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Vital Statistics Act

R.R.O. 1990, REGULATION 1094

GENERAL

Consolidation Period: From April 30, 2018 to the e-Laws currency date.

Last amendment: 307/18.

Legislative History: 328/91, 484/91, 328/93, 520/94, 673/94, 690/94, 176/01, 510/01, 11/02, 303/05, 573/05, 401/06, 463/06, 214/07, 467/07, 68/09, 357/11, 296/13, CTR 12 AU 11 - 1, CTR 12 AU 11 - 2, 348/16, 490/16, 144/17, 107/18, 186/18 (see 307/18), 307/18.

This is the English version of a bilingual regulation.

CONTENTS

Sections
Definitions and General / 0.1-0.2
Registration of Births / 1-17., 18
Registration of Still-Births / 19-29
Registration of Marriage / 30-34
Registration of Deaths / 35-48
Change of Sex Designation / 49
Exemption from Prohibition on Copying Documents / 49.1
Correction of Errors in Registrations / 50-52
Substitution of Registration / 53-54
Registration Divisions / 55
Division Registrars and Sub-Registrars / 55.1-55.2
Powers and Duties of Division Registrars / 55.3-57
Certificates / 58-64., 65
Powers and Duties of Deputy Registrar General / 66
Duties of Inspectors / 67-69
International Statistical Classification of Diseases / 70
Transfer of Records to Archives / 70.1
Sub-Registrars / 71
Access to and Information from Records / 72-73
Copies of Documents / 74-79
APPENDIX

Definitions and General

0.1In this Regulation,

“birth parent”, in relation to a child but not in relation to adoption, means the person who gives birth to the child; (“parent de naissance”)

“business day” means any day other than Saturday, Sunday or a holiday; (“jour ouvrable”)

“children’s aid society” means a society as defined in the Child, Youth and Family Services Act, 2017; (“société d’aide à l’enfance”)

“division registrar” means a person who is a division registrar by virtue of office under subsection 55.1 (1) or who is appointed as a division registrar under subsection 55.1 (2); (“registraire de division de l’état civil”)

“still-born” as a noun, means the body of a child born as a result of a still-birth and as a verb, means born as a result of a still-birth; (“mort-né”)

“warrant to bury” means a warrant to bury in a form approved by the Chief Coroner for Ontario. (“autorisation d’inhumer”) O.Reg. 214/07, s.1; O.Reg. 68/09, s.1; O.Reg. 357/11, s.1; O. Reg. 490/16, s. 1 (2); O. Reg. 307/18, s. 1.

0.2(1)If all or part of a document that a person is required to submit to the Registrar General under this Regulation is written in a language other than English or French, the person shall submit with the document,

(a) a translation into English or French done by a person whom the Registrar General views as a professional translator, together with the translator’s written declaration described in subsection (2); or

(b) a translation into English or French, together with the translator’s written declaration described in subsection (2) that is sworn under oath. O. Reg. 490/16, s. 2.

(2)The translator’s declaration shall state that,

(a) the translator understands the language of the translated document and the language of the original document; and

(b) the translator is of the opinion that the translation is complete and correct. O. Reg. 490/16, s. 2.

Registration of Births

1 (1)Upon the birth in Ontario of a child, the following persons shall give notice of the birth under section 8 of the Act in accordance with subsections (2) and (3) of this section, unless a person in attendance at the birth gives the notice in accordance with subsection (4):

1. Each legally qualified medical practitioner or midwife who attends at the birth, except if another legally qualified medical practitioner or midwife who attends at the birth gives the notice.

2. The nurse or other person in attendance at the birth, if no legally qualified medical practitioner or midwife is in attendance at the birth. O.Reg. 214/07, s.2; O.Reg. 357/11, s.2(1).

(2)The notice of birth given under subsection (1) shall be in the form that the Registrar General approves. O.Reg. 214/07, s.2; O.Reg. 68/09, s.2 (1).

(3)The person giving the notice of birth under subsection (1) shall mail or deliver it to the Registrar General within two business days after the birth. O.Reg. 357/11, s.2(2).

(4)A person in attendance at the birth may have the notice submitted electronically to the office of the Registrar General within two business days after the birth by a person and in a form approved by the Registrar General. O.Reg. 357/11, s.2(2).

