided for under this Act.
1983, c.94, s.3; 1992, c.52, s.34; 1996, c.24, s.4; 2011, c.37, s.18
After the birth of a child in a hospital facility or other institution, the administrator or other similar official of the facility or institution shall complete and file, within the time prescribed by regulation, a birth registration form provided by the Registrar General for the purpose of registering the birth of the child with the Registrar General.
A birth registration form is not completed under subsection (1) unless both the father and the mother have signed the birth registration form.
Notwithstanding subsection (2), where the administrator or other like official referred to in subsection (1) is unable to secure the signatures of both the father and the mother, the administrator or official may forward the birth registration form to the Registrar General with the signature of either the father or the mother.
Notwithstanding subsections (2) and (3), where the administrator or other like official referred to in subsection (1) is unable to secure the signature of either the father or the mother under subsection (3), the administrator or official may forward the birth registration form to the Registrar General with such signature as the Registrar General considers appropriate.
In any other case, after the birth of a child, a birth registration form provided by the Registrar General shall be completed and filed within the time prescribed by regulation for the purpose of registering the birth of the child with the Registrar General
(a) by the father and the mother,
(b) by the mother, if the father is unknown, unwilling or unable,
(c) by the father, if the mother is unable,
(d) if the father is unknown, unwilling or unable and the mother is unable, by the persons standing in place of the parents, or
(e) if there is no father or mother or other person whose duty it is to register the birth, by the occupier of the dwelling in which the child was born, if the occupier has knowledge of the birth, or by a person, other than a medical practitioner, present at the birth.
Where more than one child is delivered during a single confinement, a separate birth registration form for each child shall be completed and filed with the Registrar General as provided in subsection (1) or (5) as the case may be, and in each form the number of children born during the confinement and the order of birth shall be given.
1985, c.41, s.9; 1987, c.63, s.2; 1988, c.47, s.1; 1993, c.27, s.2; 1996, c.25, s.5; 2011, c.37, s.19
The birth of a child shall not be registered showing as the surname of the child a name composed of more than two family names.
Where the birth of a child is to be registered showing as the surname of the child a name composed of two family names, the surname shall be registered with the family names arranged in the order jointly requested in writing on the birth registration form by the parents of the child.
If a child’s birth is to be registered showing as his or her surname a name composed of the surnames of his or her parents in combination under subsection 8(1.1) or (3.1) or 9(1.1), (2) or (4), and if one or more of the parents has a surname composed of two or more family names, the child’s surname shall consist of up to two of his or her parents’ family names in any combination.
Repealed: 2011, c.37, s.19
Notwithstanding any other provision of this Act, the birth of a child may be registered showing the surname of the child in its masculine or feminine form.
Notwithstanding any other provision of this Act but subject to the approval of the Registrar General, the birth of a child may be registered showing a name that is determined in accordance with the child’s cultural, ethnic or religious heritage.
2011, c.37, s.20; 2023, c.17, s.275
Any person affected by the Registrar General’s decision to refuse to register a birth under section 7.2 may appeal the decision to the court on a question of law.
An appeal shall be commenced by Notice of Application within 15 days after the appellant has received notice of the decision, but this period of time may be extended by a judge for the judicial district in which the appeal is to be heard, either before or after the expiration of the period, if the extension would not cause substantial prejudice to any of the persons referred to in subsection (4).
The commencement of an appeal does not operate as a stay of the decision appealed from.
The appellant shall serve the Notice of Application on the Registrar General and on all other persons with a substantial interest in the appeal in accordance with the rules respecting service of documents set out in the Rules of Court.
On being served with a Notice of Application, the Registrar General shall deliver to the clerk of the court a copy of the decision which is the subject of the appeal and certified copies of all documents in the possession of the Registrar General that relate to the decision.
On the hearing of an appeal, no evidence shall be admitted other than the documents referred to in subsection (5).
After hearing an appeal, the judge shall, by order,
(a) dismiss the appeal, or
(b) allow the appeal, set aside the decision of the Registrar General and substitute his or her own decision for that of the Registrar General.
To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply to an appeal commenced under this section.
1983, c.94, s.4; 1985, c.41, s.9; 1987, c.63, s.3; 1993, c.27, s.3; 1994, c.75, s.1; 1996, c.24, s.6; 2011, c.37, s.21
Except as otherwise provided in this section,
(a) where a married woman and her husband have the same surname, the birth of a child to the woman shall be registered showing
(i) the surname of the woman and her husband as the surname of the child,
(ii) the maiden surname of the woman as the surname of the child if the woman and her husband jointly so request on the birth registration form,
(iii) the maiden surname of the woman combined with the surname of her husband as the surname of the child if the woman and her husband jointly so request on the birth registration form, or
(iv) the birth surname of the husband if the woman and her husband jointly so request on the birth registration form, or
(b) where a married woman and her husband have different surnames and where the woman and her husband jointly so request on the birth registration form, the birth of a child to the woman shall be registered showing
(i) the surname of the woman combined with the surname of her husband as the surname of the child,
(ii) the surname of the woman as the surname of the child,
(iii) the surname of the husband as the surname of the child,
(iv) the maiden surname of the woman as the surname of the child,
(v) the maiden surname of the woman combined with the surname of her husband as the surname of the child, or
(vi) the birth surname of the husband as the surname of the child, or
(c) where a married woman has a surname and her husband has a name determined in accordance with his cultural, ethnic or religious heritage or where a married woman has a name determined in accordance with her cultural, ethnic or religious heritage and her husband has a surname, and where the woman and her husband jointly so request on the birth registration form, the birth of a child to the woman shall be registered showing
(i) the surname of the woman as the surname of the child,
(ii) the surname of the husband as the surname of the child,
(iii) the maiden surname of the woman as the surname of the child, or
(iv) the birth surname of the husband as the surname of the child.
If the parents of a child fail to jointly request the order in which family names are to be arranged in accordance with subsection 7.1(2) within the time prescribed by regulation, the Registrar General may register the birth of the child with the family names arranged in alphabetical order.
If a parent with a surname composed of two or more family names fails to select a family name as required under subsection 7.1(3) within the time prescribed by regulation, the Registrar General may register the birth of the child using the family name that appears first in the parent’s surname as a component of the child’s surname.
