This is an unofficial archived version of The Vital Statistics Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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The Vital Statistics Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
"birth" means the complete expulsion or extraction from its mother, irrespective of the duration of pregnancy, of a product of conception in which, after such 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 is attached; ("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 provided for under this Act; ("directeur")
"district registrar" means a district registrar appointed under this Act; ("registraire de district" )
"error" means incorrect information, and includes omission of information; ("erreur")
"funeral director" means any person who owns, controls, operates, or manages a funeral home or chapel, who takes charge of a dead body for the purpose of burial, cremation or other disposition; ("entrepreneur de pompes funèbres")
"incapable" means unable because of death, illness, absence from the province, or otherwise; ("incapable" )
"Indian" means an Indian within the meaning of the Indian Act (Canada), but does not include an enfranchised Indian; ("Indien")
"lay funeral director" means any person other than a funeral director who takes charge of a dead body for the purpose of burial, cremation or other disposition; ("entrepreneur de pompes funèbres profane")
"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 charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"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 by this Act or the regulations; (" prescrit")
"registration division" means a registration division established under section 27; ("division d'enregistrement")
"state" means any state or territory of the United States and includes the District of Columbia; ("état")
"stillbirth" means the complete expulsion or extraction from its mother 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,
(a) where the expulsion or extraction occurs after a pregnancy of at least 20 weeks, or
(b) where the product weighs 500 grams or more. ("mortinaissance")
When death occurs.
For all purposes within the legislative competence of the Legislature of Manitoba the death of a person takes place at the time at which irreversible cessation of all that person's brain function occurs.
REGISTRATION OF BIRTHS
Registration of births.
The birth of every child born in the province shall be registered as provided herein.
Statement respecting birth.
After the birth of a child in the province, and prior to the release from the health facility, or in the case of a home birth, within five days after the birth,
(a) the mother of the child or the father of the child; or
(b) any employee in the health facility in which the child is born; or
(c) if there is no person to whom clause (a) or (b) applies, the person standing in the place of the parents of the child; or
(d) if there is no person to whom clause (a), (b) or (c) applies, the occupier of the premises in which the child is born, if the occupier has knowledge of the birth;
shall complete and deliver or mail a statement in the prescribed form respecting the birth to the district registrar or to the director.
The father of a child born to a woman who is not his wife is not required to comply with subsection (2), unless the father and the woman make a joint request in writing under subsection (9) respecting the particulars of registration.
If more than one child is delivered during a single confinement, a separate statement for each child shall be completed and delivered or mailed as provided in subsection (2); and in each statement the number of children born during the confinement and the number of the child in the order of birth shall be given.
Child of married woman.
Except as provided in subsection (7), the birth of a child of a married woman shall be registered showing
(a) the surname of the husband; or
(b) the surname of the mother; or
(c) the surnames of the husband and the mother as provided in section 4;
as the surname of the child, and the particulars of the husband shall be given as those of the father of the child.
The birth registration of a child born to a married woman as a result of artificial insemination, with consent of her husband, shall be completed in accordance with the provisions of subsection (5).
Child of married woman living separate from husband.
Where a child is born to a married woman, if she files with the district registrar a statutory declaration 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 the surname of the child may be the legal surname of the mother and no particulars as to the father shall be given in the statement required under subsection (2) unless the mother and a person acknowledging himself to be the father jointly so request in writing; in which case the particulars of the person so acknowledging may be given as the particulars of the father, or the birth may be registered showing the surname of the child as the surname of the person so acknowledging either alone or hyphenated with the surname of the mother as provided in section 4, or both; and, if the request is made after the registration of the birth, the director may upon payment of the prescribed fee amend the registration in accordance with the request.
Child of unmarried woman.
Except as provided in subsection (9), the registration of the birth of a child of an unmarried woman shall show the surname of the mother as the surname of the child, and no particulars as to the father shall be given.
Where an unmarried woman who is the mother of a child and a person acknowledging himself to be the father jointly so request in writing upon payment of the prescribed fee, the particulars of the person so acknowledging may be given as the particulars of the father, or the birth may be registered showing the surname of the child as the surname of the person so acknowledging either alone or hyphenated with the surname of the mother as provided in section 4, or both; and, if the request is made after the registration of the birth, the director may amend the registration in accordance with the request.
Additional evidence required.
If the district registrar is not satisfied as to the truth and sufficiency of the statement, he shall refer the matter to the director who, in order to obtain such additional evidence as may be necessary, may require the attendance at his office of the person who signed the statement, or of any other person, and may examine that person respecting any matter pertaining to the registration of the birth.
Continuing liability to complete statement.
If the statement is not completed and delivered or mailed in the manner, and within the time, herein provided, every person upon whom the duty of completing and delivering or mailing the statement is imposed remains liable to perform that duty notwithstanding the expiration of the time provided and is, in respect of each successive period of five days thereafter during which he neglects or fails to complete and deliver or mail the statement, guilty of a violation of this Act.
Registration of birth by district registrar.
Upon the receipt of a statement in the prescribed form respecting the birth, the district registrar, if satisfied as to the truth and sufficiency thereof, shall register the birth by signing the statement, and thereupon the statement constitutes the registration of the birth; and the registrar shall deliver the statement to the director.
Procedure where responsible persons not found.
If the district registrar is unable to find any of the persons required under subsection (2) to complete and deliver a statement respecting the birth of a child, he shall himself complete the statement with the particulars known to him, and the statement constitutes the registration of the birth.
