2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE SINDI HAWKINS
MINISTER OF HEALTH PLANNING
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Vital Statistics Act, R.S.B.C. 1996, c. 479, is amended
(a) by repealing the definitions of "director", "district registrar" and "registration district",
(b) in the definition of "certificate" by striking out "director;" and substituting "chief executive officer;", and
(c) by adding the following definitions:
"chief executive officer" means the chief executive officer of vital statistics referred to in section 31 (2);
"vital statistics registrar" means a vital statistics registrar appointed under section 33.
2 Section 2 is repealed and the following substituted:
2 (1) Each medical practitioner who attends at a birth must give notice of the birth.
(2) If no medical practitioner attends at a birth, the nurse or other person who attends must give notice of the birth.
(3) If a birth takes place at a hospital as defined in section 1 or 5 of the Hospital Act and the persons having control or management of the hospital are satisfied that notice of the birth will not be given in a timely manner as required under subsections (1) and (2), notice of the birth must be given by or on behalf of the persons having control or management of the hospital.
(4) If notice of a birth is given under subsection (3), subsections (1) and (2) do not apply to the birth.
(5) A notice under this section, in the form required by the chief executive officer, must be delivered to the chief executive officer within 48 hours after the date of the birth.
3 Section 3 is amended
(a) in subsections (1), (2), (6) and (6.1) by striking out "director" and substituting "chief executive officer", and
(b) in subsections (1) and (2) by striking out "district registrar" and substituting "chief executive officer".
4 Section 5 is amended by striking out "director or district registrar" and substituting "chief executive officer".
5 Sections 6 and 7 are amended by striking out "director" wherever it appears and substituting "chief executive officer".
6 Section 8 is amended
(a) in subsection (1) by striking out "give to the district registrar of the registration district in which the child is found," and substituting "provide to the chief executive officer,",
(b) in subsection (2) by striking out "district registrar" and substituting "chief executive officer" and by repealing paragraph (c),
(c) in subsection (4) by striking out "director, on receipt of the report and evidence mentioned in subsection (2)," and substituting "chief executive officer, on receipt of the affidavits and statement mentioned in subsection (2),",
(d) in subsections (6) and (9) by striking out "The director" and substituting "The chief executive officer",
(e) in subsection (7) by striking out "director" wherever it appears and substituting "chief executive officer", and
(f) by repealing subsection (10) and substituting the following:
(10) If the registration is cancelled under subsection (7), a person who has received a certificate issued in respect of the registration of the birth of a child made under subsection (4) must deliver the certificate to the chief executive officer for cancellation if the chief executive officer requires it.
7 Section 9 is amended
(a) in subsections (1) to (3) by striking out "director" wherever it appears and substituting "chief executive officer", and
(b) in subsections (3) and (5) by striking out "director's" and substituting "chief executive officer's".
8 Section 10 (2), (3), (7) and (8) is amended by striking out "director" wherever it appears and substituting "chief executive officer".
9 Section 11 is amended
(a) in subsections (2) and (3) by striking out "the director" and substituting "the chief executive officer",
(b) in subsection (4) (b) by striking out "to the district registrar of the registration district in which the stillbirth occurred." and substituting "to a vital statistics registrar.",
(c) in subsection (5) by striking out "district registrar" and substituting "vital statistics registrar", and
(d) by repealing subsection (6) and substituting the following:
(6) On the registration of a stillbirth, a vital statistics registrar must promptly prepare a burial permit and deliver it to the person requiring it for the purpose of the burial, cremation or other disposition of the body of the stillborn child.
10 Section 12 is amended
(a) by striking out "director" wherever it appears and substituting "chief executive officer", and
(b) in subsection (3) by striking out "director's" and substituting "chief executive officer's".
11 Sections 13 and 14 (1) are amended by striking out "director" wherever it appears and substituting "chief executive officer".
12 Section 15 is amended
(a) in subsections (2) and (4) by striking out "director" and substituting "chief executive officer", and
(b) by repealing subsection (3) and substituting the following:
(3) The person who solemnized the marriage must provide the chief executive officer with the statement completed under subsection (2) within 2 days after the date of the marriage.