Repealed: 1985, c.41, s.9
Subject to subsection (3.1), where a married woman to whom a child is born files with the Registrar General a statutory declaration in a form provided by the Registrar General that at the time of conception she was living separate and apart from her husband and that her husband is not the father of the child, no particulars as to the husband shall be registered, and the birth shall be registered showing the surname of the married woman or her maiden surname, as she requests in writing on a form provided by the Registrar General, as the surname of the child.
Where a married woman files the statutory declaration referred to in subsection (3) and the woman and the father of the child jointly so request in a statutory declaration on a form provided by the Registrar General, the particulars of the father shall be registered, and the birth shall be registered showing, in accordance with the request,
(a) the surname or maiden surname of the mother as the surname of the child,
(b) the surname or birth surname of the father as the surname of the child, or
(c) the surname or maiden surname of the mother combined with the surname of the father as the surname of the child.
Where a married woman has made a statutory declaration under subsection (3) before the registration of birth of the child but the joint request under subsection (3.1) is made after the registration of birth, the Registrar General may amend the registration in accordance with the request by making the necessary notation thereon.
Repealed: 2011, c.37, s.21
Repealed: 2011, c.37, s.21
1983, c.94, s.5; 1985, c.41, s.9; 1987, c.63, s.4; 1993, c.27, s.4; 1994, c.75, s.2; 1996, c.24, s.7
Except as provided in this section, the birth of a child to an unmarried mother shall be registered showing the surname or maiden surname of the mother, as requested by the mother as the surname of the child.
Where an unmarried mother and the father of the child both sign the birth registration form, the particulars of the father shall be registered and, where the mother and the father jointly so request on the birth registration form, the birth shall be registered showing, in accordance with the request,
(a) the surname of the mother as the surname of the child,
(b) the surname of the father as the surname of the child,
(c) the surname of the mother combined with the surname of the father as the surname of the child,
(d) the maiden surname of the mother as the surname of the child,
(d.1) the birth surname of the father as the surname of the child, or
(e) the maiden surname of the mother combined with the surname of the father as the surname of the child.
In any case where
(a) the birth of a child to an unmarried mother has been registered and the particulars of the father were not registered because he did not sign the birth registration form, and
(b) the mother and the father of the child jointly so request in a statutory declaration on a form provided by the Registrar General,
(c) the surname of the mother as the surname of the child,
(d) the surname of the father as the surname of the child,
(e) the surname of the mother combined with the surname of the father as the surname of the child,
(f) the maiden surname of the mother as the surname of the child,
(f.1) the birth surname of the father as the surname of the child, or
(g) the maiden surname of the mother combined with the surname of the father as the surname of the child,
Repealed: 1987, c.63, s.4
Repealed: 1985, c.41, s.9
Where a declaratory order or judgment is made by a judge of any court of competent jurisdiction with respect to the paternity of a child, the birth of the child may be registered in
(a) the surname of the mother,
(b) the surname of the father,
(c) a surname composed of the combined surnames of the mother and father,
(d) the maiden surname of the mother,
(d.1) the birth surname of the father, or
(e) the maiden surname of the mother combined with the surname of the father,
Where a child is born to an unmarried mother and the registration of birth of the child states the name and particulars of the father, the name and particulars of the father shall be considered as if they did not exist unless the father and the mother have signed the birth registration form or unless a request has been made under subsection (1.1) or (2).
1985, c.41, s.9; 1986, c.25, s.2; 1987, c.63, s.5; 2011, c.37, s.22
For the purposes of sections 7, 7.1, 7.2 and 8 and subsections 9(1), 9(1.1) and 9(2), where the Registrar General is satisfied that the surnames of the parents are not accurately shown on a form submitted in connection with the registration of the birth of a child, the Registrar General shall determine the accurate surnames of the parents and may use these surnames in recording the surname to be shown as the surname of the child.
In making the determination referred to in subsection (1), the Registrar General may consider any evidence that he considers relevant to the determination.
Where the birth of a child is registered in the surname of the father, either alone or in combination with another surname under subsection 8(1.1), 8(3.1), 8(4), 9(1.1), 9(2) or 9(4), no rights, privileges, powers, liabilities or obligations that are not otherwise vested in or imposed upon the father or child shall be deemed to be vested in or imposed upon the father or child by virtue of such registration. 1982, c.3, s.78; 1983, c.94, s.7; 1985, c.41, s.9; 1987, c.63, s.6; 1993, c.27, s.5; 2011, c.37, s.23
1992, c.52, s.34; 1996, c.24, s.8; 2011, c.37, s.24
Every medical practitioner who attends at the birth of a child within the Province shall give notice of the birth.
Where no medical practitioner is in attendance at the birth, a person in attendance or the administrator or like official of the hospital facility or other institution shall give the notice of birth.
The notice of birth shall be on a form provided by the Registrar General and shall be given by delivering or mailing the notice to the Registrar General within the time prescribed by regulation.
The Registrar General shall preserve the notice so given until such time as the registration of the birth has been completed.
Upon the receipt of a birth registration form within one year from the day of the birth, the birth may be registered if the Registrar General is satisfied as to the truth and sufficiency thereof.
1982, c.66, s.2; 1983, c.94, s.8; 1996, c.24, s.9
If the birth of a child has not been registered within one year from the day of the birth, application for the delayed registration of the birth may be made to the Registrar General by the person whose birth has not been registered or by any other person.
The application shall be on a form provided by the Registrar General which form shall
(a) contain a statutory declaration to be completed by the applicant providing evidence of the birth,
(b) be accompanied by such other evidence as may be prescribed by the regulations, and
(c) be accompanied by the prescribed fee.
The Registrar General shall register the birth if he is satisfied as to the truth and sufficiency of the application.
Repealed: 2011, c.37, s.25 1983, c.94, s.9; 1993, c.27, s.6; 1996, c.24, s.10; 2011, c.37, s.25
1982, c.3, s.78; 1986, c.8, s.130; 1987, c.63, s.7; 2011, c.37, s.26; 2017, c.42, s.92
If a newborn child is found deserted, the person who finds the child, or any person in whose charge the child may be, shall, within the time prescribed by regulation, give any information he or she possesses concerning the birth and particulars of the child to the Registrar General.