On receipt of a statement made under section 24 or 29 of The Family Maintenance Act and upon payment of the prescribed fee, the director shall amend the registration of birth accordingly and every birth certificate issued after the making of an amendment under this subsection shall be issued as if the original registration had been made as amended.
Registration of hyphenated surname.
Upon the request in the prescribed form of the mother and the husband referred to in subsection 3(5) or of the mother and person acknowledging himself to be the father under subsection 3(7) or (9), the birth of a child may be registered,
(a) where the registration is under subsection 3(5), showing the surname of the husband hyphenated or combined with the surname or maiden name of the mother as the surname of the child; or
(b) where the registration is made under subsection 3(7) or (9), showing the surname of the person acknowledging himself to be the father, hyphenated or combined with the surname or maiden name of the mother as the surname of the child;
and the director may on a similar application made after registration of the birth of the child and upon payment of the prescribed fee alter the registration of birth to hyphenate or combine the surname of any unmarried child.
Surviving spouse may apply.
Upon proof that the mother or father is dead or mentally incapable, the director may, on application by the other parent, register the birth of their child in accordance with subsection (1).
Registration of birth by director.
When a birth is not registered in accordance with subsection 3(2) or the district registrar has referred the matter to the director under subsection 3(10), if application for the registration thereof is made by any person to the director in the prescribed form, verified by statutory declaration and accompanied by the prescribed fee and by a statement in the prescribed form respecting the birth and such other evidence as may be prescribed, 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 birth by signing the statement, and thereupon the statement constitutes the registration of the birth.
Registration of birth where subsequent marriage.
Where the parents of a child intermarry subsequent to the birth of the child, then upon the parents,
(a) completing and certifying the statement required under subsection 3(2);
(b) delivering the statement, together with such evidence as to the marriage as is required by the regulations, to the director; and
(c) paying the prescribed fee;
the director shall register the birth as if the parents had been married to each other at the time of the birth.
One parent incapable.
Upon proof that one of the parents is dead or mentally incapable, the application may be made by the other parent.
Application by child.
Where the birth has been registered under subsection 3(7) or (9) the application may be made by the child.
Statement respecting birth of foundling.
Where a new-born child is found deserted the person who finds the child and any person in whose charge the child may be shall give to the district registrar in the health facility in which the child is placed or the director as the case may be, within seven days after the finding or taking charge of the child, such information as they may possess as to the particulars required to register the birth of the child and shall include information relating to the exact location the child was found.
Duties of district registrar.
The district registrar, 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 and to complete, so far as the person is able, a statement required under subsection 3(2);
(b) cause the child to be examined by the local medical officer of health or a legally qualified 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; and
(c) make a detailed report of the case and transmit to the director the evidence regarding the birth of the child.
A legally qualified medical practitioner shall be paid, out of moneys appropriated by the Legislature for the purpose, the prescribed fee for an examination made by him under subsection (2).
Registration of birth of foundling.
The director, upon 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; and the registration shall, subject as herein provided, establish for the child a date of birth, a place of birth, and a surname and given name.
Copies to Director of Child and Family Services.
The director, upon registering a birth under this section, shall transmit forthwith to the Director of Child and Family Services appointed under The Child and Family Services Act a copy of all documents respecting the child filed pursuant to this section.
Subsequent establishment of identity.
If, subsequent to the registration of a birth under this section, the identity of the child is established to the satisfaction of the director or further information with respect thereto is received, the director shall
(a) cancel, add to, or correct, the registration of the birth made under 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 under this section;
and the director shall thereupon make a notation of any cancellation on the registration first made, and no certificate shall thereafter be issued in respect thereof.
Date of new registration.
Where a new registration of the birth of a child is made under subsection (6), the date of registration shall be as shown on the registration first made.
Notification to Director of Child and Family Services.
The director shall notify the Director of Child and Family Services forthwith of any action taken under subsection (6).
Certificate to be cancelled.
Where a person has received a certificate issued in respect of the registration of the birth of a child made under subsection (4), if the registration is cancelled under subsection (6), that person shall deliver the certificate to the director for cancellation if the director so requires.
Alteration or addition of given name by director.
Except in a case to which section 21 applies, where the birth of a child has been registered, and
(a) the given name under which the child was registered is changed; or
(b) the child was registered without a given name;
both parents, the surviving parent, the guardian of the child, the person proposing the name be changed or given, or the child after attaining the age of 18 years, may deliver to the director an application setting forth the particulars of the change or of the name given, accompanied by a statutory declaration completed by the applicant, and
(c) a baptismal certificate, showing the given name under which the child was baptized; or
(d) if a baptismal certificate is not available, such other documentary evidence as is satisfactory to the director;
and the director, upon being satisfied that the application is made in good faith and upon payment of the prescribed fee, shall make a notation of the change in the registration of the birth.
Statutory limitation of alteration or addition.
No alteration of, or addition to, a given name shall be made in a registration of a birth, except as provided in this Act.
Changes to be shown on certificate.
Any birth certificate issued after the making of a notation pursuant to this section shall be prepared as if the registration had been made containing the changed or new given name at the time of registration.
REGISTRATION OF STILLBIRTHS
Registration of stillbirths.
Every stillbirth in the province shall be registered as provided herein.
Statement respecting stillbirth.
Where a stillbirth occurs, the person who would have been responsible for the registration thereof as provided in section 3, if it had been a birth, shall complete and deliver to the district registrar or director a statement in the prescribed form respecting the stillbirth.
The legally qualified medical practitioner in attendance at a stillbirth or, where there is no legally qualified medical practitioner in attendance, a legally qualified medical practitioner or a medical examiner shall cause a medical certificate to be completed in the prescribed form showing the cause of the stillbirth and shall deliver it to the director.
