Vital Statistics Act

Consolidated act
Citation
S.N.W.T. 2011, c.34
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cited by
Contents
1. Definitions 2. Application 3. Vital Statistics Register 4. Ownership of records 5. Appointment: Registrar General, Deputy Registrar General 6. Duties: Registrar 7. Appointment: subregistrars 8. Records in vital statistics register 9. Electronic database 10. Electronic version of records 11. Requirements: registration of event 12. Inquiry by Registrar General 13. Reasons for refusal 14. Amendment: error or omission 15. Amendment before registration 16. Application 17. Notice 18. Amendment by notation 19. Reasons for refusal 20. Cancellation of erroneous registration 21. Notice: cancellation of improper registration 22. Notation of cancellation 23. Registration of births 24. Duty to submit birth registration statement 25. Birth 26. Birth 27. Registration within one year 28. Application for registration 29. Completion of birth registration statement 30. Provision of information 31. Copy to Director under Child and Family Services Act 32. Requirements for name 33. Registration of surname 34. Application for amendment to given name 35. Refusal of name 36. Restriction 37. Application for addition of parent or change of surname 38. Registration of adoption or custom adoption 39. Records in special register 40. Definition: "registry information" 41. Application for amendment to designation of sex 42. Amendment to 43. Registration of stillbirths 44. Duty to enter personal particulars 45. Duty to complete medical certificate 46. Duty of coroner to submit statement 47. Duties of hospital 48. Application of other sections 49. Registration of marriages 50. Waiver of signature 51. Registration within one year 52. Application for registration 53. Completion of marriage registration statement by Registrar 54. Certified copy of order 55. Registration of deaths 56. Definition: "relative" 57. Duty to complete medical certificate 58. Duty of coroner to submit statement 59. Duties of hospital 60. Duties of funeral planner 61. Burial permit 62. Duties of coroner where body not recovered 63. Registration within one year 64. Application for registration 65. Registration where body not recovered 66. Requirements for registration of reportable 67. Person presumed dead 68. Restriction 69. Application for reburial permit 70. Burial permit required 71. Burial without burial permit 72. Reburial permit required 72.1. Cremation of body 73. Maintenance of records 74. Notation of change of name 75. Application 76. Application for search, certificate or 77. Eligibility: birth 78. Search of vital statistics register 79. Certificate after amendment or substitution 80. Issuance of birth certificate 81. Certified copy of birth registration statement 82. Restriction 83. Issuance of marriage certificate 84. Certified copy of marriage registration 85. Issuance of death certificate 86. Certified copy of death registration 87. Certified copy of stillbirth registration 88. Appeal of refusal 89. Security of information and records 90. Definitions 91. Return 92. Collection of information from other jurisdictions 93. Information sharing agreement 94. Access to information 95. Statistical information 96. Inconsistency or conflict 97. Form 98. Oaths and affirmations 99. Name exceeding available space 100. Certificate, certified copy admissible as evidence 101. Limitation 102. Submission or delivery to Registrar General 103. Waiver of fees 104. Continuing obligation 105. False information to procure registration 106. False information in document or evidence 107. False or altered document 108. Use or possession for unlawful 109. Offence and punishment: general 110. Regulations 111. Registrar General of Vital Statistics 112. Continuation of activities 113. Repealed 114. Repealed 115. Repealed 116. Repealed
Regulations
Vital Statistics Regulations

The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:

INTERPRETATION AND

APPLICATION

Interpretation

Definitions

1.

In this Act,

"birth" means the complete expulsion or extraction from its mother, irrespective of the duration of pregnancy, of a product of conception in which, after the expulsion or extraction, there is breathing, beating of the heart, pulsation of the umbilical cord or unmistakable movement of voluntary muscle, whether or not the umbilical cord has been cut or the placenta is attached; (naissance)

"birth registration statement" means a statement providing particulars for the registration of a birth; (déclaration d’enregistrement de naissance)

"burial permit" means a burial permit issued under subsection 61(1); (permis d’inhumer)

"cemetery" means land set apart or used as a place for the interment or other disposal of human remains, and includes a vault, mausoleum and crematorium; (cimetière)

"cemetery owner" means the owner, manager, superintendent, caretaker or other person in charge of a cemetery; (propriétaire de cimetière)

"certificate" means a certified extract of information set out in a statement registered in respect of an event; (certificat)

"certified copy", in respect of a statement, means

(a) a copy of the registered statement, including any notations respecting amendments or corrections made to the statement, certified by the Registrar General, or

(b) if an electronic version of the registered statement has been created and maintained as a permanent record under section 10, a printout of the electronic version, including any notations respecting amendments or corrections made to the statement, certified by the Registrar General; (copie certifiée conforme)

"cremation" means disposal of a dead body in a crematorium, by incineration or by any other physical or chemical process; (crémation)

"crematorium" means a building or a part of a building used for the purpose of cremation and includes appliances and other equipment incidental or ancillary to that purpose; (crématorium)

"death registration statement" means a statement providing particulars for the registration of a death; (déclaration d’enregistrement de décès)

"Deputy Registrar General" means the Deputy Registrar General of Vital Statistics appointed under section 5; (registraire général adjoint)

"event" means a birth, death, stillbirth or marriage; (événement)

"father" means a person who acknowledges himself to be the biological father of a child; (père)

"former Act" means the Vital Statistics Act, R.S.N.W.T. 1988, c.V-3; (loi antérieure)

"funeral planner" means a person who takes charge of a dead body for the purpose of burial, cremation or other disposition; (planificateur de pompes funèbres)

"health care professional" means

(a) a medical practitioner as defined in section 1 of the Medical Profession Act,

(b) a registered midwife as defined in section 1 of the Midwifery Profession Act, or

(c) a registered nurse, a nurse practitioner, a licensed practical nurse or a registered psychiatric nurse, each as defined in subsection 1(1) of the Nursing Profession Act; (professionnel de la santé)

"hospital" means a facility listed in Schedule A of the Hospital Insurance Regulations made under the Hospital Insurance and Health and Social Services Administration Act; (hôpital) "incapable" means unable to act because of death, illness, absence from the Northwest Territories or otherwise; (incapable)

"marriage registration statement" means a statement providing particulars for the registration of a marriage; (déclaration d’enregistrement de mariage)

"mother" means a person who gives birth to a child; (mère)

"other parent" means a person other than the mother of a child who is presumed to be and is recognized in law to be a parent of a child under section 8.1 of the Children’s Law Act; (autre parent)

"parent" means a mother, father or other parent; (parent)

"person in charge of a hospital" means a person in charge of a hospital or his or her designate; (responsable d’hôpital)

"record" means a record of information in any form, and

(a) includes information that is written, photographed, recorded or stored in any manner, and

(b) does not include a computer program or other mechanism that produces records; (acte)

"registered" means

(a) in connection with an event or a statement, registered in the vital statistics register under this Act or the former Act, or

(b) in connection with an adoption or a custom adoption, registered in the special register under this Act or the former Act; (enregistré)

"Registrar General" means the Registrar General of Vital Statistics appointed under section 5; (registraire général)

"reportable death" means a reportable death as defined in section 1 of the Coroners Act; (décès à déclaration obligatoire)

"satisfactory evidence" or "satisfactory supporting evidence" means evidence or supporting evidence that is satisfactory to the Registrar General; (preuve satisfaisante)

"special register" means the special register continued under subsection 3(3); (registre spécial)

"statement" means

(a) a birth registration statement,

(b) a death registration statement,

(c) a marriage registration statement, or

(d) a stillbirth registration statement; (déclaration)

"stillbirth" means the complete expulsion or extraction from its mother, either after at least 20 weeks of pregnancy or after attaining a weight of 500 grams, 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 movement of voluntary muscle; (mortinaissance)

"stillbirth registration statement" means a statement providing particulars for the registration of a stillbirth; (déclaration d’enregistrement de mortinaissance)

"subregistrar" means a subregistrar appointed under subsection 7(1); (sous-registraire)

"vital statistics register" means the vital statistics register established under subsection 3(1). (registre de l’état civil) SNWT 2015,c.14,s.31(2); SNWT 2017,c.18, s.2(2); SNWT 2023,c.32,s.123.

Application

Application

2.

(1) This Act applies in respect of events occurring before or after the coming into force of this Act.

Occurrence of event in transit

(2) If an event occurs on a vessel in transit or on an aircraft in flight, and the first port of call of the vessel or the first place of landing of the aircraft after the event is in the Northwest Territories, the event is deemed to have occurred in the Northwest Territories for the purposes of this Act.

Recovery by vessel

(3) If the crew of a vessel recovers a body in the water and the first port of call of the vessel after the recovery is in the Northwest Territories, the death is deemed to have occurred in the Northwest Territories for the purposes of this Act.

PART 1 ADMINISTRATION

Vital Statistics Register and Special Register

Vital Statistics Register

3.

(1) The vital statistics register is established.

Content

(2) The vital statistics register consists of records respecting the registration of events

(a) that, immediately before the coming into force of this Act, are in the possession or under the control of the Registrar General or a district registrar under the former Act or any other Act; and

(b) that, after the coming into force of this Act, come into the possession or under the control of the Registrar General under this Act or any other Act.

Special Register

(3) The special register maintained under subsection 14(1) of the former Act is continued.

Ownership of records

4.

The records in the vital statistics register and the special register are the property of the Government of the Northwest Territories.

Registrar General and Deputy Registrar General

Appointment: Registrar General, Deputy Registrar General

5.

