Vital Statistics Act
Vital Statistics Act, R.S.O. 1990, c. V.4
Bills that amended this Act6
- Bill 137amend
Cy and Ruby's Act (Parental Recognition), 2015
“1ST SESSION, 41ST LEGISLATURE, ONTARIO 64 ELIZABETH II, 2015 1re SESSION, 41e LÉGISLATURE, ONTARIO 64 ELIZABETH II, 2015 Bill 137 Projet de loi 137 An Act to amend the Children’s Law Reform Act, the Vital Statistics Act and other Acts with respect to parental recognition Loi modifiant la Loi portant réforme du droit de l’enfance, la Loi sur les statistiques de l’état civil et d’autres lois en ce q…”
- Bill 256amend
Awenen Niin Act (Who Am I) Respecting Identity Documents, 2021
“1ST SESSION, 42ND LEGISLATURE, ONTARIO 70 ELIZABETH II, 2021 Bill 256 An Act to amend the Photo Card Act, 2008 and the Vital Statistics Act respecting access to identification documents Ms J.”
- Bill 26amend
Fee Waivers (Photo Card and Birth Certificate) Act, 2018
“Kiwala Private Member’s Bill 1st Reading March 27, 2018 2nd Reading 3rd Reading Royal Assent -- 1 of 2 -- Bill 26 2018 An Act to amend the Photo Card Act, 2008 and the Vital Statistics Act with respect to fee waivers for photo cards and birth certificates Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: P HOTO C ARD A CT, …”
- Bill 28amend
All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016
“2 ND SESSION, 41 ST LEGISLATURE, ONTARIO 65 ELIZABETH II, 2016 2 e SESSION, 41 e LÉGISLATURE, ONTARIO 65 ELIZABETH II, 2016 Bill 28 Projet de loi 28 (Chapter 23 Statutes of Ontario, 2016) (Chapitre 23 Lois de l’Ontario de 2016) An Act to amend the Children’s Law Reform Act, the Vital Statistics Act and various other Acts respecting parentage and related registrations Loi modifiant la Loi portant r…”
- Bill 64amend
Awenen Niin Act (Who Am I) Respecting Identity Documents, 2021
“2ND SESSION, 42ND LEGISLATURE, ONTARIO 70 ELIZABETH II, 2021 Bill 64 An Act to amend the Photo Card Act, 2008 and the Vital Statistics Act respecting access to identification documents Ms J.”
- Bill 87amend
Vital Statistics Amendment Act, 2023
“-- 2 of 5 -- Bill 87 2023 An Act to amend the Vital Statistics Act to provide for greater access to information related to adoptions His Majesty, by and with the advice and consent of the Legislativ...”
Sections312
- [s0]
Definitions
- 1.
- [s1]
- 1Definitions
1 In this Act, “adopted person” means a person in respect of whom an order, judgment or decree of adoption is registered under subsection 28 (1) or a predecessor of that subsection; (“personne adoptée”) “birth” means the complete expulsion or extraction from a person of a fetus that did at any time after being completely expelled or extracted from the person breathe or show any other sign of life, whether or not the umbilical cord was cut or the placenta attached; (“naissance”) “birth parent”, in relation to an adopted person, means a person whose name appears as a parent on the original registration, if any, of the adopted person’s birth and such other persons as may be prescribed; (“parent de naissance”) “cemetery” includes a vault, a mausoleum and any land that is set apart or used for the interment of the dead or in which bodies are buried; (“cimetière”) “cemetery owner” includes the…
- [s2]
Administration
- 2.
- Section Amendments with date in force (d/m/y)
- 2Uniform system of registration
2 (1) Subject to the regulations, the Registrar General shall direct a uniform system of registration of births, marriages, deaths, still-births, adoptions and changes of name in Ontario, and is charged with the enforcement of the provisions of this Act. 2001, c. 21, s. 2. Registrations to be numbered (2) The Registrar General shall, upon receipt, cause the registrations of births, marriages, deaths, still-births, adoptions and changes of name occurring in Ontario and all other documents required or permitted to be given to the Registrar General to be numbered in separate series according to calendar year. R.S.O. 1990, c. V.4, s. 2 (2); 2002, c. 18, Sched. E, s. 9 (1). Indexed (3) The Registrar General shall cause the registrations and other documents to be indexed separately according to calendar year. R.S.O. 1990, c. V.4, s. 2 (3). Filed (4) The Registrar General shall cause the regist…
- 3.
