CHANGE OF NAME Notation of change of name 21(1) Where the name of a person has been changed in Manitoba by deed poll before July 1, 1938, or is changed under The Change of Name Act , or is changed in another province or territory of Canada or in a foreign state by or under a statute of that province or territory or that foreign state, the director, on production of proof of the change and satisfactory evidence as to the identity of the person, (a) if the birth, marriage or common-law relationship of the person is registered in the province, shall cause a notation of the change to be made on the registration thereof; and (b) if the change was made under The Change of Name Act and the person was born or married or registered a common-law relationship in Canada but outside the province, shall transmit to the officer in charge of the registration of births, marriages and common-law relationships in the province or territory of Canada in which the person was born or married or registered a common-law relationship a copy of the proof of the change of name produced to the director; and (c) if the change was made under The Change of Name Act and the person was born or married or registered a common-law relationship outside Canada, shall, if requested by the person whose name has been changed, transmit to the officer in charge of the registration of births, marriages and common-law relationships in the foreign state in which the person was born or married or registered a common-law relationship, a copy of the proof of the change of name produced to the director. Meaning of "foreign state" 21(2) In subsection (1) the expression "foreign state" includes any country in the Commonwealth other than Canada and, in the case of the United States, means a state of that country. Certificate after change of name 21(3) Every birth, marriage or common-law relationship certificate issued after the making of a notation under this section except for a change of surname made by election as a result of marriage or common-law relationship shall be issued as if the registration had been made in the name as changed. S.M. 2002, c. 24, s. 54 ; S.M. 2002, c. 48, s. 23 . FRAUDULENT REGISTRATIONS AND CERTIFICATES Cancellation of registration and birth certificates 22(1) On written application by any person, and after notice to, and hearing of, all persons interested, or, where the holding of a hearing is not possible, on receipt of a statutory declaration or such other evidence satisfactory to the director as may be adduced by any person interested, the director, if satisfied that a registration was fraudulently or improperly made, may order that a notation be made on the registration to that effect and order that every certificate issued in respect of that registration be delivered to the director for cancellation. Certificate 22(2) Where a notation has been made under subsection (1), no certificate shall be issued thereafter in respect of the registration. Certificates fraudulently or improperly obtained or used 22(3) On written application by any person and after notice to and hearing of all persons interested, or where the holding of a hearing is not possible, on receipt of a statutory declaration or such other evidence satisfactory to the director as may be adduced by any person interested, the director, if satisfied that a certificate was obtained or is being used for fraudulent or improper purposes, may make an order requiring the delivery to the director of that certificate. Certificate to be delivered to director 22(4) A person who is in possession or control of a certificate in respect of which an order has been made under subsection (1) or (3) shall forthwith, upon receipt of the order, deliver the certificate to the director who shall preserve it in a permanent file together with the order and all documents relating thereto. S.M. 2001, c. 5, s. 17 ; S.M. 2025, c. 23, s. 3 . CORRECTIONS OF ERRORS IN REGISTRATIONS Corrections by event registrar 23(1) If, while the registration of a birth, stillbirth, marriage, or death is in the possession of an event registrar, it is reported that an error exists in the registration, the event registrar shall inquire into the matter and, if satisfied that an error has been made, shall correct the error according to the facts by making a notation of the correction on the registration without altering the original entry. Correction by personal appearance 23(2) If the person who furnished the information contained in the registration to be corrected appears in person, the event registrar may permit correction by altering the original entry. Correction by director 23(3) If, after a registration has been received or made by the director, it is reported that an error exists in the registration, the director shall inquire into the matter and, upon production of satisfactory evidence verified by statutory declaration, and upon payment of the prescribed fee, shall correct the error by making a notation of the correction on the registration without altering the original entry. Certificate from registration after correction 23(4) If, after the correction of an error, application is made for a certificate, the certificate shall be prepared as if the registration had been made containing correct particulars at the time of registration. S.M. 2001, c. 5, s. 18 . Minor change in name 24(1) The director upon (a) application of a person whose birth is registered under this Act; or (b) application of the parents of a minor whose birth is registered under the Act; or (c) application of both parties to a marriage registered under this Act; or (d) application of both parties to a common-law relationship registered under this Act; for a change in spelling of a name as it appears in the birth, marriage or common-law relationship registration, may investigate the matter and, if satisfied that