Section 1 definitions of "director", "district registrar" and "registration district" BEFORE repealed by 2002-74-1(a), effective December 19, 2002 (BC Reg 381/2002).
"director" means the Director of Vital Statistics;
"district registrar" means a district registrar holding office under this Act;
"registration district" means a registration district established under this Act;
Section 1 definition of "certificate" BEFORE amended by 2002-74-1(b), effective December 19, 2002 (BC Reg 381/2002).
"certificate" means a certified extract of the prescribed particulars of a registration filed in the office of the director;
Section 1 definitions of "chief executive officer" and "vital statistics registrar" were added by 2002-74-1(c), effective December 19, 2002 (BC Reg 381/2002).
Section 1 definitions of "midwife" and "registration" were added by 2004-55-1, effective June 4, 2004 (BC Reg 246/2004).
Section 1 definitions of "burial permit", "cemetery", "cremation" and "funeral director" BEFORE amended by 2004-35-95, effective July 4, 2004 (BC Reg 274/2004).
"burial permit" means a permit to bury, cremate, remove or otherwise dispose of a dead human body;
"cemetery" includes land set apart or used as a place for the interment or other disposal of dead bodies, and includes a vault, columbarium, mausoleum and crematorium;
"cremation" means incineration of a dead body in a crematorium as provided by the Cemetery and Funeral Services Act;
"funeral director" means a person who has possession of a dead human body for the purpose of burial, cremation or other disposition;
Section 1 definitions of "cemetery owner" and "columbarium" BEFORE repealed by 2004-35-95, effective July 4, 2004 (BC Reg 274/2004).
"cemetery owner" includes the manager, superintendent, caretaker or other person in charge of a cemetery;
"columbarium" means a structure designed for the purpose of storing the ashes of human remains which have been cremated;
Section 1 definition of "assisted reproduction" was added by 2011-25-453, effective March 18, 2013 (BC Reg 131/2012).
Section 1 definitions of "burial permit" and "chief executive officer" BEFORE repealed by 2014-14-93(a), effective May 29, 2014 (Royal Assent).
"burial permit" means a permit to bury or otherwise dispose of a dead human body;
"chief executive officer" means the chief executive officer of vital statistics referred to in section 31 (2);
Section 1 definitions of "disposition permit" and "registrar general" were added by 2014-14-93(a), effective May 29, 2014 (Royal Assent).
Section 1 definition of "given name" BEFORE amended by 2014-14-93(a), effective May 29, 2014 (Royal Assent).
"given name" includes a Christian name and a baptismal name;
Section 1 definition of "certificate" BEFORE amended by 2014-14-93(b), effective May 29, 2014 (Royal Assent).
"certificate" means a certified extract of the prescribed particulars of a registration filed in the office of the chief executive officer;
Section 1 definitions of "parent" and "surname" were added by 2014-14-93(c), effective May 29, 2014 (Royal Assent).
Section 1 definition of "midwife" BEFORE amended by 2021-3-33, effective September 1, 2020 [retro from March 25, 2021 (Royal Assent)].
"midwife" means a person who is registered as a member of the College of Midwives of British Columbia;
Section 2 BEFORE amended by 2002-74-2, effective December 19, 2002 (BC Reg 381/2002).
Duty to give notices of births
2 (1) Every medical practitioner who attends at a birth must give notice of the birth.
(2) If there is no medical practitioner in attendance at a birth, the nurse or other person in attendance must give notice of the birth.
(3) The notice must be in the form required by the director, and must be given by mailing it within 48 hours after the day of the birth, addressed to the district registrar of the district within which the birth occurred.
Section 2 (1) and (2) BEFORE amended by 2004-55-2, effective June 4, 2004 (BC Reg 246/2004).
2 (1) Each medical practitioner who attends at a birth must give notice of the birth.
(2) If no medical practitioner attends at a birth, the nurse or other person who attends must give notice of the birth.
Section 2 (1) and (2) BEFORE amended by 2011-24-20, effective August 1, 2012 (BC Reg 121/2012).
(1) Each medical practitioner or midwife who attends at a birth must give notice of the birth.
(2) If no medical practitioner or midwife attends at a birth, the nurse or other person who attends must give notice of the birth.
Section 2 (5) BEFORE amended by 2014-14-94, effective May 29, 2014 (Royal Assent).
(5) A notice under this section, in the form required by the chief executive officer, must be delivered to the chief executive officer within 48 hours after the date of the birth.
Section 3 (1) and (2) BEFORE amended by 2002-74-3, effective December 19, 2002 (BC Reg 381/2002).
(1) Within 30 days after the birth of a child in British Columbia,
(a) the mother and the father of the child,
(b) the child's mother, if the father is incapable or is unacknowledged by or unknown to the mother,
(c) the child's father, if the mother is incapable, or
(d) if neither parent is capable or if the mother is incapable and the father is unacknowledged by or unknown to her, the person standing in the place of the parents of the child
must complete and deliver to the district registrar a statement in the form required by the director respecting the birth.
(2) If no person referred to in subsection (1) delivers a statement to the district registrar, the director may prepare the statement with the information provided in the notice of birth received under section 2.
Section 3 (3) BEFORE amended by 2002-25-68, effective May 9, 2002 (Royal Assent).
(3) If the statement is made by a person under subsection (1) (b), (c) or (d), the person making the statement must make and submit with the statement an affidavit setting out the facts that require the statement to be made by the declarant.
Section 3 (6) and (6.1) BEFORE amended by 2002-74-3(a), effective December 19, 2002 (BC Reg 381/2002).
(6) If a statement completed by only one parent of the child or by a person who is not the child's parent is registered, the director must alter the registration of birth on application of any of the following persons:
(a) the child's mother and father together;
(b) the child's mother, if the father is incapable or is unacknowledged by or unknown to the mother;
(c) the child's father, if the mother is incapable;
(d) the child's mother or father, if the application is accompanied by a copy of an order of the court declaring the child's paternity, unless the court orders that the father's particulars are not to be included on the child's registration of birth.
(6.1) Subsection (6) (d) does not apply to an order of the court declaring the child's paternity made before October 1, 2002, but
(a) the mother or father may apply to the court in the proceeding in which the paternity order was made for an order that the father's particulars are to be included on the child's registration of birth, and
(b) the director must alter the registration of birth on application of the mother or father if the application is accompanied by a copy of an order under paragraph (a).
Section 3 BEFORE amended and (1.1) added by 2011-25-454, effective March 18, 2013 (BC Reg 131/2012).
Reporting of birth
3 (1) Within 30 days after the birth of a child in British Columbia,
(a) the mother and the father of the child,
(b) the child's mother, if the father is incapable or is unacknowledged by or unknown to the mother,
(c) the child's father, if the mother is incapable, or
(d) if neither parent is capable or if the mother is incapable and the father is unacknowledged by or unknown to her, the person standing in the place of the parents of the child
must complete and deliver to the chief executive officer a statement in the form required by the chief executive officer respecting the birth.
(2) If no person referred to in subsection (1) delivers a statement to the chief executive officer, the chief executive officer may prepare the statement with the information provided in the notice of birth received under section 2.
(3) If the statement is made by a person under subsection (1) (c) or (d), the person making the statement must make and submit with the statement an affidavit setting out the facts that require the statement to be made by the declarant.
(4) If a pregnancy results in the birth of more than one child, a separate statement for each child must be completed and delivered as provided in subsection (1), and each statement must state the number of children born and their order of birth.
(5) A statement must contain particulars of the mother and, if the father makes the statement, particulars of the father.
(6) If a statement completed by only one parent of the child or by a person who is not the child's parent is registered, the chief executive officer must alter the registration of birth on application of any of the following persons:
(a) the child's mother and father together;
(b) the child's mother, if the father is incapable or is unacknowledged by or unknown to the mother;
(c) the child's father, if the mother is incapable;
(d) the child's mother or father, if the application is accompanied by a copy of an order of the court declaring the child's paternity, unless the court orders that the father's particulars are not to be included on the child's registration of birth.
(6.1) Subsection (6) (d) does not apply to an order of the court declaring the child's paternity made before October 1, 2002, but
(a) the mother or father may apply to the court in the proceeding in which the paternity order was made for an order that the father's particulars are to be included on the child's registration of birth, and
(b) the chief executive officer must alter the registration of birth on application of the mother or father if the application is accompanied by a copy of an order under paragraph (a).
(7) If one parent applies to alter the registration of birth without the other because the other parent is incapable, the applicant must make and submit with the application an affidavit specifying the nature of the incapacity.
Section 3 (1), (1.1), (2), (3), (6), (6.1) and (7) BEFORE amended by 2014-14-95, effective May 29, 2014 (Royal Assent).
(1) Within 30 days after the birth of a child in British Columbia, a statement in the form and containing the information the chief executive officer requires respecting the birth must be completed and delivered to the chief executive officer as follows:
(a) by the mother and the father of the child;
(b) by the child's mother, if the father is incapable, deceased or unacknowledged by or unknown to the mother;
(c) by the child's father, if the mother is incapable or deceased;
(d) if neither parent is capable or living, or if the mother is incapable or deceased and the father is unacknowledged by or unknown to her, by the person standing in the place of the parents of the child.
(1.1) Despite subsection (1), if a child is born as a result of assisted reproduction, the statement referred to in that subsection must completed and delivered to the chief executive officer within 30 days after the birth of the child in British Columbia as follows:
(a) by the parents of the child;
(b) if a parent is incapable or deceased, by
(i) the other parent of the child, or
(ii) if the child has more than one other parent, the child's other parents;
(c) if the child has one parent only and paragraph (b) does not apply, by the parent of the child;
(d) if no parent is capable or living, by the person standing in the place of the parents of the child.
(2) If no person referred to in subsection (1) or (1.1) delivers a statement to the chief executive officer, the chief executive officer may prepare the statement with the information provided in the notice of birth received under section 2.
(3) If the statement is made by a person under subsection (1) (c) or (d) or (1.1) (d) the person making the statement must make and submit with the statement an affidavit setting out the facts that require the statement to be made by the declarant.
(6) If a statement completed by only one parent of the child or by a person who is not the child's parent is registered, the chief executive officer must alter the registration of birth on application by
(a) the person or persons referred to in subsection (1) (a), (b) or (c) or (1.1) (a), (b) or (c), as applicable, or
(b) a parent of the child, if the application is accompanied by a copy of an order of the court declaring the child's paternity or parentage, unless the court orders that a parent's particulars are not to be included on the child's registration of birth.
(6.1) Subsection (6) (b) does not apply to an order of the court declaring the child's paternity made before October 1, 2002, but
(a) the mother or father may apply to the court in the proceeding in which the paternity order was made for an order that the father's particulars are to be included on the child's registration of birth, and
(b) the chief executive officer must alter the registration of birth on application of the mother or father if the application is accompanied by a copy of an order under paragraph (a).
(7) If a parent applies to alter the registration of birth without another parent because that other parent is incapable, the applicant must make and submit with the application an affidavit specifying the nature of the incapacity.
Section 4 (1) (b), (c) and (d) BEFORE amended by 2011-25-455, effective March 18, 2013 (BC Reg 131/2012).
(b) if both parents complete the statement under section 3, the surname must be a surname chosen by both of them;
(c) if both parents complete the statement under section 3, but do not agree on the child's surname, the surname must be
(i) the parents' surname, if they have the same surname, or
(ii) a surname consisting of both parents' surnames hyphenated or combined in alphabetical order, if they have different surnames;
(d) if a person who is not the child's parent completes the statement under section 3, the surname must be
(i) the parents' surname, if they have the same surname,
(ii) a surname consisting of both parents' surnames hyphenated or combined in alphabetical order, if they have different surnames, or
(iii) if only one parent is known, that parent's surname;
Section 4 (2) BEFORE amended by 2011-25-455, effective March 18, 2013 (BC Reg 131/2012).
(2) Despite subsection (1), a surname must not contain more than 2 surnames hyphenated or combined, and if the mother or father or both have a hyphenated or combined surname, only one of the names in that surname or those surnames must be used.
Section 4.1 (2) BEFORE amended by 2011-25-456, effective March 18, 2013 (BC Reg 131/2012).