13 Section 16 is amended by striking out "director" wherever it appears and substituting "chief executive officer".
14 Section 17 (2) is amended
(a) by striking out "the director" and substituting "the chief executive officer", and
(b) in paragraph (b) by striking out "residing or being in the registration district".
15 Section 18 is amended
(a) in subsections (2) (a) and (5) by striking out "director" and substituting "chief executive officer", and
(b) in subsection (4) by striking out "the director" and substituting "the chief executive officer."
16 Section 19 is repealed and the following substituted:
19 On receipt of the statement referred to in section 17 (2) and of the medical certificate or the interim medical certificate, the funeral director must promptly deliver the statement and certificate to a vital statistics registrar.
17 Sections 20 and 21 are repealed and the following substituted:
20 (1) A vital statistics registrar or the chief executive officer must register a death if the statement and certificate under section 19 are received within one year from the date of the death and the vital statistics registrar or chief executive officer is satisfied as to the truth and sufficiency of the statement.
(2) If a death is not registered within one year from the date of the death, and if application for registration of it is made by any person to the chief executive officer accompanied by the statement and certificate under section 19 and other evidence as may be prescribed, the chief executive officer must register the death if satisfied as to the truth and sufficiency of the matters stated in the application and that the application is made in good faith.
(3) On receiving a court order that declares a person to be presumed dead, the chief executive officer must register the death.
(4) Each month, the chief executive officer must provide to the chief electoral officer a list of the names and addresses of persons whose deaths were registered with a vital statistics registrar or the chief executive officer since the last list was provided.
(5) If requested by the chief electoral officer for the purpose of resolving an objection to the registration of a voter or an elector, the chief executive officer must conduct a search of the register of deaths and report the results to the chief electoral officer.
18 Section 22 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) On receipt of the statement and certificate under section 19, a vital statistics registrar must prepare a burial permit and issue it to the funeral director. ,
(b) in subsection (3) (b) by striking out "registration district in which" and substituting "community where",
(c) in subsection (3) by striking out "district registrar" and substituting "vital statistics registrar",
(d) in subsection (5) (c) by striking out "director" and substituting "chief executive officer", and
(e) in subsection (6) by striking out "the district registrar" and substituting "a vital statistics registrar".
19 Section 24 is amended by striking out "director" and substituting "chief executive officer".
20 Section 25 is repealed.
21 Sections 26 (1), 27 (1) and (2) and 28 are amended by striking out "director" wherever it appears and substituting "chief executive officer".
22 Section 29 is amended
(a) by repealing subsections (1) and (2),
(b) in subsections (3) and (4) by striking out "director" wherever it appears and substituting "chief executive officer", and
(c) in subsection (5) by striking out "(1), (2),".
23 Section 30 is amended by striking out "director" wherever it appears and substituting "chief executive officer".
24 Section 31 is repealed and the following substituted:
31 (1) There must be a Vital Statistics Agency in the minister's ministry.
(2) The chief executive officer of vital statistics must be appointed under the Public Service Act to supervise the work of the Vital Statistics Agency.
25 Section 32 is repealed.
26 Section 33 is amended by striking out "district registrars and deputy district registrars" in both places and substituting "vital statistics registrars".
27 Sections 34 and 35 are repealed and the following substituted:
34 A vital statistics registrar must
(a) under the supervision and direction of the chief executive officer and in accordance with the regulations, enforce this Act, and
(b) immediately report any violation of this Act to the chief executive officer.
35 (1) If a person applies in the form required by the chief executive officer and pays the prescribed fee, and if the chief executive officer is satisfied that the information is not to be used for an unlawful or improper purpose, the chief executive officer must make a search for the registration of any birth, stillbirth, marriage, death, change of name or adoption.
(2) The chief executive officer must make a written report on the search to the person who applied under subsection (1) stating whether or not the birth, stillbirth, marriage, death, change of name or adoption is registered or recorded and the report must not contain further information.
28 Sections 36 (1) and (4) and 37 are amended by striking out "director" wherever it appears and substituting "chief executive officer".
29 Section 38 is amended
(a) in subsections (1), (3) and (4) by striking out "director" wherever it appears and substituting "chief executive officer",
(b) in subsection (4) by striking out "director's" and substituting "chief executive officer's", and
(c) in subsections (4) and (5) by striking out "district registrar" and substituting "vital statistics registrar".