the alteration is minor and will not likely mislead anyone materially or adversely, may upon payment of the prescribed fee alter the registration of the birth, marriage or common-law relationship by changing the spelling of the name of the person whose birth is registered under this Act or the name of either or both of the parties to the marriage or common-law relationship registered under this Act. Certificates after spelling change 24(2) Every birth, marriage or common-law relationship certificate issued after an alteration to the spelling of a name under subsection (1) shall be issued as if the original registration had been made with the name as changed. S.M. 2001, c. 5, s. 19 ; S.M. 2002, c. 48, s. 23 . CHANGE OF SEX DESIGNATION Definitions 25(1) The following definitions apply in this section and section 25.1. "applicant" means a person who applies to the director under subsection (2), (3) or (4). (« auteur de demande ») "health care professional" means a medical practitioner, nurse practitioner, psychologist or psychological associate or member of a prescribed health care profession who (a) is licensed, certified or registered to practise their health care profession in the jurisdiction within which they practise; and (b) is in good standing with the regulatory authority for that profession in that jurisdiction. (« professionnel de la santé ») "psychological associate" means a person who is licensed, certified or registered to practise as a psychological associate without supervision. (« psychologue associé ») "resident of Manitoba" means a person who is legally entitled to be or remain in Canada and makes their home in and is ordinarily present in Manitoba, but does not include a tourist, transient or visitor to Manitoba. (« domicilié au Manitoba ») Application to change sex designation on birth registration 25(2) A person whose birth is registered in Manitoba may apply to the director to change the sex designation on the person's birth registration. Application for change of sex designation certificate 25(3) A person may apply to the director for a change of sex designation certificate if the person is a Canadian citizen who has been a resident of Manitoba for at least one year before the date the application is submitted. Application to change sex designation on marriage registration 25(4) A person whose marriage is registered in Manitoba may apply to the director to change the sex designation on the person's marriage registration if the other party to the marriage consents to the change in writing in an approved form and the person meets one of the following criteria: (a) the person is also an applicant under subsection (2) or (3); (b) the person had an amendment made to the person's birth registration under section 25 as it read before the coming into force of this subsection; (c) the person had an amendment made to the sex designation on the person's birth registration in another jurisdiction. Application materials — birth registration amendment or sex designation certificate 25(5) An application for a change of sex designation on a person's birth registration under subsection (2) or a change of sex designation certificate under subsection (3) must be made in an approved form and be accompanied by the following: 1. A signed statutory declaration in an approved form that meets the requirements in subsection (7). 2. If the applicant is a minor, one of the following: (a) a supporting letter from a health care professional that meets the requirements in subsection (8); (b) at the director's discretion, alternative supporting material that meets the requirements in subsection (9). 3. Evidence of (a) the applicant's current full legal name and date and place of birth; (b) the names of the applicant's parents; and (c) the applicant's identity. 4. Evidence that (a) the applicant's birth is registered in Manitoba; or (b) the applicant is a Canadian citizen and has been a resident of Manitoba for at least one year before the date the application is submitted. 5. Evidence of the applicant's domicile or habitual residence if not in Manitoba. 6. For a change of sex designation on the applicant's birth registration, (a) all documents respecting the birth that were previously issued under subsection 32(2) and that are in the applicant's possession or control; and (b) a signed application in an approved form for a new birth certificate to be issued under subsection 32(2). 7. The prescribed information, if any. 8. The prescribed fee. Application materials — marriage registration amendment 25(6) An application for a change of sex designation on a person's marriage registration under subsection (4) must be made in an approved form and be accompanied by the following: 1. A statutory declaration in an approved form that is signed by both parties to the marriage. 2. For a change of sex designation on the marriage registration of a person described in clause (4)⁠(b) or (c), evidence of the applicant's current full legal name and proof of identity. 3. For a change of sex designation on the marriage registration of a person described in clause (4)⁠(c), documentation that meets the requirements in item 1 of subsection (9). 4. The prescribed information, if any. 5. The prescribed fee. Statutory declaration — change of sex designation 25(7) In a statutory declaration provided under item 1 of subsection (5), the applicant must attest to the following: 1. The applicant identifies with the requested sex designation. 2. The applicant is currently living full-time in a manner consistent with the requested sex designation and intends to continue doing so. The statutory declaration may include additional statements to which an applicant must attest. Supporting letter requirements 25(8) A supporting letter for an applicant who is a minor must meet the following requirements: 1. The letter must be provided by a health care professional who (a) has treated or evaluated the applicant; and (b) practises in a jurisdiction in Canada or, in the case of an applicant under subsection (2) who is domiciled or habitually resident outside Canada, a health care professional who practises in a jurisdiction in or outside Canada. 