(2) If an order under subsection (1) is in respect of a child's surname, the court must order the child's surname to be
(a) the surname of either parent, or
(b) a surname consisting of both parents' surnames hyphenated or combined in alphabetical order, in which case, section 4 (2) and (3) applies.
Section 4.1 (4) BEFORE amended by 2014-14-96, effective May 29, 2014 (Royal Assent).
(4) If an order is made under subsection (1),
(a) the chief executive officer must record the child's name on the registration of birth, consistent with the order of the court, and
(b) a birth certificate issued after recording the name under paragraph (a) must be issued as if the original registration had contained that name.
Section 5 BEFORE amended by 2002-74-4, effective December 19, 2002 (BC Reg 381/2002).
5 If the director or district registrar is not satisfied as to the truth and sufficiency of the statement required under section 3 (1), he or she may, in order to obtain additional evidence as may be necessary,
Section 5 BEFORE amended by 2011-25-457, effective March 18, 2013 (BC Reg 131/2012).
5 If the chief executive officer is not satisfied as to the truth and sufficiency of the statement required under section 3 (1), he or she may, in order to obtain additional evidence as may be necessary,
Section 5 BEFORE repealed by 2014-14-97, effective May 29, 2014 (Royal Assent).
Additional evidence required
5 If the chief executive officer is not satisfied as to the truth and sufficiency of the statement required under section 3 (1) or (1.1), as applicable, he or she may, in order to obtain additional evidence as may be necessary,
(a) require the attendance of the person who signed the statement or of any other person, and
(b) examine that person respecting any matter pertaining to the registration of the birth.
Section 6 BEFORE amended by 2002-74-5, effective December 19, 2002 (BC Reg 381/2002).
6 If, within one year after a birth, the director receives a statement in the form required by the director respecting the birth, the director must register the birth if satisfied as to the truth and sufficiency of the statement.
Section 6 BEFORE amended by 2014-14-98, effective May 29, 2014 (Royal Assent).
Birth registration within one year
6 If, within one year after a birth, the chief executive officer receives a statement in the form required by the chief executive officer respecting the birth, the chief executive officer must register the birth if satisfied as to the truth and sufficiency of the statement.
Section 7 BEFORE amended by 2002-74-5, effective December 19, 2002 (BC Reg 381/2002).
7 If a birth is not registered within one year after the birth and application for the registration is
(a) made by any person to the director in the form required by the director,
(b) verified by affidavit, and
(c) accompanied by a statement in the form required by the director respecting the birth and other evidence as may be prescribed,
the director must register the birth if satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith.
Section 7 BEFORE amended by 2014-14-98, effective May 29, 2014 (Royal Assent).
Birth registration after one year
7 If a birth is not registered within one year after the birth and application for the registration is
(a) made by any person to the chief executive officer in the form required by the chief executive officer,
(b) verified by affidavit, and
(c) accompanied by a statement in the form required by the chief executive officer respecting the birth and other evidence as may be prescribed,
the chief executive officer must register the birth if satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith.
Section 8 BEFORE amended by 2002-74-6, effective December 19, 2002 (BC Reg 381/2002).
8 (1) If a newborn child is found deserted, the person who finds the child, and any person in whose charge the child may be, must give to the district registrar of the registration district in which the child is found, within 7 days after the finding or taking charge of the child, the information that the person has regarding the particulars required to be registered concerning the birth of the child.
(2) The district registrar, on receipt of the information regarding the birth of the child, and on being satisfied that every reasonable effort has been made to identify the child without success must do the following:
(a) require the person who found or has charge of the child to complete an affidavit concerning the facts of the finding of the child and to complete, so far as the person is able, a statement in the form required under section 3 (1);
(b) cause the child to be examined by the local medical health officer or other 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 an affidavit setting out the facts as determined by the examination;
(c) make a detailed report of the case and transmit to the director the evidence regarding the birth of the child.
(3) The fee for an examination made by a medical practitioner under subsection (2) may be prescribed by the Lieutenant Governor in Council.
(4) The director, on receipt of the report and the evidence mentioned in subsection (2), must
(a) review the case, and
(b) if satisfied as to the correctness and sufficiency of the matters stated, register the birth.
(5) A registration under subsection (4) must, subject to subsections (7) and (8), establish for the child a date of birth, a place of birth and a surname and given name.
(6) The director, on registering a birth under this section, must transmit to the director designated under the Child, Family and Community Service Act for the purposes of this section a copy of all documents filed under this section respecting the child.
(7) 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 to it is received by the director, the director must
(a) add to or correct the registration of the birth made under this section, or
(b) cancel the registration of birth made under this section and 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.
(8) If a new registration of the birth of a child is made under subsection (7),
(a) the date of registration must be as shown on the registration first made, and
(b) a certificate in respect of the first registration must not be issued after that.
(9) The director must promptly notify the director designated under the Child, Family and Community Service Act for the purposes of this section of any action taken under subsection (7).
(10) If 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 (7), the person must deliver the certificate to the director for cancellation if the director so requires.
Section 8 (10) BEFORE repealed by 2004-55-5, effective June 4, 2004 (BC Reg 246/2004).
(10) If the registration is cancelled under subsection (7), a person who has received a certificate issued in respect of the registration of the birth of a child made under subsection (4) must deliver the certificate to the chief executive officer for cancellation if the chief executive officer requires it.
Section 8 (2) (b) BEFORE amended by 2011-24-21(a), effective August 1, 2012 (BC Reg 121/2012).
(b) cause the child to be examined by the local medical health officer or other 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 an affidavit setting out the facts as determined by the examination.
Section 8 BEFORE amended by 2014-14-99, effective May 29, 2014 (Royal Assent).
Foundlings
8 (1) If a newborn child is found deserted, the person who finds the child, and any person in whose charge the child may be, must provide to the chief executive officer, within 7 days after the finding or taking charge of the child, the information that the person has regarding the particulars required to be registered concerning the birth of the child.
(2) The chief executive officer, on receipt of the information regarding the birth of the child, and on being satisfied that every reasonable effort has been made to identify the child without success must do the following:
(a) require the person who found or has charge of the child to complete an affidavit concerning the facts of the finding of the child and to complete, so far as the person is able, a statement in the form required under section 3 (1);
(b) cause the child to be examined by one of the following, with a view to determining as nearly as possible the date of the birth of the child:
(i) the local medical health officer,
(ii) another medical practitioner, or
(d) require the examiner to make an affidavit setting out the facts as determined by the examination conducted under paragraph (b).
(3) The fee for an examination made by a medical practitioner under subsection (2) may be prescribed by the Lieutenant Governor in Council.
(4) The chief executive officer, on receipt of the affidavits and statement mentioned in subsection (2), must
(b) if satisfied as to the correctness and sufficiency of the matters stated, register the birth.
(5) A registration under subsection (4) must, subject to subsections (7) and (8), establish for the child a date of birth, a place of birth and a surname and given name.
(6) The chief executive officer, on registering a birth under this section, must transmit to the director designated under the Child, Family and Community Service Act for the purposes of this section a copy of all documents filed under this section respecting the child.
(7) If, subsequent to the registration of a birth under this section, the identity of the child is established to the satisfaction of the chief executive officer or further information with respect to it is received by the chief executive officer, the chief executive officer must
(a) add to or correct the registration of the birth made under this section, or
(b) cancel the registration of birth made under this section and 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.
(8) If a new registration of the birth of a child is made under subsection (7),
(a) the date of registration must be as shown on the registration first made, and
(b) a certificate in respect of the first registration must not be issued after that.
(9) The chief executive officer must promptly notify the director designated under the Child, Family and Community Service Act for the purposes of this section of any action taken under subsection (7).
Section 9 (1) to (3) BEFORE amended by 2002-74-7(a), effective December 19, 2002 (BC Reg 381/2002).
(1) Despite sections 4, 6 and 7, if the director considers that a name that a person applying for registration of a birth or an amendment to a registration of birth seeks to give to a child
(a) might reasonably be expected to cause
(i) mistake or confusion, or
(ii) embarrassment to the child or another person,
(b) is sought for an improper purpose, or
(c) is, on any other ground, objectionable,
the director must
(d) register the birth without the name applied for or refuse to amend the existing name on a birth registration, as the case may be, and
(e) notify the applicant promptly of the decision.
(2) If, under subsection (1), the director registers the birth without the name applied for or refuses to amend the existing name on a birth registration, the applicant may, within 30 days after receipt of notification of the refusal, appeal the refusal to the minister.
(3) The minister may, in the best interests of the child, the applicant and the public, order the director to alter the birth registration to include the name that the applicant applied for or may confirm the director's decision.
Section 9 (3) to (5) BEFORE amended by 2002-74-7(b), effective December 19, 2002 (BC Reg 381/2002).
(3) The minister may, in the best interests of the child, the applicant and the public, order the director to alter the birth registration to include the name that the applicant applied for or may confirm the director's decision.
(4) The minister must promptly notify the applicant of the decision.
(5) If an appeal is made to the minister under subsection (2) and the minister confirms the director's decision, the applicant may, within 30 days after receipt of notification of the minister's decision, appeal to the Supreme Court.
Section 9 BEFORE amended by 2014-14-100, effective May 29, 2014 (Royal Assent).
Registration of names
9 (1) Despite sections 4, 6 and 7, if the chief executive officer considers that a name that a person applying for registration of a birth or an amendment to a registration of birth seeks to give to a child
(a) might reasonably be expected to cause
(ii) embarrassment to the child or another person,
(b) is sought for an improper purpose, or
(c) is, on any other ground, objectionable,
the chief executive officer must
(d) register the birth without the name applied for or refuse to amend the existing name on a birth registration, as the case may be, and
(e) notify the applicant promptly of the decision.
(2) If, under subsection (1), the chief executive officer registers the birth without the name applied for or refuses to amend the existing name on a birth registration, the applicant may, within 30 days after receipt of notification of the refusal, appeal the refusal to the minister.
(3) The minister may, in the best interests of the child, the applicant and the public, order the chief executive officer to alter the birth registration to include the name that the applicant applied for or may confirm the chief executive officer's decision.
(4) The minister must promptly notify the applicant of the decision.
(5) If an appeal is made to the minister under subsection (2) and the minister confirms the chief executive officer's decision, the applicant may, within 30 days after receipt of notification of the minister's decision, appeal to the Supreme Court.
(6) On an appeal to the Supreme Court under this section, the court may consider the evidence that in the opinion of the court is relevant and may make an order it considers just.
Section 10 (2) and (3) BEFORE amended by 2002-74-8, effective December 19, 2002 (BC Reg 381/2002).
(2) Both parents, the surviving parent, the guardian of the child or the child after the child has attained the age of 19 years may deliver or cause to be delivered to the director
(a) an affidavit in the form required by the director setting out the particulars of the change or of the name given, and
(b) either
(i) a baptismal certificate showing the given name under which the child was baptized, or
(ii) if a baptismal certificate is not obtainable, other documentary evidence satisfactory to the director.
(3) On being satisfied that the application under subsection (2) is made in good faith and on payment of the prescribed fee, the director must record the alteration or addition.
Section 10 (7) and (8) BEFORE amended by 2002-74-8, effective December 19, 2002 (BC Reg 381/2002).
(7) If a person whose signature is required under this section cannot be located after adequate search, the applicant and the director may proceed without the certificate of that person.
(8) The director is to be the judge of the sufficiency of the evidence that the person cannot be located.
Section 10 (1) BEFORE amended by 2004-55-6, effective June 4, 2004 (BC Reg 246/2004).
(1) Subject to section 9 and except in a case to which section 26 applies, this section applies if the birth of a child has been registered, and
Section 10 (2) BEFORE amended by 2011-25-458, effective March 18, 2013 (BC Reg 131/2012).
(2) Both parents, the surviving parent, the guardian of the child or the child after the child has attained the age of 19 years may deliver or cause to be delivered to the chief executive officer
Section 10 BEFORE amended by 2014-14-101, effective May 29, 2014 (Royal Assent).
Alteration or addition of given names by chief executive officer
10 (1) Subject to section 9 and except in a case to which section 4.1 or 26 applies, this section applies if the birth of a child has been registered, and
(a) the given name of the child is desired to be changed, or
(b) the birth of the child was registered without a given name.