The Registrar General, upon receipt of such information regarding the birth of the child, and upon being satisfied that every reasonable effort has been made to identify the child without success, shall
(a) require the person who found or has charge of the child to complete a statutory declaration concerning the facts of the finding of the child,
(b) require the person to complete and file a birth registration form, so far as the person is able, and
(c) cause the child to be examined by the local medical officer of health or a medical practitioner with a view to determining as nearly as possible the date of the birth of the child, and require the examiner to make a statutory declaration setting forth the facts as determined by the examination.
The Registrar General, upon receipt of the evidence referred to in subsection (2), shall review the case, and upon being satisfied as to the truth and sufficiency of the facts stated, shall register the birth, and for the purposes of registration shall establish for the child a date of birth, a place of birth and a surname and given name.
If, subsequent to the registration of a birth under this section, the identity of the child is established to the satisfaction of the Registrar General or further information with respect thereto is received by him, he shall
(a) cancel, add to or correct the registration of the birth made under this section, and
(b) where necessary, cause a new registration form in accordance with the actual facts of the birth to be registered in substitution for the registration made under this section,
Where a new registration of the birth of a child is made under subsection (5), the date of registration shall be as shown on the registration first made.
The Registrar General shall notify the Minister forthwith of any action taken under subsection (5).
Repealed: 1987, c.C-2.001, s.19 1987, c.C-2.001, s.19
1985, c.41, s.9; 1987, c.63, s.8; 1996, c.24, s.11; 2011, c.37, s.27
When a stillbirth occurs, the person who would have been responsible for filing and completing the registration form as provided in section 7, if it had been a birth, shall, within the time prescribed by regulation, give notice to the Registrar General on a registration of stillbirth form provided by the Registrar General.
1993, c.27, s.7; 1996, c.24, s.12; 2011, c.37, s.28
If a birth or death occurs on a vessel underway and the vessel’s first port of call after the birth or death is in the Province, the Registrar General may register the birth or death if he or she is satisfied as to the truth and sufficiency of the particulars received in respect of the birth or death.
If a birth or death occurs on an aircraft in flight and the aircraft’s first place of landing after the birth or death is in the Province, the Registrar General may register the birth or death if he or she is satisfied as to the truth and sufficiency of the particulars received in respect of the birth or death.
If the crew of a vessel recovers a body in the water and the vessel’s first port of call after the recovery is in the Province, the Registrar General may register the death if he or she is satisfied as to the truth and sufficiency of the particulars received in respect of the death.
When a child has been adopted under the existing laws of the Province, the proper officer of the court shall transmit a certified copy of the adoption order to the Registrar General within the time prescribed by regulation. 2011, c.37, s.29
If the child was born outside the Province the Registrar General shall at such time as the Registrar General considers appropriate cause such certified copy of the adoption order to be transmitted to the person charged with the registration of vital statistics for the province or other registration area in which such child was born. 1993, c.27, s.8
1982, c.66, s.3; 1996, c.24, s.13
Where, at the time of receiving the certified copy of the adoption order, or any time thereafter, there is in the office of the Registrar General a registration of the birth of the person adopted, the Registrar General, upon production of evidence satisfactory to him of the identity of the person, shall cause the substitution of a new registration of birth in accordance with the facts contained in the order of adoption and subject to the terms of such order, showing the adopted person
(a) on the date of birth recorded in the original registration, and
(b) at the place of birth recorded therein,
Where a certified copy of an adoption order of the child is received and the child was born in a country from which a certificate of birth is not available, the Registrar General shall retain the certified copy of the adoption order and, upon request, may issue a statement respecting the particulars of the child contained in the order, but neither the certificate or statement shall constitute the original registration of birth.
Where a person is adopted pursuant to an order, judgment or decree of adoption made by a court of competent jurisdiction in another jurisdiction, the Registrar General,
(a) upon receipt of a certified copy of the order, judgment or decree, and
(b) upon production of evidence satisfactory to him of the identity of the person,
Upon receipt of an application that establishes to the satisfaction of the Registrar General 1987, c.63, s.9
(a) the identity of the applicant, and
(b) the fact that the applicant belongs to a prescribed class of persons who had been placed for adoption but whose adoptions were not perfected at law,
(c) in accordance with the facts ascertained by the Registrar General, substitute a new birth registration that shows the applicant, on the date of birth and at the place of birth recorded in the original birth registration, as having been born to the person or persons with whom he was placed, and
(d) withdraw the original birth registration from the registration files.
1983, c.94, s.10; 1987, c.63, s.10; 1988, c.4, s.3; 1996, c.24, s.14; 2011, c.37, s.30; 2017, c.14, s.5; 2019, c.2, s.145; 2023, c.17, s.275; 2023, c.36, s.35
The Registrar General shall maintain a special register in which shall be kept
(b) the copies of all orders, judgments and decrees received by the Registrar General for the purposes of section 22.
Despite section 7 of the Right to Information and Protection of Privacy Act and subject to this Act, the Registrar General is not required to grant access to or disclose any entry or information or documents contained in the special register to any person, including the person to whom a registration, order, judgment or decree applies.
The Registrar General may have a search made of the registrations in his office at the request of an issuer of marriage licences, or of a person authorized to perform marriages under the Marriage Act, to determine whether the parties are within the forbidden degrees of consanguinity, where one of the parties is adopted.
Except as authorized by this section, the special register and any entry or information or documents contained therein shall not be made public or disclosed to any person except upon the order of a judge or the Attorney General.
A statement of original registration of birth issued by the Registrar General under this section in respect of an original registration of birth kept in the special register under subsection (1) shall contain at least the following particulars of the registration:
(a) the name of the person;
(b) the date of birth of the person;
(c) the place of birth of the person;
(d) the date of registration;
(e) the registration number;
(f) the names of the birth parents of the person; and
(g) any other information prescribed by regulation.
The Minister of Social Development may require that the Registrar General issue a statement of original registration of birth and a copy of an order, judgment or decree kept in the special register under subsection (1) to a person named by the Minister of Social Development.
The Registrar General may disclose information relating to an adoption to the Minister of Social Development for the purposes of Part 7 of the Child and Youth Well-Being Act.
Where a child born in the Province is adopted pursuant to the laws of the Province or of another jurisdiction and a new registration has been made pursuant to section 22, any certificate of birth of that child subsequently issued by the Registrar General 1982, c.3, s.78; 1982, c.66, s.4; 1987, c.6, s.117; 2007, c.21, s.7; 2023, c.36, s.35
(a) shall be in accordance with the new registration, and
(b) in any case where parentage is shown, shall indicate the legal parents in accordance with Part 6 of the Child and Youth Well-Being Act or section 42 of the Intercountry Adoption Act,
In any case where the birth of a child has been re-registered the date and place of the birth and the date of re-registration shall be that of the actual event.