2. The letter must (a) identify the applicant by the applicant's current full legal name and date of birth; (b) include a statement that the sex designation on the applicant's birth registration (if born in Canada) or on documents evidencing the applicant's Canadian citizenship (if born outside Canada) is, in the health care professional's opinion, inconsistent with the sex designation with which the applicant identifies; (c) include a statement that the health care professional is of the opinion that the sex designation requested by the applicant is consistent with the sex designation with which the applicant identifies; (d) include evidence that the health care professional is qualified to practise in their jurisdiction; (e) include a statement about the duration of the health care professional's relationship with the applicant; (f) include a statement that the health care professional is of the opinion that the applicant has the capacity to make health care decisions; (g) be in an approved form; and (h) include the prescribed information, if any. Alternative supporting materials 25(9) As an exception to subsection (8), the director may accept the following materials in support of the requested change of sex designation for an applicant whose birth is registered in Manitoba: 1. Documentation from a jurisdiction outside Manitoba effecting a change of sex designation, or acknowledging that a change of sex designation has occurred, in that jurisdiction if (a) the documentation is issued by a person, office or body in the jurisdiction that, in the director's opinion, has functions under the jurisdiction's laws relating to changes of sex designation; (b) the legal requirements of the jurisdiction for such changes are, in the director's opinion, comparable to the requirements under this Act; and (c) the applicant was domiciled or habitually resident there when the documentation was issued. 2. Documentation from a medical practitioner who (a) treated or evaluated the applicant; and (b) is licensed, certified or registered to practise medicine in a jurisdiction in Canada and is in good standing with the regulatory authority for medical practitioners in that jurisdiction; that indicates that the applicant's sex designation should be changed as a result of transsexual, gender reassignment or similar surgery undergone by the applicant. 3. Any other prescribed documentation. Director may request additional documentation, evidence, etc. 25(10) At the director's request, the applicant must provide any additional documentation, evidence, material or information in respect of the application. Documentation, etc. must satisfy director, meet other prescribed requirements 25(11) The documentation, evidence, material or information provided by an applicant under this section must (a) be satisfactory to the director; and (b) meet the prescribed requirements, if any. S.M. 1991-92, c. 10, s. 8 ; S.M. 2001, c. 5, s. 20 ; S.M. 2014, c. 22, s. 2 ; S.M. 2025, c. 23, s. 4 Director may change sex designation on birth registration 25.1(1) If the applicant's birth is registered in Manitoba and each applicable requirement under this Act has been met, the director may amend the registration to change the applicant's sex designation. Birth certificates issued without mention of change 25.1(2) Every birth certificate issued in respect of the applicant after an amendment is made under subsection (1) must be issued as if the original registration had been made with the sex designation as changed. Documents to be returned 25.1(3) A person who is in possession or control of a document issued under subsection 32(2) in respect of the applicant before the amendment is made under subsection (1) must return the document to the director immediately, upon request, for cancellation. Change of sex designation certificate 25.1(4) The director may issue a change of sex designation certificate to an applicant who meets each applicable requirement under this Act. Director may change sex designation on marriage registration 25.1(5) If the applicant's marriage is registered in Manitoba and each applicable requirement under this Act has been met, the director may amend the registration to change the applicant's sex designation. Marriage certificates issued without mention of change 25.1(6) Every marriage certificate issued in respect of the applicant after an amendment is made under subsection (5) must be issued as if the original registration had been made with the sex designation as changed. S.M. 2014, c. 22, s. 2 . If change of sex designation made under previous section 25.2 On application and payment of the prescribed fee, the director may issue a change of sex designation certificate to a person who had a change of sex designation made to the person's birth registration under section 25 as it read before the coming into force of this section. S.M. 2014, c. 22, s. 2 . ADMINISTRATION Appointment of director and other officers and employees 26(1) A Director of Vital Statistics or an Acting Director of Vital Statistics and an Assistant Director of Vital Statistics, and such other officers and employees as may be required, may be appointed under Part 3 of The Public Service Act . Duties of director 26(2) The director shall, under the control of the minister, be responsible for the administration of this Act and shall perform such other duties as may be prescribed by the regulations or by the minister. Duties of assistant director and inspectors 26(3) The Assistant Director of Vital Statistics may, subject to such