- 3Examination of registrations
3 (1) The Registrar General shall examine the registrations received from the persons required to make registrations and, if the registrations are incomplete or unsatisfactory, the Registrar General shall require such information to be supplied as may be necessary to complete the registration. 2001, c. 21, s. 3 (1). Registration not signed (2) If a registration received from a person required to make the registration is incomplete as to a required signature, the Registrar General shall cause the registration to be returned in order that the signature may be obtained. 2001, c. 21, s. 3 (1). Classification by causes of death (3) The Registrar General shall cause all deaths registered under this Act to be classified according to the classification of diseases adopted by reference in the regulations. R.S.O. 1990, c. V.4, s. 3 (3). Publication by Registrar General (4) The Registrar General ma…
- 4.
- 4Recording registrations and documents
4 (1) The Registrar General may cause the registrations and other documents referred to in subsection 2 (2), whether received before or after the 17th day of December, 1990, to be accurately recorded by any technology, if an accurate and easily readable paper copy of the registration or other document can be made from the record. Documents to be recorded (2) The Registrar General may cause any other documents related to the registrations to be recorded as provided in subsection (1). Notation added directly to record (3) The Registrar General may use the technology referred to in subsection (1) to add a notation or any other information directly to a record. Application (4) This Act applies with the necessary modifications that are consistent with this Act to the records made under this section. R.S.O. 1990, c. V.4, s. 4.
- 5.
- 5Archives
5 (1) In this section, “Archives” means the Archives of Ontario continued under the Archives and Recordkeeping Act, 2006; (“Archives publiques”) “Archivist” means the Archivist of Ontario appointed under the Archives and Recordkeeping Act, 2006. (“archiviste”) 2006, c. 34, Sched. A, s. 28 (1). Registrations transferred to Archives (2) The Registrar General may cause those registrations and records that are prescribed, and related indexes and documents, to be transferred to the Archives. R.S.O. 1990, c. V.4, s. 5 (2); 2006, c. 34, Sched. A, s. 28 (2). Authority of Archivist (3) The Archivist is authorized and directed to receive and maintain the registrations, records, indexes and documents transferred under subsection (2) as if they were transferred under the Archives and Recordkeeping Act, 2006. 2006, c. 34, Sched. A, s. 28 (3). Access by Registrar General (4) Despite subsection (3), th…
- 6.
- 5.1Delegation by Registrar General
5.1 The Registrar General may delegate in writing any or all of his or her powers and duties under this or any other Act to any person, subject to any restrictions set out in the delegation. 2012, c. 8, Sched. 58, s. 3. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 58, s. 3 - 01/09/2016
- 7.
- 5.2Deputy Registrar General
5.2 (1) The Registrar General shall appoint a Deputy Registrar General. 2012, c. 8, Sched. 58, s. 3. Duties (2) The Deputy Registrar General shall perform the duties delegated to him or her in writing by the Registrar General. 2012, c. 8, Sched. 58, s. 3. Delegation of powers and duties (3) The Deputy Registrar General may delegate in writing any or all of his or her powers and duties under this or any other Act to any person, subject to any restrictions set out in the delegation. 2012, c. 8, Sched. 58, s. 3. Subdelegation (4) The Deputy Registrar General’s power to delegate under subsection (3) includes the power to delegate in writing any or all of the powers and duties that have been delegated to the Deputy Registrar General under this or any other Act. 2012, c. 8, Sched. 58, s. 3. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 58, s. 3 - 01/09/2016 Other administrat…
- [s9]
- 6Inspectors
6 (1) The Registrar General may appoint inspectors of vital statistics who shall perform the duties assigned to them by the Registrar General. 2012, c. 8, Sched. 58, s. 4. Affidavits (2) The Registrar General may appoint any person to take affidavits and statutory declarations that are necessary or incidental to, (a) the functions of the Registrar General under this or any other Act; or (b) the administration of this Act, the Marriage Act or the Change of Name Act. 2012, c. 8, Sched. 58, s. 4. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (2, 3) - 9/12/1994; 1999, c. 12, Sched. F, s. 43 - 22/12/1999 2008, c. 5, s. 2 - 01/09/2008 2009, c. 33, Sched. 17, s. 13 (1) - 15/12/2009 2012, c. 8, Sched. 58, s. 4 - 01/09/2016
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- 6. #10
- 6.1Designation re ss. 48.1 to 48.5
6.1 (1) The Lieutenant Governor in Council may, by regulation, designate a person to exercise the powers and perform the duties of the Registrar General under sections 48.1 to 48.5. 2005, c. 25, s. 2; 2008, c. 5, s. 2. Same (2) The designation may be made subject to such conditions and restrictions as the Lieutenant Governor in Council considers appropriate, including a requirement that the designated person enter into and comply with an agreement between the Registrar General and the designated person. 2005, c. 25, s. 2. Same (3) For the purposes of this section, the Registrar General shall disclose to the designated person such information and documents under the custody or control of the Registrar General as the Registrar General considers necessary. 2005, c. 25, s. 2. Section Amendments with date in force (d/m/y) 2005, c. 25, s. 2 - 31/01/2007
- 8.