1996, c.24, s.15; 2011, c.37, s.31; 2013, c.24, s.1
Every person authorized to solemnize marriage in the Province shall, immediately after the person solemnizes a marriage, prepare a registration of marriage form provided by the Registrar General respecting the marriage, and the form shall be signed by
(a) each of the parties of the marriage,
(b) at least two credible witnesses to the marriage, and
(c) the person by whom the marriage was solemnized.
The person by whom the marriage was solemnized shall, within the time prescribed by regulation, deliver or mail the completed registration of marriage form to the Registrar General.
No person by whom a marriage was solemnized shall deliver or mail a completed registration of marriage form under subsection (2) that he or she knows or ought to know contains false or misleading information.
Upon receipt within one year from the date of a marriage of a completed registration of marriage form respecting the marriage, the Registrar General, if he is satisfied as to the truth and sufficiency thereof, shall register the marriage.
When a marriage is not registered within one year from the date of the marriage, if an application thereof is made by any person to the Registrar General, verified by a statutory declaration and accompanied by the prescribed fee and by a completed registration of marriage form provided by the Registrar General respecting the marriage or such other evidence as may be prescribed, the Registrar General, if he is 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. 1996, c.24, s.16
1985, c.71, s.1; 1993, c.27, s.9; 1996, c.24, s.17; 2011, c.37, s.32; 2016, c.50, s.1; 2017, c.42, s.92
Where a person dies in the Province, the particulars necessary to complete the death registration form provided by the Registrar General shall, upon request, be provided 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) by any other relative or adult person having knowledge of the facts, or
(c) by the occupier of the dwelling in which the person died.
The medical practitioner or nurse practitioner who was last in attendance during the last illness of the deceased person or the coroner who conducts an investigation or inquest into the death of a person shall, forthwith after the death, investigation or inquest, as the case may be, complete and sign the medical certificate of cause of death portion of the death registration form and shall deliver the form to the funeral director.
After taking charge of a dead body, every funeral director shall, within the time prescribed by regulation,
(a) obtain the death registration form referred to in subsection (2),
(b) obtain all other particulars necessary to complete the death registration form,
(c) complete and sign the death registration form, and
(d) deliver the completed death registration form to the Registrar General.
When circumstances are such that the Registrar General cannot obtain a completed medical certificate of cause of death portion of a death registration form pursuant to subsection (2), the Registrar General shall notify a medical officer of health, coroner or a medical practitioner or nurse practitioner designated by the medical officer of health who shall inquire into the facts and complete the portion.
1996, c.24, s.18; 2007, c.32, s.3; 2011, c.37, s.33; 2017, c.42, s.92
No person shall cremate, bury, remove or otherwise dispose of the body, except as authorized by subsection (2), of a person who dies in the Province until a burial permit has been issued by the Registrar General after cause of death has been determined to his satisfaction.
The Registrar General may designate an appropriate employee of a regional health authority or a coroner to act on his or her behalf for the purpose of issuing a burial permit under subsection (1).
Unless a coroner or a medical officer of health has been notified of the death, when a person dies in the Province, burial may take place within the Province without a permit, but the funeral director shall, within the time prescribed by regulation, file a notice of burial with the Registrar General on a form provided by the Registrar General.
1996, c.24, s.19; 2011, c.37, s.34
If there is reason to believe that a person has died under any of the circumstances set out in section 4 of the Coroners Act, no acknowledgement of registration of death and no burial permit shall be issued unless
(a) the body has been examined by a coroner or the coroner has made inquiry into the circumstances of the death or held an inquest as provided by the Coroners Act,
(b) the coroner has signed the medical certificate of cause of death portion of the death registration form, and
(c) the other provisions of this Act regarding the registration of the death have been complied with.
If a person has died under any of the circumstances mentioned in section 4 of the Coroners Act and it is impractical for the coroner to complete the medical certificate of cause of death portion of the death registration form, the coroner may issue a warrant to bury when the coroner has examined the body in accordance with the Coroners Act, and the Registrar General shall issue a burial permit on the delivery to the Registrar General of the warrant to bury, and the coroner shall complete the medical certificate of cause of death portion of the death registration form and deliver or mail the form to the Registrar General within the time prescribed by regulation.
Repealed: 1996, c.24, s.20 1996, c.24, s.20
1987, c.C-2.001, s.19; 1994, c.77, s.13; 2011, c.37, s.35
Where the name of a person is changed by or under an Act of the Legislature or by the laws of another jurisdiction, the Registrar General, on production to him of proof of the change and evidence satisfactory to him as to the identity of the person,
(a) if the birth or marriage of the person is registered in the Province, shall cause a notation of the change to be made on the registration thereof, and
(b) if the change was made by or under an Act of the Legislature and the person was born or married outside the Province, shall transmit to the officer in charge of the registration of births and marriages in the province in which the person was born or married a copy of the proof of the change of name produced to the Registrar General.
Every birth or marriage certificate issued after the making of a notation under this section shall be issued as if the registration had been made in the name as changed.
Repealed: 2011, c.37, s.35
Where the name or a given name of a person is changed by or under this Act or any other Act of the Legislature or by the laws of another jurisdiction, that person shall return to the Registrar General all certificates, photographic prints or other documents issued by the Registrar General in the original name or given name when a certificate is issued with the change of name or given name effected. 1983, c.94, s.11
1983, c.94, s.12; 1996, c.24, s.21; 2008, c.45, s.41; 2017, c.13, s.2
A person may apply to the Registrar General under this section to change the sex designation of the person if the person
(a) is 16 years of age or older, and
(b) was born in the Province or has been ordinarily resident in the Province for at least three months immediately before the date of the application.
An application under this section shall be submitted to the Registrar General on a form provided by the Registrar General and shall include
(a) a written statement made by the applicant that the requested sex designation is consistent with the gender with which the applicant identifies and the applicant is currently living in a manner consistent with the requested sex designation and intends to continue to do so,
(b) a written statement from a health professional prescribed by regulation who has treated, evaluated or consulted with the applicant that confirms that the sex designation of the applicant is inconsistent with the gender with which the applicant identifies and, as a result, the sex designation of the applicant should be changed, and
(c) any other document or other evidence that is prescribed or that is required by the Registrar General.