30 Section 39 is amended
(a) by repealing subsection (1),
(b) in subsections (2), (4) and (5) by striking out "director" wherever it appears and substituting "chief executive officer",
(c) in subsection (3) by striking out "district registrar" in both places and substituting "vital statistics registrar", and
(d) in subsection (4) (a) by striking out "subsection (1) or".
31 Section 40 is amended
(a) by striking out "director" wherever it appears and substituting "chief executive officer", and
(b) in subsection (3) (b) by striking out "district registrar" and substituting "vital statistics registrar".
32 Section 42 is repealed and the following substituted:
42 The chief executive officer, inspector and every vital statistics registrar has, for the purposes of this Act only, the powers of a commissioner for taking affidavits for British Columbia.
33 Sections 43, 44 and 45 (2) are amended
(a) by striking out "director" wherever it appears and substituting "chief executive officer", and
(b) by striking out "adoptions, changes of name and dissolution and annulments of marriage" and substituting "adoptions and changes of name".
34 Section 46 (1) is amended by striking out "district registrar, deputy district registrar" and substituting "vital statistics registrar".
35 Section 48 is amended by striking out "director" and substituting "chief executive officer".
36 Section 54 (2) is amended
(a) in paragraph (a) by striking out "district registrars;" and substituting "vital statistics registrars;",
(b) in paragraphs (b), (g) and (h) by striking out "director" wherever it appears and substituting "chief executive officer",
(c) in paragraph (b) by striking out "district registrar" and substituting "vital statistics registrar", and
(d) by repealing paragraph (i).
Adoption Act
37 Section 1 of the Adoption Act, R.S.B.C. 1996, c. 5, is amended by adding the following definition:
"chief executive officer" means the chief executive officer under the Vital Statistics Act; .
38 Sections 45 and 63 to 67 are amended by striking out "Director of Vital Statistics" wherever it appears and substituting "chief executive officer".
Cemetery and Funeral Services Act
39 Section 50 of the Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45, is amended by striking out "district registrar of vital statistics" and substituting "vital statistics registrar".
Coroners Act
40 Section 17 (1) (b) of the Coroners Act, R.S.B.C. 1996, c. 72, is repealed and the following substituted:
(b) to the chief executive officer under the Vital Statistics Act, a notice in the prescribed form.
Deregulation Statutes Amendment Act, 2002
41 Sections 27 and 28 of the Deregulation Statutes Amendment Act, 2002, S.B.C. 2002, c. 12, are amended in the re-enactment of sections 12 and 13 (5) of the Name Act, R.S.B.C. 1996, c. 328, by striking out "director" wherever it appears and substituting "chief executive officer".
Health Planning Statutes Amendment Act, 2002
42 Sections 18 and 19 of the Health Planning Statutes Amendment Act, 2002, S.B.C. 2002, c. 15, are amended in the enactment of sections 6.1 and 7 (1.1), (1.2) and (1.3) of the Name Act, R.S.B.C. 1996, c. 328, by striking out "director" wherever it appears and substituting "chief executive officer".
43 Section 22 is amended in the enactment of section 3 (5) of the Survivorship and Presumption of Death Act, R.S.B.C. 1996, c. 444, by striking out "Director of Vital Statistics" and substituting "chief executive officer under the Vital Statistics Act".
Marriage Act
44 Section 1 of the Marriage Act, R.S.B.C. 1996, c. 282, is amended by repealing the definitions of "director"and "registration district" and substituting the following:
"chief executive officer" means the chief executive officer under the Vital Statistics Act;
"vital statistics registrar" means a vital statistics registrar under the Vital Statistics Act.
45 Sections 2 to 5, 7 (2) and 11 (1) are amended by striking out "director" wherever it appears and substituting "chief executive officer".
46 Section 13 is amended
(a) in subsection (1) by striking out "within the registration district" and substituting "within the area of the Province.", and
(b) by repealing subsections (4) and (5) and substituting the following:
(4) At least 7 days before the date on which the marriage is to be solemnized, a person who has proclaimed an intended marriage under this section, or a person on their behalf, must provide the chief executive officer with a declaration, in a form acceptable to the chief executive officer, of the proclamation of the intended marriage.