(2) The parents, the surviving parent, the guardian of the child or the child after the child has attained the age of 19 years may deliver or cause to be delivered to the chief executive officer
(a) an affidavit in the form required by the chief executive officer setting out the particulars of the change or of the name given, and
(i) a baptismal certificate showing the given name under which the child was baptized, or
(ii) if a baptismal certificate is not obtainable, other documentary evidence satisfactory to the chief executive officer.
(3) On being satisfied that the application under subsection (2) is made in good faith and on payment of the prescribed fee, the chief executive officer must record the alteration or addition.
(4) An alteration or addition must not be made under this section unless the name of the child was changed or the name was given to the child within 12 years next after the day of the birth.
(5) An alteration or addition must not be made to a given name in a registration of a birth, except as provided in this Act.
(6) A birth certificate issued after the making of an alteration or addition under this section must be prepared as if the registration had been made containing the changed or added given name at the time of registration.
(7) If a person whose signature is required under this section cannot be located after adequate search, the applicant and the chief executive officer may proceed without the certificate of that person.
(8) The chief executive officer is to be the judge of the sufficiency of the evidence that the person cannot be located.
Section 10 (1) BEFORE amended by 2024-25-8(a), effective September 1, 2024 (BC Reg 230/2024).
(1) Subject to section 9 and except in a case to which section 4.1 or 26 applies, this section applies if a child's birth has been registered and an amendment to the registration is desired respecting the child's given name.
Section 11 (2), (3), (4), (5) and (6) BEFORE amended by 2002-74-9, effective December 19, 2002 (BC Reg 381/2002).
(2) If a stillbirth occurs, the person who would have been responsible for making the statement under section 3, if it had been a birth, must prepare and deliver to the funeral director a statement in the form required by the director respecting the stillbirth.
(3) Every medical practitioner in attendance at a stillbirth, or, if there is no medical practitioner in attendance, a medical practitioner or a coroner, must complete the medical certificate included in the form required by the director showing the cause of the stillbirth and must deliver it to the funeral director.
(4) On receipt of the statement, the funeral director must
(a) complete the statement, setting out the proposed date and place of burial, cremation or other disposition of the body, and
(b) deliver or cause to be delivered the statement to the district registrar of the registration district in which the stillbirth occurred.
(5) On receipt of the statement, the district registrar must register the stillbirth if satisfied as to the truth and sufficiency of the statement.
(6) On the registration of a stillbirth, the district registrar must promptly prepare and deliver to the person requiring them for the purpose of the burial, cremation or other disposition of the body of the stillborn child
(a) an acknowledgment that the stillbirth is registered, and
(b) a burial permit.
Section 11 (2) BEFORE amended by 2004-55-7, effective June 4, 2004 (BC Reg 246/2004).
(2) If a stillbirth occurs, the person who would have been responsible for making the statement under section 3, if it had been a birth, must prepare and deliver to the funeral director a statement in the form required by the chief executive officer respecting the stillbirth.
Section 11 (4) (a) BEFORE amended by 2004-35-96, effective July 4, 2004 (BC Reg 274/2004).
(a) complete the statement, setting out the proposed date and place of burial, cremation or other disposition of the body, and
Section 11 (6) BEFORE amended by 2004-35-96, effective July 4, 2004 (BC Reg 274/2004).
(6) On the registration of a stillbirth, a vital statistics registrar must promptly prepare a burial permit and deliver it to the person requiring it for the purpose of the burial, cremation or other disposition of the body of the stillborn child.
Section 11 (2) (a) BEFORE amended by 2011-25-459, effective March 18, 2013 (BC Reg 131/2012).
(a) the mother or father, or
Section 11 (2), (3) and (6) BEFORE amended by 2014-14-102, effective May 29, 2014 (Royal Assent).
(2) Within 48 hours after a stillbirth in British Columbia, a statement in the form required by the chief executive officer respecting the stillbirth must be completed and delivered to a funeral director or the chief executive officer by
(a) a parent of the stillborn child, or
(b) an adult person, including the funeral director, having knowledge of the facts relevant to the stillbirth.
(3) Every medical practitioner in attendance at a stillbirth, or, if there is no medical practitioner in attendance, a medical practitioner or a coroner, must complete the medical certificate included in the form required by the chief executive officer showing the cause of the stillbirth and must deliver it to the funeral director.
(6) On the registration of a stillbirth, a vital statistics registrar must promptly prepare a burial permit and deliver it to the person requiring it for the purpose of the burial or other disposition of the body of the stillborn child.
Section 12 BEFORE amended by 2002-74-10, effective December 19, 2002 (BC Reg 381/2002).
12 (1) On receipt of a copy of an order of adoption transmitted under the Adoption Act, the director must register the adoption.
(2) If, at the time of the registration of the adoption, or at any time afterward, there is in the office of the director a registration of the birth of the person adopted, the director, on production of evidence satisfactory to the director of the identity of the person, must delete the original birth registration from the registration files and substitute a birth registration in accordance with the facts contained in the order of adoption.
(3) If a person is adopted under an order, judgment or decree of adoption made by a court of competent jurisdiction in another province, state or country, the director,
(a) on receipt of a certified copy of the order, judgment or decree, and
(b) on production of evidence satisfactory to the director of the identity of the person,
must, if there is in the director's office a registration of the birth of that person, register the adoption in the manner referred to in subsection (1) and substitute the birth registration in the manner referred to in subsection (2).
(4) If a person born outside British Columbia is adopted under the Adoption Act, the director may transmit a certified copy of the order of adoption to the person who has charge of the registration of births in the province, state or country in which the person was born.
Section 12 BEFORE amended by 2007-36-178.1, effective April 3, 2009 (BC Reg 55/2009).
Note: 2007-36-178.1 above was enacted by 2007-43-29, effective April 3, 2009 (BC Reg 55/2009).
Registration of adoption
12 (1) On receipt of a copy of an order of adoption transmitted under the Adoption Act, the chief executive officer must register the adoption.
(2) If, at the time of the registration of the adoption, or at any time afterward, there is in the office of the chief executive officer a registration of the birth of the person adopted, the chief executive officer, on production of evidence satisfactory to the chief executive officer of the identity of the person, must delete the original birth registration from the registration files and substitute a birth registration in accordance with the facts contained in the order of adoption.
(3) If a person is adopted under an order, judgment or decree of adoption made by a court of competent jurisdiction in another province, state or country, the chief executive officer,
(a) on receipt of a certified copy of the order, judgment or decree, and
(b) on production of evidence satisfactory to the chief executive officer of the identity of the person,
must, if there is in the chief executive officer's office a registration of the birth of that person, register the adoption in the manner referred to in subsection (1) and substitute the birth registration in the manner referred to in subsection (2).
(4) If a person born outside British Columbia is adopted under the Adoption Act, the chief executive officer may transmit a certified copy of the order of adoption to the person who has charge of the registration of births in the province, state or country in which the person was born.
Section 12 BEFORE amended by 2014-14-103, effective May 29, 2014 (Royal Assent).
Registration of adoption
12 (1) The chief executive officer must register an adoption on receipt of
(a) a copy of the order of adoption transmitted under the Adoption Act, or
(b) the notice of adoption given under section 12.1 of this Act.
(2) If, at the time of the registration of the adoption, or at any time afterward, there is in the office of the chief executive officer a registration of the birth of the person adopted, the chief executive officer, on production of evidence satisfactory to the chief executive officer of the identity of the person, must delete the original birth registration from the registration files and substitute a birth registration in accordance with the facts contained in the order or notice of adoption.
(3) If a person is adopted under an order, judgment or decree of adoption made by a court of competent jurisdiction in another province, state or country, the chief executive officer,
(a) on receipt of a certified copy of the order, judgment or decree, and
(b) on production of evidence satisfactory to the chief executive officer of the identity of the person,
must, if there is in the chief executive officer's office a registration of the birth of that person, register the adoption in the manner referred to in subsection (1) and substitute the birth registration in the manner referred to in subsection (2).
(4) If a person born outside British Columbia is adopted in British Columbia, the chief executive officer may transmit to the person who has charge of the registration of births in the province, state or country in which the person was born,
(a) for adoptions under the Adoption Act, a certified copy of the order of adoption, or
(b) for adoptions under a law of a treaty first nation, a copy of the notice of adoption under section 12.1 of this Act, if any.
Section 12.1 was enacted by 2007-36-178.2, effective April 3, 2009 (BC Reg 55/2009).
Note: 2007-36-178.2 above was enacted by 2007-43-29, effective April 3, 2009 (BC Reg 55/2009).
Section 12.1 BEFORE amended by 2014-14-104 and 105, effective May 29, 2014 (Royal Assent).
Notice of adoptions under treaty first nation laws
12.1 (1) If a treaty first nation makes a law in accordance with its final agreement providing for the adoption of children, the treaty first nation may give notice to the chief executive officer of an adoption occurring under that law.
(2) A notice under subsection (1) must be given in the form required by the chief executive officer.
Section 12.1 (2) BEFORE amended by 2010-21-33(b), effective February 1, 2021 (BC Reg 20/2021).
(2) A notice under subsection (1) must be given in the form required by the registrar general.
Section 13 BEFORE amended by 2002-74-11, effective December 19, 2002 (BC Reg 381/2002).
13 The director must maintain a special register in which the director must keep
(a) the original birth registrations withdrawn from the registration files under section 12, and
(b) the copies of all orders, judgments and decrees received by the director for the purposes of section 12, other than the copy required for the purposes of section 12 (4).
Section 13 BEFORE amended by 2014-14-106, effective May 29, 2014 (Royal Assent).
Special register of adoptions
13 The chief executive officer must maintain a special register in which the chief executive officer must keep
(a) the original birth registrations withdrawn from the registration files under section 12, and
(b) the copies of all orders, judgments and decrees received by the chief executive officer for the purposes of section 12, other than the copy required for the purposes of section 12 (4).
Section 14 (1) BEFORE amended by 2002-74-11, effective December 19, 2002 (BC Reg 381/2002).
(1) If a child born in British Columbia is adopted under the laws of British Columbia or of another jurisdiction and a registration of adoption has been made under section 12, a certificate of birth of that child subsequently issued by the director
(a) must be in accordance with the new birth registration, and
(b) in any case where parentage is shown, must indicate the adopting parents in accordance with the Adoption Act,
and nothing must appear on any certificate issued by the director that would disclose that the child is an adopted child.
Section 14 (1) BEFORE amended by 2007-36-178.3, effective April 3, 2009 (BC Reg 55/2009).
Note: 2007-36-178.3 above was enacted by 2007-43-29, effective April 3, 2009 (BC Reg 55/2009).
(1) If a child born in British Columbia is adopted under the laws of British Columbia or of another jurisdiction and a registration of adoption has been made under section 12, a certificate of birth of that child subsequently issued by the chief executive officer
(a) must be in accordance with the new birth registration, and
(b) in any case where parentage is shown, must indicate the adopting parents in accordance with the Adoption Act,
and nothing must appear on any certificate issued by the chief executive officer that would disclose that the child is an adopted child.
Section 14 BEFORE amended by 2014-14-107, effective May 29, 2014 (Royal Assent).
Birth certificate after adoption
14 (1) If a child born in British Columbia is adopted under the laws of British Columbia, of a treaty first nation or of another jurisdiction and a registration of adoption has been made under section 12, a certificate of birth of that child subsequently issued by the chief executive officer
(a) must be in accordance with the new birth registration, and
(b) in any case where parentage is shown, must indicate the adopting parents in accordance with the Adoption Act or the notice under section 12.1 of this Act,
and nothing must appear on any certificate issued by the chief executive officer that would disclose that the child is an adopted child.
(2) Subsection (1) is subject to sections 63 and 64 of the Adoption Act.
Section 14 (1) (part) BEFORE amended by 2010-21-34, effective February 1, 2021 (BC Reg 20/2021).
(1) If a child born in British Columbia is adopted under the laws of British Columbia, of a treaty first nation or of another jurisdiction and a registration of adoption has been made under section 12, a certificate of birth of that child subsequently issued by the registrar general
Section 15 (2), (3) and (4) BEFORE amended by 2002-74-12, effective December 19, 2002 (BC Reg 381/2002).