Instead of conforming to the requirement of paragraph (2)(b), an application may include a certificate signed by a medical practitioner legally qualified to practise medicine in the jurisdiction in which gender confirming surgery was performed on the applicant
(a) explaining the surgical procedures carried out, and
(b) certifying that
(i) the medical practitioner performed gender confirming surgery on the applicant, and
(ii) as a result of the gender confirming surgery, the sex designation of the applicant should be changed.
The Registrar General may waive or modify a requirement under this section, on application in the form required by the Registrar General, if satisfied that it would be in the applicant’s best interest.
2017, c.13, s.2
A parent may apply to the Registrar General under this section to change the sex designation of a child of whom the parent has lawful custody if the child was born in the Province or the child and parent have been ordinarily resident in the Province for at least three months immediately before the date of the application.
The Registrar General may consider an application under this section with respect to a child who was not born in the Province and who has not been ordinarily resident in the Province for at least three months immediately before the date of the application if, in the opinion of the Registrar General, the child
(a) has a substantial connection with the Province, and
(b) would suffer a hardship if the Registrar General refused to consider the application.
An application under this section shall be submitted to the Registrar General on a form provided by the Registrar General and shall include
(a) if the child is 12 years of age or older,
(i) a written statement made by the child that the requested sex designation is consistent with the gender with which the child identifies and the child is currently living in a manner consistent with the requested sex designation and intends to continue to do so, and
(ii) the written consent of the child, on a form provided by the Registrar General, and witnessed by a person authorized to solemnize marriages under the Marriage Act or a health professional prescribed by regulation,
(b) a written statement from a health professional prescribed by regulation who has treated, evaluated or consulted with the child that confirms that the sex designation of the child is inconsistent with the gender with which the child identifies, that the child has the capacity to understand the nature and consequences of the requested change and, as a result, that the sex designation of the child should be changed,
(c) the written consent of the applicant on a form provided by the Registrar General,
(d) the written consent of all other parents of the child on a form provided by the Registrar General or, if there are no other parents of the child, confirmation that there are no legal proceedings ongoing in relation to the parentage or custody of the child, and
(e) any other document or other evidence that is prescribed or that is required by the Registrar General.
Despite subsection (3), the Registrar General may consider an application under this section if an applicant does not fulfil the requirement in paragraph (3)(d), but the applicant provides documentation satisfactory to the Registrar General that
(a) the applicant notified all other parents of the child of the application and of the parents’ right to object to the change in the sex designation of the child, and
(b) the applicant has provided an affidavit of service showing that a written consent form has been served personally on all other parents of the child or provided documentation showing that a consent form was sent to the other parents by registered mail and that the other parents received the consent form.
The Registrar General shall not proceed with an application under this section if
(a) subparagraph (3)(a)(ii) applies and the applicant is unable to provide the required written consent of the child 12 years of age or over,
(b) the applicant did not notify all parents of the child who are required to be notified under subsection (4), or
(c) the Registrar General believes that it is in the best interests of the child not to proceed.
If the Registrar General does not proceed with an application in accordance with subsection (5), the Registrar General shall give, within 30 days after receipt of the application, the applicant written notice
(a) that the Registrar General is unable to proceed with the application, together with a brief explanation, and
(b) that the applicant may proceed by applying under section 34.5 within 90 days after receipt of the notice to a judge in the judicial district in which the child resides.
Despite subsections (3) to (5), an applicant may make an application to the court to dispense with the consent of a parent required under this section and a judge of that court, having regard to the best interests of the child, may dispense with the required consent and the Registrar General shall comply with the decision of the judge.
If a child has sought the consent of a parent required under this section and that parent objects to the change in sex designation and has refused to consent, the child may apply to the court for an order respecting the change of sex designation and the Registrar General shall comply with that order.
2017, c.13, s.2
A person who has been notified by an applicant of an application to change the sex designation of a child may object to the application in writing to the Registrar General within 30 days after the date of service or date of reception of the notice, as the case may be.
A person who establishes to the satisfaction of the Registrar General a substantial interest in an application to change the sex designation of a child may object to the application in writing to the Registrar General within 14 days after the day on which the application was received by the Registrar General.
On receipt of an objection that does not establish a prima facie case against the granting of the application under section 34.3, the Registrar General shall dismiss the objection and immediately, by registered mail, give written notice of the dismissal to the objector.
On receipt of an objection that establishes a prima facie case against the granting of the application under section 34.3, the Registrar General shall immediately cause a copy of the objection to be served personally on the applicant.
Within 14 days after receipt of the copy of an objection under subsection (4), the applicant shall cause a written reply to the objection to be served personally on the Registrar General.
The Registrar General shall issue a decision on the granting of an application
(a) within 30 days after the receipt of a reply under subsection (5), or
(b) if there is no reply under subsection (5), after the expiration of the 14-day period referred to in subsection (5).
The time limits set out in subsection (6) in respect of the issuance of a decision by the Registrar General may be extended by the Registrar General with the consent of the applicant.
This section does not apply to an application after the Registrar General has notified the applicant under subsection 34.1(6).
The Registrar General shall not grant an application to change the sex designation of a person under section 34 or 34.1 unless the Registrar General is satisfied that this Act and the regulations have been complied with and that the person has not requested frequent changes in his or her sex designation. 2017, c.13, s.2
2017, c.13, s.2
(a) if the person was born in the Province,
(i) register the change of sex designation by making a notation on the birth registration of the person so that the sex designation corresponds to the requested change,
(ii) make a notation on the person’s registration of marriage, if any, so that the indication of the person’s sex on the registration corresponds to the requested change, if the person was married in the Province, and
(iii) issue a birth certificate to the person, or
(b) if the person was born outside the Province,
(i) issue a change of sex designation certificate to the person,
(ii) notify the person responsible for the registration of births in the jurisdiction in which the person was born of the change of sex designation of the person, and
(iii) make a notation on the person’s registration of marriage, if any, so that the indication of the person’s sex on the registration corresponds to the requested change, if the person was married in the Province.
A change in the sex designation of a person born in the Province made under this Act is not valid until it is registered by the Registrar General under subparagraph (1)(a)(i).
Every birth certificate or marriage certificate issued after the making of a notation referred to in paragraph (1)(a) shall be issued as if the registration had been made with the sex designation as changed.
