ontario regulation 357/11

made under the

vital statistics act

Made: July 19, 2011
Filed: July 25, 2011
Published on e-Laws: July 27, 2011
Printed in The Ontario Gazette: August 13, 2011


Amending Reg. 1094 of R.R.O. 1990

(General)

1. Section 0.1 of Regulation 1094 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“warrant to bury” means a warrant to bury in a form approved by the Chief Coroner for Ontario.

2. (1) Subsection 1 (1) of the Regulation is amended by striking out “subsection (5)” in the portion before paragraph 1 and substituting “subsection (4)”.

(2) Subsection 1 (3) of the Regulation is revoked and the following substituted:

(3) The person giving the notice of birth under subsection (1) shall mail or deliver it to the Registrar General within two business days after the birth.

(4) A person in attendance at the birth may have the notice submitted electronically to the office of the Registrar General within two business days after the birth by a person and in a form approved by the Registrar General.

(3) Subsection 1 (5) of the Regulation is revoked and the following substituted:

(5) The person approved by the Registrar General for the purposes of subsection (4) may be the person in attendance at the birth.

3. (1) Subsection 2 (4) of the Regulation is revoked and the following substituted:

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

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

(b) submit the statement to the office of the Registrar General electronically in a form approved by the Registrar General.

(2) Subsection 2 (5) of the Regulation is amended by striking out “deliver” in the portion before clause (a) and substituting “mail or deliver”.

(3) Subsection 2 (9) of the Regulation is revoked and the following substituted:

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

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

(b) submit the statement, together with a statutory declaration that the circumstances described in clause (8) (a) or (b) apply, to the office of the Registrar General electronically in a form approved by the Registrar General, if the Registrar General permits electronic submission for them.

(4) Subsections 2 (10.2) and (10.3) of the Regulation are revoked.

(5) Subsection 2 (11) of the Regulation is amended by striking out “the appropriate division registrar or”.

4. (1) Subsection 3 (2) of the Regulation is revoked and the following substituted:

(2) The person shall, within seven days after finding the child or receiving custody or care and control of the child, provide the information to the Registrar General.

(2) Subsection 3 (3) of the Regulation is amended by striking out “clause (2) (a)” in the portion before clause (a) and substituting “subsection (2)”.

(3) Subsection 3 (4) of the Regulation is revoked.

5. Subsection 19 (3) of the Regulation is amended by striking out “deliver or mail” in the portion before clause (a) and substituting “mail or deliver”.

6. Subsections 20 (2) and (3) of the Regulation are revoked and the following substituted:

(2) If a coroner is required to provide a medical certificate of still-birth, the coroner may issue a warrant to bury if the coroner or a person appointed under section 16.1 of the Coroners Act has examined the still-born and the cause of death has not been determined.

(3) Upon issuing a warrant to bury, the coroner shall deliver the warrant to the funeral director.

(4) If a person appointed under section 16.1 of the Coroners Act has examined the still-born and delivers a warrant to bury on behalf of the coroner and if, at the time of issuing the warrant to bury, the coroner is not present in the location where the examination was conducted,

(a) the signature of the coroner on the warrant to bury may be the coroner’s signature reproduced by any method; and

(b) the person delivering the warrant to bury shall affix his or her signature to it.

(5) As soon as the cause of death is known, the coroner shall complete the medical certificate of still-birth and mail or deliver it to the Registrar General.

7. Paragraph 4 of subsection 35 (1) of the Regulation is revoked and the following substituted:

4. The coroner who has been notified of the death and who has made an investigation into the death, received a report of the results of an investigation into the death or held an inquest regarding the death.

8. (1) Clause 38 (1) (b) of the Regulation is amended by striking out “deliver or mail” and substituting “mail or deliver”.

(2) Section 38 of the Regulation is amended by adding the following subsection:

(3) If a person appointed under section 16.1 of the Coroners Act is investigating the death and delivers a warrant to bury on behalf of the coroner and if, at the time of issuing the warrant to bury, the coroner is not present in the location where the death investigation is being conducted,

(a) the signature of the coroner on the warrant to bury may be the coroner’s signature reproduced by any method; and

(b) the person delivering the warrant to bury shall affix his or her signature to it.

9. Subsection 51 (1) of the Regulation is amended by striking out “birth, death” and substituting “death”.

10. (1) Clauses 55.5 (1) (e), (g) and (h) of the Regulation are amended by striking out “birth, death” wherever that expression appears and substituting in each case “death”.

(2) Clause 55.5 (1) (l) of the Regulation is revoked and the following substituted:

(l) number consecutively the statements of deaths and still-births that the division registrar signs in each calendar year, together with all relevant supporting documentation, where the numbering is in a separate series for each death or still-birth, beginning with the number “1”;

(3) Clause 55.5 (1) (n) of the Regulation is amended by striking out “birth, death” and substituting “death”.

(4) Clause 55.5 (1) (p) of the Regulation is revoked and the following substituted:

(p) transmit to the proper division registrar within two business days every statement of still-birth, every medical certificate of still-birth and every warrant to bury that the division registrar receives for a still-birth that did not occur within his or her registration division and keep a record of every statement, medical certificate and warrant to bury so transmitted; and

11. Section 56 of the Regulation is revoked and the following substituted:

56. A division registrar shall transmit to the Registrar General at the beginning of each week the following documents that the division registrar has received during the preceding week in respect of the registrations made by the division registrar of still-births and deaths:

1. The statements of personal particulars.

2. Notices of still-births.

3. Medical certificates of still-births.

4. Medical certificates of deaths.

5. Warrants to bury.

12. (1) Clause 57 (1) (a) of the Regulation is amended by striking out “births or”.

(2) Subsection 57 (2) of the Regulation is revoked.

13. Section 70 of the Regulation is revoked and the following substituted:

International Statistical Classification of Diseases

70. The International Statistical Classification of Diseases and Related Health Problems, as last revised or updated and as published by the World Health Organization, is adopted for the purposes of classifying diseases under the Act.

14. Subsection 72.1 (1) of the Regulation is amended by adding the following paragraph:

10. Passport Canada.

Commencement

15. This Regulation comes into force on the later of the day section 4 of Schedule 8 to the Open for Business Act, 2010 comes into force and the day this Regulation is filed.