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- 7Seal of office
7 (1) The Registrar General shall have a seal of office. Idem (2) The seal of office may be reproduced in any manner and has the same effect whether it is manually applied or otherwise reproduced. R.S.O. 1990, c. V.4, s. 7.
- 8. #11
- 7.1Health insurance information
7.1 (1) For the purposes of administering the Health Insurance Act, the Registrar General, in collecting information under this Act or the Change of Name Act, is authorized to collect personal information and disclose it to persons employed in the Ministry of Health and Long-Term Care, or to persons or entities providing services on behalf of the Ministry of Health and Long-Term Care. 2012, c. 8, Sched. 58, s. 5. Same (2) For the purposes of administering this Act, the Change of Name Act and the Health Insurance Act, the Minister of Health and Long-Term Care is authorized to disclose to the Registrar General or to persons or entities providing services on behalf of the Registrar General, personal information recorded under the Health Insurance Act. 2012, c. 8, Sched. 58, s. 5. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (4) - 09/12/1994 2006, c. 19, Sched. G, s. 12 …
- 8. #12
- 9.
- [s13]
Registration of Births
- 9. #13
- 7.1 #14
- 8Notice of birth
8 If required by the regulations, a person who attends at the birth of a child in Ontario shall give notice of the birth in the manner, within the time and to the person prescribed by the regulations. 1994, c. 27, s. 102 (5). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (5) - 02/01/2007
- 9. #14
- [s15]
- 10.
- 9Certification of birth
9 (1) The parents of a child born in Ontario, or one of them in such circumstances as may be prescribed, or such other person as may be prescribed, shall certify the child’s birth in the manner, including providing such information and documentation as may be prescribed, within the time and to the person prescribed by the regulations. 2016, c. 23, s. 17 (1). Same (2) A person who finds a new-born deserted child or who has received custody or care and control of an abandoned child and any other person as may be prescribed shall provide such information and documentation as may be prescribed in respect of the child and the child’s birth in the manner, within the time and to the person prescribed by the regulations. 1994, c. 27, s. 102 (5). Registration (3) The Registrar General, acting on a certification under subsection (1) or information under subsection (2) or on such information as may…
- Section Amendments with date in force (d/m/y) #15
- 11.
- 11. #16
- 9.1Still-births
9.1 Every still-birth that takes place in Ontario shall be registered in accordance with the regulations. 2002, c. 18, Sched. E, s. 9 (3). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. E, s. 9 (3) - 02/01/2007
- 10Child’s name
10 (1) Subject to subsections (2), (4) and (5), a child whose birth is certified under section 9 shall be given at least one forename and a surname. 2016, c. 5, Sched. 33, s. 1 (1). Exception (2) A child whose birth is certified under section 9 need not be given a forename if the Registrar General is satisfied that, (a) the child’s sex is undetermined; (b) every consent required by the Child, Youth and Family Services Act, 2017 for the child’s adoption has been given or dispensed with; or (c) the child has died. R.S.O. 1990, c. V.4, s. 10 (2); 2017, c. 14, Sched. 4, s. 35 (1). How child’s surname determined (3) A child’s surname shall be determined as follows: 1. If both parents certify the child’s birth, they may agree to give the child a surname chosen by them. 2. If both parents certify the child’s birth but do not agree on the child’s surname, the child shall be given, i. the parents…
- 11. #17
- 11Continuing obligation and offence
11 Where a duty has been established by regulations made for the purposes of section 8, 9 or 9.1, and a person fails to perform that duty as provided for in the regulations, (a) the person remains liable to perform the duty despite the expiry of any time limit and despite any action taken by another person in giving a notice or in certifying or registering a birth or stillbirth; and (b) the person is guilty of an offence for the initial failure to perform the duty and of a separate offence for each successive period of prescribed time during which the failure to perform continues. 2002, c. 18, Sched. E, s. 10 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (8) - 25/05/2007 2002, c. 18, Sched. E, s. 10 (2) - 25/05/2007
- 11. #18
- 11. #19
- 12Repealed
12 Repealed: O. Reg. 214/07, s. 23. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (9) - 09/12/1994 O. Reg. 214/07, s. 23 - 25/05/2007
- 12.