A person who is in possession or control of a certificate of birth of a person before a notation referred to under subparagraph (1)(a)(i) has been made shall return it to the Registrar General immediately for cancellation.
If an application to change the sex designation of a person is refused, the Registrar General shall immediately give, by registered mail, written notice of the refusal to the applicant and to all objectors, together with a brief statement of the reasons for refusing the application.
A person who was born in the Province and whose sex designation was changed while ordinarily resident outside of the Province in accordance with the laws of another jurisdiction in which the person was resident shall be entitled, on production of satisfactory proof of the change in the sex designation and the identity of the person, to the identical change in the sex designation on the birth registration of the person in the records kept under this Act.
2017, c.13, s.2
Within 90 days after receiving notice from the Registrar General under subsection 34.1(6) that the Registrar General is unable to proceed with an application, an applicant may apply by Notice of Application to the appropriate judge referred to in that subsection for the identical change of sex designation requested in the application.
If making an application to a judge under subsection (1), the applicant shall cause the Notice of Application to be served personally on the Registrar General and on all parties to the application.
On being served with a Notice of Application, the Registrar General shall deliver to the clerk of the court all documents in the possession of the Registrar General that relate to the application.
The parties to an application are
(a) the applicant,
(b) all objectors,
(c) if the subject of the application is a change in the sex designation of a child who is 12 years of age or older, the child, and
(d) all other persons who are found by the judge to have a substantial interest in the application.
The judge shall determine whether all parties to the application have been served with the Notice of Application and if, in the judge’s opinion, they have not, the judge shall
(a) order the Notice of Application to be served on those persons that the judge directs and adjourn the proceedings to allow those persons to be given adequate notice of the application, or
(b) order that service of the Notice of Application be effected by substituted service in the manner specified by the judge or that service be dispensed with.
In hearing an application, the judge
(a) shall consider the documents referred to in subsection (3), which shall be included in the record before the judge,
(b) may admit any oral or written evidence that is relevant, even if it would not be admissible under the rules applying to trials in the court,
(c) shall give all parties full opportunity to present evidence and make representations, personally or by counsel or agent,
(d) may examine or cross-examine any party or permit any party to be examined or cross-examined, and
(e) may order that the consent of any person required under this Act be dispensed with.
The judge shall not issue an order granting an application for a change in the sex designation of a child unless the judge is satisfied that this Act and the regulations have been complied with and that the applicant has not requested frequent changes in the sex designation of the child.
On the judge issuing an order in respect of an application for a change in the sex designation of a child, the clerk of the court shall
(a) enter the order as a judgment of the court,
(b) send a certified copy of the order by registered mail to the Registrar General and to each of the parties to the application, and
(c) return the documents referred to in subsection (3) to the Registrar General.
Subject to subsection (10) and to the extent that they are not inconsistent with this section, Rules 38 and 39 of the Rules of Court apply to an application made under this section.
Rules 38.06, 38.06.1 and 38.09 do not apply to an application made under this section.
The Registrar General shall file a copy of an order received under paragraph (8)(b) in the office of the Registrar General and
(a) if the order grants the application for a change in the sex designation, the Registrar General shall immediately follow all other applicable procedures set out in section 34.4, or
(b) if the order refuses the application for a change in the sex designation, the Registrar General shall follow the procedure set out in subsection 34.4(5).
On written application by any person and 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 such other evidence satisfactory to the Registrar General as may be adduced by any person interested, the Registrar General, if he is satisfied that a registration was fraudulently or improperly made, may order that a notation be made on the registration to that effect and order that every certificate issued in respect of that registration be delivered to him for cancellation.
Where a notation has been made under subsection (1), no certificate shall be issued thereafter in respect of the registration.
On written application by any person and 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 such other evidence satisfactory to the Registrar General as may be adduced by any person interested, the Registrar General, if he is satisfied that a certificate was obtained or is being used for fraudulent or improper purposes, may make an order requiring the delivery to him of that certificate.
A person who has in his possession or under his control a certificate on which an order has been made under section 35 shall, forthwith upon receipt of the order, deliver the certificate to the Registrar General, who shall preserve it on a permanent file together with the order and all documents relating thereto.
1983, c.94, s.13; 1993, c.27, s.10
Whenever it appears to the satisfaction of the Registrar General that an error has occurred in the registration of a stillbirth, birth, marriage or death, he shall make the necessary correction in the registration of such stillbirth, birth, marriage or death, date and initial it without obliteration of the original entry and the Registrar General may require any person whose duty it is to furnish information for the proper registration of a birth, marriage or death to furnish such further information as may be considered necessary to make the record complete and satisfactory.
If, after the correction of an error, application is made for a certificate, the certificate shall be prepared as if the registration had been made containing the correct particulars at the time of registration.
1993, c.27, s.11
A person whose surname is composed of two family names joined by a hyphen may make an application to the Registrar General to remove the hyphen.
The Registrar General shall cause a notation of the change referred to in subsection (1) and every birth or marriage certificate issued after the making of a notation under this section shall be issued as if the registration had been made in the name as changed.
1996, c.24, s.22
Any person, upon application, who furnishes information satisfactory to the Registrar General, and who pays the prescribed fee, may, if the Registrar General is satisfied that the information is not to be used for an unlawful or improper purpose, have a search made for the registration in the office of the Registrar General of any birth, stillbirth, marriage or death.
The Registrar General shall make a report on the search stating whether or not the birth, stillbirth, marriage or death is registered and, if registered, the report may contain such other information as the Registrar General considers appropriate.
2011, c.37, s.36; 2017, c.14, s.5
In this section, an original birth registration form may include all or part of the form but does not include an original birth registration form kept in the special register under subsection 24(1).
Despite section 7 of the Right to Information and Protection of Privacy Act and subject to this Act, the Registrar General is not required to grant access to an original birth registration form registered under this Act to any person, including the person to whom the registration applies.
The Registrar General may grant access to an original birth registration form referred to in subsection (2) to the person to whom the registration applies if
(a) the Registrar General is satisfied that the access is not requested for an unlawful or improper purpose, and
(b) the Registrar General believes that refusing to provide access would cause the applicant undue hardship.
