Vital Statistics Act Regulations

c t VITAL STATISTICS ACT REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to March 28, 2020. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Vital Statistics Act Regulations c VITAL STATISTICS ACT Chapter V-4.1 REGULATIONS Pursuant to section 40 of the Vital Statistics Act R.S.P.E.I. 1996, Cap. V-4.1, Council made the following regulations: 1. Meaning of “Act” In these regulations, “Act” means the Vital Statistics Act R.S.P.E.I. 1988, Cap. V-4.1. (EC225/20) 2. Evidence of birth For the purpose of clause 7(c) of the Act, an application to register a birth more than one year after the birth shall be accompanied by evidence in the form of a record or document in respect of the person that meets the following requirements: (a) it contains at least one of the following in respect of the person: (i) date of birth, (ii) place of birth, (iii) parent name or names; (b) it was made within ten years of the person’s birth; (c) it is, in the opinion of the Director, reliable evidence of the person’s birth, such as (i) a baptismal record or similar church record, (ii) a Statistics Canada census document, (iii) an immunization record or similar public health record, or (iv) a record of school registration. (EC225/20) 3. Evidence of given name For the purpose of clause 9(1)(d) of the Act, an application to change the given name on or add a given name to a person’s registration of birth may be accompanied by evidence in the form of a record or document in respect of the person that meets the following requirements: (a) it contains the changed or new given name of the person; (b) it was made within ten years of the person’s birth; and (c) it is, in the opinion of the Director, of a reliable nature, such as (i) a Statistics Canada census document, c t Current to: March 28, 2020 Page 3 Vital Statistics Act Regulations (ii) an immunization record or similar public health record, or (iii) a record of school registration. (EC225/20) 4. Evidence of marriage For the purpose of clause 17(1)(d) of the Act, an application to register a marriage more than one year after the marriage was solemnized shall be accompanied by (a) a church or court record that (i) was completed by the person who solemnized the marriage or a person having knowledge of the facts of the marriage, and (ii) shows the names of the spouses and the date and place of the marriage; or (b) another record that, in the opinion of the Director, is reliable evidence of the marriage of the spouses. (EC225/20) 5. Evidence of death For the purpose of clause 23(b) of the Act, an application to register a death more than one year after the death shall be accompanied by (a) a record of a court, church, cemetery or funeral director that (i) identifies the deceased person, and (ii) shows the date and place of death of the person; or (b) another record that, in the opinion of the Director, is reliable evidence of the death of the person. (EC225/20) 6. Meaning of “personal information” (1) In this section, “personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01. Disclosure of personal information (2) Subject to sections 14 and 15 of the Act, the Director may disclose personal information obtained in the administration of the Act to (a) a public body, as defined in the Freedom of Information and Protection of Privacy Act; (b) the Public Archives and Records Office of Prince Edward Island; (c) the Government of Canada; (d) the government of a province or territory; (e) a member of a police service, as defined in the Police Act R.S.P.E.I. 1988, Cap. P- 11.1, for the purposes of law enforcement; (f) subject to subsection (2), a person who requires the personal information for a research purpose. Disclosure for a research purpose (3) Subject to subsection 32(13) of the Act, the Director may disclose personal information for a research purpose, including statistical research, only if (a) the research purpose cannot reasonably be accomplished unless that information is provided in individually identifiable form or the research purpose has been approved by the Director; Page 4 Current to: March 28, 2020 t c Vital Statistics Act Regulations (b) any record linkage is not harmful to the individuals the information is about and the benefits to be derived from the record linkage are clearly in the public interest; (c) the Director has approved conditions relating to the following: (i) security and confidentiality, (ii) the removal or destruction of individual identifiers at the earliest reasonable time, and (iii) the prohibition of any subsequent use or disclosure of the information in individually identifiable form without the express authorization of the Director; and (d) the person to whom the information is disclosed has signed an agreement to comply with the approved conditions, the Act and any of the Director’s policies and procedures relating to the confidentiality of personal information. (EC225/20) 7. Fees The fees prescribed for specified services and activities under the Act are set out in the Schedule, which forms part of these regulations. (EC225/20) 8. Revocation The Vital Statistics Act Regulations (EC453/00) are revoked. (EC225/20) c t Current to: March 28, 2020 Page 5 Vital Statistics Act Regulations SCHEDULE SCHEDULE FEES Type of service or activity Act provision Fee 1. Registration activities (a) amending statement of birth 3(3) $25 (b) delayed registration of birth, marriage or death 7, 17, 23 $25 (c) changing or adding given name in a birth 9(1) $25 registration (d) recording change of name made in another 10 $25 jurisdiction 2. Search of vital records (per three-year period) 31 $20 3. Issuance of certificates and copies of vital records (a) birth certificate (short form) 32(1) $25 (b) birth certificate (long form) 32(1) $35 (c) copy of registration of birth 32(3) $35 (d) marriage certificate or copy of registration of 32(4) $35 marriage (e) death certificate, without cause of death 32(5) $35 32(5) (f) death certificate, with cause of death $50 (g) copy of registration of death or stillbirth 32(7) $35 (h) provision of information or copy of record for 32(13) $20 which a fee has not already been prescribed 4. Expedited services and shipping (a) rush issuance of certificates (within 2 $50 business days) (In addition to fee for certificate) (b) same day issuance of certificates $100 (In addition to fee for certificate) (c) shipping a record or copy Actual cost (EC225/20) c t Current to: March 28, 2020 Page 7