VITAL STATISTICS ACT

[RSBC 1996] CHAPTER 479

[Updated to October 1, 1998]

Contents

Section 1 – Definitions

1 In this Act:

"birth" means the complete expulsion or extraction from its mother, irrespective of the duration of the pregnancy, of a product of conception in which, after the expulsion or extraction, there is

(a) breathing,

(b) beating of the heart,

(c) pulsation of the umbilical cord, or

(d) unmistakable movement of voluntary muscle,

whether or not the umbilical cord has been cut or the placenta attached;

"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;

"cemetery owner" includes the manager, superintendent, caretaker or other person in charge of a cemetery;

"certificate" means a certified extract of the prescribed particulars of a registration filed in the office of the director;

"columbarium" means a structure designed for the purpose of storing the ashes of human remains which have been cremated;

"cremation" means incineration of a dead body in a crematorium as provided by the Cemetery and Funeral Services Act;

"crematorium" means a building fitted with appliances for the purpose of burning human remains, and includes everything incidental or ancillary to it;

"director" means the Director of Vital Statistics;

"district registrar" means a district registrar holding office under this Act;

"funeral director" means a person who has possession of a dead human body for the purpose of burial, cremation or other disposition;

"given name" includes a Christian name and a baptismal name;

"incapable" means unable because of death, illness, absence from British Columbia or otherwise;

"inspector" means an Inspector of Vital Statistics;

"international classification" means the International Statistical Classification of Diseases, Injuries and Causes of Death as last revised by the International Conference assembled for that purpose and published by the World Health Organization;

"occupier" includes

(a) the person having the management or charge of any public or private institution where persons are cared for or confined, and

(b) the proprietor, manager, keeper or other person in charge of an hotel, inn, apartment, lodging house or other dwelling or accommodation;

"registration district" means a registration district established under this Act;

"state" means any state or territory of the United States of America and includes the District of Columbia;

"stillbirth" means the complete expulsion or extraction from its mother after at least 20 weeks pregnancy, or after attaining a weight of at least 500 g, of a product of conception in which, after the expulsion or extraction, there is no breathing, beating of the heart, pulsation of the umbilical cord or unmistakable movement of voluntary muscle.

Section 2 – 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 3 – 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 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.

(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.

(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 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.

(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 4 – Name of child

4 (1) The surname of a child must be registered as follows:

(a) if only one parent completes the statement under section 3, the surname must be the one chosen by that parent;

(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.

(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.

(3) For the purpose of subsection (1) (c) (ii) and (d) (ii) and if subsection (2) applies, the one name to be used under subsection (2) is the name that alphabetically precedes the other.

Section 5 – Additional evidence required

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,

(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 – Birth registration within one year

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 7 – 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 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 8 – 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 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 9 – Registration of names

9 (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.

(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.

(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 – Alteration or addition of given names by director

10 (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

(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) 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.

(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 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 11 – Stillbirths

11 (1) A stillbirth in British Columbia must be registered as provided in this Act.

(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.

(7) Subject to this section, sections 2, 6, 7 and 17 to 24 apply to stillbirths.

Section 12 – Registration of adoption

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 13 – Special register of adoptions

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 14 – Birth certificate after adoption

14 (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.

(2) Subsection (1) is subject to sections 63 and 64 of the Adoption Act.

Section 15 – Registration of marriages

15 (1) A marriage solemnized in British Columbia must be registered as provided in this Act.

(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 16 – Late registration of marriage

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 17 – Particulars of deaths

17 (1) The death of a person who dies in British Columbia must be registered as provided in this Act.

(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:

(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 residing or being in the registration district;

(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 inquiry or held an inquest regarding the death.

Section 18 – Medical certificate

18 (1) A medical certificate must be prepared in accordance with subsection (2) in any of the following circumstances:

(a) if a medical practitioner

(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 inquiry 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 inquiry 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 director stating in it the cause of death according to the international classification, and

(b) make the certificate available to the funeral director.

(3) If

(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 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.

(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 19 – 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 – 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) 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 21 – Registration of death by director

21 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.

Section 22 – Burial permit

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 23 – Cemetery owners duties

23 A cemetery owner must not permit the burial or cremation of a dead body in the cemetery unless the funeral director or the person officiating at the burial has delivered to the cemetery owner the appropriate copy of the burial permit.

Section 24 – Birth or death on aircraft or ship

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 – 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 – Change of name

26 (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.

(2) A birth or marriage certificate, issued after the recording of a change under this section, must be issued as if the original registration had been made in the name of the person as changed under the Name Act.

Section 27 – 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 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.

(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 28 – Registrations fraudulently or improperly obtained

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 29 – Corrections of errors and omissions

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.

(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 30 – 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 31 – 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 32 – Registration districts

32 (1) For the purposes 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 – District registrars

33 (1) The minister may appoint district registrars and deputy district registrars necessary for carrying out this Act.

(2) The remuneration of district registrars and deputy district registrars is to be as prescribed by regulation.

Section 34 – 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 – 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 36 – Birth certificates

36 (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:

(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 birth certificate must contain all of the following:

(a) the name of the person;

(b) the date of birth;

(c) the place of birth;

(d) the sex of the person;

(e) the date of registration;

(f) the serial number of the registration.

(3) A birth certificate may contain the names and places of birth of the parents.

(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:

(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 37 – Marriage certificates

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 38 – Death certificate

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 39 – Certificates generally

39 (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.

(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).

(6) If the deputy minister has issued an order under subsection (4), the deputy minister may at any time amend or revoke it or issue a further order under it.

Section 40 – 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 41 – 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 42 – Power to take affidavits

42 The director, acting director, inspector and every district registrar and deputy district registrar has, for the purposes of this Act only, the powers of a commissioner for taking affidavits for British Columbia.

Section 43 – Publication of statistical information

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 44 – Annual report

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 45 – Records property of government

45 (1) All records, books and other documents pertaining to any office under this Act are the property of the government.

(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.

(3) A person who fails to comply with subsection (2) commits an offence.

Section 46 – Confidential information

46 (1) A district registrar, deputy district registrar or a person employed in the service of the government must not

(a) communicate or allow to be communicated to any person not entitled to it any information obtained under this Act, or

(b) allow the person to inspect or have access to records containing information obtained under this Act.

(2) Nothing in subsection (1) prohibits the completion, furnishing or publication of statistical data that does not disclose specific information with respect to a particular person.

Section 47 – 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 – Establish forms

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 – Failure to carry out duties

49 (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.

(2) If more than one person is required to give a notice or to register or to furnish any statement, certificate or particulars required under this Act and the duty is carried out by any of those persons, the other or others are absolved from the performance of the duty.

Section 50 – Interference with public notice

50 A person who wilfully removes, defaces or destroys a public notice relating to the registration of births, stillbirths, marriages or deaths commits an offence.

Section 51 – 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 52 – Prohibition against other registration systems

52 A system of registration of births, deaths or marriages must not be maintained or continued in British Columbia other than as authorized by this Act.

Section 53 – Requirements for prosecutions

53 (1) A prosecution must not be commenced under this Act without the consent of the deputy minister.

(2) A prosecution under this Act must be commenced within 10 years after the offence.

Section 54 – Power to make regulations

54 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(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 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;

(c) providing for the registration of births, stillbirths, marriages, deaths, adoptions or changes of name in cases not otherwise provided for in this Act;

(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 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);

(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.