Certificate by district registrar.
Where a district registrar is satisfied that there was no legally qualified medical practitioner and no medical examiner within a reasonable distance from the place where a stillbirth has occurred, and that it is not reasonably practicable to have the medical certificate completed as provided in subsection (3), the district registrar may, in lieu of the medical certificate, prepare and sign a certificate prepared from the statements of relatives of the parents of the stillborn child or of other persons having adequate knowledge of the facts.
Registration of stillbirth by district registrar.
Upon receipt of the statement the district registrar shall complete the statement in the prescribed form, setting forth the proposed date and place of burial, cremation, or other disposition of the body and shall, if satisfied as to the truth and sufficiency thereof, register the stillbirth by signing the statement giving the date of filing in his office, and shall deliver the statement to the director.
Upon the registration of a stillbirth, the district registrar shall forthwith prepare and deliver to the person requiring it for the purpose of the burial, cremation, or other disposition of the body of the stillborn child, a burial permit.
Application of sections 3 to 5 and 14 to 19.
Subject to this section, sections 3 to 5 and 14 to 19 apply, with such modifications as the circumstances require to stillbirths.
REGISTRATION OF ADOPTION
Order of adoption to be sent to director.
Within 10 days after the making of an order of adoption or an order correcting an order of adoption by a Judge of the Court of Queen's Bench under The Child and Family Services Act, the registrar or a deputy registrar of the court shall send to the director one or more certified copies thereof.
The director shall establish and maintain a register, to be called the "Adopted Children's Register", (hereinafter called "the adoption register"), in which shall be entered upon payment of the prescribed fee the particulars of every order of adoption of a child, and of every order correcting an order of adoption; and, except as otherwise provided in subsection (3), the director shall enter therein the name of every child in respect of whom such an order of adoption is made with the surname of the adoptive parent or parents, and the date of the birth of the child, if born in the province; and, if the child was born outside the province, the director shall make the entries upon receiving a certificate of the birth of the child from the person having charge of the registration of births in the province, state, or country in which the child was born.
Retention of surname.
Where a child is adopted by persons who desire the child to retain the surname under which its birth was registered, if the order of adoption provides that the child shall retain that surname, the director shall enter the name of the child in the adoption register with that surname.
Entry of unrecorded adoption.
Upon the application of a person claiming to be an adopted child, or claiming to be the adoptive parent of an adopted child by virtue of an adoption not previously registered in the adoption register, the director upon production of such proof as to the truth of the allegations as the director may deem necessary, shall, upon payment of the prescribed fee, enter in the adoption register the particulars of the adoption.
Registration of adoption order of another jurisdiction.
Where a person is adopted pursuant to an order, judgment, or order of adoption made by a court of competent jurisdiction in another province, state, or country, the director,
(a) upon receipt of a certified copy of the order, judgment, or order of adoption; and
(b) upon production of evidence satisfactory to him of the identity of the person;
shall if there is in his office a registration of the birth of that person, register the adoption in the manner prescribed by subsection (2).
Registration of adoption.
(a) receipt of a certified copy of an order of adoption, or of an order correcting an order of adoption, from the registrar or a deputy registrar of the Court of Queen's Bench under subsection (1); or
(b) production of satisfactory proof under subsection (4); or
(c) production of an order, judgment, or order of adoption, under subsection (5);
and after entry of the particulars as required by subsection (2), (4) or (5), the director shall endorse his signature thereupon and the entries in the adoption register constitute the registration of the adoption.
Notation of adoption on birth registration.
Where, at the time of the registration of an adoption or at any time thereafter, there is in the office of the director a registration of the birth of the person adopted, the director, upon production of satisfactory evidence of the identity of the person, shall cause a notation of the adoption, and of any change of name consequent thereon, to be made on the original registration of the birth which shall be sealed and placed in storage, and shall subject to subsection (3) and clause (9)(a) cause a new statement of the birth to be produced which shall show the adoptive parents as the parents of the child without indicating in any way that the child has been adopted.
Procedure on adoption of person born elsewhere.
Where a person born outside the province is adopted under The Child and Family Services Act, the director, upon receipt of the certified copies of the order of adoption, or of an order correcting the order of adoption, as provided in that Act and in subsection (1), shall transmit one of the certified copies of the order of adoption or of the order of correction to the person having charge of the registration of births in the province, state, or country, in which the person was born.
Birth certificate in case of adoption.
Where a notation of adoption, and of any change of name consequent thereon, has been made on a registration of birth, any birth certificate issued thereafter shall be issued as if the registration had been made with the particulars thereof as shown in the adoption register; and in particular,
(a) if the adoption has been entered as provided in subsection (3) the certificate, if the names of parents are shown therein, may at the request of the adoptive parents, show the names of the natural parents as being the names of the parents of the child; and
(b) in all other cases shall show the names of the adoptive parents as being the names of the parents of the child, and no details or information as to the natural parents shall be shown therein.
Pre-September, 1924 adoption files.
Files maintained by the director relating to adoption agreements entered into prior to September 1, 1924 shall upon request of the Director of Child and Family Services be forwarded to him.
REGISTRATION OF MARRIAGES
Registration of marriages.
Every marriage solemnized in the province shall be registered as provided herein.
Statement respecting marriage.
Every person authorized by law to solemnize marriage in the province shall, immediately after solemnizing a marriage, prepare a statement in the prescribed form respecting the marriage, which statement shall be signed by
(a) each of the parties to the marriage;
(b) at least two credible witnesses to the marriage; and
(c) the person by whom the marriage was solemnized.
