2(1)Service New Brunswick shall appoint a Registrar General of Vital Statistics.

2(1.1)Service New Brunswick may appoint one or more Deputy Registrars General of Vital Statistics and may authorize a Deputy Registrar General to carry out any duties or exercise any powers that may be carried out or exercised by the Registrar General.

2(2)Where the Registrar General dies or retires or for any other reason is unable to act, Service New Brunswick may appoint a person as acting Registrar General to act as Registrar General until such time as a Registrar General is appointed or the Registrar General is able to act, and for such period of time the acting Registrar General has all the rights, duties, responsibilities, privileges and obligations of the Registrar General.

2(3)The Registrar General may designate persons within Service New Brunswick to act on his or her behalf.

2(4)The Registrar General shall perform such other duties as may be prescribed by the Minister.

3(1)The Registrar General shall maintain a system of registration of births, stillbirths, marriages and deaths.

3(2)The Registrar General may arrange and index the original registration forms of births, stillbirths, marriages and deaths, including all the particulars communicated to the Registrar General with respect to those registrations.

3(3)The Registrar General may keep the forms referred to in subsection (2) as records in his or her office in accordance with section 3.1.

3.1(1)A registration form referred to in subsection 3(2) or any portion of it may be

3.1(2)If a registration form or any portion of it is kept otherwise than in paper form, the Registrar General shall furnish copies or extracts required under this Act in an accurate and intelligible paper form.

3.1(3)A registration form or any portion of it that is kept in one form may be converted to any other form.

3.1(4)The Registrar General may destroy or otherwise dispose of a registration form or any portion of it kept in a form referred to in paragraph (1)(a) or (b) at any time after the form or portion of the form has been converted to a form referred to in paragraph (1)(c).

3.1(5)A registration form or any portion of a registration form kept in a form referred to in paragraph (1)(c) shall be deemed to be the original registration form or portion of the original registration form, even if the registration form or portion is kept simultaneously in a form referred to in paragraph (1)(a) or (b).

5(1)The system of registration of births, stillbirths, marriages and deaths under this Act is the official system and no other system of registration of births, stillbirths, marriages or deaths shall be maintained or continued in the Province as an official system other than as authorized by this Act.

5(2)No births, stillbirths, marriages or deaths occurring outside the Province shall be registered, except as provided in section 19.

7(1)After the birth of a child in a hospital facility or other institution, the administrator or other similar official of the facility or institution shall complete and file, within the time prescribed by regulation, a birth registration form provided by the Registrar General for the purpose of registering the birth of the child with the Registrar General.

7(2)A birth registration form is not completed under subsection (1) unless both the father and the mother have signed the birth registration form.

7(3)Notwithstanding subsection (2), where the administrator or other like official referred to in subsection (1) is unable to secure the signatures of both the father and the mother, the administrator or official may forward the birth registration form to the Registrar General with the signature of either the father or the mother.

7(4)Notwithstanding subsections (2) and (3), where the administrator or other like official referred to in subsection (1) is unable to secure the signature of either the father or the mother under subsection (3), the administrator or official may forward the birth registration form to the Registrar General with such signature as the Registrar General considers appropriate.

7(5)In any other case, after the birth of a child, a birth registration form provided by the Registrar General shall be completed and filed within the time prescribed by regulation for the purpose of registering the birth of the child with the Registrar General

7(6)Where more than one child is delivered during a single confinement, a separate birth registration form for each child shall be completed and filed with the Registrar General as provided in subsection (1) or (5) as the case may be, and in each form the number of children born during the confinement and the order of birth shall be given.

7.1(1)The birth of a child shall not be registered showing as the surname of the child a name composed of more than two family names.

7.1(2)Where the birth of a child is to be registered showing as the surname of the child a name composed of two family names, the surname shall be registered with the family names arranged in the order jointly requested in writing on the birth registration form by the parents of the child.

7.1(3)If a child’s birth is to be registered showing as his or her surname a name composed of the surnames of his or her parents in combination under subsection 8(1.1) or (3.1) or 9(1.1), (2) or (4), and if one or more of the parents has a surname composed of two or more family names, the child’s surname shall consist of up to two of his or her parents’ family names in any combination.

7.1(5)Notwithstanding any other provision of this Act, the birth of a child may be registered showing the surname of the child in its masculine or feminine form.