limitations, if any, as may be imposed by the minister, exercise the powers and perform the duties of the director; and shall also perform such other duties as may be prescribed by the regulations or by the minister. Meaning of "Recorder of Vital Statistics" 26(4) Where, in any Act of the Legislature or any regulation, rule or order made under an Act of the Legislature, there is reference to the Recorder of Vital Statistics, it shall be conclusively deemed to be a reference to the Director of Vital Statistics. S.M. 2013, c. 54, s. 76 ; S.M. 2021, c. 11, s. 65 . Appointment of event registrars 27(1) The director may appoint a person to be an event registrar with respect to one or more of the following registrations under this Act: (a) births; (b) marriages; (c) deaths; (d) stillbirths. Former district registrars 27(2) A person who was appointed a district registrar before this section comes into force is deemed to be an event registrar under this Act. S.M. 2001, c. 5, s. 21 . 28 [Repealed] S.M. 2001, c. 5, s. 22 . Enforcement of Act by event registrar 29 Every event registrar shall, under the supervision and direction of the director and in accordance with the regulations, enforce this Act and shall make an immediate report to the director of any violation of this Act. S.M. 2001, c. 5, s. 23 . Duty of event registrar 30(1) Each event registrar shall examine each statement respecting a birth, stillbirth, marriage, or death, when presented for registration, to see that it has been made out in accordance with the provisions of this Act and the regulations and the instructions of the director. Defective birth or marriage notice 30(2) If a statement of birth, stillbirth, or marriage is incomplete, the event registrar shall immediately require the informant to supply the missing items, if they can be obtained. 30(3) [Repealed] S.M. 2001, c. 5, s. 24 . Obtaining information 30(4) An event registrar shall use all proper means available to obtain the information necessary for the purpose of completing the records required to be made. Retention and destruction of documents 30(5) An event registrar shall keep copies of statements and other documents with respect to births, stillbirths, marriages and death for the period of time and in the manner set out in the regulations and destroy them in accordance with the regulations. Action by event registrar when party fails to complete statement 30(6) An event registrar who has reason to believe a birth, stillbirth, marriage, or death, has occurred but has not been registered, (a) shall immediately request that the responsible person complete the relevant statement for registration; and (b) if the person fails to comply with the request, shall send all information in the event registrar's possession with respect to the matter to the director. Notice to Director of Child and Family Services 30(7) Within three days after receiving a statement respecting the birth of a child to an unmarried birth parent under the age of 18 years, the director shall send a copy of the statement to the Director of Child and Family Services. S.M. 2001, c. 5, s. 24 ; S.M. 2021, c. 63, s. 22 ; S.M. 2025, c. 23, s. 5 . SEARCHES Searches of registrations and church records 31(1) The director may, on application and payment of the prescribed fee, make a search for a person for (a) the registration of any birth, stillbirth, marriage, common-law relationship, or death; or (b) the record of any baptism, marriage or burial, placed on file in the office of the director under section 20. The limitations that apply to the issuance of a certificate, certified copy or photographic print under section 32 also apply to a search under this section. Report on search 31(2) The director shall make a report on the search which shall state whether or not the birth, stillbirth, marriage, common-law relationship, death, baptism, or burial is registered or recorded and, if registered shall state the registration number thereof, and the report shall contain no further information. Searches for research or statistical purposes 31(3) The director may make a search for any person or organization for bona fide research or statistical purposes where (a) the director is satisfied that the research or statistical purpose cannot reasonably be achieved unless the record is provided in a form which identifies an individual; and (b) the director obtains from the person or organization a written undertaking not to disclose the contents of the record in any form which could reasonably be expected to identify the individual. S.M. 2001, c. 5, s. 25 ; S.M. 2002, c. 48, s. 23 . ISSUANCE OF CERTIFICATES AND COPIES Issuing certificates and copies 31.1 If the director is satisfied that the information will not be used for an unlawful or improper purpose, the director may issue a certificate or a certified copy or photographic print of a registration in accordance with section 32. Births Birth — 100 years ago or more 32(1) With respect to a birth that occurred 100 years ago or more, the director may issue the following documents on application and payment of the prescribed fee: (a) a certificate of birth, only to a person referred to in clauses (2)⁠(a) to (h); (b) a certified copy or photographic print of the registration of the birth, to any person. Birth — less than 100 years ago 32(2) With respect to a birth that occurred less than 100 years ago, the director may issue a certificate of the birth or a certified copy or photographic print of the registration of the birth only to the following persons, on application and payment of the prescribed fee: (a) the person whose birth is registered; (b) a person whose name appears as a parent on the registration of the birth; (c) a guardian of the person whose birth is registered; (d) a person authorized in writing by a person referred to clause (a), (b) or (c); (e) a