(2) A person authorized by law to solemnize marriage in British Columbia must, immediately after the person solemnizes a marriage, prepare a statement in the form required by the director respecting the marriage, which statement must be signed by all of the following:
(a) each of the parties to the marriage;
(b) at least 2 witnesses to the marriage;
(c) the person by whom the marriage was solemnized.
(3) The person by whom the marriage was solemnized must, within 2 days after the day of the marriage, deliver the completed statement to the district registrar of the registration district in which the marriage was solemnized.
(4) On the receipt within one year from the day of a marriage of a completed statement respecting the marriage, the director must register the marriage if satisfied as to the truth and sufficiency of the statement.
Section 15 (2) to (4) BEFORE amended by 2014-14-108, effective May 29, 2014 (Royal Assent).
(2) A person authorized by law to solemnize marriage in British Columbia must, immediately after the person solemnizes a marriage, prepare a statement in the form required by the chief executive officer respecting the marriage, which statement must be signed by all of the following:
(a) each of the parties to the marriage;
(b) at least 2 witnesses to the marriage;
(c) the person by whom the marriage was solemnized.
(3) The person who solemnized the marriage must provide the chief executive officer with the statement completed under subsection (2) within 2 days after the date of the marriage.
(4) On the receipt within one year from the day of a marriage of a completed statement respecting the marriage, the chief executive officer must register the marriage if satisfied as to the truth and sufficiency of the statement.
Section 16 BEFORE amended by 2002-74-13, effective December 19, 2002 (BC Reg 381/2002).
16 If a marriage is not registered within one year from the day of the marriage and application for registration of it is made by any person to the director by affidavit accompanied by
(a) a statement in the form required by the director respecting the marriage, and
(b) other evidence as may be prescribed,
the director must register the marriage if satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith.
Section 16 BEFORE amended by 2014-14-108, effective May 29, 2014 (Royal Assent).
Marriage registration after one year
16 If a marriage is not registered within one year from the day of the marriage and application for registration of it is made by any person to the chief executive officer by affidavit accompanied by
(a) a statement in the form required by the chief executive officer respecting the marriage, and
(b) other evidence as may be prescribed,
the chief executive officer must register the marriage if satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith.
Section 17 (2) BEFORE amended by 2002-74-14(a), effective December 19, 2002 (BC Reg 381/2002).
(2) The personal particulars of the deceased person must, on the request of the funeral director, be set out in a statement in the form required by the director and delivered to the funeral director by one of the following as applicable:
Section 17 (2) (b) BEFORE amended by 2002-74-14(b), effective December 19, 2002 (BC Reg 381/2002).
(b) if no such relative is available, by any relative of the deceased residing or being in the registration district;
Section 17 (2) (f) BEFORE amended by 2007-15-85, effective September 26, 2007 (BC Reg 298/2007).
(f) by the coroner who has been notified of the death and has made an inquiry or held an inquest regarding the death.
Section 17 (2) BEFORE amended by 2014-14-108, effective May 29, 2014 (Royal Assent).
(2) The personal particulars of the deceased person must, on the request of the funeral director, be set out in a statement in the form required by the chief executive officer and delivered to the funeral director by one of the following as applicable:
(a) by the nearest relative of the deceased present at the death or in attendance at the last illness of the deceased;
(b) if no such relative is available, by any relative of the deceased;
(c) if no relative is available, by any adult person present at the death;
(d) by any other adult person having knowledge of the facts;
(e) by the occupier of the premises in which the death occurred;
(f) by the coroner who has been notified of the death and has made an investigation or held an inquest regarding the death.
Section 18 (2) (a) BEFORE amended by 2002-74-15(a), effective December 19, 2002 (BC Reg 381/2002).
(a) complete and sign a medical certificate in the form required by the director stating in it the cause of death according to the international classification, and
Section 18 (4) BEFORE amended by 2002-74-15(b), effective December 19, 2002 (BC Reg 381/2002).
(4) If a cause of death cannot be determined within 48 hours after the death and
(a) an autopsy is performed, or
(b) an inquiry or inquest is commenced under the Coroners Act,
and the medical practitioner who performs the autopsy or the coroner who commences an inquiry or inquest under the Coroners Act, as the case may be, considers that the body is no longer required for the purposes of the autopsy, inquiry or inquest, the medical practitioner or the coroner, as the case may be, may, despite subsection (1), issue and must make available to the funeral director an interim medical certificate in the form required by the director.
Section 18 (5) BEFORE amended by 2002-74-15(a), effective December 19, 2002 (BC Reg 381/2002).
(5) After the conclusion of the autopsy, inquiry or inquest referred to in subsection (4), the medical practitioner or coroner must complete and sign the medical certificate referred to in subsection (2) and deliver it to the director.
Section 18 (5) BEFORE amended by 2004-55-8, effective June 4, 2004 (BC Reg 246/2004).
(5) After the conclusion of the autopsy, inquiry or inquest referred to in subsection (4), the medical practitioner or coroner must complete and sign the medical certificate referred to in subsection (2) and deliver it to the chief executive officer.
Section 18 (1) (a) (iii) BEFORE amended by 2007-15-85, effective September 26, 2007 (BC Reg 298/2007).
(iii) has no reason to believe that the deceased died under circumstances which require an inquiry or inquest under the Coroners Act;
Section 18 (1) (c) BEFORE amended by 2007-15-85, effective September 26, 2007 (BC Reg 298/2007).
(c) if a coroner conducts an inquiry or inquest into the death under the Coroners Act.
Section 18 (4) and (5) BEFORE amended by 2007-15-85, effective September 26, 2007 (BC Reg 298/2007).
(4) If a cause of death cannot be determined within 48 hours after the death and
(a) an autopsy is performed, or
(b) an inquiry or inquest is commenced under the Coroners Act,
and the medical practitioner who performs the autopsy or the coroner who commences an inquiry or inquest under the Coroners Act, as the case may be, considers that the body is no longer required for the purposes of the autopsy, inquiry or inquest, the medical practitioner or the coroner, as the case may be, may, despite subsection (1), issue and must make available to the funeral director an interim medical certificate in the form required by the chief executive officer.
(5) After the conclusion of the autopsy, inquiry or inquest referred to in subsection (4),
(a) the medical practitioner who performed the autopsy, or the coroner, must complete and sign the medical certificate referred to in subsection (2) and deliver it to the chief executive officer, and
(b) the coroner must deliver a copy of any report prepared under section 20 (4) (b) or 25 (2) of the Coroners Act to the chief executive officer.
Section 18 (5) (b) BEFORE amended by 2007-15-86, effective September 26, 2007 (BC Reg 298/2007).
(b) the coroner must deliver a copy of any report prepared under section 20 (4) (b) or 25 (2) of the Coroners Act to the chief executive officer.
Section 18 BEFORE amended by 2014-14-108 and 109, effective May 29, 2014 (Royal Assent).
Medical certificate
18 (1) A medical certificate must be prepared in accordance with subsection (2) in any of the following circumstances:
(i) attended the deceased during the deceased's last illness,
(ii) is able to certify the medical cause of death with reasonable accuracy, and
(iii) has no reason to believe that the deceased died under circumstances which require an investigation or inquest under the Coroners Act;
(b) if the death was natural and a medical practitioner
(i) is able to certify the medical cause of death with reasonable accuracy, and
(ii) has received the consent of a coroner to complete and sign the medical certificate;
(c) if a coroner conducts an investigation or inquest into the death under the Coroners Act.
(2) Within 48 hours after the death, the medical practitioner or the coroner, as applicable, must
(a) complete and sign a medical certificate in the form required by the chief executive officer stating in it the cause of death according to the international classification, and
(b) make the certificate available to the funeral director.
(a) a death occurred without the attendance of a medical practitioner during the last illness of the deceased, or
(b) the medical practitioner who attended the deceased is for any reason unable to complete the medical certificate within 48 hours after the death,
the funeral director or the medical practitioner, as the case may be, must promptly notify the coroner.
(4) If a cause of death cannot be determined within 48 hours after the death and
(a) an autopsy is performed, or
(b) an investigation or inquest is commenced under the Coroners Act,
and the medical practitioner who performs the autopsy or the coroner who commences an investigation or inquest under the Coroners Act, as the case may be, considers that the body is no longer required for the purposes of the autopsy, investigation or inquest, the medical practitioner or the coroner, as the case may be, may, despite subsection (1), issue and must make available to the funeral director an interim medical certificate in the form required by the chief executive officer.
(5) After the conclusion of the autopsy, investigation or inquest referred to in subsection (4),
(a) the medical practitioner who performed the autopsy, or the coroner, must complete and sign the medical certificate referred to in subsection (2) and deliver it to the chief executive officer, and
(b) the coroner must deliver a copy of any report prepared under section 13 (3) or 16 of the Coroners Act to the chief executive officer.
Section 19 BEFORE amended by 2002-74-16, effective December 19, 2002 (BC Reg 381/2002).
Statement and certificate to district registrar
19 (1) On receipt of the statement referred to in section 17 (2) and of the medical certificate or the interim medical certificate, the funeral director must promptly deliver the statement and certificate to the district registrar of the registration district in which the death occurred or, if the place of death is not known, to the district registrar of the registration district in which the body was found.
(2) If it is impracticable to deliver the statement and certificate to the proper district registrar, they may be delivered to the nearest district registrar.
Section 20 (3) and (4) BEFORE amended by 2002-15-24, effective December 9, 2002 (BC Reg 335/2002).
(3) Every 3 months, the director must provide to
(a) the district registrar of voters, and
(b) the designated local government officers for the municipalities and regional districts in each registration district
a list of the names and addresses of the residents of the registration district whose deaths were registered with a district registrar or the director since the last list was provided.
(4) If requested by the district registrar of voters or a local government officer referred to in subsection (3) or the responsible official under the Islands Trust Act for the purpose of resolving an objection to the registration of a voter or an elector, the director must conduct a search of the register of deaths and report the results to the official.
Section 20 BEFORE repealed by 2002-74-17, effective December 19, 2002 (BC Reg 381/2002).
Registration of death by district registrar
20 (1) A district registrar must register a death if the statement and certificate under section 19 are received within one year from the date of death and the district registrar is satisfied as to the truth and sufficiency of the statement.
(2) Every month, the director must provide to the Chief Electoral Officer a list of the names and addresses of the residents of each registration district whose deaths were registered with a district registrar or the director since the last list was provided.
(3) [Repealed 2002-15-24.]
(4) If requested by the Chief Electoral Officer for the purpose of resolving an objection to the registration of a voter or an elector, the director must conduct a search of the register of deaths and report the results to the official.
Section 20 BEFORE amended by 2014-14-110, effective May 29, 2014 (Royal Assent).
Registration of death
20 (1) A vital statistics registrar or the chief executive officer must register a death if the statement and certificate under section 19 are received within one year from the date of the death and the vital statistics registrar or chief executive officer is satisfied as to the truth and sufficiency of the statement.
(2) If a death is not registered within one year from the date of the death, and if application for registration of it is made by any person to the chief executive officer accompanied by the statement and certificate under section 19 and other evidence as may be prescribed, the chief executive officer must register the death if satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith.
(3) On receiving a court order that declares a person to be presumed dead, the chief executive officer must register the death.
(4) Each month, the chief executive officer must provide to the chief electoral officer a list of the names and addresses of persons whose deaths were registered with a vital statistics registrar or the chief executive officer since the last list was provided.
(5) If requested by the chief electoral officer for the purpose of resolving an objection to the registration of a voter or an elector, the chief executive officer must conduct a search of the register of deaths and report the results to the chief electoral officer.
Section 21 BEFORE repealed by 2002-74-17, effective December 19, 2002 (BC Reg 381/2002).
Registration of death by director
21 (1) If a death is not registered within one year from the day of the death, or if the district registrar refuses to register a death, if application for registration of it is made by any person to the director, accompanied by
(a) the statement and certificate under section 19, and
(b) other evidence as may be prescribed,
the director must register the death if satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith.
(2) On receiving a court order that declares a person to be presumed dead, the director must register the death.
Section 22 BEFORE amended by 2002-74-18, effective December 19, 2002 (BC Reg 381/2002).
22 (1) On receipt of the statement and certificate under section 19 (1), the district registrar must prepare and issue to the funeral director a burial permit.
