UNIFORM VITAL STATISTICS ACT (2017)
Introduction
[1] Vital statistics agencies collect data about vital events in the lives of individuals who are born, die or are married in their jurisdiction. Vital statistics information also forms the basis for identity documents. The data collected provides important information to Statistics Canada, statisticians and other researchers in a wide range of areas. Information such as birth rates, marriages and causes of death assist with development of programs and government policy. As health and social issues become more complex, it is increasingly necessary that the content of vital statistics information collected better reflects modern requirements, the means of collection can be adapted to new technologies, and the purpose for the collection remains relevant and legally sound.
[2] The last Uniform Vital Statistics Act was introduced in 1987 (the 1987 Act). While many of the core functions set out in the 1987 Act remain relevant, the legislation is out of date or fails to address modern day realities and practices. Reform of the 1987 Act is required to ensure that vital statistics agencies can continue to fulfill their mandate to collect and register vital information, and that the law addresses issues related to ensuring the protection of individual rights to privacy and confidentiality. The legislation must be compatible with a variety of other laws including those governing parentage and child status, change of name, and privacy. It must also be responsive to evolving and rapidly changing developments under human rights law and the Charter, in Canada and internationally.
[3] Canadian jurisdictions have started to address one or more of the foregoing issues. Some have modernized the rules related to recognition of changes to sex designation. Others have incorporated provisions dealing with indigenous custom adoptions. A number have modernized their family and child status laws to address issues arising from assisted human reproduction; but others have not. Challenges remain where jurisdictions have not addressed these matters. In addition, although there is a general move towards open adoption, open adoption is not universally accepted in Canada. The inconsistencies on these various issues create challenges for vital statistics agencies. While it is outside of the scope of the Uniform Vital Statistics Act (2017) (the 2017 Act) to address these challenges, efforts have been made to first recognize these new realities, and second to note issues that jurisdictions may need to consider before implementing provisions of this Act.
[4] The 2017 Act implements recommendations for reform in a number of areas.1 Although the 1987 Act has been withdrawn, much of the 1987 Act has been carried forward in substance. The drafting has been modernized and the content reorganized. Reform recommendations have been incorporated into the 2017 Act.2
1 See working group report to the Uniform Law Conference of Canada 2017 annual meeting for background information and a full list of recommendations.
[5] For purposes of the commentary to the Uniform Vital Statistics Act (2017) the following terms will be used:
The “1987 Act” refers to the Uniform Vital Statistics Act (1987) dated April 1987 and in English only.
The “2017 Act” refers to the Uniform Vital Statistics Act (2017) approved by the ULCC in 2017 in both English and French.
[6] Highlights of the 2017 Act follow:
Implementing Recommendations
[7] The 2017 Act incorporates recommendations that address:
a) Identification of a child’s parents on a birth registration (see sections 3,4 and 15)
b) Information on a birth certificate that identifies a person’s sex (see section 11)
c) Change of sex designation and respecting the rights of transgender persons (see sections 11, 18 and 19)
d) Modernization of privacy and information disclosure principles (see Part 2 Division 4, Part 3, Part 4 Division 3, Part 5 Division 3, Part 6 and Part 7)
e) Uniform standards for the recording and disclosure of information relating to adoption (see Part 3)
f) Updating naming convention rules to align with the Truth and Reconciliation Commission Report and permit registration of single names and characters and syllabics for children of indigenous heritage (see section 10)
g) Clarification of who is entitled to certificates and who may request information from registrations (see Part 2 Division 4, Part 4 Division 3, Part 5 Division 3, and Part 6)
h) Recognizing that other health care practitioners may be authorized, under their scope of practice, to issue medical certificates of death (see section 38)
i) Discrete administration issues, including the requirements when making a birth report and changing the particulars of a parent on the birth registration, uniform rules for delayed registrations, and expanding standards for certifying deaths on death registrations (see sections 4, 8, 15, 31 and Part 5)
2 Readers from jurisdictions with vital statistics legislation that follows much or some of the 1987 Act and who wish to compare the 1987 Act to the 2017 Act are referred to the table of concordance in Appendix H to the working group’s report to the Uniform Law Conference of Canada 2017 annual meeting.