person or agency that requires it to comply with The Adoption Act or The Child and Family Services Act ; (e.1) an Indigenous service provider that requires it to comply with an Indigenous law respecting child and family services; (f) a public officer or police officer who requires it for use in the discharge of their duties; (g) a person on the order of a court; (h) a person authorized in writing by the director or minister. Form of birth certificate 32(3) A certificate of birth shall be in an approved form and contain at least the following particulars: (a) the name of the person whose birth is registered; (b) the date of birth; (c) the place of birth; (d) [repealed] S.M. 2021, c. 5, s. 25 ; (e) the date the birth was registered; (f) the registration number. Birth registration search — court proceedings 32(4) On application and payment of the prescribed fee, the director may issue a certificate of birth registration search to the following persons: (a) a person who applies to court under The Family Law Act for a declaration that the person is or is not in law the parent of a child; (b) a person who applies to court for a guardianship order under The Family Law Act ; (c) a person who applies to court for a parenting order under The Family Law Act or the Divorce Act (Canada); (d) an agency, Indigenous service provider or other person or entity that (i) provides child and family services under The Child and Family Services Act , an Indigenous law or the law of another Canadian jurisdiction, and (ii) requires the certificate for court proceedings; (e) a person on the order of a court. Form of certificate of birth registration search 32(5) A certificate of birth registration search shall be in an approved form and contain at least the following particulars, if stated on the birth registration: (a) the full name of the child; (b) the date and place of the child's birth; (c) [repealed] S.M. 2021, c. 5, s. 25 ; (d) the kind of birth; (e) the name of each parent at the time of each parent's birth; (f) the name of each parent and their age at the time of the child's birth; (g) the birth registration number; (h) the birth registration date. Child and Family Services Act definitions 32(5.1) In this section, "Indigenous law" and "Indigenous service provider" have the same meaning as in The Child and Family Services Act . Marriages Marriage — 80 years ago or more 32(6) With respect to the registration of a marriage that occurred 80 years ago or more, the director may issue the following documents on application and payment of the prescribed fee: (a) a certificate of marriage, only to a person referred to in clauses (7)⁠(a) to (f); (b) a certified copy or photographic print of the registration of the marriage, to any person. Marriage — less than 80 years ago 32(7) With respect to a marriage that occurred less than 80 years ago, the director may issue a certificate of the marriage, or a certified copy or photographic print of the registration of the marriage, only to the following persons on application and payment of the prescribed fee: (a) a party to the marriage; (b) if both parties to the marriage are dead, a child or parent of either party; (c) a person authorized in writing by a person referred to in clause (a) or (b); (d) a public officer or police officer who requires it for use in the discharge of their duties; (e) a person on the order of a court; (f) a person authorized in writing by the director or minister. Form of marriage certificate 32(8) A certificate of marriage shall be in an approved form and contain at least the following particulars: (a) the names of the parties to the marriage; (b) the date of the marriage; (c) the place where the marriage was solemnized; (d) the date the marriage was registered; (e) the registration number. Common-Law Relationships Common-law relationship certificate 32(8.1) The director may issue a certificate of common-law relationship, or a certified copy or photographic print of the registration of common-law relationship, only to the following persons, on application and payment of the prescribed fee: (a) a party to the common-law relationship; (b) if both parties to the common-law relationship are dead, a child or parent of either party; (c) a person authorized in writing by a person referred to in clause (a) or (b); (d) a public officer or police officer who requires it for use in the discharge of their duties; (e) a person on the order of a court; (f) a person authorized in writing by the director or minister. Form of common-law relationship certificate 32(8.2) A certificate of common-law relationship shall be in an approved form and contain at least the following particulars: (a) the names of the parties to the common-law relationship; (b) the residence of the common-law partners at the time they registered the common-law relationship; (c) the date on which the common-law relationship commenced; (d) the date on which the common-law relationship was registered; (e) the registration number. Dissolution of common-law relationship certificate 32(8.3) The director may issue a certificate of dissolution of common-law relationship, or a certified copy or photographic print of the registration of the dissolution of common-law relationship, only to a person who is entitled to apply for a common-law relationship certificate and on payment of the prescribed fee. Form of dissolution of common-law relationship certificate 32(8.4) A certificate of dissolution of common-law relationship shall be in an approved form and contain at least the following particulars: (a) the names of the parties to the common-law relationship; (b) the date on which the common-law relationship commenced; (c) the date on which the common-law relationship was registered; (d) the registration number of the common-law relationship; (e) the name of the party or parties who registered the