(2) On receipt of the statement and certificate under section 19 (2), the district registrar must prepare and issue to the funeral director a burial permit and forward the statement and certificate to the proper district registrar.
(3) A person must not
(a) bury, cremate or otherwise dispose of the body of a person who dies in British Columbia, or
(b) remove the body from the registration district in which the death occurred or the body was found, except temporarily for the purpose of preparing it for burial,
unless a burial permit in respect of the deceased has been obtained from a district registrar.
(4) If the body of a person is to be removed by a common carrier to the place of burial or other disposition, the removal must not take place unless the appropriate copies of the burial permit have been attached to the outside of the casket.
(5) The funeral director must do the following:
(a) at the place of burial or other disposition, remove any copies of the burial permit attached to the outside of the casket;
(b) deliver the appropriate copy of the burial permit to the person conducting the funeral or religious service;
(c) deliver the appropriate copy of the burial permit to the cemetery owners or, if no person is in charge of the cemetery at the time of the burial or other disposition of the body, write across the face of the burial permit the words "No person in charge", append his or her signature to the permit and mail it to the director.
(6) If a death occurs outside British Columbia and the burial or other disposition of the body is to take place in British Columbia, a burial permit or other document authorized under the law of the province or country in which the death occurs, signed by the district registrar or other proper officer, is sufficient authority for the burial or other disposition of the body.
Section 22 (3) (a) BEFORE amended by 2004-35-97(a), effective July 4, 2004 (BC Reg 274/2004).
(a) bury, cremate or otherwise dispose of the body of a person who dies in British Columbia, or
Section 22 (5) BEFORE amended by 2004-35-97(b), effective July 4, 2004 (BC Reg 274/2004).
(5) The funeral director must do the following:
(a) at the place of burial or other disposition, remove any copies of the burial permit attached to the outside of the casket;
(b) deliver the appropriate copy of the burial permit to the person conducting the funeral or religious service;
(c) deliver the appropriate copy of the burial permit to the cemetery owners or, if no person is in charge of the cemetery at the time of the burial or other disposition of the body, write across the face of the burial permit the words "No person in charge", append his or her signature to the permit and mail it to the chief executive officer.
Section 22 (1) and (3) to (6) BEFORE amended by 2014-14-111, effective May 29, 2014 (Royal Assent).
(1) On receipt of the statement and certificate under section 19, a vital statistics registrar must prepare a burial permit and issue it to the funeral director.
(a) bury or otherwise dispose of the body of a person who dies in British Columbia, or
(b) remove the body from the community where the death occurred or the body was found, except temporarily for the purpose of preparing it for burial,
unless a burial permit in respect of the deceased has been obtained from a vital statistics registrar.
(4) If the body of a person is to be removed by a common carrier to the place of burial or other disposition, the removal must not take place unless the appropriate copies of the burial permit have been attached to the outside of the casket.
(5) A funeral director must do the following:
(a) at the place of burial or other disposition of a dead body, remove the copies of the burial permit attached to the outside of the casket;
(b) before the burial or other disposition of a dead body, deliver the appropriate copy of the burial permit to the person conducting the funeral or religious service;
(c) at the time of burial or other disposition of a dead body,
(i) subject to subparagraph (ii), deliver the appropriate copy of the burial permit to the operator of the cemetery, mausoleum or crematorium, or
(ii) if no person is in charge of the cemetery or mausoleum at time of burial or other disposition, sign the appropriate copy of the burial permit and write "No person in charge" on the face and deliver the burial permit to the chief executive officer.
(6) If a death occurs outside British Columbia and the burial or other disposition of the body is to take place in British Columbia, a burial permit or other document authorized under the law of the province or country in which the death occurs, signed by a vital statistics registrar or other proper officer, is sufficient authority for the burial or other disposition of the body.
Section 24 BEFORE amended by 2002-74-19, effective December 19, 2002 (BC Reg 381/2002).
24 If the birth or death of a person occurs on an aircraft or ship whose first stop after the birth or death is in British Columbia, the director may register the birth or death.
Section 25 BEFORE repealed by 2002-74-20, effective December 19, 2002 (BC Reg 381/2002).
Filing of church records
25 If registers or records of baptisms, marriages or burials kept by any church or religious body in British Columbia or certified true copies or extracts from those records are on file or are, with the approval of the director, placed on file in the office of the director, the registers, records, certified true copies or extracts must be preserved and must remain in the custody of the director as part of the records of the director's office.
Section 26 (1) BEFORE amended by 2002-74-21, effective December 19, 2002 (BC Reg 381/2002).
(1) If the name of a person is changed under the Name Act or under a statute of another province, the director, on production to the director of proof of the change and evidence satisfactory to the director as to the identity of the person,
(a) if the birth or marriage of the person is registered in British Columbia, must record the change, and
(b) if the change was made under the Name Act and the person was born or married in Canada but outside British Columbia, must transmit to the officer in charge of the registration of births and marriages in the jurisdiction in which the person was born or married a copy of the proof of the change of name produced to the director.
Section 26 (1) BEFORE amended by 2014-14-114, effective May 29, 2014 (Royal Assent).
(1) If the name of a person is changed under the Name Act or under a statute of another province, the chief executive officer, on production to the chief executive officer of proof of the change and evidence satisfactory to the chief executive officer as to the identity of the person,
(a) if the birth or marriage of the person is registered in British Columbia, must record the change, and
(b) if the change was made under the Name Act and the person was born or married in Canada but outside British Columbia, must transmit to the officer in charge of the registration of births and marriages in the jurisdiction in which the person was born or married a copy of the proof of the change of name produced to the chief executive officer.
Section 27 (1) and (2) BEFORE amended by 2002-74-21, effective December 19, 2002 (BC Reg 381/2002).
(1) If a person in respect of whom trans-sexual surgery has been performed is unmarried on the date the person applies under this section, the director must, on application made to the director in accordance with subsection (2), change the sex designation on the registration of birth of the person in such a manner that the sex designation is consistent with the intended results of the trans-sexual surgery.
(2) An application under subsection (1) must be made in the form required by the director and must be accompanied by,
(a) if the trans-sexual surgery was performed in a province of Canada, the certificate of a medical practitioner, qualified and licensed to practise medicine in that province, explaining the surgical procedures carried out and certifying that the medical practitioner performed the trans-sexual surgery on the applicant,
(b) if the trans-sexual surgery was performed in a jurisdiction outside Canada,
(i) evidence satisfactory to the director that the person who performed the surgery was, at the time of the surgery, qualified and licensed to practise medicine in that jurisdiction, and
(ii) the certificate referred to in paragraph (a) certified by the person who performed the surgery, and
(c) the certificate of a medical practitioner who did not perform the trans-sexual surgery, but who is qualified and licensed to practise medicine in the jurisdiction where the applicant resides, certifying that
(i) the medical practitioner examined the applicant,
(ii) the results of the medical practitioner's examination substantiate the certificate of the practitioner who performed the trans-sexual surgery, and
(iii) the trans-sexual surgery is complete by accepted medical standards.
Section 27 BEFORE re-enacted by 2014-14-115, effective May 29, 2014 (Royal Assent).
Change of sex designation
27 (1) If a person in respect of whom trans-sexual surgery has been performed is unmarried on the date the person applies under this section, the chief executive officer must, on application made to the chief executive officer in accordance with subsection (2), change the sex designation on the registration of birth of the person in such a manner that the sex designation is consistent with the intended results of the trans-sexual surgery.
(2) An application under subsection (1) must be made in the form required by the chief executive officer and must be accompanied by,
(a) if the trans-sexual surgery was performed in a province of Canada, the certificate of a medical practitioner, qualified and licensed to practise medicine in that province, explaining the surgical procedures carried out and certifying that the medical practitioner performed the trans-sexual surgery on the applicant,
(b) if the trans-sexual surgery was performed in a jurisdiction outside Canada,
(i) evidence satisfactory to the chief executive officer that the person who performed the surgery was, at the time of the surgery, qualified and licensed to practise medicine in that jurisdiction, and
(ii) the certificate referred to in paragraph (a) certified by the person who performed the surgery, and
(c) the certificate of a medical practitioner who did not perform the trans-sexual surgery, but who is qualified and licensed to practise medicine in the jurisdiction where the applicant resides, certifying that
(i) the medical practitioner examined the applicant,
(ii) the results of the medical practitioner's examination substantiate the certificate of the practitioner who performed the trans-sexual surgery, and
(iii) the trans-sexual surgery is complete by accepted medical standards.
(3) A birth certificate issued after the registration of birth is changed under this section must be issued as if the original registration had been made showing the sex designation as changed under this section.
Section 27 (2) (c) (part) BEFORE amended by 2023-9-1(a), effective July 7, 2023 (BC Reg 174/2023).
(c) a statement from one of the following persons that confirms that the sex designation on the applicant's birth registration does not correspond with the applicant's gender identity:
Section 27 (5) BEFORE amended by 2023-9-1(b), effective July 7, 2023 (BC Reg 174/2023).
(5) A birth certificate issued after the making of an amendment under this section must be prepared as if the person's original birth registration had been made containing the sex designation as amended.
Section 28 BEFORE amended by 2002-74-21, effective December 19, 2002 (BC Reg 381/2002).
28 (1) If, after the notice to and hearing of those interested parties as the director considers proper, the director is satisfied that a registration under this Act was fraudulently or improperly obtained, the director may order that it be cancelled, and after that a certificate must not be issued in respect of the registration.
(2) On the making of an order under subsection (1), the director may order the delivery to the director of every certificate previously issued in respect of the registration.
(3) If the director has reason to believe that a certificate in respect of a registration is being had or used for fraudulent or improper purposes, the director may, after whatever notice to and hearing of interested parties the director considers proper, make an order requiring the delivery of the certificate to the director for cancellation.
(4) Any person who has in the person's possession or under the person's control a certificate in respect of which an order has been made under subsection (2) or (3) must promptly deliver the certificate to the director.
Section 28 BEFORE re-enacted by 2004-55-9, effective June 4, 2004 (BC Reg 246/2004).
Registrations fraudulently or improperly obtained
28 (1) If, after the notice to and hearing of those interested parties as the chief executive officer considers proper, the chief executive officer is satisfied that a registration under this Act was fraudulently or improperly obtained, the chief executive officer may order that it be cancelled, and after that a certificate must not be issued in respect of the registration.
(2) On the making of an order under subsection (1), the chief executive officer may order the delivery to the chief executive officer of every certificate previously issued in respect of the registration.
(3) If the chief executive officer has reason to believe that a certificate in respect of a registration is being had or used for fraudulent or improper purposes, the chief executive officer may, after whatever notice to and hearing of interested parties the chief executive officer considers proper, make an order requiring the delivery of the certificate to the chief executive officer for cancellation.
(4) Any person who has in the person's possession or under the person's control a certificate in respect of which an order has been made under subsection (2) or (3) must promptly deliver the certificate to the chief executive officer.
Section 28 BEFORE amended by 2014-14-116, effective May 29, 2014 (Royal Assent).
Registrations fraudulently or improperly obtained
28 If, after the notice to and hearing of those interested parties as the chief executive officer considers proper, the chief executive officer is satisfied that a registration under this Act was fraudulently or improperly obtained, the chief executive officer may order that it be cancelled, and after that a certificate must not be issued in respect of the registration.
Section 29 (1) and (2) BEFORE repealed by 2002-74-22(a), effective December 19, 2002 (BC Reg 381/2002).
29 (1) Before a district registrar has forwarded
(a) a statement referred to in section 3 (1) or 15 (3), or
(b) a registration referred to in section 11 (5) or 20 (1),
the district registrar may alter the statement or registration in order to correct an error on or omission in the statement or registration.
(2) If the person who furnished the information contained in the statement or registration to be corrected appears in person, the district registrar may permit the correction by having the person amend and initial the original entry.
Section 29 (3), (4) and (5) BEFORE amended by 2002-74-22(b) and (c), effective December 19, 2002 (BC Reg 381/2002).
(3) If on receipt and examination of a registration it appears to the director that an error or omission exists in the registration, the director must inquire into the matter and may correct the error or omission on production of evidence of the error or omission satisfactory to the director.