- 13Repealed
13 Repealed: 2016, c. 23, s. 19. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (10) - 25/05/2007; 1998, c. 18, Sched. E, s. 291 - 18/12/1998 2016, c. 23, s. 19 - 05/12/2016
- 13.
- 13. #20
- 13. #21
- 14Repealed
14 Repealed: 2016, c. 23, s. 20. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (11) - 02/01/2001; 1998, c. 18, Sched. E, s. 292 - 18/12/1998 2009, c. 11, s. 52 - 01/03/2010 2016, c. 5, Sched. 33, s. 2 - no effect - see 2016, c. 23, s. 74 (1); 2016, c. 23, s. 20 - 05/12/2016
- 13. #22
- 14.
- 14.1Repealed
14.1 Repealed: 2016, c. 23, s. 21 (2). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 21 (1) - 05/12/2016; 2016, c. 23, s. 21 (2) - 05/12/2017
- [s23]
- 15Adding forename to birth registration
15 (1) If a child’s birth was registered under this Act or a predecessor of it and the child was not given a forename under subsection 10 (2) or a predecessor of that subsection or under a predecessor of this Act, (a) the person with lawful custody of the child; or (b) the child, if he or she has attained the age of eighteen years,
- 15.
- [s24]
may elect in the prescribed manner to add a forename to the birth registration. R.S.O. 1990, c. V.4, s. 15 (1); 2016, c. 23, s. 22. Certificate (2) Where a person elects under subsection (1), the Registrar General shall note the addition of the forename on the birth registration and issue a birth certificate to the person on payment of the required fee. R.S.O. 1990, c. V.4, s. 15 (2); 1998, c. 18, Sched. E, s. 293. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 293 - 18/12/1998 2016, c. 5, Sched. 33, s. 3 - no effect - see 2016, c. 23, s. 74 (2); 2016, c. 23, s. 22 - 01/01/2017
- 16.
- 16Abandoned child
16 (1)-(3) Repealed: 1994, c. 27, s. 102 (12). Subsequent registration if child identified (4) If, subsequent to a registration under subsection (3) as it read before its repeal or under subsection 9 (2), the identity of the child is established to the satisfaction of the Registrar General, he or she may by order set aside the registration made pursuant to this section and cause the substitution of a new registration of the birth in accordance with the actual facts of the birth, and cause the original registration to be withdrawn from the registration files and kept in a separate file and sealed. R.S.O. 1990, c. V.4, s. 16 (4); 1994, c. 27, s. 102 (13); 2002, c. 18, Sched. E, s. 10 (3). Date of registration (5) Where the identity of the child is established and a new registration is made pursuant to subsection (4), the date of the new registration shall be the date of the original regist…
- 17.
- 19. #25
- [s26]
- 17Repealed
17 Repealed: 2016, c. 23, s. 23. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (15) - Obsolete; 1998, c. 18, Sched. E, s. 294 - 18/12/1998 2016, c. 23, s. 23 - 01/01/2017
- [s27]
- 18Repealed
18 Repealed: 1994, c. 27, s. 102 (15). (See also: 2002, c. 18, Sched. E, s. 10 (5)). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (15) - 2/01/2007 but see 2002, c. 18, Sched. E, s. 10 (5) - 25/05/2007
- 18.
- 19. #27
- [s28]
Registration of Marriages
- [s29]
- 19Marriages
19 (1) Every marriage that is solemnized in Ontario shall be registered by the person or persons named or described in the regulations and in the prescribed manner and within the prescribed time limits. 1994, c. 27, s. 102 (16). Registration of marriage (2) If the Registrar General is satisfied as to the correctness and sufficiency of a statement of marriage forwarded to the Registrar General, the Registrar General shall register the marriage. 2012, c. 8, Sched. 58, s. 6. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (16) - 15/04/2009 2012, c. 8, Sched. 58, s. 6 - 01/09/2016
- 19.
- 21. #29
- 23.-25.
- [s30]
- 19. #30
- 20Registration of marriage by Registrar General
20 If a marriage has not been registered within one year from the day of the marriage, the registration may be made by the Registrar General upon such evidence as may be prescribed by the regulations. R.S.O. 1990, c. V.4, s. 20.