Registration of marriage by district registrar.
The person by whom the marriage was solemnized shall, forthwith after the day of the marriage, complete the statement in the prescribed form and, if satisfied as to the truth and sufficiency thereof, register the marriage by signing the statement as district registrar, giving the date of filing in his office, and thereupon the statement constitutes the registration of marriage, and the registrar shall deliver the statement to the director.
Registration of marriage by director.
When a marriage is not registered within one year from the day of the marriage, if application for registration thereof is made by any person to the director in the prescribed form, verified by statutory declaration and accompanied by the prescribed fee and by a statement in the prescribed form respecting the marriage and such other evidence as may be prescribed, 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, and thereupon the statement constitutes the registration of the marriage.
REGISTRATION OF DEATHS
Registration of deaths.
The death of every person who dies in the province shall be registered as provided herein.
Personal particulars of the deceased.
The personal particulars of the deceased person shall, upon the request of the funeral director, be completed in the prescribed form,
(a) by the nearest relative of the deceased present;
(b) if no relative is available, by any adult person present at the death;
(c) by any other adult person having knowledge of the facts;
(d) by the occupier of the house in which the death occurred; or
(e) by the medical examiner who has been notified of the death and has made an inquiry or held an investigation regarding the death.
Certificate by medical practitioner or medical examiner.
The legally qualified medical practitioner who was last in attendance during the last illness of the deceased, or the medical examiner who conducts an investigation or an inquiry into the circumstances of the death, shall forthwith after the death, investigation or inquiry, complete and sign a medical certificate in the prescribed form stating therein 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 shall forthwith cause the medical certificate to be delivered to the director.
Death without medical attendance.
Where a death occurs without medical attendance, or where the legally qualified medical practitioner mentioned in subsection (3) is not available to complete the medical certificate, and where there is no reason to believe that the death was the result of any of the circumstances set forth in subsection (6), the funeral director or lay funeral director shall forthwith notify a medical examiner, or a legally qualified medical practitioner designated by the medical examiner, who shall thereupon inquire into the facts and shall complete the medical certificate in accordance with subsection (3).
Certificate by district registrar.
Where a district registrar is satisfied that there was no medical examiner, and no legally qualified medical practitioner within a reasonable distance from the place where a death has occurred, and that it is not reasonably practicable to have the medical certificate completed as provided in subsection (4), the district registrar may notify a medical examiner and, in lieu of the medical certificate, prepare and sign a certificate prepared from the statements of relatives of the deceased or of other persons having adequate knowledge of the facts.
Death by violence, negligence, etc.
Subject to subsection 17(2), where it appears that
(a) there is reasonable cause to suspect that the person died by violence, undue means, or culpable negligence, or in an unexpected, unexplained or sudden manner; or
(b) the person died in a place or under circumstances requiring an investigation under any statute; or
(c) the cause of death is undetermined; or
(d) the person died in a correctional institution, gaol or prison or while he was an involuntary resident of any institution in the province;
no burial permit shall be issued by the district registrar unless
(e) the body has been examined by the chief medical examiner or a medical examiner appointed under The Fatality Inquiries Act, and investigation has been made into the circumstances of the death, as provided under The Fatality Inquiries Act;
(f) the chief medical examiner or a medical examiner appointed under The Fatality Inquiries Act has signed the medical certificate of the cause of death in accordance with subsection (3); and
(g) the other provisions of this Act respecting the registration of the death have been complied with.
Registration of death by district registrar.
Upon receipt of the personal particulars respecting the deceased, the district registrar shall complete the statement in the prescribed form setting forth the proposed date and place of burial, cremation or other disposition of the body and shall, if satisfied as to the truth and sufficiency thereof, register the death by signing the statement as district registrar, giving the date of filing in his office and deliver the statement to the director.
Registration of death by director.
When a death is not registered within one year from the day of the death, if application for registration thereof is made by any person to the director in the prescribed form verified by statutory declaration, and accompanied by the prescribed fee and by a statement in the prescribed form respecting the death and such other evidence as may be prescribed, 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 death by signing the statement, and thereupon the statement constitutes the registration of the death.
Notice of registration of death.
Upon the registration of a death under section 15, the registrar shall prepare and issue a burial permit; but the burial permit shall have no force or effect unless compliance has been made with The Public Health Act and the regulations thereunder.
Duty of medical examiner.
When a person dies under any of the circumstances referred to in subsection 14(6), if it is impossible for the medical examiner to complete a medical certificate, the district registrar, upon the medical examiner releasing the body for burial, shall issue a burial permit and the medical examiner shall cause a medical certificate in the prescribed form to be completed and sent to the director and, upon request by the director, shall after the completion of the investigation, send a supplemental certificate giving the facts as found.
Registration before burial or other disposition.
Subject to subsection (4), no person shall
(a) bury or otherwise dispose of the body of any person who dies in the province;
(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;
(d) the death is registered as provided herein;
(e) a burial permit has been prepared by the district registrar; and
(f) the person conducting the funeral or religious service is in possession of the burial permit.
Burial etc. before registration of death.
Where, by reason of the distance of the place where a burial or a funeral or religious service takes place from the address of the nearest district registrar, or for any other reason, it is impracticable to obtain a burial permit from the district registrar or director before the burial takes place, any person, who is called upon to conduct a funeral or religious service before the burial, or removal for burial, of a dead body, may conduct the service without being in possession of a burial permit; but, in that event, that person shall
(a) obtain the personal particulars respecting the deceased;
(b) obtain the required medical certificate;
(c) complete the statement in the prescribed form which under section 15, is required to be completed by the district registrar;
(d) before, or as soon as possible after, the funeral or religious service, obtain a burial permit in the prescribed form; and
(e) forthwith send the statement, medical certificate, and burial permit to the director after endorsing on the burial permit and signing a certificate such as is required from a cemetery owner under subsection 18(2).