(4) If after a registration has been filed by the director, it is reported to the director that an error or omission exists in the registration, the director must inquire into the matter, and may correct the error or omission on production of evidence of the error or omission satisfactory to the director verified by affidavit and on payment of the prescribed fee.
(5) If, after the correction of an error or omission application is made for a certificate, the certificate must be prepared as if the registration had been made containing correct particulars at the time of registration, except that a photostatic copy or photographic print of the registration must include both the original information and all amendments made under subsections (1), (2), (3) and (4).
Section 29 (3) and (4) BEFORE amended by 2014-14-116, effective May 29, 2014 (Royal Assent).
(3) If on receipt and examination of a registration it appears to the chief executive officer that an error or omission exists in the registration, the chief executive officer must inquire into the matter and may correct the error or omission on production of evidence of the error or omission satisfactory to the chief executive officer.
(4) If after a registration has been filed by the chief executive officer, it is reported to the chief executive officer that an error or omission exists in the registration, the chief executive officer must inquire into the matter, and may correct the error or omission on production of evidence of the error or omission satisfactory to the chief executive officer verified by affidavit and on payment of the prescribed fee.
Section 30 BEFORE amended by 2002-74-23, effective December 19, 2002 (BC Reg 381/2002).
Appeal from decision of director
30 (1) If an application for the registration of a birth, stillbirth, marriage or death is refused by the director, an application may be made to the Supreme Court for an order under subsection (3).
(2) An application under subsection (1) must be made within one year of the refusal of the director.
(3) On an application under subsection (1), the court may
(a) on 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
(b) having regard to the standards respecting delayed registration set out in the regulations for the guidance of the director
order the director to accept the application and register the birth, stillbirth, marriage or death.
(4) The clerk of the court must promptly send a copy of an order under subsection (3) to the director, who must comply with the order and attach the copy to the registration.
(5) If 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, an application may be made to the Supreme Court for an order under subsection (7).
(6) An application under subsection (7) must be made within one year of the refusal by the director.
(7) On an application respecting a refusal referred to in subsection (5), the court may, on being satisfied that
(a) the application is made in good faith, and
(b) the applicant has good reason for requiring the certificate or search
order the director to issue the certificate or make the search.
(8) The clerk of the court must promptly forward a copy of the order to the director, who must comply with it.
(9) If the director has made an order under section 28, any person interested may appeal from it to the Supreme Court.
(10) An appeal under subsection (9) may be heard at any time after the order being appealed is made.
(11) On an appeal under subsection (9), the court may make an order confirming or setting aside the order of the director, and the order of the court is final and is binding on the director.
(12) An application or appeal must not be made under this section unless at least 30 days' notice of the hearing of the application has been served on the director, accompanied by
(a) a statement of the particulars of the application, and
(b) a copy of each paper intended to be produced to the court on the hearing of the application or appeal.
Section 30 (1) and (2) BEFORE amended by 2004-55-10(a), effective June 4, 2004 (BC Reg 246/2004).
(1) If an application for the registration of a birth, stillbirth, marriage or death is refused by the chief executive officer, an application may be made to the Supreme Court for an order under subsection (3).
(2) An application under subsection (1) must be made within one year of the refusal of the chief executive officer.
Section 30 (3) BEFORE repealed by 2004-55-10(a), effective June 4, 2004 (BC Reg 246/2004).
(3) On an application under subsection (1), the court may
(a) on 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
(b) having regard to the standards respecting delayed registration set out in the regulations for the guidance of the chief executive officer
order the chief executive officer to accept the application and register the birth, stillbirth, marriage or death.
Section 30 (4) BEFORE amended by 2004-55-10(b), effective June 4, 2004 (BC Reg 246/2004).
(4) The clerk of the court must promptly send a copy of an order under subsection (3) to the chief executive officer, who must comply with the order and attach the copy to the registration.
Section 30 (9) BEFORE amended by 2004-55-10(c), effective June 4, 2004 (BC Reg 246/2004).
(9) If the chief executive officer has made an order under section 28, any person interested may appeal from it to the Supreme Court.
Section 30 BEFORE amended by 2014-14-117, effective May 29, 2014 (Royal Assent).
Appeal from decision of chief executive officer
30 (1) A person who wishes to dispute a decision of the chief executive officer to either accept or refuse an application for registration of a birth, stillbirth, marriage or death may, within one year of the chief executive officer's decision, make an application to the Supreme Court for an order requiring the chief executive officer
(a) to accept the application for registration and register the birth, stillbirth, marriage or death, as applicable, or
(b) to reject the application for registration and cancel any registration of the birth, stillbirth, marriage or death, as applicable, that was made.
(2) On an application under subsection (1), the court may make an order described in that subsection if the court
(i) that the application is made in good faith, and
(ii) of the truth and sufficiency of the evidence adduced on the application, and
(b) considers the standards respecting delayed registration set out in the regulations for the guidance of the chief executive officer.
(4) The clerk of the court must promptly send a copy of an order under subsection (2) to the chief executive officer, who must comply with the order and attach the copy to the registration.
(5) If an application for a certificate or a search in respect of the registration of a birth, stillbirth, marriage or death is refused by the chief executive officer, an application may be made to the Supreme Court for an order under subsection (7).
(6) An application under subsection (7) must be made within one year of the refusal by the chief executive officer.
(7) On an application respecting a refusal referred to in subsection (5), the court may, on being satisfied that
(a) the application is made in good faith, and
(b) the applicant has good reason for requiring the certificate or search
order the chief executive officer to issue the certificate or make the search.
(8) The clerk of the court must promptly forward a copy of the order to the chief executive officer, who must comply with it.
(9) Any interested person may appeal to the Supreme Court if the chief executive officer makes an order to cancel
(a) a registration under section 28, or
(b) a certificate under section 40.1 (2).
(10) An appeal under subsection (9) may be heard at any time after the order being appealed is made.
(11) On an appeal under subsection (9), the court may make an order confirming or setting aside the order of the chief executive officer, and the order of the court is final and is binding on the chief executive officer.
(12) An application or appeal must not be made under this section unless at least 30 days' notice of the hearing of the application has been served on the chief executive officer, accompanied by
(a) a statement of the particulars of the application, and
(b) a copy of each paper intended to be produced to the court on the hearing of the application or appeal.
Section 31 BEFORE amended by 2002-74-24, effective December 19, 2002 (BC Reg 381/2002).
Division of Vital Statistics
31 (1) For the purpose of administering and carrying out this Act there must be in the Ministry of Health a Division of Vital Statistics.
(2) The Division of Vital Statistics must be under the direct supervision of a Director of Vital Statistics.
(3) The Director of Vital Statistics must be appointed under the Public Service Act, and is directly responsible in all matters to the Minister of Health.
(4) The Lieutenant Governor in Council may appoint one or more acting Directors of Vital Statistics who must, in the absence of the director at any time, exercise the powers and perform the duties of the director in the order of precedence set out in the appointment, but not more than one person may simultaneously exercise the powers and perform the duties of the director under this subsection.
(5) For the purposes of this Act, an Inspector or Inspectors of Vital Statistics may be appointed under the Public Service Act.
Section 31 (2) BEFORE amended by 2014-14-118, effective May 29, 2014 (Royal Assent).
(2) The chief executive officer of vital statistics must be appointed under the Public Service Act to supervise the work of the Vital Statistics Agency.
Section 32 BEFORE repealed by 2002-74-25, effective December 19, 2002 (BC Reg 381/2002).
Registration districts
32 (1) For the purpose of this Act, British Columbia is divided into registration districts.
(2) The Lieutenant Governor in Council may establish the boundaries of the registration districts and may extend, reduce, subdivide or abolish any registration district or merge all or part of it with one or more registration districts.
(3) An order made under subsection (2) must be published in the Gazette and takes effect on and from a day to be set by the order.
Section 33 (2) BEFORE repealed by 2014-14-119, effective May 29, 2014 (Royal Assent).
(2) The remuneration of vital statistics registrars is to be as prescribed by regulation.
Section 34 BEFORE amended by 2002-74-27, effective December 19, 2002 (BC Reg 381/2002).
Enforcement of Act by district registrar
34 A district registrar must,
(a) under the supervision and direction of the director and in accordance with the regulations, enforce this Act in his or her registration district, and
(b) make an immediate report to the director concerning any violation of this Act of which he or she has knowledge.
Section 35 BEFORE amended by 2002-74-27, effective December 19, 2002 (BC Reg 381/2002).
Searches of registrations and church records
35 (1) A person, on applying in the form required by 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 in the director's office of any birth, stillbirth, marriage, death, change of name or adoption, or
(b) for the record of any baptism, marriage or burial filed in the office of the director under section 25.
(2) The director must make a report on the search, which report must state whether or not the birth, stillbirth, marriage, death, change of name, adoption, baptism or burial is registered or recorded and must not contain any further information.
Section 35 BEFORE amended by 2014-14-120, effective May 29, 2014 (Royal Assent).
Searches of registration records
35 (1) If a person applies in the form required by the chief executive officer and pays the prescribed fee, and if the chief executive officer is satisfied that the information is not to be used for an unlawful or improper purpose, the chief executive officer must make a search for the registration of any birth, stillbirth, marriage, death, change of name or adoption.
(2) The chief executive officer must make a written report on the search to the person who applied under subsection (1) stating whether or not the birth, stillbirth, marriage, death, change of name or adoption is registered or recorded and the report must not contain further information.
Section 36 (1) and (4) BEFORE amended by 2002-74-28, effective December 19, 2002 (BC Reg 381/2002).
(1) A certificate of birth may be issued by the director, on application in the form required by the director and on payment of the prescribed fee, only to the following persons:
(4) Subject to sections 63 (2) and 64 (3) of the Adoption Act, a certified copy, photostatic copy or photographic print of the registration of a birth, or of a portion of it, may be issued, on application in the form required by the director and on payment of the prescribed fee, by the director only to the following persons:
Section 36 (1) BEFORE amended by 2004-55-11(a), effective June 4, 2004 (BC Reg 246/2004).
(1) A certificate of birth may be issued by the chief executive officer, on application in the form required by the chief executive officer and on payment of the prescribed fee, only to the following persons:
(a) a person named in the certificate;
(b) a parent whose name appears on the registration from which the certificate is to be issued;
(c) a spouse of a person whose name appears on the registration from which the certificate is to be issued;
(d) a person on the authorization in writing of the person named in the certificate or of the parents or spouse of the person named in the certificate;
(e) an agent of the person named in the certificate or of the parents or spouse of the person named in the certificate;
(f) a person on the order of a court;
(g) an officer of the government who requires it for use in the discharge of official duties;
(h) any other person who satisfies the deputy minister concerning the good faith of the person's cause for requiring the certificate.
Section 36 (4) BEFORE amended by 2004-55-11(b), effective June 4, 2004 (BC Reg 246/2004).
(4) Subject to sections 63 (2) and 64 (3) of the Adoption Act, a certified copy, photostatic copy or photographic print of the registration of a birth, or of a portion of it, may be issued, on application in the form required by the chief executive officer and on payment of the prescribed fee, by the chief executive officer only to the following persons:
(a) a person who requires it to comply with section 32 (b) of the Adoption Act;
(b) an officer of the government who requires it for use in the discharge of official duties;
(c) a person on the authority in writing of the deputy minister or on the order of a court;
(d) a medical health officer who requires it for use in the discharge of official duties.
Section 36 (4) (e) BEFORE amended by 2008-28-159, effective March 31, 2009 (BC Reg 49/2009).
(e) a medical health officer appointed under the Health Act who requires the copy or extract for use in the discharge of official duties;
Section 36 (1) (c) BEFORE amended by 2011-25-461, effective March 18, 2013 (BC Reg 131/2012).
(c) a custodial guardian if no parent under paragraph (b) is capable;
Section 36 (1) and (4) BEFORE amended by 2014-14-120, effective May 29, 2014 (Royal Assent).
(1) A certificate of birth may be issued by the chief executive officer, on application in the form required by the chief executive officer and on payment of the prescribed fee, only to the following persons:
(a) the person who is the subject of the certificate;
(b) a parent of the person who is subject of the certificate, if that person is less than 19 years of age or is incapable;
(c) a guardian of the person who is subject of the certificate, if that person is less than 19 years of age or is incapable;
(d) a person who has written authorization from a person described in paragraph (a), (b) or (c) to be issued the certificate;
(e) an officer of any provincial government or the government of Canada who requires the certificate for use in the discharge of official duties;
(f) any other person who satisfies the chief executive officer concerning the good faith of the person's cause for requiring the certificate.