The Minister shall appoint a Registrar General of Vital Statistics and a Deputy Registrar General of Vital Statistics.

Duties: Registrar

6.

(1) The Registrar General shall

(a) administer this Act and the regulations;

(b) supervise the operation of the vital statistics register and the special register;

(c) maintain the records in the vital statistics register and the special register; and

(d) direct and supervise the Deputy Registrar General, subregistrars and other staff employed in the administration of this Act.

Duties: Deputy Registrar General

(2) The Deputy Registrar General

(a) shall assist the Registrar General;

(b) may exercise the powers and shall perform the duties of the Registrar General as directed by the Registrar General; and

(c) may act in the place of the Registrar General if he or she is absent or unable to act, or if the office of the Registrar General is vacant.

Subregistrars

Appointment: subregistrars

7.

(1) The Registrar General may appoint subregistrars.

Duties: subregistrar

(2) A subregistrar

(a) may exercise such powers and shall perform such duties of the Registrar General as are assigned to the subregistrar by the Registrar General; and

(b) may exercise the powers and shall perform the duties of a subregistrar as set out or referred to in this Act and the regulations.

Preservation of Records

Records in vital statistics register

8.

The Registrar General shall maintain, and subject to subsection 10(2), shall permanently preserve in the vital statistics register,

(a) registered statements, including any notations effecting the amendment, correction or cancellation of a registered statement; and

(b) records submitted to the Registrar General in support of a statement, amendment, correction or cancellation referred to in paragraph (a).

Electronic Database

Electronic database

9.

(1) The Registrar General may establish and maintain an electronic database of

(a) the particulars of registered events;

(b) the particulars of amendments and corrections to statements registered in respect of events;

(c) information respecting the cancellation of registrations; and

(d) information respecting the issuance of certificates and certified copies of registered statements.

Electronic permanent records

(2) The electronic database does not include the electronic version of records maintained under subsection 10(2) as a permanent record of the original record.

Reliance on electronic database

(3) Subject to subsection (4), the Registrar General may rely on the information recorded in the electronic database for any purpose related to the administration of this Act.

Conflict or inconsistency

(4) If there is a conflict or inconsistency between any information recorded in the electronic database and information set out in an original record or an electronic version of an original record, the information set out in the original record or electronic version prevails.

Correction of error or omission

(5) The Registrar General may at any time and on his or her initiative, correct a clerical or typographical error or omission in the electronic database.

Electronic Version of Records

Electronic version of records

10.

(1) The Registrar General may copy and create an electronic version of any original record.

Disposal of original record

(2) The Registrar General may dispose of an original record, in accordance with the regulations, if he or she maintains an electronic version of the original record as a permanent record.

PART 2

REGISTRATION

General

Requirements: registration of event

11.

(1) Subject to sections 29, 30 and 53, the Registrar General may only register an event if he or she has received a statement in respect of the event and

(a) is satisfied as to the sufficiency of the statement;

(b) has no reason to believe that the statement or any supporting document, information or evidence

(i) is false or contains any false or misleading information, or

(ii) was submitted in bad faith or for an unlawful or improper purpose; and

(c) is satisfied that any other requirements in the Act or regulations respecting the statement or the registration have been met.

Requirements: acceptance of statement

(2) The Registrar General may only accept a statement in respect of an event if

(a) the statement is signed by the person making it;

(b) the name of the subject individual, and all particulars expressed in words, are written entirely in the characters of the Roman alphabet; and

(c) all particulars expressed in numerals, other than numerals that form part of an individual’s name, are written entirely in Arabic numerals.

Registration

(3) An event is registered when

(a) a registration number is assigned to the event; and

(b) a statement in respect of the event is signed by the Registrar General and registered in the vital statistics register.

Inquiry by Registrar General

12.

(1) The Registrar General shall, before or after the registration of an event, inquire into the matter if he or she has received a statement in respect of an event and

(a) is not satisfied as to the sufficiency of the statement;

(b) has reason to believe that the statement or any supporting document, information or evidence

(i) contains an error or omission of fact,

(ii) is false or contains false or misleading information, or

(iii) was submitted in bad faith or for an unlawful or improper purpose; or

(c) is not satisfied that other requirements of this Act or the regulations respecting the statement or the registration of the event have been met.

Powers of Registrar General

(2) The Registrar General may, for the purpose of an inquiry under subsection (1), require any person to do one or more of the following:

(a) provide information or evidence about the event that is in the person’s possession or under his or her control, in the form and manner required by the Registrar General;

(b) attend at the time and place specified by the Registrar General to be examined respecting any matter relating to the registration of the event.

Reasons for refusal

13.

On refusing to register an event, the Registrar General

(a) shall provide written reasons to each person who signed a statement in respect of the event; and

(b) may provide written reasons to any person that the Registrar General considers may be interested in or affected by the refusal.

Amendment of Statement

Amendment: error or omission

14.

The Registrar General may, on his or her initiative and before or after registering an event, amend a statement submitted in respect of the event if he or she is satisfied that the statement contains a clerical or typographical error or omission.

Amendment before registration

15.

The Registrar General may, before registering an event, amend a statement submitted in respect of the event on the basis of information or evidence received by the Registrar General, if he or she is satisfied that

(a) the statement is missing one or more of the particulars of the event or an error or omission of fact exists in the statement;

(b) the amendment is not likely to mislead anyone materially or adversely; and

(c) the information or evidence received would be acceptable for registration under subsection 11(1).

Application

16.

(1) A person may apply to the Registrar General after an event is registered for an amendment to the statement registered in respect of the event.

Amendment after registration

(2) Subject to this Act, the Registrar General may amend a statement registered in respect of an event if he or she

(a) receives

(i) an application under subsection (1),

(ii) satisfactory supporting evidence, and

(iii) payment of the prescribed fee; and

(b) is satisfied that

(i) the statement is missing one or more of the particulars of the event or an error or omission of fact exists in the statement,

(ii) the amendment is not likely to mislead anyone materially or adversely, and

(iii) the information or evidence received would be acceptable for registration under subsection 11(1).

Notice

17.

Before amending a statement the Registrar General may provide notice to any person that he or she considers may be interested in or affected by the amendment.

Amendment by notation

18.

(1) The Registrar General shall amend a statement by

(a) adding a notation on the statement, without altering, obscuring or defacing the original information or entry; and

(b) signing the notation.

Amendment of electronic version

(2) The Registrar General shall amend an electronic version of a statement in accordance with the regulations.

Reasons for refusal

19.

On refusing to amend a statement registered in respect of an event, the Registrar General

(a) shall provide written reasons to the applicant; and

(b) may provide written reasons to any person that the Registrar General considers may be interested in or affected by the refusal.

Cancellation of Registration

Cancellation of erroneous registration

20.

(1) The Registrar General may cancel the registration of an event if he or she is satisfied that

(a) the registration was made in error; and

(b) the cancellation is not likely to mislead anyone materially or adversely.

Notice

(2) Before cancelling a registration under subsection (1), the Registrar General may provide notice to any person that he or she considers may be interested in or affected by the cancellation.

Notice: cancellation of improper registration

21.

(1) If the Registrar General is satisfied that the registration of an event has been fraudulently or improperly obtained, he or she shall serve notice of his or her intention to cancel the registration on

(a) a person who signed a statement in respect of the event; and

(b) any person that the Registrar General considers may be interested in or affected by the cancellation.

Notice requirements

(2) A notice referred to in subsection (1) must

(a) be served at least 60 days before the intended cancellation; and

(b) specify

(i) the date by which any objection to the cancellation must be made, and

(ii) that any objection must be in made in writing.

Substitutional service

(3) If the Registrar General is unable to serve notice on a person referred to in subsection (1), he or she may apply to the Supreme Court for an order for substitutional service or an order dispensing with service.

Cancellation without notice

(4) If the Registrar General is satisfied that it is in the public interest to cancel a registration without serving notice under subsection (1), he or she may apply to the Supreme Court for an order dispensing with service and authorizing the Registrar General to cancel the registration.

Cancellation if no objection

(5) The Registrar General may cancel a registration if no person served with notice under subsection (1) objects to the cancellation in writing within the time specified in the notice.

Application to Supreme Court

(6) If, after considering objections, the Registrar General is satisfied that a registration should be cancelled, he or she shall apply to the Supreme Court for an order authorizing the cancellation.

Cancellation in accordance with order

(7) The Registrar General shall cancel a registration in accordance with an order of the Supreme Court.

Notation of cancellation

22.

(1) The registration of an event is cancelled when the Registrar General makes a notation to that effect on the statement registered in respect of the event.

Order to deliver

(2) Where the Registrar General cancels the registration of an event he or she may order a person to deliver to the Registrar General, within the time he or she specifies, every certificate or certified copy issued in respect of the registration that is in the person’s possession.

Compliance with order

(3) A person who is subject to an order of the Registrar General under subsection (2) shall comply with the order within the time period specified in the order.

PART 3

REGISTRATION OF BIRTHS

Birth Registration Statement

Registration of births

23.

The birth of every child born in the Northwest Territories must be registered as provided in this Part.

Duty to submit birth registration statement

24.

(1) The following persons shall, within 30 days after the birth of a child in the Northwest Territories, complete and submit to the Registrar General a birth registration statement in accordance with this Part:

(a) the mother of the child;

(b) the father or other parent of the child;

(c) a person who stands in the place of the parents, if the parents of the child are incapable, or the mother of the child is incapable and there is no person to whom paragraph (b) applies.