(5) Immediately after the solemnization of the marriage, one of the spouses must make a written record of the solemnization and send the record to the chief executive officer.
47 Section 14 is amended
(a) in subsection (3) by striking out "Director of Vital Statistics." and substituting "chief executive officer.",
(b) in subsection (4) by striking out "Director of Vital Statistics" and substituting "chief executive officer" and by striking out "district registrar" and substituting "chief executive officer", and
(c) in subsection (6) by striking out "marriage commissioner under this Act and by the district registrar of vital statistics" and substituting "chief executive officer".
48 Sections 16 (1), 19 (2) and (3), 22 (2) and 24 are amended by striking out "director" wherever it appears and substituting "chief executive officer".
49 Section 25 is amended
(a) in subsections (3) and (4) by striking out "director" wherever it appears and substituting "chief executive officer",
(b) in subsection (3) by striking out "director's" and substituting "chief executive officer's", and
(c) in subsection (5) (b) by striking out "district registrar of the district in which the pastoral charge is located." and substituting "chief executive officer."
50 Section 34 is amended by striking out "director" and substituting "chief executive officer".
Name Act
51 Section 1 of the Name Act, R.S.B.C. 1996, c. 328, is amended by repealing the definitions of "director" and "district registrar" and substituting the following:
"chief executive officer" means the chief executive officer under the Vital Statistics Act;
"vital statistics registrar" means a vital statistics registrar under the Vital Statistics Act; .
52 Sections 4 (5) and (6) and 5 (5) are amended by striking out "director" wherever it appears and substituting "chief executive officer".
53 Section 6 is amended
(a) in subsection (1) by striking out "director" and substituting "chief executive officer" and by striking out "district" and substituting "community", and
(b) in subsection (3) by striking out "director" and substituting "chief executive officer".
54 Section 7 is amended by striking out "director" wherever it appears and substituting "chief executive officer".
55 Section 8 is repealed and the following substituted:
8 The chief executive officer, an inspector of vital statistics or a vital statistics registrar has the powers of a commissioner for taking affidavits for British Columbia for the purposes of this Act.
56 Section 9 is amended by striking out "director" wherever it appears and substituting "chief executive officer".
57 Section 11 is amended
(a) by striking out "director" wherever it appears and substituting "chief executive officer", and
(b) by striking out "director's" wherever it appears and substituting "chief executive officer's".
58 Sections 12 (1), 13 (1) and (5), 14 (1) and (3), 15 (1) and (3), 17 (3) and 18 are amended by striking out "director" wherever it appears and substituting "chief executive officer".
Wills Act
59 Section 1 of the Wills Act, R.S.B.C. 1996, c. 489, is repealed and the following substituted:
1 In this Act:
"chief executive officer" means the chief executive officer under the Vital Statistics Act;
"will" includes a testament, a codicil, an appointment by will or by writing in the nature of a will in exercise of a power and any other testamentary disposition.
60 Sections 32 to 36 are amended by striking out "Director of Vital Statistics" wherever it appears and substituting "chief executive officer".
61 This Act comes into force by regulation of the Lieutenant Governor in Council.
SECTION 1: [Vital Statistics Act, amends section 1] repeals the definitions of "director" and "district registrar" and replaces them with definitions of "chief executive officer" and "vital statistics registrar". The definition of "registration district" is also repealed, reflecting the transition from a district registration system to a centralized registration system. The definition of "certificate" is updated to reflect these changes.
SECTION 2: [Vital Statistics Act, re-enacts section 2] allows other appropriate persons besides the attending medical practitioner to report a birth, makes the means for submitting a report more flexible and removes a reference to regional districts. References to the director and district registrar are replaced by references to the chief executive officer.
SECTION 3: [Vital Statistics Act, amends section 3] replaces references to the director and district registrar with references to the chief executive officer.
SECTION 4: [Vital Statistics Act, amends section 5] replaces a reference to the director and district registrar with a reference to the chief executive officer.
SECTION 5: [Vital Statistics Act, amends sections 6 and 7] replaces references to the director with references to the chief executive officer.