Removal of body.
Where the body of any 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.
Duties of funeral director.
The funeral director or lay 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.
Death outside the province.
Where a death occurs outside the province and the burial or other disposition of the body is to take place in the province, a burial permit or such other document as is prescribed under the law of the province or country in which the death occurs, signed by the proper officer, is sufficient authority for the burial or other disposition of the body and the district registrar shall forthwith deliver a copy of the medical certificate stating the cause of death to a medical examiner.
Registration after burial.
Where burial has taken place without registration, the death may be registered, but registration shall not take place after three months from the death without the consent of the director.
Registration without certificate of medical examiner.
Where a body has been found elsewhere than in premises occupied by some person and a certificate has not been given by a medical examiner, registration shall not be made without the consent of the director.
Registration of death before burial.
Subject to subsection 17(4), no cemetery owner shall permit the burial or cremation of a dead body in the cemetery, unless the funeral director, lay funeral director or the person officiating at the burial has delivered to him the prescribed copy of the burial permit.
Returns of burials and cremations.
Every cemetery owner shall, at the end of each calendar month, transmit to the director a return in the prescribed form of the burials and cremations that took place during that month in the cemetery; and shall transmit therewith the burial permits relative thereto after endorsing on each permit a certificate stating the date on which the burial or cremation took place and signing the certificate.
REGISTRATION OF BIRTHS AND DEATHS OCCURRING ON THE HIGH SEAS
Births and deaths on high seas.
Upon receipt from the Minister of Transport of information transmitted under the Canada Shipping Act, respecting the birth of a child or the death of a person on board a ship whose port of registry is within the province, the director, if satisfied as to the truth and sufficiency of the particulars received, shall register the birth or death.
Filing of church records of baptisms, etc.
Where registers or records of baptisms, marriages, or burials kept by any church or religious body in the province are now on file or are hereafter with the approval of the director placed on file in the office of the director the registers or records shall be preserved as part of the records of his office.
Notation of change of name.
Where the name of a person has been changed in Manitoba by deed poll before July 1, 1938, or is changed under The Change of Name Act, or is changed in another province or territory of Canada or in a foreign state by or under a statute of that province or territory or that foreign state, the director, on production of proof of the change and satisfactory evidence 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 under The Change of Name Act and the person was born or married in Canada but outside the province, shall transmit to the officer in charge of the registration of births and marriages in the province or territory of Canada in which the person was born or married a copy of the proof of the change of name produced to the director; and
(c) if the change was made under The Change of Name Act and the person was born or married outside Canada, shall, if requested by the person whose name has been changed, transmit to the officer in charge of the registration of births and marriages in the foreign state in which the person was born or married, a copy of the proof of the change of name produced to the director.
Meaning of "foreign state".
In subsection (1) the expression "foreign state" includes any country in the Commonwealth other than Canada and, in the case of the United States, means a state of that country.
Certificate after change of name.
Every birth or marriage certificate issued after the making of a notation under this section except for a change of surname made by election upon marriage shall be issued as if the registration had been made in the name as changed.
FRAUDULENT REGISTRATIONS AND CERTIFICATES
Cancellation of registration and birth certificates.
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 director as may be adduced by any person interested, the director, if 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.
Certificates fraudulently or improperly obtained or used.
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 director as may be adduced by any person interested, the director, if 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.
Certificate to be delivered to director.
A person who has in his possession or under his control a certificate in respect of which an order has been made under subsection (1) or (3) shall forthwith, upon receipt of the order, deliver the certificate to the director who shall preserve it in a permanent file together with the order and all documents relating thereto.
CORRECTIONS OF ERRORS IN REGISTRATIONS
Corrections by district registrar.
If, while the registration of a birth, stillbirth, marriage, or death is in the possession of a district registrar, it is reported that an error exists in the registration, the district registrar shall inquire into the matter and, if satisfied that an error has been made, shall correct the error according to the facts by making a notation of the correction on the registration without altering the original entry.
Correction by personal appearance.
If the person who furnished the information contained in the registration to be corrected appears in person, the district registrar may permit correction by altering the original entry.
Correction by director.
If, after a registration has been received or made by the director, it is reported that an error exists in the registration, the director shall inquire into the matter and, upon production of satisfactory evidence verified by statutory declaration, and upon payment of the prescribed fee, shall correct the error by making a notation of the correction on the registration without altering the original entry.
Certificate from registration after correction.
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 correct particulars at the time of registration.
Minor change in name.
The director upon
(a) application of a person whose birth is registered under this Act; or
(b) application of the parents of a minor whose birth is registered under the Act; or
(c) application of both parties to a marriage registered under this Act;
for a change in spelling of a name as it appears in the birth or marriage registration, may investigate the matter and, if satisfied that the alteration is minor and will not likely mislead anyone materially or adversely, may upon payment of the prescribed fee alter the registration of the birth or marriage by changing the spelling of the name of the person whose birth is registered under this Act or the name of either or both of the parties to the marriage registered under this Act.
Application to change designation of sex.
The director may upon application by any person who has undergone transsexual surgery and upon payment of the prescribed fee make a notation changing the designation of sex of that person so that it will be consistent with the results of the surgery.