Requirements

(2) A birth registration statement must include particulars of

(a) the child;

(b) the mother; and

(c) the father or other parent, if the father or other parent signs the statement.

Multiple births

(3) If a pregnancy results in the birth of more than one child, a separate birth registration statement must be submitted for each child and each birth registration statement must indicate the number of children born and their order of birth.

Birth

25.

(1) If a birth occurs in a hospital, or occurs in a place other than a hospital but the child is brought to a hospital shortly thereafter, the person in charge of the hospital shall provide a birth registration statement form

(a) to the parents of the child

(i) before the child is released from the hospital, or

(ii) within 24 hours after the birth of the child, if the child has not been released from the hospital within that time; or

(b) to a person to whom paragraph 24(1)(c) applies, without delay after the birth occurs.

Duties of hospital

(2) A person in charge of a hospital referred to in subsection (1) shall

(a) make a reasonable effort to obtain a completed birth registration statement in respect of a child from the parents of the child or a person to whom paragraph 24(1)(c) applies

(i) before the child is released from the hospital, or

(ii) within 48 hours after the birth of the child, if the child has not been released from the hospital within that time; and

(b) if he or she obtains a completed birth registration statement, submit it to the Registrar General without delay.

Omitted particulars

(3) Where a person in charge of a hospital obtains a birth registration statement in which any particulars of the birth are omitted, he or she shall enter any of the omitted particulars that are known to him or her before submitting the statement to the Registrar General.

Restriction

(4) A person in charge of a hospital shall not enter particulars on a birth registration statement that has been signed by a parent unless that parent is notified of the entry.

Notice of birth

(5) A person in charge of a hospital who is unable to obtain a completed birth registration statement shall, without delay, submit a notice of birth to the Registrar General.

Duties of Health Care Professional

Birth

26.

(1) A health care professional who attends at a birth that occurs in a place other than a hospital shall, without delay after the birth, provide a birth registration statement form to the parents of the child or to a person to whom paragraph 24(1)(c) applies.

Duties of health care professional

(2) A health care professional referred to in subsection (1) shall

(a) make a reasonable effort to obtain a completed birth registration statement in respect of a child from the parents of the child or a person to whom paragraph 24(1)(c) applies, within 24 hours after the birth; and

(a) if he or she obtains a completed birth registration statement, submit it to the Registrar General without delay.

Omitted particulars

(3) Where a health care professional obtains a birth registration statement in which any particulars of the birth are omitted, he or she shall enter any of the omitted particulars that are known to him or her before submitting the statement to the Registrar General.

Restriction

(4) A health care professional shall not enter particulars on a birth registration statement that has been signed by a parent unless the parent is notified of the entry.

Notice of birth

(5) A health care professional who is unable to obtain a completed birth registration statement shall, without delay, submit a notice of birth to the Registrar General.

Registration of Birth

Registration within one year

27.

The Registrar General shall register a birth if, within one year after the date of the birth, he or she receives a birth registration statement in respect of the birth.

Application for registration

28.

(1) If a birth is not registered within one year after the date of the birth, any person may apply to the Registrar General to register the birth.

Registration after one year

(2) The Registrar General shall register a birth after the expiry of one year after the date of the birth, if he or she receives

(a) an application under subsection (1);

(b) a birth registration statement in respect of the birth;

(c) satisfactory supporting evidence; and

(d) payment of the prescribed fee.

Completion of birth registration statement

29.

The Registrar General may, at any time, complete a birth registration statement in respect of the birth of a child and register the birth, if he or she

(a) receives a notice of birth or other information respecting the birth; and

(b) is satisfied that the information is correct.

Abandoned Newborn Child

Provision of information

30.

(1) If a newborn child is found abandoned, the person who finds the child and any person who assumes charge of the child shall provide to the Registrar General, within 14 days after the finding or the assumption of charge, any information that the person has in respect of the particulars of the birth of the child.

Powers of Registrar General

(2) If the Registrar General is satisfied that every reasonable effort has been made without success to identify a child described in subsection (1) or to locate a parent of the child, the Registrar General may

(a) require the person who found the child or has charge of the child to

(i) make a statutory declaration setting out the facts respecting the finding of the child, and

(ii) complete, to the extent that the person is able, a birth registration statement in respect of the birth, including the name informally given to the child, if any; and

(b) cause the child to be examined by a medical practitioner.

Statutory declaration: medical practitioner

(3) A medical practitioner who examines a child in accordance with paragraph (2)(b) shall, without delay, make and submit to the Registrar General a statutory declaration setting out the facts as determined by the examination, including the sex and the date or probable date of birth of the child.

Completion of birth registration statement

(4) The Registrar General may complete a birth registration statement in respect of a child described in subsection (1) on the basis of the information obtained under subsections (2) and (3) and register the birth.

Establishing name

(5) The Registrar General may establish a surname and given name for a child described in subsection (1), having regard to any names informally given to the child by persons who have charge of the child, if the information established under subsection (2) does not establish a name.

Copy to Director under Child and Family Services Act

31.

(1) The Registrar General shall, after registering a birth under subsection 30(4), send a copy of the documents filed in respect of the registration to the Director under the Child and Family Services Act.

Further information

(2) If, after registering a birth under subsection 30(4), the Registrar General receives further information respecting the particulars of the child and he or she is satisfied that the information is correct, the Registrar General shall

(a) amend the birth registration statement in respect of the birth; and

(b) notify the Director under the Child and Family Services Act of the amendment without delay.

Name of Child

Requirements for name

32.

(1) The Registrar General shall register the birth of child with a name that

(a) includes a surname with no more than two components;

(b) includes at least one given name; and

(c) is written entirely in the letters of the Roman alphabet.

Double surname

(2) The components of a double surname may be joined by a hyphen.

Registration without given name

(3) Notwithstanding subsection (1), where a birth registration statement in respect of a child does not show a given name for the child, or the given name does not meet the requirements of this section or is refused by the Registrar General under section 35, the Registrar General may register the birth of the child without a given name.

Registration of single name

(4) Notwithstanding subsection (1), the Registrar General may register the birth of a child with a single name that is determined in accordance with the child’s traditional culture if the person completing the birth registration statement in respect of the child provides the Registrar General with the supporting evidence required by the regulations.

Who proposes single name

(5) The single name to be registered under subsection (4) must be the single name proposed by

(a) both parents, if they both complete the birth registration statement in respect of the child and agree on the name; or

(b) the person who completes the birth registration statement, if only one person completes the birth registration statement in respect of the child.

SNWT 2016,c.12,s.3(2).

Surname of Child

Registration of surname

33.

(1) The Registrar General shall register the surname of a child as follows:

(a) if the parents who complete the birth registration statement in respect of the child agree on the surname, the surname must be the one chosen by the parents;

(b) if only one parent completes the birth registration statement in respect of the child, the surname must be the one chosen by that parent;

(c) if the parents who complete the birth registration statement in respect of the child do not agree on the surname, the surname must be

(i) the parents’ surname, if the parents have the same surname, or

(ii) a surname consisting of the parents’ surnames hyphenated or combined in alphabetical order, if the parents have different surnames;

(d) if a person who is not the child’s parent completes the birth registration statement in respect of the child, the surname must be

(i) the parents’ surname, if the parents have the same surname,

(ii) a surname consisting of the parents’ surnames hyphenated or combined in alphabetical order, if the parents have different surnames, or

(iii) if the surname of only one parent is known, the surname of that parent;

(e) in accordance with the direction of a court referred to in subsection 36(2).

Restriction

(2) If the circumstances described in subparagraph (1)(c)(ii) or (d)(ii) apply in respect of a child and one or both of the parents has a hyphenated or combined surname, only one of the names in a parent’s surname may be used in the surname of the child.

Amendment to Name

Application for amendment to given name

34.

(1) If the birth of a child has been registered, and the birth registration statement in respect of the birth does not include a given name, or the child is, within five years after the date of the birth, known by a given name that is different from or in addition to the given names that have been registered, the following persons may apply to the Registrar General to amend the birth registration statement to change or add a given name:

(a) the persons who are identified as the parents on the birth registration statement;

(b) the persons who have lawful custody of the child;

(c) the child, on attaining the age of majority;

(d) the child before attaining the age of majority, if the Registrar General is satisfied, having regard to the age and maturity of the child, that the amendment is justified.

Requirements

(2) The Registrar General shall amend a birth registration statement to change or add a given name if he or she receives

(a) an application under subsection (1);

(b) satisfactory supporting evidence; and

(c) payment of the prescribed fee.

Refusal of Name

Refusal of name

35.

(1) Notwithstanding sections 32 to 34, the Registrar General may refuse to register a name proposed on a birth registration statement or to add or change the name of a child on a birth registration statement, if he or she is satisfied that the name

(a) might reasonably cause confusion or embarrassment to the child or another person; or

(b) might be used in a manner that could defraud or mislead the public.

Reasons for refusal

(2) On refusing to register, add or change a name under subsection (1), the Registrar General shall provide written reasons to the applicant. SNWT 2016,c.12,s.4.

Amendment to Parentage

Restriction

36.

(1) The Registrar General may only amend a birth registration statement to change the particulars of parentage in accordance with this section or section 37.

Amendment to parentage or name based on court order

(2) Where the Registrar General receives a certified copy of a declaratory order respecting the parentage of a child made under section 4, 5, 5.1 or 7 of the Children’s Law Act, or made by a court of competent jurisdiction in another jurisdiction, the Registrar General shall, if the birth of the child is registered and he or she receives satisfactory evidence that the child named in the order is the child named in the birth registration statement, amend the statement to

(a) change the particulars of parentage in accordance with the order; and

(b) if the order so directs, change the child’s name.