Modernization and Clarification of the 1987 Act
[8] The 2017 Act modernizes some provisions of the 1987 Act, clarifies some provisions that were unclear and removes provisions that are no longer relevant. The relevant sections are:3
a) Registration by registrar without a birth report (see section 7)
b) Change of given name (see section 16)
c) Change of name by law (see section 17)
d) Registration of stillbirth (see section 23)
e) Confidentiality of adoption records (replacing “special registers”) to reflect that not all records today are documents that can be stored (see section 26 and 28)
f) Responsibility for making a death report (see section 37 (1))
g) Issuance of a burial permit (see Part 5 Division 2)
h) Adapting the provisions for appeal of decisions by the registrar to distinguish between applications to appeal decisions related to a registration, and decisions related to certificates and searches, in order to respect the confidentiality issues arising from the recognition of change of sex designation (see sections 61 and 62)
i) Consequential amendments to section 67
Reforms and matters not addressed in the 2017 Act
[9] Readers are cautioned that the reforms in the 2017 Act, while important and a first step towards achieving harmonization and improved guidance to assist registrars today, do not address all policy and legal issues that may need to be considered when an enacting jurisdiction begins to consider implementation of the provisions of this Act. The commentary to the 2017 Act seeks to alert jurisdictions to matters which may need to be addressed, including:
a) The law related to change of sex and gender identification:
The law related to change of sex and gender identification is evolving quickly in Canada and internationally. The policy recommendations underlying the 2017 Act were developed in 2015. They will require review before implementation. Jurisdictions will need to consider the outcomes of legal cases before the Canadian Human Rights Commission in 2017 as well as policy recommendations from the Canadian Human Rights Commission expected to be released in late 2017 or early 2018, guidance anticipated to be released by Statistics Canada on what statistical information to request and how to make the request, and the United Nations document Living Free and Equal, and any subsequent guidance. Specific legislative initiatives introduced by Canadian provincial and territorial jurisdictions, and relevant tribunal and court cases should also be considered.
3 Commentary is provided for these provisions to explain the provision and/or if relevant, identify any policy or practice issues that should be considered before implementation.
b) Further consultation or policy discussion is required:
Indigenous custom adoptions should be recognized in vital statistics legislation. Some jurisdictions have taken steps to do this. However, before indigenous custom adoptions could be provided for in a uniform act, significantly more research and consultation would be required in each jurisdiction. Importantly, while adoption statutes in many Canadian jurisdictions lead to a complete transfer of legal rights, indigenous custom adoptions, by their nature and/or the specific adoption arrangement, may not sever ties with the child’s parents or family. Jurisdictions that have sought to address these issues include the Northwest Territories, Nunavut and, most recently, Quebec.
The 2017 Act implements recommendations approved by the ULCC at the 2017 annual meeting. The commentary identifies policy and practice issues not addressed in the recommendations that may require further research and discussion on the part of a jurisdiction.
c) Broader issues which were out of scope that jurisdictions may wish to consider:
It has been noted that the 2017 Act would be enhanced by considering the rights of the child as found in Articles 7 and 8 of the UN Convention of the Rights of the Child, which deal with the child’s right to a name and to know his or her parents, and to preserve his or her identity, including name and family relations 4 . Such considerations fall outside of the scope of vital statistics legislation.
4 The text of the convention may be accessed on line here: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx These Articles provide:
Article 7 1.
The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
Article 8 1.
States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. 2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.
Structure and Organization
[10] The 2017 Act organizes the content into Parts and Divisions. It begins with a definition section in Part 1. Part 2 addresses all matters related to registering births, adding to or changing registrations and the release of information. Part 3 governs the recording of adoptions and the confidentiality of adoption records. Part 4 governs the registration of marriages and all related matters, including the release of information and issuing certificates. Part 5 sets out the rules for registering deaths, issuing burial permits and issuing death certificates. Part 6 consolidates provisions that govern the release of information and issuance of certificates generally. Part 7 sets out the rules governing the registrar’s duty to maintain the privacy and confidentiality of information. Part 8 deals with appeals of registrar decisions and other miscellaneous matters.
PART 1 – DEFINITIONS
Section 1.01 Commentary: The 2017 Act replaces the 1987 Act. However, many definitions were retained or modernized. New, amended and deleted definitions are listed below. Definitions from the 1987 Act that were retained are not listed.