Material in support.
An application made under subsection (1) shall be accompanied by
(a) two medical certificates, signed by medical practitioners who are legally qualified to practise medicine in the jurisdiction in which the transsexual surgery was performed upon the applicant, certifying that
(i) the medical practitioners performed or assisted in performing the transsexual surgery upon the applicant, and
(ii) as a result of the transsexual surgery the designation of the sex of the applicant should be changed;
(b) a certificate, signed by a legally qualified medical practitioner other than a medical practitioner who performed or assisted in the transsexual surgery upon the applicant, certifying that
(i) the medical practitioner who signed the certificate examined the applicant,
(ii) the results of the examination substantiate that transsexual surgery was performed upon the applicant, and
(iii) as a result of the transsexual surgery the designation of the sex of the applicant should be changed; and
(c) any other documentary evidence the director may require.
Where the medical certificates required under clause (2)(a) cannot be obtained the director may require such other evidence of the matters to be contained in those certificates as the director considers necessary.
Certificates issued without mention of change.
Every birth or marriage certificate issued after the making of a notation under this section, shall be issued as if the original registration had been made with the sex as changed.
Appointment of director and other officers and employees.
A Director of Vital Statistics or an Acting Director of Vital Statistics and an Assistant Director of Vital Statistics, and such other officers and employees as may be required, may be appointed as provided in The Civil Service Act.
Duties of director.
The director shall, under the control of the minister, be responsible for the administration of this Act and shall perform such other duties as may be prescribed by the regulations or by the minister.
Duties of assistant director and inspectors.
The Assistant Director of Vital Satisfies may, subject to such limitations, if any, as may be imposed by the minister, exercise the powers and perform the duties of the director: and shall also perform such other duties as may be prescribed by the regulations or by the minister.
Meaning of "Recorder of Vital Statistics".
Where, in any Act of the Legislature or any regulation, rule or order made under an Act of the Legislature, there is reference to the Recorder of Vital Statistics, it shall be conclusively deemed to be a reference to the Director of Vital Statistics.
The province shall for the purposes of this Act be divided into registration divisions.
Municipalities to be registration divisions.
Each municipality shall be a separate registration division.
Appointment of district registrars.
The minister may appoint any person to exercise any or all the powers and perform any or all the duties of a district registrar.
Territory not within a municipality may be attached to an existing registration division or it may be set apart as a registration division.
Appointment of deputy district registrars.
A district registrar may with the approval of the director appoint in writing one or more deputy district registrars who may exercise the powers and perform the duties of the district registrar.
Enforcement of Act by district registrar.
Every district registrar shall, under the supervision and direction of the director and in accordance with the regulations, enforce this Act and shall make an immediate report to the director of any violation of this Act.
Duty of district registrar.
Each district registrar shall examine each statement respecting a birth, stillbirth, marriage, or death, when presented for registration, to see that it has been made out in accordance with the provisions of this Act and the regulations and the instructions of the director.
Defective birth or marriage notice.
If a statement of birth, stillbirth, or marriage is incomplete, the district registrar shall immediately require the informant to supply the missing items, if they can be obtained.
Care of documents.
A district registrar shall keep in a place of safety, the original statements of every birth, stillbirth, marriage, or death, and all other returns, records, forms, and documents, received by him.
A district registrar shall use all proper means available to obtain the information necessary for the purpose of completing the records required to be made.
Retention of copies of returns.
A district registrar shall keep a copy of the original statement of each birth, stillbirth, marriage, or death, for a period of two years.
Action by registrar when party fails to register.
When a district registrar has reason to believe that there has taken place a birth, stillbirth, marriage, or death, a notice of which has not been registered, he shall forthwith notify the proper person to register the required statement and, if the person so notified fails to comply with the notice, the district registrar shall forthwith send to the director all information in his possession with respect to the matter.
Notice to Director.
The director on receiving a statement of the birth of a child whose parents are not legally married to each other or in respect of the marriage of whose parents there exists, in the opinion of the director, a reasonable doubt and the mother of the child is under the age of 18 years, shall, within three days after receiving the statement, send a copy of the statement to the Director of Child and Family Services.
Searches of registrations and church records.
Any person, upon applying, furnishing information satisfactory to the director, and paying the prescribed fee, may, if the director is satisfied that the information is not to be used for an unlawful or improper purpose, have a search made by the director
(a) for the registration of any birth, stillbirth, marriage, or death; or
(b) for the record of any baptism, marriage, or burial, placed on file in the office of the director under section 20.
Report on search.
The director shall make a report on the search which shall state whether or not the birth, stillbirth, marriage, death, baptism, or burial is registered or recorded and, if registered shall state the registration number thereof, and the report shall contain no further information.
Searches for research or statistical purposes.
The director may make a search for any person or organization for bona fide research or statistical purposes where
(a) the director is satisfied that the research or statistical purpose cannot reasonably be achieved unless the record is provided in a form which identifies an individual; and
(b) the director obtains from the person or organization a written undertaking not to disclose the contents of the record in any form which could reasonably be expected to identify the individual.
ISSUANCE OF CERTIFICATES AND COPIES
Any person, upon applying, furnishing information satisfactory to the director and paying the prescribed fee, may, if the director is satisfied that it is not to be used for an unlawful or improper purpose, and subject to section 10, obtain a certificate in the prescribed form in respect of the registration of the birth of any person, which certificate shall contain at least the following particulars of the registration; namely,
(a) the name of the person;
(b) the date of birth;
(c) the place of birth;
(d) the sex of the person;
(e) the date of registration; and
(f) the serial number of the registration.