Application for addition of parent or change of surname

37.

(1) In the absence of an order referred to in subsection 36(2), if the particulars of only one parent are set out on a birth registration statement registered in respect of a child, the following persons may jointly apply to the Registrar General to amend the statement to add the particulars of another parent, change the surname of the child, or both:

(a) the parent whose particulars are set out in the statement;

(b) the parent whose particulars are proposed to be added to the statement.

Requirements

(2) The Registrar General shall amend a birth registration statement to add the particulars of another parent, change the surname of the child, or both, if he or she receives

(a) an application for the amendment under subsection (1);

(b) satisfactory supporting evidence; and

(c) payment of the prescribed fee.

Reasons for refusal

(3) On refusing to amend a birth registration statement under this section, the Registrar General shall provide written reasons to the applicants. Registration of Adoption and Custom Adoption

Registration of adoption or custom adoption

38.

(1) Where the Registrar General receives a certified copy of an adoption order made under the Adoption Act or any predecessor Act or a certified copy of a certificate recognizing a custom adoption issued under the Aboriginal Custom Adoption Recognition Act, the Registrar General shall register the adoption or custom adoption by

(a) assigning a registration number to the certified copy; and

(b) signing the certified copy and registering it in the special register.

Substitution of birth registration statement

(2) Where the birth of an adopted person had been registered prior to the registration of an adoption or custom adoption, or is registered thereafter, and the Registrar General receives satisfactory evidence that the adopted person is the person named in the birth registration statement, the Registrar General shall

(a) withdraw the statement from the vital statistics register; and

(b) substitute a new birth registration statement.

Date

(3) The date of a new birth registration statement referred to in paragraph (2)(b) must be the date of the withdrawn birth registration statement.

Requirements of new birth registration statement

(4) A new birth registration statement referred to in paragraph (2)(b) must include the following:

(a) the date and place of birth recorded on the withdrawn birth registration statement;

(b) in the case of an adoption, the other particulars of birth as if the child had been born to the adoptive parent or parents, in accordance with the facts contained in the adoption order;

(c) in the case of a custom adoption, the other particulars of birth in accordance with the facts contained in the certificate recognizing the custom adoption, including the names of

(i) the adoptive parents, and

(ii) the birth parents as set out in the withdrawn birth registration statement.

Registration of adoption in other jurisdiction

(5) Where the Registrar General receives a certified copy of an adoption order, judgment or decree made by a court of competent jurisdiction in another jurisdiction, or satisfactory evidence of an adoption in accordance with aboriginal custom or law recognized in law in a province or another territory, and the birth of the adopted person has been registered, the Registrar General shall, if he or she receives satisfactory evidence that the adopted person is the person named in the birth registration statement,

(a) register the adoption in the manner set out in subsection (1); and

(b) withdraw the statement from the vital statistics register and substitute a new birth registration statement that includes

(i) the date and place of birth recorded on the withdrawn birth registration statement, and

(ii) the other particulars of birth as if the child had been born to the adoptive parent or parents, in accordance with the facts contained in the adoption order or other evidence.

Delivery of certified copy

(6) Where the Registrar General receives a certified copy of an adoption order made under the Adoption Act or any predecessor Act or a certified copy of a certificate recognizing a custom adoption issued under the Aboriginal Custom Adoption Recognition Act in respect of a person born outside the Northwest Territories, the Registrar General shall deliver a certified copy of the order or certificate to the person in charge of the registration of births in the other jurisdiction.

Special Register

Records in special register

39.

The Registrar General shall maintain and, subject to subsection 10(2), permanently preserve in the special register

(a) the original birth registration statements withdrawn from the vital statistics register under subsections 38(2) and (5); and

(b) the certified copies and other evidence referred to in subsections 38(1) and (5) that have been received by the Registrar General, other than a certified copy required for the purposes of subsection 38(6).

Disclosure of Adoption

Information

Definition: "registry information"

40.

(1) In this section, "registry information" means information deposited with the Adoption Registry under the Adoption Act.

Certified copy of original birth registration statement

(2) The Registrar General may, on application and payment of the prescribed fee, issue a certified copy of an original birth registration statement maintained in the special register in respect of an adopted person, to

(a) a person referred to in subsection 64(1) or 66(1) of the Adoption Act, if the Registrar under that Act has disclosed to the applicant registry information relating to the adopted person; or

(b) any person, whether or not the adopted person has attained the age of majority, if

(i) the Registrar under the Adoption Act has, under section 67 of that Act, disclosed to the applicant registry information relating to the adopted person, or

(ii) the Registrar General is satisfied that the issuance is required to establish the aboriginal status of the adopted person or any other person.

Disclosure of certified copy or information

(3) A person who receives a certified copy under paragraph (2)(b)

(a) in the course of his or her professional duties, may further disclose the certified copy or information contained in it only for the purpose of protecting the health, safety or welfare, or establishing the aboriginal status, of the adopted person or of any other person; or

(b) other than as described in paragraph (a), may disclose the certified copy or information contained in it to any person.

Referral to special register

(4) Where one of the parties to a proposed marriage is an adopted child, the Registrar General may, on the request of an issuer, a registered cleric or a marriage commissioner as each is defined in section 1 of the Marriage Act, refer to the special register and disclose to the person who made the request whether the parties are prohibited from marrying each other by the Marriage (Prohibited Degrees) Act (Canada).

Disclosure prohibited

(5) No person shall, except as authorized by this section or by an order of the Supreme Court, make public or disclose to any person any entry, information or documents contained in the special register. SNWT 2017,c.20,s.14.

Amendment to Sex Designation

Application for amendment to designation of sex

41.

(1) A person who has attained the age of majority may apply to the Registrar General to amend the designation of sex on the person’s birth registration statement.

Application for minor

(2) A person who has lawful custody of a minor may apply to the Registrar General to amend the designation of sex on the minor’s birth registration statement.

Prohibition

(3) A person shall not apply for an amendment under subsection (2) if a court order, or a parental or separation agreement as defined in subsection 15(1) of the Children’s Law Act, prohibits the amendment.

Requirements of application

(4) An applicant under subsection (1) or (2) shall

(a) include the following with the application:

(i) the information and supporting evidence required by the regulations,

(ii) satisfactory evidence that the applicant or minor is the person named in the birth registration statement,

(iii) any other evidence that the Registrar may require; and

(b) comply with any other requirements of the regulations.

SNWT 2016,c.12,s.5.

Amendment to

42.

(1) The Registrar General shall amend a birth registration statement to change the designation of sex of an applicant or minor if the Registrar General

(a) receives an application under subsection 41(1) or (2) and payment of the prescribed fee; and

(b) is satisfied that the requirements of section 41 have been met.

Clarification

(2) For greater certainty, in amending a birth registration statement under subsection (1) in respect of a person whose gender identity does not correspond to male or female, the Registrar General may use another designation for the sex of the person.

Reasons for refusal

(3) On refusing to amend a birth registration statement under this section, the Registrar General shall provide written reasons to the applicant. SNWT 2016,c.12,s.5.

PART 4

REGISTRATION OF STILLBIRTHS

Stillbirth Registration Statement

Registration of stillbirths

43.

Every stillbirth that occurs in the Northwest Territories must be registered as provided in this Part.

Duty to enter personal particulars

44.

(1) Where a stillbirth occurs in the Northwest Territories, the person who would have been responsible for the registration under subsection 24(1) had the stillbirth been a birth shall, without delay after the stillbirth, enter the personal particulars of the stillborn child on a stillbirth registration statement and submit the statement to a person required to complete the medical certificate portion of the statement under section 45.

Requirements

(2) A stillbirth registration statement must include particulars of

(a) the stillborn child;

(b) the mother; and

(c) the father or other parent, if the father or other parent signs the statement.

Multiple stillbirths

(3) If a pregnancy results in the stillbirth of more than one child, a separate stillbirth registration statement must be completed for each child and each statement must indicate the number of stillborn children.

Medical Certificate

Duty to complete medical certificate

45.

The following persons shall, without delay after receiving a stillbirth registration statement with the personal particulars of the stillborn child completed, complete the medical certificate portion of the statement and submit the statement to the funeral planner:

(a) a health care professional, as defined in section 1 of the Coroners Act, who was present at the stillbirth;

(b) if no such health care professional was present at the stillbirth or the stillbirth is otherwise a reportable death, a coroner who conducts an investigation or holds an inquest respecting the stillbirth under the Coroners Act.

SNWT 2015,c.22,s.19.

Duty of coroner to submit statement

46.

If a stillbirth that is a reportable death occurs and no person referred to in subsection 44(1) provides to the coroner who conducts an investigation or holds an inquest respecting the stillbirth under the Coroners Act a stillbirth registration statement with the personal particulars of the stillborn child completed, the coroner shall, without delay,

(a) enter the personal particulars of the stillborn child on a stillbirth registration statement;

(b) complete the medical certificate portion of the statement; and

(c) submit the statement to the funeral planner.

Duties of Hospital

Duties of hospital

47.