- [s31]
Registration of Deaths
- 19. #31
- 20.
- 21. #31
- 22. #31
- [s32]
- 21Registration of death
21 (1) The death of every person who dies in Ontario shall be registered in accordance with the regulations. 1994, c. 27, s. 102 (17). Same (2) Such persons as are described in the regulations shall, in the prescribed circumstances, provide such information as may be prescribed within the time, in the manner and to the person prescribed by the regulations in order to register the death. 1994, c. 27, s. 102 (17); 1997, c. 9, s. 7 (2). Division registrars (3) Division registrars shall perform such duties as may be prescribed in respect of the registration of deaths and the provision of documentation. 1994, c. 27, s. 102 (17). Copying of medical certificate (4) Except as provided in the regulations or as provided under any other Act, no person shall copy or duplicate a document signed by a legally qualified medical practitioner, or by any other person, who is required to sign the document u…
- [s33]
- 21.
- 22Registration before disposition of body
22 (1) Subject to subsection 21 (6) and the regulations, no person shall bury, cremate or otherwise dispose of the body of any person who dies in Ontario or remove the body from the registration division within which the death occurred or the body is found, and no person shall take part in or conduct any funeral or religious service for the purpose of burial, cremation or other disposition of the body of a deceased person, unless the documentation required by the regulations has been obtained. 1994, c. 27, s. 102 (17). Record-keeping (2) Funeral directors and cemetery owners shall keep such documentation related to the burial, cremation or other disposal of a body as may be prescribed and they shall retain it for such time as may be prescribed. 1994, c. 27, s. 102 (17). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (17) - 15/04/2009
- 22. #33
- 21. #34
- 23Repealed
23 Repealed: 1994, c. 27, s. 102 (17). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (17) - 15/04/2009
- 21. #35
- 22.
- 24Repealed
24 Repealed: 1994, c. 27, s. 102 (17). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (17) - 15/04/2009
- [s36]
- 22. #36
- 25Repealed
25 Repealed: 1994, c. 27, s. 102 (17). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (17) - 15/04/2009
- [s37]
- 22. #37
- 23.
- 26Removal of bodies
26 (1) If the body of a person is to be removed to the place of burial or other disposition by a transportation company or other common carrier, the removal shall not take place until the prescribed documentation has been affixed to the outside of the casket. R.S.O. 1990, c. V.4, s. 26 (1); 1994, c. 27, s. 102 (18). Death outside Ontario (2) If the death occurred outside of Ontario and the burial or other disposition of the body is to take place in Ontario, a burial, transit or removal permit or such other document as may be prescribed or required under the laws of the jurisdiction in which the death occurred, signed by the proper officer of the place in which the death occurred, is sufficient authority for the burial or other disposition of the body. R.S.O. 1990, c. V.4, s. 26 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (18) - 15/04/2009
- [s38]
- 24.
- 27Repealed
27 Repealed: 1994, c. 27, s. 102 (19). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (19) - 15/04/2009; 1998, c. 18, Sched. E, s. 295 - 18/12/1998
- [s39]
Adoption Orders
- 25.
- Section Amendments with date in force (d/m/y) #39
- [s40]
- 26.
- 28Registration of adoption orders
28 (1) Upon receipt of a certified copy of an adoption order transmitted under subsection 222 (3) of the Child, Youth and Family Services Act, 2017, or any predecessor thereof, or a certified copy of an order, judgment or decree of adoption made by a court of competent jurisdiction of another province or territory of Canada or of a foreign state, issued under the seal of the proper certifying authority, the Registrar General shall register the order, judgment or decree. R.S.O. 1990, c. V.4, s. 28 (1); 2017, c. 14, Sched. 4, s. 35 (2). Change in birth registration (2) If the birth of the person adopted, (a) was registered in Ontario before the adoption; or (b) is registered in Ontario after the adoption in accordance with this Act, the Registrar General, upon production of evidence satisfactory to him or her of the identity of the person together with an application for the registration o…
- [s41]
- 27.