(5)The person approved by the Registrar General for the purposes of subsection (4) may be the person in attendance at the birth. O.Reg. 357/11, s.2(3).

2 (1)In this section,

“assisted reproduction” has the same meaning as in subsection 1 (1) of the Children’s Law Reform Act; (“procréation assistée”)

“biological parent” means the person whose sperm resulted in the conception of a child conceived through sexual intercourse, other than through insemination by a sperm donor; (“parent biologique”)

“incapable” means unable, because of illness or death, to make a statement; (“empêché”)

“insemination by a sperm donor” has the same meaning as in subsection 1 (1) of the Children’s Law Reform Act; (“insémination par un donneur de sperme”)

“intended parent” has the same meaning as in subsection 10 (1) of the Children’s Law Reform Act; (“parent d’intention”)

“pre-conception parentage agreement” has the same meaning as in subsection 9 (1) of the Children’s Law Reform Act; (“convention de filiation antérieure à la conception”)

“spouse” has the same meaning as in subsection 1 (1) of the Children’s Law Reform Act; (“conjoint”)

“statement” means a statement mentioned in subsection (4) respecting the birth in Ontario of a child. (“déclaration”)

“surrogacy agreement” has the same meaning as in subsection 10 (1) of the Children’s Law Reform Act; (“convention de gestation pour autrui”)

“surrogate” has the same meaning as in subsection 1 (1) of the Children’s Law Reform Act; (“substitut”)

“time of conception” with respect to a child described in subsection 1 (3) of the Children’s Law Reform Act, means the day described in that subsection. (“moment de la conception”) O.Reg. 401/06, s.1; O. Reg. 490/16, s. 3 (1-4).

(2)Subject to subsections (3), (3.1) and (3.2), for the purposes of subsection 9 (1) of the Act, any one of the following groups of persons, and no other persons, is required to certify the birth in Ontario of a child:

1. The birth parent and the biological parent of the child.

2. The birth parent and that person’s spouse at the time of conception of the child, if the child is conceived through assisted reproduction or insemination by a sperm donor. O. Reg. 490/16, s. 3 (5).

(3)The duty in subsection 9 (1) of the Act to certify the birth in Ontario of a child does not apply to,

(a) the child’s birth parent, if incapable;

(b) the child’s biological parent, if incapable or unacknowledged by or unknown to the child’s birth parent; or

(c) the birth parent’s spouse at the time of conception of the child, if incapable or unacknowledged by the birth parent. O.Reg. 401/06, s.1; O. Reg. 490/16, s. 3 (6).

(3.1)For the purposes of subsection 9 (1) of the Act, any one of the following groups of persons, and no other persons, subject to subsection 9 (3) of the Children’s Law Reform Act, is required to certify the birth in Ontario of a child if the parents of the child have entered into a pre-conception parentage agreement with respect to the child in accordance with subsection 9 (2) of that Act:

1. The birth parent and the biological parent, together with up to two additional parents of the child in accordance with the agreement.

2. The birth parent and that person’s spouse at the time of conception of the child, if the child is conceived through assisted reproduction or insemination by a sperm donor, together with up to two additional parents of the child in accordance with the agreement.

3. The birth parent, together with up to three additional parents of the child in accordance with the agreement, if,

i. the child is conceived through assisted reproduction or insemination by a sperm donor, and

ii. one of the following conditions is met:

A. the birth parent did not have a spouse at the time of conception of the child, or

B. the spouse of the birth parent at the time of conception of the child had provided the written confirmation described in subsection 9 (3) of that Act and had not withdrawn the confirmation before the child was conceived. O. Reg. 490/16, s. 3 (7).

(3.2)For the purposes of subsection 9 (1) of the Act, if a surrogate gives birth to a child in Ontario and the intended parents of the child and the surrogate have entered into a surrogacy agreement with respect to the child in accordance with the Children’s Law Reform Act, no more than four intended parents under the agreement, and no other persons, are required to certify the birth. O. Reg. 490/16, s. 3 (7).