(4) Subject to sections 63 (2) and 64 (3) of the Adoption Act, a certified copy or certified electronic extract of a registration of birth, or of a portion of the copy or extract, may be issued, on application in the form required by the chief executive officer and on payment of the prescribed fee, by the chief executive officer only to the following persons:
(a) a person who is eligible to receive a certificate of birth under subsection (1);
(b) a parent of the person who is the subject of the registration, regardless of the age or capability of that person;
(c) if the person described under subsection (1) (a) is deceased, the nearest living relative of that person;
(d) a person who requires the copy or extract to comply with section 32 (b) of the Adoption Act;
(e) a medical health officer designated under the Public Health Act who requires the copy or extract for use in the discharge of official duties;
(i) the person described under subsection (1) (a) has been deceased for 20 years or more, or
(ii) more than 120 years have passed since the birth of the person described under subsection (1) (a);
(g) any other person who satisfies the chief executive officer concerning the good faith of the person's cause for requiring the copy or extract.
Section 37 BEFORE amended by 2002-74-28, effective December 19, 2002 (BC Reg 381/2002).
37 (1) A certificate of marriage may be issued by the director, on application in the form required by the director and on payment of the prescribed fee, only to the following persons:
(a) a person named in the certificate;
(b) a parent whose name appears on the registration from which the certificate is to be issued;
(c) a spouse of a person whose name appears on the registration from which the certificate is to be issued;
(d) a person on the authorization in writing of the person named in the certificate or of the parents or spouse of the person named in the certificate;
(e) an agent of the person named in the certificate or of the parents or spouse of the person named in the certificate;
(f) a person on the order of a court;
(g) an officer of the government who requires it for use in the discharge of official duties;
(h) any other person who satisfies the deputy minister concerning the good faith of the person's cause for requiring the certificate.
(2) A certified copy, photostatic copy or photographic print of the registration of a marriage may be issued by the director, on application in the form required by the director and on payment of the prescribed fee, only to the following persons:
(a) a party to the marriage;
(b) a person on the authority in writing of a party to the marriage;
(c) a person on the authority in writing of the deputy minister;
(d) a person on the order of a court.
Section 37 BEFORE re-enacted by 2004-55-12, effective June 4, 2004 (BC Reg 246/2004).
Marriage certificates
37 (1) A certificate of marriage may be issued by the chief executive officer, on application in the form required by the chief executive officer and on payment of the prescribed fee, only to the following persons:
(a) a person named in the certificate;
(b) a parent whose name appears on the registration from which the certificate is to be issued;
(c) a spouse of a person whose name appears on the registration from which the certificate is to be issued;
(d) a person on the authorization in writing of the person named in the certificate or of the parents or spouse of the person named in the certificate;
(e) an agent of the person named in the certificate or of the parents or spouse of the person named in the certificate;
(f) a person on the order of a court;
(g) an officer of the government who requires it for use in the discharge of official duties;
(h) any other person who satisfies the deputy minister concerning the good faith of the person's cause for requiring the certificate.
(2) A certified copy, photostatic copy or photographic print of the registration of a marriage may be issued by the chief executive officer, on application in the form required by the chief executive officer and on payment of the prescribed fee, only to the following persons:
(a) a party to the marriage;
(b) a person on the authority in writing of a party to the marriage;
(c) a person on the authority in writing of the deputy minister;
(d) a person on the order of a court.
Section 37 BEFORE amended by 2014-14-120, effective May 29, 2014 (Royal Assent).
Marriage certificates
37 (1) A certificate of marriage may be issued by the chief executive officer, on application in the form required by the chief executive officer and on payment of the prescribed fee, only to the following persons:
(a) either party to the marriage;
(b) a person who has written authorization from a person described in paragraph (a) to be issued the certificate;
(c) an officer of any provincial government or the government of Canada who requires the certificate for use in the discharge of official duties;
(d) any other person who satisfies the chief executive officer concerning the good faith of the person's cause for requiring the certificate.
(2) A certified copy or certified electronic extract of a registration of marriage may be issued by the chief executive officer, on application in the form required by the chief executive officer and on payment of the prescribed fee, only to the following persons:
(a) a person who is eligible to receive a certificate of marriage under subsection (1);
(b) if a person described under subsection (1) (a) is deceased, the nearest living relative of that person;
(i) both parties described under subsection (1) (a) have been deceased for 20 years or more, or
(ii) more than 75 years have passed since the marriage of the parties described under subsection (1) (a);
(d) any other person who satisfies the chief executive officer concerning the good faith of the person's cause for requiring the copy or extract.
Section 38 (1), (3), (4) and (5) BEFORE amended by 2002-74-29, effective December 19, 2002 (BC Reg 381/2002).
38 (1) Subject to subsection (2), any person, on application in the form required by the director, the furnishing of information satisfactory to the director and the payment of the prescribed fee, may obtain from the director a certificate of death.
(2) A certificate issued in respect of the registration of a death must not be issued in a manner as to disclose the cause of death as certified on the medical certificate, except
(a) on the authority in writing of the deputy minister, or
(b) on the order of a court.
(3) On application in the form required by the director and on payment of the prescribed fee, a certified copy, photostatic copy or photographic print of the registration of a death or stillbirth may be issued by the director only to the following persons:
(a) a person on the authority in writing of the deputy minister;
(b) a person on the order of a court.
(4) Any person, on application in the form required by the director and payment of the prescribed fee, may, before the inclusion of the registration in any return to the director, obtain from a district registrar a certificate in the form required by the director of a death of which there is a registration in the director's office.
(5) Except under subsection (4), no certificate and no certified copy, photostatic copy or photographic print must be issued by a district registrar.
Section 38 (3) BEFORE amended by 2004-55-13(a), effective June 4, 2004 (BC Reg 246/2004).
(3) On application in the form required by the chief executive officer and on payment of the prescribed fee, a certified copy, photostatic copy or photographic print of the registration of a death or stillbirth may be issued by the chief executive officer only to the following persons:
(a) a person on the authority in writing of the deputy minister;
(b) a person on the order of a court.
Section 38 (4) BEFORE amended by 2004-55-13(b), effective June 4, 2004 (BC Reg 246/2004).
(4) Any person, on application in the form required by the chief executive officer and payment of the prescribed fee, may, before the inclusion of the registration in any return to the chief executive officer, obtain from a vital statistics registrar a certificate in the form required by the chief executive officer of a death of which there is a registration in the chief executive officer's office.
Section 38 (5) BEFORE amended by 2004-55-14, effective June 4, 2004 (BC Reg 246/2004).
(5) Except under subsection (4), no certificate and no certified copy, photostatic copy or photographic print must be issued by a vital statistics registrar.
Section 38 (1), (3) and (4) BEFORE amended by 2014-14-120, effective May 29, 2014 (Royal Assent).
(1) Subject to subsection (2), any person, on application in the form required by the chief executive officer, the furnishing of information satisfactory to the chief executive officer and the payment of the prescribed fee, may obtain from the chief executive officer a certificate of death.
(3) A certified copy or certified electronic extract of a registration of a death or stillbirth may be issued by the chief executive officer, on application in the form required by the chief executive officer and on payment of the prescribed fee, only to the following persons:
(a) the nearest living relative of the deceased;
(b) a medical practitioner who requires the copy or extract for use in the treatment of a member of the deceased's immediate family, if the family member's illness, in the opinion of the medical practitioner, may be life threatening;
(c) a person who is authorized by a court order to be issued the copy or extract;
(d) an officer of any provincial government or the government of Canada who requires the copy or extract for use in the discharge of official duties;
(e) any person, if more than 20 years have passed since the death of the deceased;
(f) any other person who satisfies the chief executive officer concerning the good faith of the person's cause for requiring the copy or extract.
(4) Any person, on application in the form required by the chief executive officer and payment of the prescribed fee, may, before the inclusion of the registration in any return to the chief executive officer, obtain from a vital statistics registrar a certificate in the form required by the chief executive officer of a death of which there is a registration in the vital statistics registrar's office.
Section 38 (3) (b) BEFORE amended by 2014-14-121, effective May 29, 2014 (Royal Assent).
(b) a medical practitioner who requires the copy or extract for use in the treatment of a member of the deceased's immediate family, if the family member's illness, in the opinion of the medical practitioner, may be life threatening;
Section 39 (1) BEFORE repealed by 2002-74-30(a), effective December 19, 2002 (BC Reg 381/2002).
(1) Any person, on application in the form required by the director and payment of the prescribed fee, may, with the approval of the director and subject to the same limitations as those set out in sections 36 (1) and (4), 37 (1) and (2) and 38 (3), obtain a certificate in the form required by the director in respect of the record of a baptism, marriage or burial filed under section 25.
Section 39 (2), (3), (4) and (5) BEFORE amended by 2002-74-30(b), (c) and (d) effective December 19, 2002 (BC Reg 381/2002).
(2) The director may refuse to issue a certificate, certified copy, photostatic copy or photographic print if the director has reason to believe that the document is to be used for an unlawful or improper purpose.
(3) A district registrar may refuse to issue a certificate of death if the district registrar has reason to believe that the document is to be used for an unlawful or improper purpose.
(4) The deputy minister may, by a written order signed by the deputy minister and directed to the director, require the director, when issuing a certificate, certified copy, photostatic copy or photographic print under this section,
(a) to dispense with the production of the authority in writing of the deputy minister required under subsection (1) or section 36 (4), 37 (2) or 38 (2) or (3), or
(b) to dispense with the production of that written authority in the cases, or in the circumstances, as the deputy minister may set out in the order.
(5) The director must comply with an order under subsection (4).
Section 39 (2) and (4) BEFORE amended by 2004-55-14, effective June 4, 2004 (BC Reg 246/2004).
(2) The chief executive officer may refuse to issue a certificate, certified copy, photostatic copy or photographic print if the chief executive officer has reason to believe that the document is to be used for an unlawful or improper purpose.
(4) The deputy minister may, by a written order signed by the deputy minister and directed to the chief executive officer, require the chief executive officer, when issuing a certificate, certified copy, photostatic copy or photographic print under this section,
Section 39 (4) (a) BEFORE amended by 2004-55-15, effective June 4, 2004 (BC Reg 246/2004).
(a) to dispense with the production of the authority in writing of the deputy minister required under section 36 (4), 37 (2) or 38 (2) or (3), or
Section 39 (2), (4) and (5) BEFORE amended by 2014-14-120, effective May 29, 2014 (Royal Assent).
(2) The chief executive officer may refuse to issue a certificate, certified copy or certified electronic extract if the chief executive officer has reason to believe that the document is to be used for an unlawful or improper purpose.
(4) The deputy minister may, by a written order signed by the deputy minister and directed to the chief executive officer, require the chief executive officer, when issuing a certificate, certified copy or certified electronic extract under this section,
(a) to dispense with the production of the authority in writing of the deputy minister required under section 38 (2), or
(b) to dispense with the production of that written authority in the cases, or in the circumstances, as the deputy minister may set out in the order.
(5) The chief executive officer must comply with an order under subsection (4).
Section 40 BEFORE amended by 2002-74-31, effective December 19, 2002 (BC Reg 381/2002).
Certificates to be issued only by director or district registrars
40 (1) Except as provided in section 38 (4), a certificate, certified copy, photostatic copy or photographic print issued under section 36, 37, 38 or 39 must be issued by the director.
(2) A person other than a person authorized under this Act to do so must not issue any document that purports to be issued under this Act.
(3) If the signature of
(a) the director or acting director is required for any purposes of this Act, or
(b) a district registrar specifically designated in writing by the director is required on any certificate issued under this Act,
the signature may be written, engraved, lithographed or reproduced by any other mode of reproducing words in visible form.
(4) A document issued under this Act under the signature of the director or of any person described in subsection (3) is and remains valid, even if the director or the person so appointed has ceased to hold office before the issue of the certificate.
Section 40 (1) BEFORE amended by 2004-55-14, effective June 4, 2004 (BC Reg 246/2004).