1996, c.24, s.23; 2011, c.37, s.37; 2012, c.48, s.1; 2017, c.13, s.2; 2023, c.17, s.275
A certificate issued by the Registrar General under this section in respect of the registration of birth of a person shall contain at least the following particulars of the registration:
(a) the name of the person;
(b) the date of birth;
(c) the place of birth;
(d) Repealed: 2017, c.13, s.2
(e) the date of registration;
(f) the registration number; and
(g) any other particulars prescribed by regulation.
The Registrar General shall issue to an applicant a certificate of birth registration that contains the particulars listed in subsection (1) if
(a) the Registrar General is satisfied that the certificate is not to be used for an unlawful or improper purpose,
(b) the applicant is a person or of a class of persons prescribed by regulation as eligible to apply for the certificate and he or she provides any additional information requested by the Registrar General to establish this fact, and
(c) the applicant pays the fee prescribed by regulation.
The Registrar General may issue a certificate of birth registration that contains the particulars listed in subsection (1) to an applicant who is not a person or of a class of persons prescribed by regulation as eligible to apply for the certificate if
(a) the Registrar General is satisfied that the certificate is not to be used for an unlawful or improper purpose,
(b) the Registrar General believes that refusing to issue the certificate would cause undue hardship to
(i) the person to whom the certificate applies, or
(ii) the applicant, and
(c) the applicant pays the fee prescribed by regulation.
A certificate issued by the Registrar General under this section in respect of the registration of a marriage shall contain at least the following particulars of the registration:
(a) the names of the parties to the marriage;
(b) the date of the marriage;
(c) the place at which the marriage was solemnized;
(d) the date of registration; and
(e) the registration number.
The Registrar General shall issue to an applicant a certificate of marriage registration that contains the particulars listed in subsection (3) if
(a) the Registrar General is satisfied that the certificate is not to be used for an unlawful or improper purpose,
(b) the applicant is a person or of a class of persons prescribed by regulation as eligible to apply for the certificate and he or she provides any additional information requested by the Registrar General to establish this fact, and
(c) the applicant pays the fee prescribed by regulation.
The Registrar General may issue a certificate of marriage registration that contains the particulars listed in subsection (3) to an applicant who is not a person or of a class of persons prescribed by regulation as eligible to apply for the certificate if
(a) the Registrar General is satisfied that the certificate is not to be used for an unlawful or improper purpose,
(b) the Registrar General believes that refusing to issue the certificate would cause undue hardship to
(i) a party to the marriage, or
(ii) the applicant, and
(c) the applicant pays the fee prescribed by regulation.
A photographic print of the registration of a marriage may be issued only
(a) to a party to the marriage,
(b) to a person acting on the written authority of a party to the marriage, or
(c) to a person upon the authority of the Registrar General if the Registrar General is satisfied that it is not possible or practicable to obtain the authority of a party to the marriage and the Registrar General is satisfied that the print is not to be used for an unlawful or improper purpose,
Any person, upon application, who furnishes information satisfactory to the Registrar General and who pays the prescribed fee, may, if the Registrar General is satisfied that it is not to be used for an unlawful or improper purpose and subject to subsection (6), obtain a certificate in respect of the registration of death.
No certificate issued in respect of a registration of death shall be issued in such a manner as to disclose the cause of death as certified on the medical certificate of cause of death portion of the death registration form except
(a) upon the authority of the Minister, or
(b) upon the order of a judge.
No certificate or photographic print of the registration of an adoption or change of name shall be issued under this Act.
Notwithstanding subsection 39(6), the Registrar General may issue a statement in respect of a registration of death that discloses the cause of death of a person as certified on the medical certificate of cause of death portion of the death registration form in the following cases: 1996, c.24, s.24; 2000, c.26, s.280; 2007, c.32, s.3
(a) upon the request of a coroner or peace officer for the purpose of conducting an investigation or completing an outstanding file;
(b) upon the request from the administrator of the hospital facility where the deceased was cared for or pronounced dead for the purpose of completing the patient’s medical record file;
(c) upon the request of a funeral director who is to cremate the deceased’s body;
(c.1) upon the request of the Department of Veterans’ Affairs for the purpose of determining whether the cause of death is related to the disability for which the deceased received pension benefits;
(c.2) upon the request of a spouse or other member of the deceased’s family for the purpose of settling an estate, legal proceedings or insurance claim, determining an entitlement to pension benefits emanating from the United States of America or providing information that may be relevant for medical purposes to the person making the request or on whose behalf the request is made;
(d) upon the request of a health research organization for the purpose of conducting health studies; or
(e) for the purpose of health studies conducted by or on behalf of the Minister of Health.
The Registrar General, may, upon request and upon payment of the prescribed fee, issue certificates of birth, death or marriage containing the following items in either official language, regardless of the language in which the items appear in the registration:
(a) month of birth,
(b) place of birth,
(c) month of registration.
Notwithstanding any other provision of this Act, the Registrar General may, in accordance with the regulations, issue a certificate of birth without the payment of a fee for the certificate. 2000, c.24, s.1
The Registrar General shall disclose to the Chief Electoral Officer or the Municipal Electoral Officer information respecting the name, address, sex, date of birth and date of death and other related information of any person. 1998, c.32, s.87
1996, c.24, s.25; 2011, c.37, s.38
Where the signature of the Registrar General, Deputy Registrar General or any person designated pursuant to subsection 2(3) is required for any purpose of this Act, the signature may be written, engraved, lithographed or reproduced by another mode of reproducing words in visible form.
Every document issued under this Act under the signature of the Registrar General, a Deputy Registrar General or a person appointed under subsection 2(2) is and remains valid, even though the Registrar General, the Deputy Registrar General or the designated person has ceased to hold office before the issuance of the certificate.
1983, c.94, s.14; 1985, c.41, s.9; 1987, c.63, s.11; 1996, c.24, s.26; 2011, c.37, s.39
Every certificate or photographic print purporting to be issued under section 39 is admissible in any court in the Province as prima facie proof of the facts certified to be recorded, and every certificate or photographic print purporting to be issued under section 39 is so admissible as prima facie proof of the facts recorded therein, and it is not necessary to prove the signature or official position of the person by whom the certificate or photographic print purports to be signed.
Where a provision of this Act refers to a copy of any document or paper, or requires the making or retaining of such a copy, the reference shall be deemed to include, and the requirement shall be deemed to be complied with by the making or retaining of, a photographic film of the document or paper, and a print from such a photographic film shall be deemed to be, and to have the same effect and to serve the same purpose as a copy of the document or paper.