7.1(6)Notwithstanding any other provision of this Act but subject to the approval of the Registrar General, the birth of a child may be registered showing a name that is determined in accordance with the child’s cultural, ethnic or religious heritage.

7.3(1)Any person affected by the Registrar General’s decision to refuse to register a birth under section 7.2 may appeal the decision to The Court of Queen’s Bench of New Brunswick on a question of law.

7.3(2)An appeal shall be commenced by Notice of Application within 15 days after the appellant has received notice of the decision, but this period of time may be extended by a judge of The Court of Queen’s Bench of New Brunswick for the judicial district in which the appeal is to be heard, either before or after the expiration of the period, if the extension would not cause substantial prejudice to any of the persons referred to in subsection (4).

7.3(3)The commencement of an appeal does not operate as a stay of the decision appealed from.

7.3(4)The appellant shall serve the Notice of Application on the Registrar General and on all other persons with a substantial interest in the appeal in accordance with the rules respecting service of documents set out in the Rules of Court.

7.3(5)On being served with a Notice of Application, the Registrar General shall deliver to the clerk of The Court Queen’s Bench of New Brunswick a copy of the decision which is the subject of the appeal and certified copies of all documents in the possession of the Registrar General that relate to the decision.

7.3(6)On the hearing of an appeal, no evidence shall be admitted other than the documents referred to in subsection (5).

7.3(7)After hearing an appeal, the judge shall, by order,

7.3(8)To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply to an appeal commenced under this section.

8(1)Subject to subsections (3) and (5), where a child is born to a married woman, the particulars of the husband shall be given as those of the father of the child.

8(1.1)Except as otherwise provided in this section,

8(1.2)If the parents of a child fail to jointly request the order in which family names are to be arranged in accordance with subsection 7.1(2) within the time prescribed by regulation, the Registrar General may register the birth of the child with the family names arranged in alphabetical order.

8(1.3)If a parent with a surname composed of two or more family names fails to select a family name as required under subsection 7.1(3) within the time prescribed by regulation, the Registrar General may register the birth of the child using the family name that appears first in the parent’s surname as a component of the child’s surname.

8(3)Subject to subsection (3.1), where a married woman to whom a child is born files with the Registrar General a statutory declaration in a form provided by the Registrar General that at the time of conception she was living separate and apart from her husband and that her husband is not the father of the child, no particulars as to the husband shall be registered, and the birth shall be registered showing the surname of the married woman or her maiden surname, as she requests in writing on a form provided by the Registrar General, as the surname of the child.

8(3.1)Where a married woman files the statutory declaration referred to in subsection (3) and the woman and the father of the child jointly so request in a statutory declaration on a form provided by the Registrar General, the particulars of the father shall be registered, and the birth shall be registered showing, in accordance with the request,

8(4)Where a married woman has made a statutory declaration under subsection (3) before the registration of birth of the child but the joint request under subsection (3.1) is made after the registration of birth, the Registrar General may amend the registration in accordance with the request by making the necessary notation thereon.

9(1)Except as provided in this section, the birth of a child to an unmarried mother shall be registered showing the surname or maiden surname of the mother, as requested by the mother as the surname of the child.

9(1.1)Where an unmarried mother and the father of the child both sign the birth registration form, the particulars of the father shall be registered and, where the mother and the father jointly so request on the birth registration form, the birth shall be registered showing, in accordance with the request,

9(2)In any case where

9(4)Where a declaratory order or judgment is made by a judge of any court of competent jurisdiction with respect to the paternity of a child, the birth of the child may be registered in

9(5)Where a child is born to an unmarried mother and the registration of birth of the child states the name and particulars of the father, the name and particulars of the father shall be considered as if they did not exist unless the father and the mother have signed the birth registration form or unless a request has been made under subsection (1.1) or (2).

10.1(1)For the purposes of sections 7, 7.1, 7.2 and 8 and subsections 9(1), 9(1.1) and 9(2), where the Registrar General is satisfied that the surnames of the parents are not accurately shown on a form submitted in connection with the registration of the birth of a child, the Registrar General shall determine the accurate surnames of the parents and may use these surnames in recording the surname to be shown as the surname of the child.

10.1(2)In making the determination referred to in subsection (1), the Registrar General may consider any evidence that he considers relevant to the determination.

12(1)Every medical practitioner who attends at the birth of a child within the Province shall give notice of the birth.