(1) If a stillbirth occurs in a hospital, or occurs in a place other than a hospital and the body of the stillborn child is brought to a hospital shortly thereafter, and there is no reason to believe that the stillbirth is a reportable death, the person in charge of the hospital shall, before the body is released from the hospital,

(a) provide a stillbirth registration statement form to a person who is required to enter the personal particulars of the stillborn child on a statement;

(b) make a reasonable effort to obtain a stillbirth registration statement with the personal particulars of the stillborn child completed;

(c) if a stillbirth registration statement with the completed personal particulars of the stillborn child is received, obtain the completed medical certificate portion of the statement from a medical practitioner present at the stillbirth; and

(d) if the person in charge of the hospital obtains a stillbirth registration statement with the personal particulars of the stillborn child and the medical certificate portion both completed, submit the statement to the funeral planner.

Notice of stillbirth

(2) A person in charge of a hospital who is unable to obtain a stillbirth registration statement with the personal particulars of the stillborn child completed shall, without delay, submit a notice of stillbirth to the Registrar General.

Notice of stillbirth: reportable death

(3) If a stillbirth that is a reportable death occurs in a hospital, or occurs in a place other than a hospital and the body of the stillborn child is brought to a hospital shortly thereafter, the person in charge of the hospital shall, without delay, submit a notice of stillbirth to the Registrar General.

Application of other sections

48.

Sections 32 to 37, 60 to 66 and 68 to 71 apply, with the necessary changes, to stillbirths.

PART 5

REGISTRATION OF MARRIAGES

Marriage Registration Statement

Registration of marriages

49.

Every marriage performed or solemnized in the Northwest Territories in accordance with the Marriage Act must be registered as provided in this Part. SNWT 2017,c.2,s.50.

Waiver of signature

50.

On receiving a marriage registration statement under subsections 33(2) to (4) of the Marriage Act, the Registrar General may waive the requirement for a specified signature if the Registrar General is satisfied that it is not practicable to obtain that signature. SNWT 2017,c.2,s.50.

Registration of Marriage

Registration within one year

51.

The Registrar General shall register a marriage if, within one year after the date of the marriage, he or she receives a marriage registration statement in respect of the marriage.

Application for registration

52.

(1) If a marriage is not registered within one year after the date of the marriage, any person may apply to the Registrar General to register the marriage.

Registration after one year

(2) The Registrar General shall register a marriage after the expiry of one year after the date of the marriage, if he or she receives

(a) an application under subsection (1);

(b) a marriage registration statement in respect of the marriage;

(c) satisfactory supporting evidence; and

(d) payment of the prescribed fee.

Completion of marriage registration statement by Registrar

53.

The Registrar General may, at any time after the expiry of one year after the date of a marriage, complete a marriage registration statement in respect of the marriage and register the marriage, if he or she

(a) receives information respecting the marriage; and

(b) is satisfied that the information is correct.

Dissolution or Annulment of Marriage

Certified copy of order

54.

(1) Where a marriage that occurred in the Northwest Territories is dissolved or annulled by an order, judgment or decree of the Supreme Court, the Clerk of the Supreme Court shall deliver a certified copy of the order, judgment or decree to the Registrar General.

Notation of dissolution or annulment

(2) The Registrar General shall make a notation of the dissolution or annulment of a marriage on a marriage registration statement registered in respect of the marriage, if he or she receives

(a) a certified copy of an order, judgment or decree dissolving or annulling the marriage made by the Supreme Court or by a court of competent jurisdiction in a province or another territory; and

(b) satisfactory evidence that the persons named in the order, judgment or decree are the persons named in the marriage registration statement.

PART 6

REGISTRATION OF DEATHS

Death Registration Statement

Registration of deaths

55.

(1) The death of every person who dies in the Northwest Territories must be registered as provided in this Part.

Listing cause of death

(2) For the purposes of this Part, a cause of death must be listed according to the International Statistical Classification of Diseases and Related Health Problems as last revised by the International Conference for that purpose and published by the World Health Organization.

Definition: "relative"

56.

(1) In this section, "relative" includes a spouse as defined in subsection 1(1) of the Family Law Act.

Duty to enter personal particulars

(2) The following persons shall, without delay after the death of a person in the Northwest Territories, enter the personal particulars of the deceased on a death registration statement and submit the statement to a person required to complete the medical certificate portion of the statement under section 57:

(a) an adult relative of the deceased present at the death or in attendance during the last illness of the deceased;

(b) if no person referred to in paragraph (a) is available, an adult relative of the deceased;

(c) if no person referred to in paragraph (a) or (b) is available, an adult who was present at the death or has direct knowledge of the facts of the death, if he or she knows or ought to know that no adult relative of the deceased is available.

Parent under age of majority

(3) A person who has not attained the age of majority but is a parent of the deceased, may enter the personal particulars of the deceased on a death registration statement and submit the statement to a person required to complete the medical certificate portion of the statement under section 57.

Medical Certificate

Duty to complete medical certificate

57.

(1) The following persons shall, without delay after receiving a death registration statement with the personal particulars of the deceased completed, complete the medical certificate portion of the statement and submit the statement to the funeral planner:

(a) if there is no reason to believe that the death is a reportable death,

(i) the medical practitioner who was last in attendance at the death or during the last illness of the deceased, or

(ii) if no person referred to in subparagraph (i) is available, a medical practitioner, or a nurse in charge of a health centre in the community in which the death occurred, who is able to make a reasonable determination of the medical cause of death;

(b) if the death is a reportable death, the coroner who conducts an investigation or holds an inquest respecting the death under the Coroners Act.

Inquiry by Registrar General

(2) If a death occurs in circumstances where no person referred to in subsection (1) is available and there is no reason to believe that the death is a reportable death, the Registrar General

(a) shall inquire into the matter; and

(b) may take such action as he or she considers appropriate to cause the medical certificate portion of a death registration statement in respect of the death to be completed.

Duty of coroner to submit statement

58.

If a reportable death occurs and no person referred to in section 56 provides to the coroner who conducts an investigation or holds an inquest respecting the death under the Coroners Act a death registration statement with the personal particulars of the deceased completed, the coroner shall, without delay after the death,

(a) enter the personal particulars of the deceased on a death registration statement;

(b) complete the medical certificate portion of the statement; and

(c) submit the statement to the funeral planner.

Duties of Hospital

Duties of hospital

59.

(1) If a death occurs in a hospital, or occurs in a place other than a hospital and the body of the deceased is brought to a hospital shortly thereafter, and there is no reason to believe that the death is a reportable death, the person in charge of the hospital shall, before the body is released from the hospital,

(a) provide a death registration statement form to a person who is required to enter the personal particulars of the deceased on a statement;

(b) make a reasonable effort to obtain a death registration statement with the personal particulars of the deceased completed;

(c) if a death registration statement with the completed personal particulars of the deceased is received, obtain the completed medical certificate portion of the statement from a person referred to in paragraph 57(1)(a); and

(d) if the person in charge of the hospital obtains a death registration statement with the personal particulars of the deceased and the medical certificate portion both completed, submit the statement to the funeral planner.

Notice of death

(2) A person in charge of a hospital who is unable to obtain a death registration statement with the personal particulars of the deceased completed under subsection (1) shall, without delay, submit a notice of death to the Registrar General.

Notice of death: reportable death

(3) If a reportable death occurs in a hospital, or occurs in a place other than a hospital and the body of the deceased is brought to a hospital shortly thereafter, the person in charge of the hospital shall, without delay, submit a notice of death to the Registrar General.

Duties of Funeral Planner

Duties of funeral planner

60.

A funeral planner shall, on receiving a death registration statement with the personal particulars of the deceased and the medical certificate portion of the statement both completed in accordance with this Part,

(a) set out in the death registration statement the proposed date and place of burial, cremation or other disposition of the body; and

(b) submit the death registration statement to

(i) the subregistrar appointed for the community in which the death occurred, if any, or

(ii) the Registrar General.

Burial Permit

Burial permit

61.

(1) The Registrar General or a subregistrar shall issue a burial permit in respect of the body of a deceased and deliver it to the person requiring it for the purpose of the burial, cremation or other disposition of the body, on receiving a death registration statement with the personal particulars of the deceased and the medical certificate portion of the statement both completed in accordance with this Part, and indicating

(a) the cause of death; or

(b) that

(i) the cause of death is unknown pending the results of a post-mortem examination or investigation, and

(ii) on completion of the post-mortem examination, the medical practitioner or coroner completing the medical certificate has released the body of the deceased for burial, cremation or other disposition.

Duty of subregistrar

(2) A subregistrar shall, on receiving a death registration statement, deliver the statement to the Registrar General.

Body Not Recovered

Duties of coroner where body not recovered

62.

On conducting an investigation or holding an inquest under the Coroners Act in circumstances in which a body has been destroyed in whole or in part, cannot be recovered or has been removed from the Northwest Territories, a coroner who is satisfied that a death has occurred in the Territories shall

(a) enter the personal particulars of the deceased on a death registration statement;

(b) complete the medical certificate portion of the death registration statement by recording that the body has been destroyed in whole or in part, could not be recovered or has been removed from the Territories; and

(c) without delay on the close of the investigation or inquest, submit the completed death registration statement to the Registrar General.

Registration of Death

Registration within one year

63.

The Registrar General shall register a death if, within one year after the date of the death, he or she receives a death registration statement with the personal particulars of the deceased and the medical certificate portion of the statement both completed in accordance with this Part, and indicating

(a) the cause of death; or

(b) that

(i) the cause of death is unknown pending the results of a post-mortem examination or investigation, and

(ii) on completion of the post-mortem examination, the medical practitioner or coroner completing the medical certificate has released the body of the deceased for burial, cremation or other disposition.

Application for registration

64.

(1) If a death is not registered within one year after the date of the death, any person may apply to the Registrar General to register the death.