Certified or photo copy of registration of birth.
A certified copy or photographic print of the registration of a birth or of an extract therefrom may be issued only
(a) to a person who requires it to comply with The Child and Family Services Act;
(b) to an officer of the Crown in right of the province who requires it for use in the discharge of his official duties; or
(c) to a person upon the authority in writing of the minister or upon the order of a judge of a court;
and only upon application in the prescribed form and upon payment of the prescribed fee.
Any person, upon applying, furnishing information satisfactory to the director and paying the prescribed fee, may, if the director is satisfied that it is not to be used for an unlawful or improper purpose, obtain a certificate in the prescribed form in respect of the registration of a marriage, which certificate shall contain at least the following particulars of the registration; namely,
(a) the names of the parties to the marriage;
(b) the date of the marriage;
(c) the place where the marriage was solemnized;
(d) the date of registration; and
(e) the serial number of the registration.
Certified or photo copy of registration of marriage.
A certified copy or photographic print of the registration of a marriage, may be issued only
(a) to a party to the marriage;
(b) to a person upon the authority in writing of the minister; or
(c) to a person upon the order of a judge of a court;
and only upon application in the prescribed form and upon payment of the prescribed fee.
Any person, upon applying, furnishing information satisfactory to the director and paying the prescribed fee, may, if the director is satisfied that it is not to be used for an unlawful or improper purpose and subject to subsection (6), obtain a certificate in the prescribed form in respect of the registration of a death.
Cause of death to be disclosed only in special cases.
No certificate issued in respect of the registration of a death shall be issued in such a manner as to disclose the cause of death as certified on the medical certificate, except
(a) upon the authority in writing of the minister; or
(b) upon the order of a judge of a court.
Certified or photo copy of registration of death.
A certified copy or photographic print of the registration of a death or stillbirth may be issued only
(a) to a person upon the authority in writing of the minister; or
(b) to a person upon the order of a judge of a court; or
(c) to a person who satisfied the director that it is required to accompany an application to disinter a body made under The Public Health Act;
and only upon application in the prescribed form and upon payment of the prescribed fee.
Certificates from church records.
Any person, upon applying in the prescribed form and paying the prescribed fee, may, with the approval of the director and subject to the same limitations as those respecting certified copies and photographic prints set out in subsections (2), (4), and (7), obtain a certificate in the prescribed form in respect of the record of a baptism, marriage, or burial, placed on file under section 20.
Order as to production of authority.
The minister may, by a signed, written order directed to the director, require the director, when issuing a certified copy, photographic print, or certificate under this section,
(a) to dispense with the production of the authority in writing of the minister required under subsections (2), (4), (6), (7) and (8), or under any of those subsections; or
(b) to dispense with the production of that written authority in such cases, or in such circumstances, as the minister may set forth in the order.
Revocation and amendment of orders.
The minister may, at any time, amend or revoke an order under subsection (9) or issue a further order thereunder.
Certificates to be issued only by director.
Every certificate, certified copy, or photographic print, issued under section 32 shall be issued by the director; and no person other than a person herein authorized to do so shall issue any document that purports to be issued under this Act.
Signature of director.
Where the signature of the director or any person appointed pursuant to subsection 26(1) is required for any of the purposes of this Act, the signature may be written, engraved, lithographed or reproduced by any other mode of reproducing words in visible form.
Certificate valid after change of director.
Every document issued under this Act under the signature of the director or of any person appointed pursuant to subsection 26(1) is valid notwithstanding that the director or the person so appointed has ceased to hold office before the issue of the certificate.
Certificates as evidence.
Every certificate purporting to be issued under section 32 is admissible in evidence in any court in the province as prima facie proof of the facts certified to be recorded, and every certified copy or photographic print purporting to be issued under section 32 is so admissible in evidence 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 certified copy purports to be signed.
Photographic films and prints as copies.
Where a provision of this Act refers to a copy of any document or paper, or to a copy on a prescribed form of any document or paper, or requires the making or retaining of such a copy or such a copy on a prescribed form, 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 serve the same purpose as, a copy or a copy on a prescribed form of the document or paper.
Appeal from refusal of director to register.
Where an application for the registration of a birth, stillbirth, marriage, or death is refused by the director, if, within one year of the refusal, an application is made to the Court of Queen's Bench, the court, upon being satisfied that the application is made in good faith and as to the truth and sufficiency of the evidence adduced on the application, and having regard to the standards respecting delayed registration set forth in the regulations for the guidance of the director, may make an order requiring the director to accept the application and register the birth, stillbirth, marriage, or death; and the registrar of the court shall forthwith send a copy of the order to the director who shall comply with the order and attach the copy to the registration.
Appeal respecting search or issue of certificate.
Where an application for a certificate or a search in respect of the registration of a birth, stillbirth, marriage, or death, is refused by the director, if, within one year of the refusal, application is made to the Court of Queen's Bench the court, upon being satisfied that the application is made in good faith and that the applicant has good reason for requiring the certificate or search, may make an order requiring the director to issue the certificate or make the search; and the registrar of the court shall forthwith forward a copy of the order to the director who shall comply therewith.
Appeal from order under section 22.
Where the director has made an order under section 22, any person interested may, within one year thereafter, appeal therefrom to the Court of Queen's Bench and the court may make an order confirming or setting aside the order of the director and the order of the judge shall be final and shall be binding on the director.
At least 30 days' notice of the application or appeal shall be served on the director.
Power to take affidavits.
The director and every district registrar and deputy district registrar may take the affidavit or statutory declaration of any person for the purposes of this Act.