SECTION 6: [Vital Statistics Act, amends section 8] replaces references to the director and district registrar with references to the chief executive officer and streamlines the reporting procedure.
SECTION 7: [Vital Statistics Act, amends section 9] replaces references to the director with references to the chief executive officer.
SECTION 8: [Vital Statistics Act, amends section 10] replaces references to the director with references to the chief executive officer.
SECTION 9: [Vital Statistics Act, amends section 11] replaces references to the director and district registrar with references to the chief executive officer and vital statistics registrar.
SECTION 10: [Vital Statistics Act, amends section 12] replaces references to the director with references to the chief executive officer.
SECTION 11: [Vital Statistics Act, amends sections 13 and 14 (1)] replaces references to the director with references to the chief executive officer.
SECTION 12: [Vital Statistics Act, amends section 15] replaces references to the director and district registrar with references to the chief executive officer.
SECTION 13: [Vital Statistics Act, amends section 16] replaces references to the director with references to the chief executive officer.
SECTION 14: [Vital Statistics Act, amends section 17 (2)] replaces references to the director with references to the chief executive officer.
SECTION 15: [Vital Statistics Act, amends section 18] replaces references to the director with references to the chief executive officer.
SECTION 16: [Vital Statistics Act, re-enacts section 19] replaces references to the district registrar with references to the vital statistics registrar and reflects the transition from a district registration system to a centralized registration system.
SECTION 17: [Vital Statistics Act, re-enacts section 20 and repeals section 21] replaces references to a district registrar with references to a vital statistics registrar or the chief executive officer and reflects the transition from a district registration system to a centralized registration system.
SECTION 18: [Vital Statistics Act, amends section 22] replaces references to the district registrar and director with references to the chief executive officer or a vital statistics registrar and reflects the transition from a district registration system to a centralized registration system.
SECTION 19: [Vital Statistics Act, amends section 24] replaces a reference to the director with a reference to the chief executive officer.
SECTION 20: [Vital Statistics Act, repeals section 25] repeals an obsolete provision.
SECTION 21: [Vital Statistics Act, amends sections 26 (1), 27 (1) and (2) and 28] replaces references to the director with references to the chief executive officer.
SECTION 22: [Vital Statistics Act, amends section 29] reflects the transition from a district registration system to a centralized registration system and replaces references to the director with references to the chief executive officer.
SECTION 23: [Vital Statistics Act, amends section 30] replaces references to the director with references to the chief executive officer.
SECTION 24: [Vital Statistics Act, re-enacts section 31] reflects the transition from a district registration system to a centralized registration system and changes the title of the agency and its head.
SECTION 25: [Vital Statistics Act, repeals section 32] reflects the transition from a district registration system to a centralized registration system by repealing references to the registration district system.
SECTION 26: [Vital Statistics Act, amends section 33] replaces references to district registrars and deputy district registrars with references to vital statistics registrars.
SECTION 27: [Vital Statistics Act, re-enacts sections 34 and 35] replaces references to the director and district registrar with references to the chief executive officer and vital statistics registrar and reflects the transition from a district registration system to a centralized registration system.
SECTION 28: [Vital Statistics Act, amends sections 36 (1) and (4) and 37] replaces references to the director with references to the chief executive officer.
SECTION 29: [Vital Statistics Act, amends section 38] replaces references to the director with references to the chief executive officer and a reference to a district registrar with a reference to a vital statistics registrar.
SECTION 30: [Vital Statistics Act, amends section 39] is consequential to the repeal of section 25 of the Act by this Bill and replaces references to the director with references to the chief executive officer and a reference to a district registrar with a reference to a vital statistics registrar.
SECTION 31: [Vital Statistics Act, amends section 40] replaces references to the director with references to the chief executive officer and a reference to the district registrar with a reference to a vital statistics registrar.
SECTION 32: [Vital Statistics Act, re-enacts section 42] updates references to titles of office to reflect other amendments made to the Act by this Bill.
SECTION 33: [Vital Statistics Act, amends sections 43, 44 and 45 (2)] replaces references to the director with references to the chief executive officer.
SECTION 34: [Vital Statistics Act, amends section 46 (1)8] replaces a reference to the director with a reference to the chief executive officer.