Registration after one year

(2) The Registrar General shall register a death after the expiry of one year after the date of the death, if he or she receives

(a) an application under subsection (1);

(b) a death registration statement with the personal particulars of the deceased and the medical certificate portion of the statement both completed in accordance with this Part, and indicating the cause of death;

(c) satisfactory supporting evidence; and

(d) payment of the prescribed fee.

Registration where body not recovered

65.

The Registrar General may register a death if he or she receives a death registration statement from a coroner under section 62.

Requirements for registration of reportable

66.

Subject to section 65, the Registrar General may only register a death that is a reportable death if

(a) the death has been investigated by a coroner in accordance with the Coroners Act; and

(b) a coroner has completed the medical certificate portion of a death registration statement, indicating

(i) the cause of death, or

(ii) that

(A) the cause of death is unknown pending the results of a post- mortem examination or investigation, and

(B) on completion of the post- mortem examination, he or she has released the body of the deceased for burial, cremation or other disposition.

Person presumed dead

67.

The Registrar General shall register a death in accordance with an order of the Supreme Court declaring a person to be presumed to be dead.

Amendment to Cause of Death

Restriction

68.

(1) The Registrar General may only amend a death registration statement to change or add the cause of death in accordance with this section.

Application for amendment: cause of death

(2) The following persons may apply to the Registrar General to amend a death registration statement to change or add the cause of death:

(a) the Chief Coroner under the Coroners Act;

(b) the Chief Public Health Officer under the Public Health Act;

(c) the medical practitioner who completed the medical certificate portion of the death registration statement.

Duty of coroner

(3) Where a coroner completed the medical certificate portion of a death registration statement indicating that the cause of death is unknown pending the results of a post-mortem examination or investigation, he or she shall, without delay after the cause of death is determined, apply to the Registrar General to amend the statement to add the cause of death.

Duty of medical practitioner

(4) Where a medical practitioner completed the medical certificate portion of a death registration statement indicating that the cause of death is unknown pending the results of a post-mortem examination, he or she shall, without delay after the cause of death is determined, apply to the Registrar General to amend the death registration statement to add the cause of death.

Requirements

(5) The Registrar General shall amend a death registration statement to change or add the cause of death on receiving

(a) an application under subsection (2), (3) or (4); and

(b) satisfactory supporting evidence.

Reburial Permit

Application for reburial permit

69.

(1) A person may apply to the Registrar General for a reburial permit for the burial of a human body that has been disinterred.

Requirements

(2) The Registrar General shall issue a reburial permit on receiving

(a) an application under subsection (1) that states

(i) the name and date of death of the deceased, and

(ii) the proposed date and place of reburial, cremation or other disposition of the body;

(b) any further information or documents required by the regulations;

(c) satisfactory supporting evidence; and

(d) payment of the prescribed fee.

Prohibitions

Burial permit required

70.

(1) Subject to section 71, no person who does not hold a burial permit in respect of a human body shall

(a) bury, cremate or otherwise dispose of the body;

(b) conduct a funeral or religious service in connection with the burial, cremation or other disposition of the body;

(c) remove the body from the community in which the death occurred or the body was found, except temporarily for the purpose of preparing it for burial, cremation or other disposition; or

(d) remove the body from the Northwest Territories, except in accordance with the Coroners Act.

Cemetery owner

(2) No cemetery owner shall permit a person to bury, cremate or otherwise dispose of a human body in the cemetery unless the person holds a burial permit in respect of the body.

Transportation of body

(3) No person shall transport a human body by common carrier, and no common carrier shall transport or carry a human body, unless two copies of the burial permit have been affixed to the outside of the casket or other container.

Duties of funeral planner

(4) The funeral planner at the place of burial, cremation or other disposition of a human body, shall

(a) remove any copies of the burial permit affixed to the outside of the casket or other container;

(b) deliver a copy of the burial permit to the person conducting the funeral or religious service, if any; and

(c) deliver a copy of the burial permit to the cemetery owner.

Burial permit issued by another jurisdiction

(5) Notwithstanding subsections (1) to (4), if a death occurs outside of the Northwest Territories and the burial, cremation or other disposition of the body of the deceased person is to take place in the Territories, a burial permit or similar document issued under the law of the jurisdiction in which the death occurs and signed by an appropriate official in that jurisdiction, is sufficient authority for the transport of the body to the place of burial, cremation or other disposition and for the burial, cremation or other disposition of the body.

Burial without burial permit

71.

(1) Section 70 does not apply if a death occurs in an area in which it is not reasonably possible to obtain a burial permit within a period during which the body of the deceased person should be buried.

Report of burial

(2) If a death occurs in an area described in subsection (1), a person who buries or otherwise disposes of the body of the deceased person shall, as soon as is possible after the burial or other disposition, report the circumstances to the Registrar General.

Inquiry by Registrar General

(3) On receiving a report under subsection (2), the Registrar General

(a) shall inquire into the matter; and

(b) may take such action as he or she considers appropriate.

Reburial permit required

72.

(1) No person shall bury, cremate or otherwise dispose of a human body that has been disinterred unless he or she holds a reburial permit in respect of the body.

Permission to bury, cremate or dispose of body

(2) Where a human body has been disinterred, no cemetery owner shall permit a person to bury, cremate or otherwise dispose of the body in the cemetery unless the person holds a reburial permit in respect of the body.

Exception

(3) This section does not apply to the burial, cremation or other disposition of a human body that had been exhumed under the authority of an order of exhumation made by a coroner under the Coroners Act.

Cremation of body

72.1.

(1) No person other than a funeral planner shall cremate a human body.

Crematorium

(2) No person shall cremate or cause to be cremated a human body except in a crematorium operated by a funeral planner. SNWT 2017,c.18, s.2(3).

Records

Maintenance of records

73.

A cemetery owner shall

(a) maintain accurate records respecting the burial, cremation or other disposition of human bodies at the cemetery; and

(b) on reasonable notice, make the records referred to in paragraph (a) available for inspection by and production to the Registrar General or another authority specified in the regulations.

PART 7

CHANGE OF NAME

Notation of Change of Name

Notation of change of name

74.

(1) The Registrar General shall make a notation of the change of name of a person on a birth registration statement or a marriage registration statement registered in respect of the person, if the Registrar General receives satisfactory evidence

(a) of the change of name under the Change of Name Act or an Act of another jurisdiction; and

(b) that the person whose name had been changed is the person named in the birth registration statement or the marriage registration statement, as the case may be.

Notice to spouse

(2) The Registrar General may, before making a notation on a marriage registration statement under subsection (1), provide notice to the person who is identified on the statement as the spouse of the person whose name had been changed.

Sealed Record

Application

75.

(1) Notwithstanding section 74, this section applies where the birth of a person is registered and the Registrar General receives

(a) a direction from the Minister that the records of the Registrar General in respect of a person’s change of name must be sealed under the Change of Name Act; or

(b) satisfactory evidence that

(i) the person’s name has been changed under an Act of a province or another territory, and

(ii) the person in charge of registration of changes of name in that province or territory has requested that the record of the change of name be sealed.

Sealed records

(2) On receiving a direction or evidence referred to in subsection (1), the Registrar General shall

(a) withdraw the person’s birth registration statement from the vital statistics register;

(b) substitute a new birth registration statement in the name of the person as changed;

(c) seal in a separate file the original birth registration statement and any record connecting the person’s new name to the name in the original birth registration statement; and

(d) ensure that no record maintained by the Registrar General connects the person’s new name to the name in his or her original birth registration statement, except the records maintained in a separate sealed file.

Prohibition on disclosure

(3) No person shall make public or disclose to any other person any entry, information or documents contained in a file sealed by the Registrar General under this section, unless the person

(a) has the express written consent of the person whose name had been changed; or

(b) is authorized by an order of the Supreme Court.

PART 8 SEARCHES, CERTIFICATES AND CERTIFIED COPIES

Eligibility for Search,

Certificate or Certified Copy

Application for search, certificate or

76.

An eligible person may apply to the Registrar General for one or more of the following:

(a) a search of the vital statistics register for the registration of an event;

(b) a certificate in respect of a birth, marriage or death;

(c) a certified copy of a statement registered in respect of an event.

Eligibility: birth

77.

(1) The following persons are eligible to apply under section 76 in respect of a birth:

(a) the person whose birth is registered;

(b) a person whose name appears as a parent on the birth registration statement;

(c) a child or grandchild of the person whose birth is registered;

(d) a person who has lawful custody of the person whose birth is registered;

(e) a person authorized in writing by a person referred to in paragraph (a), (b) or (c).

Eligibility: stillbirth

(2) The following persons are eligible to apply under section 76 in respect of a stillbirth:

(a) a person whose name appears as a parent on the stillbirth registration statement;

(b) a person authorized in writing by a person referred to in paragraph (a).

Eligibility: marriage

(3) The following persons are eligible to apply under section 76 in respect of a marriage:

(a) a party to the marriage;

(b) a child or grandchild of the marriage;

(c) a person authorized in writing by a person referred to in paragraph (a) or (b).

Eligibility: death

(4) The following persons are eligible to apply under section 76 in respect of a death:

(a) a person who, at the date of the death, was the spouse of the person whose death is registered;

(b) a parent of the person whose death is registered;

(c) a child or grandchild of the person whose death is registered;

(d) a person authorized in writing by a person referred to in paragraph (a), (b) or (c).