dissolution of the common-law relationship; (f) if only one party signed the statement regarding dissolution, the date on which the other party was served with the statement; (g) where both parties jointly signed the statement of dissolution, the date on which the parties began living separate and apart; (h) the date on which the dissolution of the common-law relationship was registered. Deaths Death — 70 years ago or more 32(9) With respect to the registration of a death that occurred 70 years ago or more, the director may issue a certificate of death, or a certified copy or photographic print of the registration of the death, to any person on application and payment of the prescribed fee. Death certificate — death less than 70 years ago 32(10) With respect to a death that occurred less than 70 years ago, the director may issue a certificate of death to any person, on application and payment of the prescribed fee. Form of death certificate 32(11) A certificate of death shall be in an approved form and contain at least the following particulars: (a) the name of the deceased; (b) the age of the deceased at the time of death; (c) [repealed] S.M. 2021, c. 5, s. 25 ; (d) the date of death; (e) the place of death; (f) the date the death was registered; (g) the registration number. Cause of death not disclosed 32(12) No certificate of death or certified copy or photographic print of the registration of death shall disclose a cause of death, unless (a) the document is issued under subsection (9); or (b) the cause of death is disclosed on the written authorization of the minister or on the order of a court. Certified copy — death less than 70 years ago 32(13) With respect to a death that occurred less than 70 years ago, the director may, subject to subsection (12), issue a certified copy or photographic print of the registration of death only to the following persons on application and payment of the prescribed fee: (a) a spouse, child, parent or sibling of the deceased; (b) the executor or administrator of the estate of the deceased; (c) a person authorized in writing by a person referred to in clause (a) or (b); (d) a person who satisfies the director that it is required for an application to disinter a body under The Public Health Act ; (e) a public officer or police officer who requires it for use in the discharge of their duties; (f) a person on the order of a court; (g) a person authorized in writing by the director or minister. Stillbirths No certificate issued 32(14) No certificate of birth or death shall be issued with respect to a stillbirth. Certified copy of registration or search record 32(15) The director may issue a certified copy or photographic print of the registration of a stillbirth or a record of search only to the following persons on application and payment of the prescribed fee: (a) a person whose name appears as a parent on the registration of the stillbirth, or a person authorized in writing by such a person; (b) a sibling of the stillborn child; (c) a person authorized in writing by the director or minister; (d) a person on the order of a court; (e) a person who satisfies the director that it is required for an application to disinter a body under The Public Health Act . Other Matters Certified copy from church records 32(16) On application and payment of the prescribed fee, but subject to the limitations that apply to the issuance of certificates, certified copies and photographic prints under this section, a person may obtain a certified copy of a record on file under section 20 in respect of a baptism, marriage or burial. S.M. 2001, c. 5, s. 26 ; S.M. 2002, c. 48, s. 23 ; S.M. 2011, c. 35, s. 52 ; S.M. 2021, c. 5, s. 25 ; S.M. 2021, c. 63, s. 22 ; S.M. 2024, c. 36, s. 43 ; S.M. 2025, c. 23, s. 6 . Certificates to be issued only by director 33(1) Every certificate, certified copy, or photographic print, issued under section 32 shall be issued by the director; and no person other than a person herein authorized to do so shall issue any document that purports to be issued under this Act. Signature of director 33(2) Where the signature of the director or any person appointed pursuant to subsection 26(1) is required for any of the purposes of this Act, the signature may be written, engraved, lithographed or reproduced by any other mode of reproducing words in visible form. Certificate valid after change of director 33(3) Every document issued under this Act under the signature of the director or of any person appointed pursuant to subsection 26(1) is valid notwithstanding that the director or the person so appointed has ceased to hold office before the issue of the certificate. Certificates as evidence 34 Every certificate purporting to be issued under section 32 is admissible in evidence in any court in the province as prima facie proof of the facts certified to be recorded, and every certified copy or photographic print purporting to be issued under section 32 is so admissible in evidence as prima facie proof of the facts recorded therein; and it is not necessary to prove the signature or official position of the person by whom the certificate or certified copy purports to be signed. Photographic films and prints as copies 35 Where a provision of this Act refers to a copy of any document or paper, or to a copy on an approved form of any document or paper, or requires the making or retaining of such a copy or such a copy on an approved form, the reference shall be deemed to include, and the requirement shall be deemed to be complied with, by the making or retaining of a photographic film of the document or paper; and a print from such a photograpic film shall be deemed to be, and to have the same effect and serve the same purpose as, a copy or a copy on an approved form of the document or paper. S.M. 2011, c. 35, s. 52 . Appeal from refusal of director to