- 29Repealed
29 Repealed: 2005, c. 25, s. 4. Section Amendments with date in force (d/m/y) 2005, c. 25, s. 4 - 17/09/2007 Child born in another jurisdiction
- [s42]
- 30Province or state
30 (1) If a child born in another province or in any state has been adopted in Ontario under the Child, Youth and Family Services Act, 2017, or a predecessor of it, the Registrar General shall transmit a certified copy of the order to the person having charge of the registration of births in the province or state in which the child was born. R.S.O. 1990, c. V.4, s. 30 (1); 2017, c. 14, Sched. 4, s. 35 (3). Child born in another jurisdiction (2) If a child born in a jurisdiction other than a province or state has been adopted in Ontario under the Child, Youth and Family Services Act, 2017, or a predecessor of it, the Registrar General, upon request, may transmit a certified copy of the order to the person having charge of the registration of births in the jurisdiction in which the child was born. R.S.O. 1990, c. V.4, s. 30 (2); 2017, c. 14, Sched. 4, s. 35 (3). Section Amendments with dat…
- [s43]
Changes of Name
- 28.
- 29.
- 30.1Registration, name changed in Ontario
30.1 (1) Repealed: 2020, c. 34, Sched. 3, s. 11 (1). Same (2) The Registrar General shall comply with subsections 7 (1), (1.1), (1.2), (1.6) and (6) and clauses 8 (1) (b) and 8 (2) (c) and (d) of the Change of Name Act if required to do so by those provisions. 2016, c. 5, Sched. 33, s. 4. Same (3) On receiving the fee, if any, and documents required by section 12.0.2 of the Change of Name Act, the Registrar General shall comply with subsection 12.0.2 (9) of that Act. 2020, c. 34, Sched. 3, s. 11 (2). Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 33, s. 4 - 01/01/2017 2020, c. 34, Sched. 3, s. 11 (1, 2) - 30/04/2021
- 31. #44
- [s45]
- 30.
- 31Person born in Ontario, name changed outside of Ontario
31 (1) If the name of a person whose birth is registered in Ontario has been changed in accordance with the law of a province or territory of Canada, other than Ontario, or of a foreign state, the Registrar General shall note the change on the person’s birth registration if, (a) the Registrar General receives the prescribed evidence that satisfies the Registrar General that the name of the person has so changed; and (b) the following conditions are met if an applicant has requested the Registrar General to note the change on the birth registration: (i) the Registrar General receives evidence that satisfies the Registrar General as to the identity of the person and receives all prescribed documents that are in the person’s possession, and (ii) the applicant pays the required fee, if any. 2016, c. 23, s. 24 (1). Return of documents (1.1) If the Registrar General has noted a change on a per…
- 31. #45
- [s46]
- 31. #46
- 31.1Person born outside of Ontario, name changed outside of Ontario
31.1 (1) If the name of a person born outside of Ontario has been changed in accordance with the law of a province or territory of Canada, other than Ontario, or of a foreign state, if the person is married and if there is a registration of that marriage in Ontario, the Registrar General shall note the change on that marriage registration if, (a) the person so requests and pays the required fee, if any; and (b) the Registrar General receives, (i) evidence that satisfies the Registrar General as to the identity of the person, (ii) the prescribed evidence that satisfies the Registrar General that the name of the person has so changed, and (iii) all prescribed documents that are in the person’s possession. 2016, c. 23, s. 25 (1). Birth registration of child (2) If the name of a person born outside of Ontario has been changed in accordance with the law of a province or territory of Canada, o…
- [s47]
- 31.
- 31.2Certificate after change of name
31.2 If the Registrar General has noted a change of name on a birth or marriage registration and issues a birth or marriage certificate after making the notation, the certificate shall be issued as if the registration had been made in the name as changed. 2016, c. 5, Sched. 33, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 33, s. 5 - 01/01/2017
- [s48]
- 31.3Sealing original marriage registration
31.3 (1) Upon receipt of evidence satisfactory to the Registrar General that both parties to a marriage registered in Ontario, whether or not the parties were born in Ontario, have changed their name in a province or territory of Canada, other than Ontario, or foreign state in accordance with the law of that province, territory or state, as the case may be, and that province, territory or state, as the case may be, has treated the application for the change of name as confidential in accordance with subsection (2) and upon production of evidence, if required, that satisfies the Registrar General as to the identity of the parties, the Registrar General may, upon the request of both parties, withdraw the original registration of the marriage in Ontario, seal it in a separate file and replace the registration with a registration of marriage in the names of the parties as changed. 2016, c. 5…
- [s49]
Divorce Decrees
- 32.
- 34. #49
- [s50]
- 32No certificates of divorce
32 The Registrar General may not issue a certificate of divorce even if he or she has a record of the divorce. 1994, c. 27, s. 102 (21). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (21) - 09/12/1994
- Section Amendments with date in force (d/m/y) #50
- [s51]
Registration of Births and Deaths Occurring on Board Ship
- 33.