Eligibility: event

(5) The following persons are eligible to apply under section 76 in respect of an event:

(a) a person authorized by an order of the Supreme Court;

(b) a person who requires the search, certificate or certified copy to carry out his or her duties under another Act or to comply with another Act;

(c) a person who requires a search, certificate or certified copy for a stated reason, if the Registrar General is satisfied that the search or the issuance of the certificate or certified copy is justified;

(d) a member of a class of persons set out in the regulations.

Searches

Search of vital statistics register

78.

(1) The Registrar General shall make a search in the vital statistics register for the registration of an event and report on the results of the search on receiving

(a) an application for the search under paragraph 76(a);

(b) satisfactory evidence that the person is eligible to apply for the search under section 77; and

(c) payment of the prescribed fee.

Report on search

(2) A report made to an applicant under subsection (1) must

(a) state whether the event is registered;

(b) if the event is registered, state the registration number of the statement registered in respect of the event; and

(c) include no further information.

Refusal

(3) The Registrar General may refuse to make a search or a report under this section if he or she is satisfied that it is in the public interest to do so.

Reasons

(4) The Registrar General shall provide written reasons for the refusal to the applicant.

Certificates and Copies

Certificate after amendment or substitution

79.

(1) Subject to section 40, if an application is made for a certificate in respect of an event after the statement registered in respect of the event has been amended, or after the original statement in respect of the event has been withdrawn and a substitute statement registered, the Registrar General shall prepare the certificate containing the information set out in the statement as amended, or in the substituted statement, as the case may be.

Certified copy of substituted statement

(2) Subject to section 40, if an application is made for a certified copy of a statement in respect of an event after the original statement registered in respect of the event has been withdrawn and a substitute statement registered, the certified copy must be a certified copy of the substituted statement.

Birth Certificate

Issuance of birth certificate

80.

(1) The Registrar General shall issue a birth certificate to an applicant on receiving

(a) an application for the birth certificate under paragraph 76(b);

(b) satisfactory evidence that the person is eligible to apply for the birth certificate under subsection 77(1) or (5); and

(c) payment of the prescribed fee.

Requirements

(2) A birth certificate must contain

(a) the name, date of birth, place of birth and sex of the person;

(b) the date of registration;

(c) the registration number;

(d) the serial number of the certificate; and

(e) any information required by the regulations.

Clarification

(3) For greater certainty, a birth certificate issued in respect of a person whose birth registration statement has been amended under section 42 and whose gender identity does not correspond to male or female, may include another designation for the sex of the person. SNWT 2016,c.12,s.6.

Certified Copy of Birth Registration

Certified copy of birth registration statement

81.

The Registrar General shall issue a certified copy of a birth registration statement to an applicant on receiving

(a) an application for the certified copy under paragraph 76(c);

(b) satisfactory evidence that the person is eligible to apply for the certified copy under subsection 77(1) or (5); and

(c) payment of the prescribed fee.

Restriction

82.

Notwithstanding sections 80 and 81, where the Registrar General has registered a birth without a given name under subsection 32(3), the Registrar General may only issue a certificate of birth or a certified copy of the birth registration statement if

(a) the birth registration statement has been amended to add a given name;

(b) the Supreme Court has ordered the issuance of the certificate or certified copy; or

(c) the Registrar General receives satisfactory evidence that the applicant requires the certificate or certified copy

(i) to carry out his or her duties under another Act or to comply with another Act, or

(ii) for a stated reason that justifies the issuance of the certificate or certified copy.

Marriage Certificate

Issuance of marriage certificate

83.

(1) The Registrar General shall issue a marriage certificate to an applicant on receiving

(a) an application for the marriage certificate under paragraph 76(b);

(b) satisfactory evidence that the person is eligible to apply for the certificate under subsection 77(3) or (5); and

(c) payment of the prescribed fee.

Requirements

(2) A marriage certificate must contain

(a) the names of the parties to the marriage;

(b) the date of the marriage;

(c) the place where the marriage was solemnized or performed;

(d) the date of the registration;

(e) the registration number;

(f) the serial number of the certificate; and

(g) any information required by the regulations.

Certified Copy of Marriage Registration

Certified copy of marriage registration

84.

The Registrar General shall issue a certified copy of a marriage registration statement to an applicant on receiving

(a) an application for the certified copy under paragraph 76(c);

(b) satisfactory evidence that the person is eligible to apply for the certified copy under subsection 77(3) or (5); and

(c) payment of the prescribed fee.

Issuance of death certificate

85.

(1) The Registrar General shall issue a death certificate to an applicant on receiving

(a) an application for the death certificate under paragraph 76(b);

(b) satisfactory evidence that the person is eligible to apply for the certificate under subsection 77(4) or (5); and

(c) payment of the prescribed fee.

Requirements

(2) A death certificate must contain

(a) the name, date of death, age on date of death, place of death and sex of the deceased;

(b) the date of registration;

(c) the registration number;

(c) the serial number of the certificate; and

(d) any information required by the regulations.

Certified Copy of Death Registration

Certified copy of death registration

86.

The Registrar General shall issue a certified copy of a death registration statement to an applicant on receiving

(a) an application for the certified copy under paragraph 76(c);

(b) satisfactory evidence that

(i) the applicant requires the certified copy to carry out his or her duties under another Act or to comply with another Act, or for a stated reason that justifies the issuance, or

(ii) the Supreme Court has ordered the issuance; and

(c) payment of the prescribed fee.

Certified Copy of Stillbirth

Registration

Certified copy of stillbirth registration

87.

The Registrar General shall issue a certified copy of a stillbirth registration statement to an applicant on receiving

(a) an application for the certified copy under paragraph 76(c);

(b) satisfactory evidence that

(i) the applicant requires the certified copy to carry out his or her duties under another Act or to comply with another Act, or for a stated reason that justifies the issuance, or

(ii) the Supreme Court has ordered the issuance; and

(c) payment of the prescribed fee.

PART 9

GENERAL

Appeals

Appeal of refusal

88.

(1) A person who is affected by a refusal of the Registrar General to register an event, to register, add or change a name on a birth registration statement under subsection 35(1), to amend a birth registration statement under subsection 42(1) or to issue a certificate may, within one year after receiving notice of the refusal, appeal the refusal by filing a notice of appeal with the Supreme Court.

Notice of appeal

(2) A notice of appeal filed under subsection (1) must be served on the Registrar General.

Order

(3) On hearing an appeal, the Supreme Court may

(a) confirm or revoke the refusal; or

(b) make any order that it considers appropriate.

SNWT 2016,c.12,s.7.

Information Management

Security of information and records

89.

The Registrar General shall establish administrative practices and procedures and technical and physical safeguards that protect the integrity, accuracy, confidentiality and security of information and records obtained under this Act.

Definitions

90.

(1) In this section,

"insured services" means insured services as defined in subsection 1(1) of the Hospital Insurance and Health and Social Services Administration Act; (services assurés)

"registration information" means information about a person that is collected for the purpose of registering the person for the provision of insured services, and includes a unique identifying number assigned to the person. (renseignements d’inscription)

Collection of registration information

(2) The Registrar General may collect registration information if he or she is satisfied that the information is required for a purpose relating to the administration of this Act or the regulations.

Restriction

(3) The Registrar General may only collect the quantity and type of registration information in respect of a person that the Registrar General considers necessary for the purpose for which it is collected.

Collection from reliable source

(4) The Registrar General may collect registration information from the person to whom it relates or from another person, body or organization that the Registrar General considers to be a reliable source of information, including, but not limited to, a health care professional or a hospital. SNWT 2015,c.14,s.31(3).

Return

91.

The person in charge of a hospital shall, on the request of the Registrar General, submit a return to the Registrar General for the period of time specified in the request, respecting the following events:

(a) births occurring in the hospital or outside the hospital where the child was brought to the hospital shortly thereafter;

(b) stillbirths occurring in the hospital or outside the hospital where the body of the child was brought to the hospital shortly thereafter;

(c) deaths occurring in the hospital or outside the hospital where the body of the deceased was brought to the hospital shortly thereafter.

Collection of information from other jurisdictions

92.

The Registrar General may, for any purposes related to the administration of this Act and the regulations, collect information from another jurisdiction related to the registration of events in that jurisdiction.

Information sharing agreement

93.

The Registrar General may, in accordance with the regulations, enter into an information sharing agreement with a person, body or organization specified in the regulations in respect of information obtained under this Act, authorizing

(a) the disclosure of information to the person, body or organization; and

(b) the use of information by the person, body or organization in accordance with this Act and the regulations and the terms of the agreement.

Access to information

94.

(1) A person employed in the administration of this Act shall only collect, use, disclose, communicate or allow access to information obtained under this Act in accordance with this Act and the regulations.

Restriction on disclosure

(2) In disclosing information obtained under this Act and the regulations, the Registrar General shall

(a) disclose only the information that is reasonably necessary for the purpose for which it is disclosed; and

(b) disclose only non-identifying information, if it will serve the purpose for which it is disclosed and it is reasonably possible to disclose only that information.

Statistical information

95.

The Registrar General may compile, publish and distribute statistical information respecting the births, stillbirths, adoptions, marriages, changes of name and dissolutions and annulments of marriage registered during any period selected by the Registrar General.

Inconsistency or conflict

96.

If there is an inconsistency or conflict between a provision of the Access to Information and Protection of Privacy Act or the Health Information Act and a provision of this Act, the provision of this Act prevails to the extent of the inconsistency or conflict. SNWT 2014,c.2,s.206.

Forms

Form

97.

An application, statement, notice, return or certificate referred to in this Act or the regulations must be in a form approved by the Registrar General. Administration of Oaths and Affirmations

Oaths and affirmations

98.