register 36(1) Where an application for the registration of a birth, stillbirth, marriage, common-law relationship, or death is refused by the director, if, within one year of the refusal, an application is made to the Court of King's Bench, the court, upon being satisfied that the application is made in good faith and as to the truth and sufficiency of the evidence adduced on the application, and having regard to the standards respecting delayed registration set forth in the regulations for the guidance of the director, may make an order requiring the director to accept the application and register the birth, stillbirth, marriage, common-law relationship, or death; and the registrar of the court shall forthwith send a copy of the order to the director who shall comply with the order and attach the copy to the registration. Appeal respecting search or issue of certificate 36(2) Where an application for a certificate or a search in respect of the registration of a birth, stillbirth, marriage, common-law relationship, or death, is refused by the director, if, within one year of the refusal, application is made to the Court of King's Bench the court, upon being satisfied that the application is made in good faith and that the applicant has good reason for requiring the certificate or search, may make an order requiring the director to issue the certificate or make the search; and the registrar of the court shall forthwith forward a copy of the order to the director who shall comply therewith. Appeal from order under section 22 36(3) Where the director has made an order under section 22, any person interested may, within one year thereafter, appeal therefrom to the Court of King's Bench and the court may make an order confirming or setting aside the order of the director and the order of the judge shall be final and shall be binding on the director. Notice 36(4) At least 30 days' notice of the application or appeal shall be served on the director. S.M. 2002, c. 48, s. 23 . GENERAL Power to take affidavits 37 The director and every event registrar may take the affidavit or statutory declaration of any person for the purposes of this Act. S.M. 2001, c. 5, s. 27 . Publication by director of statistical information 38 The director may compile, publish, and distribute, such statistical information respecting the births, stillbirths, marriages, common-law relationships, deaths, adoptions and changes of name, registered during any period as deemed necessary and in the public interest. S.M. 2002, c. 48, s. 23 . Annual report 39 The director must prepare a statistical report of the births, stillbirths, marriages, common-law relationships, deaths, adoptions and changes of name for the previous calendar year and include it in the annual report for the department over which the minister presides. S.M. 2001, c. 5, s. 28 ; S.M. 2002, c. 48, s. 23 ; S.M. 2008, c. 42, s. 92 ; S.M. 2022, c. 45, s. 73 . Records property of the government 40(1) All records, books, and other documents, pertaining to any office under this Act are the property of the government. Delivery of records to successor 40(2) Where a vacancy occurs in any office under this Act, the person having the possession, custody, or control of any books, records, or other documents, pertaining to the office shall give up possession of and deliver them to the successor in office or to any person appointed by the director to demand and receive them; and any person who fails to comply with this subsection is guilty of an offence. S.M. 2001, c. 5, s. 29 . Secrecy 41(1) No event registrar or employee in the government shall communicate, or allow to be communicated, to any person not entitled thereto any information obtained under this Act, or allow any such person to inspect, or have access to, any records containing information obtained under this Act. Exceptions 41(2) Subsection (1) does not prohibit (a) the compilation, furnishing or publication of statistical data that does not disclose specific information about a particular person; or (b) the provision of information to the chief electoral officer under The Elections Act . Fine 41(3) Every person who wilfully violates the provisions of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000. S.M. 2001, c. 5, s. 30 ; S.M. 2002, c. 26, s. 56 ; S.M. 2017, c. 35, s. 62 . Information that does not meet registration requirements 41.1(1) Despite anything in this Act, the director may refuse to register a document submitted for registration under this Act — or may register the document and sever information from it — if the director (a) is not satisfied that the document or information meets all the registration requirements under this Act and the regulations; (b) is not satisfied as to the truth or sufficiency of any statements made in the document; or (c) has reason to believe that the document submitted for registration or any supporting document submitted with it (i) is false or contains any false or misleading information, or (ii) was submitted in bad faith or for an unlawful or improper purpose. Severing information on documents 41.1(2) The director may sever information from a document in accordance with subsection (1), before the document is registered, or at any time after it has been registered. S.M. 2014, c. 25, s. 23 . Notations 42 Every notation made under this Act shall be effected without altering or defacing any entry on the registration; and shall be dated and initialled by the person making the notation. Return of certificate if alteration or addition to a registration 42.1 A person who has in their possession a certificate or a certified copy with respect to a registration under this Act that was issued before the making of an alteration or addition in accordance with this Act shall, upon request return the certificate or the certified copy to the director for cancellation. S.M. 