(1) Except as provided in section 38 (4), a certificate, certified copy, photostatic copy or photographic print issued under section 36, 37, 38 or 39 must be issued by the chief executive officer.
Section 40 (4) BEFORE amended by 2004-55-16, effective June 4, 2004 (BC Reg 246/2004).
(4) A document issued under this Act under the signature of the chief executive officer or of any person described in subsection (3) is and remains valid, even if the chief executive officer or the person so appointed has ceased to hold office before the issue of the certificate.
Section 40 (1) and (3) BEFORE amended by 2014-14-122, effective May 29, 2014 (Royal Assent).
(1) Except as provided in section 38 (4), a certificate, certified copy or certified electronic extract issued under section 36, 37, 38 or 39 must be issued by the chief executive officer.
(a) the chief executive officer or acting chief executive officer is required for any purposes of this Act, or
(b) a vital statistics registrar specifically designated in writing by the chief executive officer is required on any certificate issued under this Act,
the signature may be written, engraved, lithographed or reproduced by any other mode of reproducing words in visible form.
Section 40.1 BEFORE amended by 2014-14-123, effective May 29, 2014 (Royal Assent).
Cancellation of certificates
40.1 (1) The chief executive officer may order that a certificate be cancelled on or after the occurrence of any of the following events in respect of a person named in the certificate:
(a) the registration of birth is altered under section 3;
(b) a change of name is recorded under section 4.1 (4);
(c) the registration of a foundling is cancelled under section 8 (7) (b);
(d) a change in a given name is recorded under section 10 (3);
(e) an adoption order is registered and the original birth registration deleted under section 12;
(h) a change of name is recorded under section 26 (1) (a);
(i) a change of sex designation is made under section 27 (1);
(j) a registration is cancelled under section 28;
(k) an error or omission is corrected under section 29.
(2) The chief executive officer may order that a certificate be cancelled if, after the notice to and hearing of those interested parties as the chief executive officer considers proper, the chief executive officer is satisfied that the certificate
(a) was obtained, or is being possessed or used, fraudulently or for improper purposes,
(b) is being used in a manner that violates this Act or the regulations, or
(c) is invalid for any reason other than a reason listed under subsection (1).
(3) If a certificate is cancelled under subsection (1) or (2), the chief executive officer may make an order requiring the delivery, to the chief executive officer, of
(b) any certified copy or certified electronic extract of the registration on which the certificate was based.
(4) If an order is made under subsection (3), any person having possession or control of the certificate, certified copy or certified electronic extract must deliver it to the chief executive officer within the time specified by the chief executive officer.
Section 41 BEFORE re-enacted by 2004-55-18, effective June 4, 2004 (BC Reg 246/2004).
Certificate as evidence
41 (1) A certificate purporting to be issued under section 36, 37, 38 or 39 is admissible in any court in British Columbia as evidence of the facts certified to be recorded.
(2) A certified copy, photostatic copy or photographic print purporting to be issued under section 36, 37, 38 or 39 is admissible as evidence of the facts recorded in it.
(3) It is not necessary to prove the signature or official position of the person by whom the certificate, certified copy, photostatic copy or photographic copy purports to be signed.
Section 41.1 BEFORE amended by 2014-14-124, effective May 29, 2014 (Royal Assent).
Information-sharing agreements
41.1 (1) The chief executive officer may enter into an information-sharing agreement with a body listed in subsection (2), under which information from the records in the office of the chief executive officer or of a vital statistics registrar may be disclosed, including disclosure of information
(a) on a bulk or regular basis, and
(b) that would be considered "personal information" under the Freedom of Information and Protection of Privacy Act.
(2) The chief executive officer may enter into an information-sharing agreement under subsection (1) only with the following bodies:
(a) an agency or ministry of the government of British Columbia, of another province, or of Canada, including a Crown corporation;
(b) an aboriginal government, an educational body, a health care body or a social services body, as those terms are defined in the Freedom of Information and Protection of Privacy Act;
(c) a public body in another jurisdiction of Canada that is equivalent to one described in paragraph (b);
(d) a prescribed body that is public in nature.
(3) An information-sharing agreement under subsection (1) must identify all of the following:
(a) the persons, by name, title or position, who may have access to the information under the agreement;
(b) the circumstances in which information may be disclosed under the agreement;
(i) the disclosure of information by the chief executive officer under the agreement, and
(ii) the use or disclosure of the information obtained under the agreement by persons identified under paragraph (a);
(d) the conditions, if any, on the disclosure of information under the agreement, including
(i) conditions respecting the storage of disclosed information by persons identified under paragraph (a), and
(ii) conditions respecting the monitoring of compliance with the agreement;
(e) the term of the agreement and the circumstances in which the agreement may be renewed, suspended or terminated.
(4) An information-sharing agreement under subsection (1)
(a) is not effective until the agreement is approved by order of the Lieutenant Governor in Council, and
(b) must not be amended except with approval by order of the Lieutenant Governor in Council.
(5) An order under subsection (4) (a) must identify all of the following:
(a) the information-sharing agreement, by referring to the parties to the agreement and the date on which the agreement is executed;
(b) the type or nature of the information that may be disclosed;
(c) the purpose for which the disclosed information may be collected or used.
(6) Despite subsection (4), the chief executive officer may enter into or amend an information-sharing agreement as described in subsection (1) without approval of the Lieutenant Governor in Council if all of the following conditions are met:
(a) the information being disclosed is limited to information respecting the registration of births or deaths;
(b) the information is being disclosed only to an agency or ministry of the government of British Columbia, of another province, or of Canada, including a Crown corporation;
(c) the information is being disclosed only for the purpose of verifying information held by the agency or ministry, or determining entitlement to a benefit, privilege or other interest;
(d) the information-sharing agreement identifies the information set out in subsection (3) and is signed by the agency or ministry and the chief executive officer.
Section 41.1 (2) (b) BEFORE amended by 2021-39-72, effective November 25, 2021 (Royal Assent).
(b) an aboriginal government, an educational body, a health care body or a social services body, as those terms are defined in the Freedom of Information and Protection of Privacy Act;
Section 43 BEFORE amended by 2002-74-33(a), effective December 19, 2002 (BC Reg 381/2002).
43 The director may compile, publish and distribute statistical information respecting the births, stillbirths, marriages, deaths, adoptions, changes of name and dissolutions and annulments of marriage registered during any period the director may consider necessary and in the public interest.
Section 43 BEFORE amended by 2004-55-19, effective June 4, 2004 (BC Reg 246/2004).
43 The chief executive officer may compile, publish and distribute statistical information respecting the births, stillbirths, marriages, deaths, adoptions, changes of name and dissolutions and annulments of marriage registered during any period the chief executive officer may consider necessary and in the public interest.
Section 43 BEFORE amended by 2014-14-127, effective May 29, 2014 (Royal Assent).
Publication of statistical information
43 The chief executive officer may compile, publish and distribute statistical information respecting the births, stillbirths, marriages, deaths, adoptions and changes of name registered during any period the chief executive officer may consider necessary and in the public interest.
Section 44 BEFORE amended by 2002-74-33(a), effective December 19, 2002 (BC Reg 381/2002).
44 As soon as convenient after January 1 in each year, the director must make, for the use of the Legislative Assembly and for public information, a statistical report of the births, stillbirths, marriages, deaths, adoptions, changes of name and dissolutions and annulments of marriage registered during the preceding calendar year.
Section 44 BEFORE amended by 2004-55-19, effective June 4, 2004 (BC Reg 246/2004).
44 As soon as convenient after January 1 in each year, the chief executive officer must make, for the use of the Legislative Assembly and for public information, a statistical report of the births, stillbirths, marriages, deaths, adoptions, changes of name and dissolutions and annulments of marriage registered during the preceding calendar year.
Section 44 BEFORE amended by 2014-14-127, effective May 29, 2014 (Royal Assent).
Annual report
44 As soon as convenient after January 1 in each year, the chief executive officer must 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 registered during the preceding calendar year.
Section 45 (2) BEFORE amended by 2002-74-33(a), effective December 19, 2002 (BC Reg 381/2002).
(2) If a vacancy occurs in any office under this Act, the person who has the possession, custody or control of books, records or other documents pertaining to the office must 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.
Section 45 (2) BEFORE amended by 2014-14-127, effective May 29, 2014 (Royal Assent).
(2) If a vacancy occurs in any office under this Act, the person who has the possession, custody or control of books, records or other documents pertaining to the office must give up possession of and deliver them to the successor in office or to any person appointed by the chief executive officer to demand and receive them.
Section 46 (1) BEFORE amended by 2002-74-34, effective December 19, 2002 (BC Reg 381/2002).
(1) A district registrar, deputy district registrar or a person employed in the service of the government must not
Section 47 BEFORE repealed by 2014-14-128, effective May 29, 2014 (Royal Assent).
Application of Act
47 This Act applies in respect of a birth, stillbirth, marriage, death, dissolution or annulment of marriage, adoption or change of name that occurred before the passing of this Act, as well as to a birth, stillbirth, marriage, adoption or change of name that may occur subsequent to the passing of this Act.
Section 48 BEFORE amended by 2002-74-35, effective December 19, 2002 (BC Reg 381/2002).
48 The director may establish the forms to be used for the purposes of this Act and, unless specified by this Act, the particulars to be included in a certificate issued under this Act.
Section 49 (1) BEFORE amended by 2004-55-20, effective June 4, 2004 (BC Reg 246/2004).
(1) A person who fails to give a notice or to furnish any statement, certificate or particulars required under this Act, within the time limited by this Act, commits an offence.
Section 51 BEFORE amended by 2014-14-130, effective May 29, 2014 (Royal Assent).
Failure to obtain permit for transportation of body
51 (1) Subject to subsection (2) and any other Act, a common carrier transporting or carrying, or accepting through its agents or employees for transportation or carriage, the body of a deceased person without the burial permit issued under this Act commits an offence.
(2) If the death occurred outside British Columbia 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 British Columbia.
Section 54 (2) (a) and (b) BEFORE amended by 2002-74-36(a), (b) and (c) effective December 19, 2002 (BC Reg 381/2002).
(a) prescribing the duties of and records to be kept by the district registrars;
(b) 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 those persons;
Section 54 (2) (g) and (h) BEFORE amended by 2002-74-36(b), effective December 19, 2002 (BC Reg 381/2002).
(g) prescribing the evidence on which the director may register a birth, stillbirth, marriage or death after one year from the date of it;
(h) prescribing the evidence on which the director may make a registration of birth under section 8 (1);
Section 54 (2) (i) BEFORE repealed by 2002-74-36(d), effective December 19, 2002 (BC Reg 381/2002).
(i) requiring persons in charge of schools in designated areas of British Columbia to prepare and deliver to the director returns respecting the names, dates and places of birth of children enrolled in those schools.
Section 54 (2) (c.1), (3) and (4) were added by 2011-25-462, effective March 18, 2013 (BC Reg 131/2012).
Section 54 (2) BEFORE amended by 2014-14-131, effective May 29, 2014 (Royal Assent).
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing the duties of and records to be kept by the vital statistics registrars;
(b) designating the persons who may have access to or may be given copies of or information from the records in the office of the chief executive officer or of a vital statistics registrar and prescribing an oath of secrecy to be taken by those persons;
(b.1) prescribing bodies with which the chief executive officer may enter into information-sharing agreements under section 41.1 (2) (d);
(c) providing for the registration of births, stillbirths, marriages, deaths, adoptions or changes of name in cases not otherwise provided for in this Act;
(c.1) in respect of a child born as a result of assisted reproduction, respecting the information that must be provided on registration of the child's birth;
(d) prescribing the fees to be paid for searches, certificates and anything done or permitted to be done under this Act or section 63 or 64 of the Adoption Act;
(e) providing for the waiver of payment of prescribed fees in favour of any person or class of persons;
(f) designating the persons who may sign registrations;
(g) prescribing the evidence on which the chief executive officer may register a birth, stillbirth, marriage or death after one year from the date of it;
(h) prescribing the evidence on which the chief executive officer may make a registration of birth under section 8 (1);
(j) respecting restrictions or prohibitions on the use of a birth, marriage or death certificate, or classes of those certificates.