- 34. #51
- [s52]
- 33Births and deaths on board ship
33 Upon receipt from the Minister of Transport of information transmitted under the Canada Shipping Act, respecting the birth of a child or the death of a person on board a ship whose port of registry is within Ontario, the Deputy Registrar General may register the birth or death. R.S.O. 1990, c. V.4, s. 33.
- Section Amendments with date in force (d/m/y) #52
- [s53]
Correction of Errors in Registrations
- 34.
- [s54]
- 34Correction by Registrar General
34 (1) If, after a registration has been received or made by the Registrar General, it is reported to him or her that an error has been made, the Registrar General shall inquire into the facts and upon the production of evidence satisfactory to him or her, the Registrar General may correct the error by a notation on the registration without any alteration being made in the registration. 2001, c. 21, s. 4; 2019, c. 7, Sched. 61, s. 3. Certificate of registration that has been corrected (2) If, subsequent to the correction of an error, application is made for a certificate pursuant to this Act, the certificate shall be prepared as if the registration had been made containing correct particulars at the time of registration, but if a certified copy of the registration is required, the certified copy shall contain a copy of the notation made under subsection (1). 2001, c. 21, s. 4. Old certif…
- 34. #54
- [s55]
- 34. #55
- 35Substitute registrations
35 (1) If, after a registration of birth has been received or made by the Registrar General, it appears or is reported to him or her that, because of incorrect information in the registration, the registration does not comply with the requirements of subsections 6 (4) and (7) of the Vital Statistics Act, being chapter 524 of the Revised Statutes of Ontario, 1980, as they existed before the 1st day of August, 1986, the Registrar General shall inquire into the facts and, upon production of evidence satisfactory to him or her, supplemented by statutory declaration in the prescribed form, the Registrar General may, instead of correcting the error under section 34, order that the registration be cancelled and that a new registration of the birth be made. R.S.O. 1990, c. V.4, s. 35 (1); 1993, c. 27, Sched. Order to be attached to registration (2) Where an order is made under subsection (1), th…
- 35.
- [s56]
Changes Resulting from Transsexual Surgery
- [s57]
- 36Changing sex designation
36 (1) Where the anatomical sex structure of a person is changed to a sex other than that which appears on the registration of birth, the person may apply to the Registrar General to have the designation of sex on the registration of birth changed so that the designation will be consistent with the results of the transsexual surgery. Application (2) An application made under subsection (1) shall be accompanied by, (a) a certificate signed by a medical practitioner legally qualified to practise medicine in the jurisdiction in which the transsexual surgery was performed upon the applicant, certifying that, (i) he or she performed transsexual surgery on the applicant, and (ii) as a result of the transsexual surgery, the designation of sex of the applicant should be changed on the registration of birth of the applicant; (b) a certificate of a medical practitioner who did not perform the tran…
- 36.
- Section Amendments with date in force (d/m/y) #57
- [s58]
Registration Divisions
- [s59]
- 37Registration divisions
37 (1) The whole of Ontario shall be divided into registration divisions. R.S.O. 1990, c. V.4, s. 37 (1). Municipal units (2) Every municipality is a registration division. R.S.O. 1990, c. V.4, s. 37 (2). Unorganized territory (3) The Registrar General may divide that part of Ontario not within a municipality into registration divisions, and may from time to time alter the boundaries of any such registration division or merge it, in whole or in part, with one or more registration divisions and may attach any territory or portion thereof not being part of a municipality to a registration division constituted under subsection (2). 1994, c. 27, s. 102 (22). Same (4) The Registrar General shall maintain a record of all orders made for the purposes of subsection (3) and make them or copies of them available for inspection by the public on request; Part III (Regulations) of the Legislation Act…
- 37.
- 38. #59
- [s60]
Appointment and Duties of Division Registrars Division registrars and staff
- [s61]
- 38Division registrars
38 (1) Division registrars shall be appointed as provided for in the regulations. 2001, c. 21, s. 5. Deputy division registrars (2) A division registrar may, with the approval of the Registrar General, appoint one or more deputy division registrars to act for him or her and any such deputy while so acting has all the powers and duties of the division registrar who appointed the deputy. 2001, c. 21, s. 5. Sub-registrars (3) A division registrar may, with the approval of the Registrar General, appoint sub-registrars who shall perform such duties as may be prescribed. 2001, c. 21, s. 5. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (23) - 09/12/1994; 1998, c. 18, Sched. E, s. 296 - 18/12/1998 2001, c. 21, s. 5 - 25/05/2007
- 38.