(4)A person who is required to certify the birth in Ontario of a child shall make and certify a statement in the form that the Registrar General approves respecting the birth and, subject to subsections (5) and (6.1), shall, within 30 days of the birth,

(a) mail or deliver the statement to the Registrar General; or

(b) submit the statement to the office of the Registrar General electronically in a form approved by the Registrar General. O.Reg. 357/11, s.3(1); O. Reg. 490/16, s. 3 (8).

(5)If a person has applied for a court order under Part I of the Children’s Law Reform Act within 30 days of the birth in Ontario of a child, a person who is required under subsection (4) of this section to make and certify the statement with respect to the child shall mail, deliver or submit the statement to the Registrar General within the earlier of,

(a) 45 days from the date on which the court finally disposes of the application, subject to whatever extension the court has granted under subsection (6); and

(b) the first anniversary of the date of birth of the child, subject to whatever extension the court has granted under subsection (6). O.Reg. 401/06, s.1; O.Reg. 357/11, s.3(2); O. Reg. 490/16, s. 3 (9).

(6)The court may grant an extension of a time period specified in clause (5) (a) or (b). O.Reg. 401/06, s.1.

(6.1)If the intended parents of a child born in Ontario have entered into a surrogacy agreement with respect to the child in accordance with the Children’s Law Reform Act, none of them shall certify the birth of the child or mail, deliver or submit the statement described in subsection (4) of this section until at least seven days after the birth. O. Reg. 490/16, s. 3 (10).

(7)If one or more persons who are parents are incapable, the parent or parents who make the statement shall attach a statutory declaration of the fact to the statement. O. Reg. 490/16, s. 3 (11).

(8)Another person acting on behalf of a child’s parents may make and certify the statement if,

(a) all parents are incapable;

(b) there are only two parents who have conceived the child through sexual intercourse, the child’s birth parent is incapable and the child’s biological parent is unacknowledged or unknown by the birth parent; or

(c) there are only two parents who have conceived the child through assisted reproduction or insemination by a sperm donor, the child’s birth parent is incapable and the birth parent’s spouse at the time of conception of the child is unacknowledged by the birth parent. O.Reg. 401/06, s.1; O. Reg. 490/16, s. 3 (12).

(9)A person acting on behalf of a child’s parents who makes and certifies the statement under subsection (8) shall,

(a) mail or deliver the statement, together with a statutory declaration that the circumstances described in clause (8) (a), (b) or (c) apply, to the Registrar General; or

(b) submit the statement, together with a statutory declaration that the circumstances described in clause (8) (a), (b) or (c) apply, to the office of the Registrar General electronically in a form approved by the Registrar General, if the Registrar General permits electronic submission for them. O.Reg. 357/11, s.3(3); O. Reg. 490/16, s. 3 (13).

(10)A statement shall contain particulars of the parents listed on it. O.Reg. 401/06, s.1.

(10.1)For the purpose of clause 10 (4) (a) of the Act, the prescribed evidence with respect to a single name that is given to a child is,

(a) a statement to establish that,

(i) the person certifying the birth of the child identifies as a member of a traditional culture that has a single naming practice, if only one person certifies the birth and the person is a parent of the child,

(ii) one of the persons certifying the birth of the child identifies as a member of a traditional culture that has a single naming practice, if more than one person certifies the birth and each person certifying the birth is a parent of the child, or

(iii) the child is a member of a traditional culture that has a single naming practice, if none of the persons certifying the birth are parents of the child; and

(b) evidence to establish that the traditional culture mentioned in subclause (a) (i), (ii) or (iii) has a single naming practice. O. Reg. 490/16, s. 3 (14).

(10.2), (10.3)Revoked: O.Reg. 357/11, s.3(4).

(11)If the office of the Registrar General does not receive a statement respecting a child within the time required by subsection (4) or (5), as applicable, the Registrar General may complete, certify and register a statement. O.Reg. 401/06, s.1; O.Reg. 214/07, s.3 (4); O.Reg. 357/11, s.3(5).

(11.1)If the parents of a child born in Ontario have entered into a pre-conception parentage agreement with respect to the child in accordance with the Children’s Law Reform Act and any of the parents, other than the birth parent, have certified the birth under subsection 9 (1) of the Act, the Registrar General shall not register the birth under subsection 9 (3) of the Act unless each parent who certified the birth, other than the birth parent,