2001, c. 5, s. 31 ; S.M. 2025, c. 23, s. 6 . Director to examine notices sent in by event registrars 43(1) The director shall examine the original statements received from the event registrars, and if any are incomplete or unsatisfactory shall require such further information to be furnished as is necessary to make the record complete and satisfactory. Information as to births, marriages, and deaths 43(2) All clergymen, physicians, nurse practitioners, informants, funeral directors, lay funeral directors and persons in charge of health facilities connected with any case, and all persons having knowledge of the facts, shall furnish such information as they possess regarding any birth, marriage, or death, upon demand of the director or any event registrar made in person, by mail, or through any other person. S.M. 2001, c. 5, s. 32 ; S.M. 2019, c. 11, s. 31 . Protection from liability 43.1 No action or proceeding may be brought against the director or any person acting under the authority of this Act for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act or the regulations. S.M. 2014, c. 25, s. 24 . PENALTIES Failure to carry out duties 44(1) Every person who fails to give any notice, or to furnish any statement, certificate or particulars required under or pursuant to this Act, within the time limited by this Act, is guilty of an offence and is liable on summary conviction to a fine not exceeding $10,000. Compliance by one person sufficient 44(2) Where more than one person is required to give any notice, or to register, or to furnish any statement, certificate or particulars required under or pursuant to this Act and the duty is carried out by any of such persons, the other or others are not liable. S.M. 2002, c. 26, s. 57 . Failure to obtain permit for transportation of body 45(1) Subject to subsection (2), and any other Act, a common carrier transporting or carrying, or accepting through its agents or employees for transportation or carriage, the body of a deceased person without the burial permit issued under this Act, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $200. Burial permit issued outside province 45(2) If the death occurred outside the province and the body is accompanied by a burial permit issued in accordance with the law in force where the death occurred, the burial permit is sufficient to authorize the transportation or carriage of the body into or through the province. S.M. 2001, c. 5, s. 33 ; S.M. 2011, c. 35, s. 52 . False information 45.1(1) Every person who wilfully makes or causes to be made a false or misleading statement in any application, registration, statement, certificate, return or other document respecting any particulars required to be furnished under this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000. or imprisonment for a term of not more than one year, or both. False information re registration in Manitoba 45.1(2) Every person who wilfully makes or causes to be made a registration of a birth, marriage, death or stillbirth as having occurred in Manitoba in respect of any person whose birth, marriage, death or stillbirth did not occur in Manitoba is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000. or imprisonment for a term of not more than one year, or both. S.M. 2002, c. 26, s. 58 . False documents 45.2(1) No person shall (a) wilfully use or possess a false, fictitious or altered certificate, certified copy or other document purporting to be issued under this Act or a certificate, certified copy or other document that has been cancelled by the director; or (b) for any unlawful or improper purpose, (i) use or possess a certificate, certified copy or other document issued under this Act that relates to another person, or (ii) with respect to a certificate, certified copy or other document issued under this Act that relates to the person, permit another person to use or possess that certificate, certified copy or other document. Penalty 45.2(2) A person who violates a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000. or imprisonment for a term of not more than one year, or both. S.M. 2002, c. 26, s. 58 ; S.M. 2011, c. 35, s. 52 ; S.M. 2025, c. 23, s. 7 . General penalty 46 Every person who fails to comply with or violates any provisions of this Act or the regulations, for which failure or violation no penalty is otherwise provided, is guilty of an offence and is liable on summary conviction to a fine not exceeding $10,000. S.M. 2002, c. 26, s. 59 . Consent to prosecutions 47(1) No prosecution shall be commenced under this Act without the consent of the minister. Conviction, etc. not affected by want of form 47(2) No conviction, warrant, or commitment order, or any other proceeding, matter or thing made, done, or transacted, in or relating to the execution of this Act, shall be vacated, quashed, or set aside, for want of form or for any defect that does not substantially affect the justice of the case. REGULATIONS Regulations 48 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made pursuant to, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders, (a) [repealed] S.M. 2011, c. 35, s. 52 ; (a.1) setting out the manner in which documents are to be served on a person; (b) prescribing the duties of the director; (c) prescribing the duties of, and records to be kept by, the event registrars; (d) prescribing the information and returns to be furnished to the director, and fixing the times when information and returns are to be transmitted; (e) respecting the retention, storage and destruction of statements and other documents by event registrars; (f) designating the persons who may have access to, or may be given copies of, or information including personal information and personal health information from, the records in the office of the director, and prescribing an oath of secrecy to be taken by such persons;