SECTION 35: [Vital Statistics Act, amends section 48] replaces a reference to the director with a reference to the chief executive officer.
SECTION 36: [Vital Statistics Act, amends section 54 (2)] replaces references to the director with references to the chief executive officer and references to the district registrar with references to a vital statistics registrar and removes a provision no longer used for administrative purposes.
Adoption Act
SECTION 37: [Adoption Act, amends section 1] adds a definition of "chief executive officer".
SECTION 38: [Adoption Act, amends sections 45 and 63 to 67] replaces references to the director with references to the chief executive officer.
Cemetery and Funeral Services Act
SECTION 39: [Cemetery and Funeral Services Act, amends section 50] replaces a reference to the director with a reference to the chief executive officer.
Coroners Act
SECTION 40: [Coroners Act, repeals and replaces section 17 (1) (b)] replaces a reference to the director with a reference to the chief executive officer.
Deregulation Statutes Amendment Act, 2002
SECTION 41: [Deregulation Statutes Amendment Act, 2002, amends sections 27 and 28] replaces references to the director with references to the chief executive officer in sections 12 and 13 (5) of the Name Act as re-enacted, and amended respectively, by the Deregulation Statutes Amendment Act, 2002.
Health Planning Statutes Amendment Act, 2002
SECTION 42: [Health Planning Statutes Amendment Act, 2002, amends sections 18 and 19] replaces references to the director with references to the chief executive officer in sections 6.1 and 7 of the Name Act as enacted and amended respectively, by the Health Planning Statutes Amendment Act, 2002.
SECTION 43: [Health Planning Statutes Amendment Act, 2002, amends section 22] replaces a reference to the Director of Vital Statistics with a reference to the chief executive officer in section 3 (5) of the Survivorship and Presumption of Death Act as enacted, and amended respectively, by the Health Planning Statutes Amendment Act, 2002.
Marriage Act
SECTION 44: [Marriage Act, amends section 1] replaces definitions of "director" and "registration district" with definitions of "chief executive officer" and "vital statistics registrar".
SECTION 45: [Marriage Act, amends sections 2 to 5, 7 (2) and 11 (1)] replaces references to the director with references to the chief executive officer.
SECTION 46: [Marriage Act, amends section 13] removes reference to the registration district, replaces references to the district registrar with references to the vital statistics registrar and replaces a reference to the director with a reference to the chief executive officer.
SECTION 47: [Marriage Act, amends section 14] replaces references to the Director of Vital Statistics, director and district registrar with references to the chief executive officer.
SECTION 48: [Marriage Act, amends sections 16 (1), 19 (2) and (3), 22 (2) and 24] replaces references to the director with references to the chief executive officer.
SECTION 49: [Marriage Act, amends section 25] replaces references to the director and district registrar with references to the chief executive officer.
SECTION 50: [Marriage Act, amends section 34] replaces a reference to the director with a reference to the chief executive officer.
Name Act
SECTION 51: [Name Act, amends section 1] replaces definitions of "director" and "district registrar" with definitions of "chief executive officer" and "vital statistics registrar".
SECTION 52: [Name Act, amends sections 4 (5) and (6) and 5 (5)] replaces references to the director with references to the chief executive officer.
SECTION 53: [Name Act, amends section 6] replaces references to the director with references to the chief executive officer and a reference to district with a reference to community.
SECTION 54: [Name Act, amends section 7] replaces references to the director with references to the chief executive officer.
SECTION 55: [Name Act, re-enacts section 8] updates references to officers under the Vital Statistics Act to reflect the amendments made by this Bill.
SECTION 56: [Name Act, amends section 9] replaces references to the director with references to the chief executive officer.
SECTION 57: [Name Act, amends section 11] replaces a reference to the director with a references to the chief executive officer.
SECTION 58: [Name Act, amends sections 12 (1), 13 (1) and (5), 14 (1) and (3), 15 (1) and (3), 17 (3) and 18] replaces references to the director with references to the chief executive officer.
Wills Act
SECTION 59: [Wills Act, re-enacts section 1] adds a definition of "chief executive officer".
SECTION 60: [Wills Act, amends sections 32 to 36] replaces references to the Director of Vital Statistics with references to the chief executive officer.
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