Publication by director of statistical information.
The director may compile, publish, and distribute, such statistical information respecting the births, stillbirths, marriages, deaths, adoptions and changes of name, registered during any period as deemed necessary and in the public interest.
Annual report of the director.
As soon as convenient after January 1 in each year, the director shall make, for the use of the Legislative Assembly and for public information, a statistical report of the births, stillbirths, marriages, deaths, adoptions and changes of name, during the preceding calendar year, and shall forthwith transmit the report to the minister.
Annual report of minister.
As soon as convenient after receipt of the report of the director in each year the minister shall prepare a report to the Lieutenant Governor in Council respecting the administration of this Act during the preceding year, and shall include therein the report made by the director under subection (1); and the minister shall forthwith on completion thereof lay the report before the assembly, if it is then in session, and if it is not then in session, then within 15 days after the beginning of the next following session.
Records property of the Crown.
All records, books, and other documents, pertaining to any office under this Act are the property of the Crown.
Delivery of records to successor.
Where a vacancy occurs in any office under this Act, the person having the possession, custody, or control of any books, records, or other documents, pertaining to the office shall give up possession of and deliver them to the successor in office or to any person appointed by the director to demand and receive them; and any person who fails to comply with this subsection is guilty of an offence.
No district registrar or deputy district registrar, and no person employed in the service of Her Majesty, shall communicate, or allow to be communicated, to any person not entitled thereto any information obtained under this Act, or allow any such person to inspect, or have access to, any records containing information obtained under this Act.
Nothing in subsection (1) prohibits the compilation, furnishing, or publication, or statistical data that does not disclose specific information with respect to any particular person.
Every person who violates the provisions of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding $200.
Every notation made under this Act shall be effected without altering or defacing any entry on the registration; and shall be dated and initialled by the person making the notation.
Director to examine notices sent in by registrars.
The director shall examine the original statements received from the district registrars, and if any are incomplete or unsatisfactory shall require such further information to be furnished as is necessary to make the record complete and satisfactory.
Information as to births, marriages, and deaths.
All clergymen, physicians, informants, funeral directors, lay funeral directors and persons in charge of health facilities connected with any case, and all persons having knowledge of the facts, shall furnish such information as they possess regarding any birth, marriage, or death, upon demand of the director or any district registrar made in person, by mail, or through any other person.
Failure to carry out duties.
Every person who fails to give any notice, or to furnish any statement, certificate or particulars required under or pursuant to this Act, within the time limited by this Act, is guilty of an offence and is liable on summary conviction to a fine not exceeding $100.
Compliance by one person sufficient.
Where more than one person is required to give any notice, or to register, or to furnish any statement, certificate or particulars required under or pursuant to this Act and the duty is carried out by any of such persons, the other or others are not liable.
Failure to obtain permit for transportation of body.
Subject to subsection (2) and clause 17(3)(b), 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 prescribed burial permit issued under this Act, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $200.
Burial permit issued outside province.
If the 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 is sufficient to authorize the transportation or carriage of the body into or through the province.
Every person who fails to comply with or violates any provisions of this Act or the regulations, for which failure or violation no penalty is otherwise provided, is guilty of an offence and is liable on summary conviction to a fine not exceeding $100.
Consent to prosecutions.
No prosecution shall be commenced under this Act without the consent of the minister.
Conviction, etc. not affected by want of form.
No conviction, warrant, or commitment order, or any other proceeding, matter or thing made, done, or transacted, in or relating to the execution of this Act, shall be vacated, quashed, or set aside, for want of form or for any defect that does not substantially affect the justice of the case.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made pursuant to, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,
(a) prescribing the forms to be used in carrying out the provisions of this Act, and the manner in which they shall be completed, and altering or amending any form as may be required;
(b) prescribing the duties of the director;
(c) prescribing the duties of, and records to be kept by, the district registrars;
(d) prescribing the information and returns to be furnished to the director, and fixing the times when information and returns are to be transmitted;
(e) fixing the times when district registrars shall forward registrations to the director;
(f) designating the persons who may have access to, or may be given copies of, or information from, the records in the office of the director or of a district registrar, and prescribing an oath of secrecy to be taken by such persons;
(g) for the registration of births, marriages, deaths, stillbirths, adoptions, or changes of name, in cases not otherwise provided for in this Act;
(h) respecting the conditions that must be complied with in connection with the issue of a burial permit by a district registrar of a division other than the one in which the death occurred;
(i) prescribing the fees to be paid for searches, certificates, and 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 or class of persons; and providing that any one or more services shall be rendered without payment of any fee in such cases, or to such government departments, public officers, courts, societies, organizations or persons as may be specified in the regulations;
(j) designating the persons who may sign registrations and notations;
(k) prescribing the evidence on which the director may register a birth, stillbirth, marriage, or death, after 90 days from the date thereof;
(l) prescribing the evidence on which the director may make a registration of birth in the case of a child whose parents intermarried, subsequent to birth;
(m) requiring persons in charge of hospitals to make returns of the births of all children born in the hospitals;
(n) authorizing every Band Administrator in Manitoba to act, ex officio, as district registrar for the Indians under his jurisdiction; and
(o) for the purpose of effectively securing the due observance of this Act, and generally for the better carrying out of the provisions thereof and obtaining the information required thereby.
Other registration systems discontinued.
No system for the registration of births, marriages, and deaths shall be continued or maintained in any of the several municipalities of the province other than that established by this Act.
This Act shall be so interpreted and construed as to effect its general purpose of making uniform the law of the provinces that enact it.