The Registrar General, the Deputy Registrar General and a subregistrar may, for the purposes of this Act and the regulations, administer oaths and take and receive affirmations, affidavits and statutory declarations.

Certificates and Certified Copies

Name exceeding available space

99.

If the number of characters in a person’s surname or given names exceeds the available space provided for the surname or given names in a certificate issued under this Act, or in the electronic database, the Registrar General may do one or more of the following in the certificate or electronic database:

(a) replace any of the person’s given names with initials;

(b) omit any of the person’s given names;

(c) if the person’s name contains two surnames hyphenated or combined, omit one of the surnames.

Certificate, certified copy admissible as evidence

100.

(1) A certificate in respect of an event or a certified copy of a statement purporting to be signed by the Registrar General is admissible in evidence as proof, in the absence of evidence to the contrary, of the facts set out in the certificate or certified copy without proof of the Registrar General’s appointment or signature.

Validity of signature

(2) A certificate in respect of an event or a certified copy of a statement issued under the signature of the Registrar General remains valid where he or she ceases to hold office before its issue.

Limitation of Liability

Limitation

101.

No action or other proceeding for damages lies or may be instituted against the Registrar General, the Deputy Registrar General, a subregistrar or anyone employed in the administration of this Act for anything done or not done by him or her in good faith in the exercise of a power or in the performance of a duty under this Act or the regulations. Submission, Delivery and Service of Documents

Submission or delivery to Registrar General

102.

(1) Where this Act or the regulations require that a document be submitted or delivered to the Registrar General, the document may be

(a) hand delivered to the Registrar General;

(b) sent by mail to the Registrar General;

(c) sent to the Registrar General by fax or other electronic means he or she considers acceptable; or

(d) sent to the Registrar General by a method set out or referred to in the regulations.

Service on Registrar General

(2) Where this Act or the regulations require that a document be served on the Registrar General, the document may be

(a) served personally on the Registrar General;

(b) sent by registered mail to the Registrar General; or

(c) sent to the Registrar General by a method set out or referred to in the regulations.

Delivery to Registrar General

(3) Where this Act or the regulations require that a document be delivered to a person other than the Registrar General, the document may be

(a) hand delivered to the person;

(b) sent by mail to the person;

(c) sent to the person by fax or other electronic means the Registrar General considers acceptable; or

(d) sent to the person by a method set out or referred to in the regulations.

Service on other person

(4) Where this Act or the regulations requires that a document be served on a person other than the Registrar General, the document may be

(a) served personally on the person;

(b) sent by registered mail to the person; or

(c) served by a method set out or referred to in the regulations.

Deemed service

(5) A document sent by registered mail to a person at the most recent address provided by him or her in writing to the Registrar General is deemed to have been served on the seventh day following the day of its mailing, unless it is established that, through no fault of the person, he or she did not receive the document or received it at a later date.

Waiver of Fees

Waiver of fees

103.

The Registrar General may, in accordance with the regulations, waive the collection of a fee from a person.

Obligations under Act

Continuing obligation

104.

(1) A person who has a duty under this Act to complete a statement to the Registrar General within a specified time and fails to perform that duty, remains liable to do so notwithstanding the expiration of the time.

Duty carried out by other person

(2) Notwithstanding subsection (1), if more than one person has a duty under this Act to complete and submit a statement and the duty is carried out by any one of those persons, the other or others who have not carried out the duty are not in contravention of this Act.

Offence and Punishment

False information to procure registration

105.

No person shall knowingly provide false or misleading information for the purpose of procuring the registration of an event.

False information in document or evidence

106.

No person shall knowingly provide false or misleading information, either orally or in writing, in respect of any application under this Act or in any statement, notice, return or other document or evidence required to be provided under this Act or the regulations.

False or altered document

107.

No person shall knowingly use or possess a false or altered certificate, certified copy or other document purporting to be issued under this Act or the regulations.

Use or possession for unlawful

108.

No person shall, for an unlawful or improper purpose,

(a) use or possess a certificate, certified copy or other document issued under this Act that relates to another person; or

(b) in respect of a certificate, certified copy or other document issued under this Act that relates to him or her, permit another person to use or possess the certificate, certified copy or other document.

Offence and punishment: general

109.

(1) Subject to subsection (2), a person who contravenes or fails to comply with this Act or the regulations is guilty of an offence and liable, on summary conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 90 days, or to both.

Offence and punishment: section 105

(2) A person who contravenes section 105 is guilty of an offence and liable, on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding two years, or to both.

Regulations

Regulations

110.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act;

(b) respecting the duties of and records that must be kept by the Registrar General, the Deputy Registrar General and a subregistrar;

(c) respecting the powers and duties of the Registrar General that may be assigned or delegated;

(d) prescribing persons or classes of persons who are authorized to have access to or to be given copies of, or information from, the records kept by the Registrar General, respecting the purposes for which the information or records may be used, and prescribing the form of an oath or affirmation of secrecy to be taken by those persons;

(e) respecting methods of disposal of an original record under subsection 10(2);

(f) respecting methods of amendment to an electronic version of a statement under subsection 18(2);

(g) respecting the information that may or must be included in an application, statement, notice or return;

(h) respecting requirements for completing documents for the registration of an event;

(i) respecting information and supporting evidence that may or must be provided with an application or statement;

(i.1) respecting requirements that must be met by an applicant for an amendment to the designation of sex on a birth registration statement under section 41; respecting circumstances in which the Registrar General may disclose information set out in the medical certificate portion of a death registration statement or a stillbirth registration statement; respecting the content of forms to be used in the administration of this Act and the regulations; respecting the registration of an event, adoption or custom adoption, and the making of a notation respecting a change of name or the dissolution or annulment of a marriage in cases not otherwise provided for in this Act; respecting information or documents that must be provided with an application for a reburial permit; prescribing authorities to whom records respecting the burial, cremation and other disposition of human bodies must be made available under paragraph 73(b); respecting classes of persons who are eligible under paragraph 77(5)(d) to apply to the Registrar General for a search, certificate or certified copy in respect of an event; respecting the conduct of searches and the issuance of certificates and certified copies of statements; respecting additional circumstances in which a search may be conducted or a certificate or certified copy may be issued in respect of an event, and respecting eligibility requirements to apply for a search, certificate or certified copy, including the length of time required to have elapsed since the occurrence of the event; respecting information that must be included in a birth certificate, marriage certificate or death certificate; respecting administrative practices and procedures and technical and physical safeguards that the Registrar General may or shall establish under section 89; respecting persons, bodies or organizations with whom the Registrar General may enter into an information sharing agreement under section 93, and the terms and conditions that must be included in such an agreement;

(u) respecting the provision of notice and the submitting or serving of documents, including the dispensing with service and substitutional service;

(v) respecting fees to be paid under this Act and the regulations, and the waiver of the collection of fees from any person or class of persons; and

(w) respecting any other matter the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.

SNWT 2016,c.12,s.8.

TRANSITIONAL

Registrar General of Vital Statistics

111.

(1) A person appointed as the Registrar General of Vital Statistics under the former Act who holds office immediately before this Act comes into force is deemed, on that coming into force, to have been appointed as the Registrar General under this Act.

Deputy Registrar General of Vital Statistics

(2) A person appointed as the Deputy Registrar General of Vital Statistics under the former Act who holds office immediately before this Act comes into force is deemed, on that coming into force, to have been appointed as the Deputy Registrar General under this Act.

Subregistrar

(3) A person appointed as a subregistrar under the former Act who holds office immediately before this Act comes into force is deemed, on that coming into force, to have been appointed as a subregistrar under this Act.

Continuation of activities

112.

(1) Any activity undertaken by the Registrar General of Vital Statistics, the Deputy Registrar General of Vital Statistics or a subregistrar under the former Act and not completed before the coming into force of this Act may be continued after that coming into force as if it had been undertaken under this Act by the Registrar General, Deputy Registrar General or subregistrar, as the case may be.

Certificates, certified copies remain valid

(2) A certificate, certified copy or other document issued or created under the former Act that was valid and in effect on the coming into force of this Act remains valid and in effect according to its terms and is deemed to be a certificate, certified copy or document issued under this Act.

Continuation of rights and obligations

(3) An agreement, memorandum of understanding, contract or other obligation of the Registrar General under the former Act that was in effect immediately before this Act comes into force continues in effect under this Act, to the extent that it is not inconsistent with this Act or the regulations, until it expires or is terminated.

Orders continue in force

(4) An order, decision, determination or direction made by the Registrar General under the former Act before this Act comes into force continues as if it had been made under this Act, to the extent that it is not inconsistent with this Act or the regulations, until it expires or is terminated.

Proceedings

(5) If any action, application or other proceeding or any remedy had been commenced, or could have been commenced, by, to or against the Registrar General immediately before this Act comes into force,

(a) the action, application or other proceeding may be continued or commenced by, to or against the Registrar General under this Act; and

(b) the parties to the action, application or other proceeding are not required to amend the style of cause.

Title Repealed, SNWT 2018,c.18,s.23(3).

113.

Repealed, SNWT 2018,c.18,s.23(3).

114.

Repealed, SNWT 2018,c.18,s.23(3).

Title Repealed, SNWT 2018,c.18,s.23(3).

115.

Repealed, SNWT 2018,c.18,s.23(3). Title Repealed, SNWT 2018,c.18,s.23(3).

116.

Repealed, SNWT 2018,c.18,s.23(3).