- 39. #61
- Section Amendments with date in force (d/m/y) #61
- [s62]
- 38. #62
- 39Division registrars, powers and duties
39 A division registrar shall perform such duties and have such powers as are set out in this Act and as may be prescribed. 1994, c. 27, s. 102 (24). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 102 (24) - 25/05/2007
- 38. #63
- 39.
- 40Report of contraventions to Registrar General
40 Such persons as may be prescribed shall, under the direction of the Registrar General, enforce this Act and shall make an immediate report to the Registrar General of any contravention of this Act of which he or she has knowledge. 2001, c. 21, s. 6. Section Amendments with date in force (d/m/y) 2001, c. 21, s. 6 - 25/05/2007
- 40. #63
- [s64]
- 39. #64
- 41Repealed
41 Repealed: 1998, c. 18, Sched. E, s. 297. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 297 - 18/12/1998
- [s65]
Forms
- 39. #65
- 40.
- [s66]
- 40. #66
- 42Forms
42 For the purposes of the administration of this Act, the Marriage Act or the Change of Name Act, the Registrar General may, (a) provide for and require the use of forms, statutory declarations or affidavits in addition to or in substitution for forms, statutory declarations or affidavits prescribed by the regulations made under this Act, the Marriage Act or the Change of Name Act, as the case may be; (b) require the use of forms, statutory declarations or affidavits supplied by the Registrar General; and (c) permit information to be supplied in a format acceptable to the Registrar General rather than on forms or in statutory declarations or affidavits that are otherwise provided for or required under this section or the regulations made under this Act, the Marriage Act or the Change of Name Act, as the case may be. 1998, c. 18, Sched. E, s. 298. Section Amendments with date in force (d…
- Section Amendments with date in force (d/m/y) #66
- [s67]
Certificates and Searches Contents of certificates
- 40. #67
- 41.
- [s68]
- 43Birth certificate
43 (1) A birth certificate shall contain the following particulars of the registration: (a) name of the child; (b) date of birth; (c) place of birth; (d) sex; (e) date of registration; and (f) registration number. Death certificate (2) A death certificate shall contain only the following particulars of the registration: (a) name, age and marital status of the deceased; (b) date of death; (c) place of death; (d) sex; (e) date of registration; and (f) registration number. Marriage certificate (3) A marriage certificate shall contain only the following particulars of the registration: (a) names of the parties; (b) date of the marriage; (c) place of the marriage; (d) place of birth of each of the parties; (e) date of registration; and (f) registration number. Change of name certificate (4) A change of name certificate shall contain the following particulars of the registration, (a) the perso…
- Section Amendments with date in force (d/m/y) #68
- [s69]
- 42.
- 44Birth certificate
44 (1) Upon application and upon payment of the required fee, any person who furnishes substantially accurate particulars, and satisfies the Registrar General as to the person’s reason for requiring it, may obtain from the Registrar General a birth certificate in respect of any birth of which there is a registration in his or her office. R.S.O. 1990, c. V.4, s. 44 (1); 1998, c. 18, Sched. E, s. 299 (1). Death certificate (2) Upon application and upon payment of the required fee, any person may obtain from the Registrar General a death certificate in respect of any death of which there is a registration in his or her office. R.S.O. 1990, c. V.4, s. 44 (2); 1998, c. 18, Sched. E, s. 299 (2). Marriage certificate (3) Upon application and upon payment of the required fee, (a) one of the parties to the marriage; (b) a parent of one of the parties; (c) a child of the marriage; or (d) any perso…
- [s70]
- 45Who may obtain copy of registrations
45 (1) No certified copy of a registration of birth, change of name, death or still-birth shall be issued except to a person authorized by the Registrar General or the order of a court and upon payment of the required fee. R.S.O. 1990, c. V.4, s. 45 (1); 1998, c. 18, Sched. E, s. 300 (1). Who may obtain copy of registration of marriage (2) No certified copy of a registration of marriage shall be issued except to one of the parties to the marriage or to a person authorized by the Registrar General or the order of a court and upon payment of the required fee. R.S.O. 1990, c. V.4, s. 45 (2); 1998, c. 18, Sched. E, s. 300 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 300 (1, 2) - 18/12/1998
- [s71]
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