If the Registrar General keeps registrations of births, stillbirths, marriages and deaths in an electronic information storage system, any reference in this Act to the Registrar General making an entry on a copy or photographic print of a document or paper shall be deemed to include the making of an entry in the electronic information storage system having the same or similar effect as the entry required under this Act.
If the Registrar General keeps registrations of births, stillbirths, marriages and deaths in an electronic information storage system, a requirement imposed by or under this Act, any other Act or any regulation under this or any other Act that the Registrar General make a notation on a registration or a correction in a registration shall be deemed to be met if the Registrar General makes an entry in the electronic information storage system having the same or similar effect as the required notation or correction with the result that the system causes a notice containing the information entered to appear whenever the document is accessed on the system.
1983, c.94, s.15; 1986, c.8, s.130; 2000, c.26, s.280; 2006, c.16, s.179; 2007, c.32, s.3
No employee of Service New Brunswick shall communicate or allow to be communicated to any person not entitled thereto any information obtained under this Act, or permit a search of any registers or files, records or other documents containing information obtained under this Act.
Nothing in subsection (1) prohibits the compilation, furnishing or publication of statistical data that does not disclose specific information with respect to any particular person.
Subject to the provisions of this Act or any other Act, the Registrar General shall determine the entitlement of any person to information under this Act.
The Registrar General may transfer to the possession, care, custody and control of the Provincial Archivist under the Archives Act any record of 1996, c.24, s.27
(a) birth or stillbirth after ninety-five years have elapsed from the date of birth or stillbirth of the person, or
(b) of marriage or death after fifty years have elapsed after the date of the marriage of the person or the death of the person.
Every notation made under this Act shall be effected without obliterating any entry on the registration, and shall be dated and initialled by the person making the notation. 1983, c.94, s.16
The Registrar General may compile, publish and distribute such statistical information respecting the births, stillbirths, marriages, deaths, adoptions and changes of name registered during any period as he considers necessary and in the public interest.
1996, c.24, s.28; 2016, c.50, s.1
All clerics, medical practitioners, nurse practitioners, funeral directors or informants connected with any case and all persons having knowledge of the facts, shall upon demand of the Registrar General, in person, by mail or through any other person, furnish such information as they possess regarding any birth, stillbirth, marriage or death.
The Registrar General is entitled to extracts from, or copies of, any of the registers or records of baptisms, marriages or burials kept in the Province at any time without charge.
If more than one person is required to give any notice or to register or to furnish any statement, certificate or particulars required under this Act and the duty is carried out by any of those persons, the other persons are not liable. 1983, c.94, s.17; 1990, c.61, s.143; 1993, c.27, s.12; 2011, c.37, s.41
1983, c.94, s.18; 1990, c.61, s.143; 1996, c.24, s.29
Subject to subsection (2) and any other Act, a common carrier transporting or carrying, or accepting through its agents or employees for transportation or carriage the body of a deceased person without the burial permit issued by the Registrar General under this Act, commits an offence.
If a death occurred outside the Province and the body is accompanied by a burial permit issued in accordance with the law in force where the death occurred, the burial permit shall be deemed sufficient to authorize the transportation or carriage of the body into or through the Province.
Repealed: 1990, c.61, s.143 1983, c.94, s.19; 1990, c.61, s.143
1983, c.94, s.20; 1990, c.61, s.143; 2011, c.37, s.42
Subject to subsection (1.1), a person who violates or fails to comply with a provision of the regulations commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 52(j.4) commits an offence of the category prescribed by regulation.
A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
No prosecution shall be commenced under this Act without consent of the Attorney General.
If a provision of this Act is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, the provision of this Act prevails. 2013, c.34, s.39
The Lieutenant-Governor in Council may make regulations 1982, c.66, s.5; 1983, c.94, s.21; 1987, c.63, s.12; 1996, c.24, s.30; 2000, c.24, s.2; 2011, c.37, s.43; 2017, c.13, s.2; 2017, c.14, s.5
(a) prescribing forms to be used in carrying out the provisions of this Act;
(a.1) prescribing time limits for filing registrations of births, stillbirths, marriages and deaths;
(a.2) prescribing time limits for submitting requests respecting registrations of births, stillbirths, marriages and deaths;
(a.3) prescribing time limits for providing information or giving notice to the Registrar General;
(a.4) prescribing time limits for transmitting a certified copy of an adoption order to the Registrar General;
(b) Repealed: 1996, c.24, s.30
(c) Repealed: 1996, c.24, s.30
(d) Repealed: 1996, c.24, s.30
(e) designating the persons who may have access to or may be given information from the records in the Registrar General’s Office, and prescribing an oath of secrecy to be taken by such persons;
(f) respecting the registration of births, marriages, deaths, stillbirths, adoptions or changes of name in cases not otherwise provided for in this Act;
(f.1) prescribing requirements for the purposes of section 7.2;
(g) prescribing the fees to be paid for searches, certificates or anything done or permitted to be done under this Act and providing for the waiver of payment of any such fees in favour of any person, class of persons or agency;
(g.1) respecting the issuance of a certificate of birth without the payment of a fee;
(h) Repealed: 1987, c.63, s.12
(i) prescribing the evidence on which the Registrar General may register a birth, stillbirth, marriage or death after one year from the date thereof;
(j) Repealed: 2011, c.37, s.43
(j.1) prescribing the classes of persons to which section 23 applies;
(j.11) prescribing information to be contained in a statement of original registration of birth under subsection 24(4);
(j.13) prescribing the documents and other evidence referred to in paragraphs 34(2)(c) and 34.1(3)(e);
(j.14) prescribing particulars in a certificate in respect of the registration of birth issued under section 39;
(j.2) prescribing persons and classes of persons eligible to apply for a certificate of birth registration under subsection 39(2);
(j.3) prescribing persons and classes of persons eligible to apply for a certificate of marriage registration under subsection 39(3.1);
(j.4) prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;
(k) for the purpose of effectively securing the due observance of this Act;
(l) for the purpose of obtaining information prescribed by this Act;
(m) Repealed: 1983, c.94, s.21
(n) generally, for the better administration of this Act.
Regulations made under paragraph 52(g.1) may be made retroactive in their operation. 2000, c.24, s.3
A reference to “Part IV of the Health Act” in any Act, regulation or other document is deemed to be a reference to this Act.