12(2)Where no medical practitioner is in attendance at the birth, a person in attendance or the administrator or like official of the hospital facility or other institution shall give the notice of birth.

12(3)The notice of birth shall be on a form provided by the Registrar General and shall be given by delivering or mailing the notice to the Registrar General within the time prescribed by regulation.

12(4)The Registrar General shall preserve the notice so given until such time as the registration of the birth has been completed.

14(1)If the birth of a child has not been registered within one year from the day of the birth, application for the delayed registration of the birth may be made to the Registrar General by the person whose birth has not been registered or by any other person.

14(2)The application shall be on a form provided by the Registrar General which form shall

14(3)The Registrar General shall register the birth if he is satisfied as to the truth and sufficiency of the application.

16(1)If a newborn child is found deserted, the person who finds the child, or any person in whose charge the child may be, shall, within the time prescribed by regulation, give any information he or she possesses concerning the birth and particulars of the child to the Registrar General.

16(2)The Registrar General, upon receipt of such information regarding the birth of the child, and upon being satisfied that every reasonable effort has been made to identify the child without success, shall

16(3)The Registrar General, upon receipt of the evidence referred to in subsection (2), shall review the case, and upon being satisfied as to the truth and sufficiency of the facts stated, shall register the birth, and for the purposes of registration shall establish for the child a date of birth, a place of birth and a surname and given name.

16(4)The Registrar General, upon registering a birth under this section, shall transmit forthwith to the Minister a copy of all documents referred to in subsections (1) and (2).

16(5)If, subsequent to the registration of a birth under this section, the identity of the child is established to the satisfaction of the Registrar General or further information with respect thereto is received by him, he shall

16(6)Where a new registration of the birth of a child is made under subsection (5), the date of registration shall be as shown on the registration first made.

16(7)The Registrar General shall notify the Minister forthwith of any action taken under subsection (5).

16(8)Where a person has received a certificate issued in respect of the registration of the birth of a child under subsection (3), if the registration is cancelled under subsection (5) he shall deliver the certificate to the Registrar General for cancellation, if the Registrar General so requests.

18(1)When a stillbirth occurs, the person who would have been responsible for filing and completing the registration form as provided in section 7, if it had been a birth, shall, within the time prescribed by regulation, give notice to the Registrar General on a registration of stillbirth form provided by the Registrar General.

18(2)Sections 7.1, 7.2, 7.3, 8, 9, 10, 11, 12, 13, 14, 29 and 31 apply with the necessary modifications to a stillbirth.

19(1)If a birth or death occurs on a vessel underway and the vessel’s first port of call after the birth or death is in the Province, the Registrar General may register the birth or death if he or she is satisfied as to the truth and sufficiency of the particulars received in respect of the birth or death.

19(2)If a birth or death occurs on an aircraft in flight and the aircraft’s first place of landing after the birth or death is in the Province, the Registrar General may register the birth or death if he or she is satisfied as to the truth and sufficiency of the particulars received in respect of the birth or death.

19(3)If the crew of a vessel recovers a body in the water and the vessel’s first port of call after the recovery is in the Province, the Registrar General may register the death if he or she is satisfied as to the truth and sufficiency of the particulars received in respect of the death.

22(1)Where, at the time of receiving the certified copy of the adoption order, or any time thereafter, there is in the office of the Registrar General a registration of the birth of the person adopted, the Registrar General, upon production of evidence satisfactory to him of the identity of the person, shall cause the substitution of a new registration of birth in accordance with the facts contained in the order of adoption and subject to the terms of such order, showing the adopted person

22(2)Where a certified copy of an adoption order of the child is received and the child was born in a country from which a certificate of birth is not available, the Registrar General shall retain the certified copy of the adoption order and, upon request, may issue a statement respecting the particulars of the child contained in the order, but neither the certificate or statement shall constitute the original registration of birth.

22(3)Where a person is adopted pursuant to an order, judgment or decree of adoption made by a court of competent jurisdiction in another jurisdiction, the Registrar General,

24(1)The Registrar General shall maintain a special register in which shall be kept

24(2)The Registrar General may have a search made of the registrations in his office at the request of an issuer of marriage licences, or of a person authorized to perform marriages under the Marriage Act, to determine whether the parties are within the forbidden degrees of consanguinity, where one of the parties is adopted.

24(3)Except as authorized by this section, the special register and any entry or information or documents contained therein shall not be made public or disclosed to any person except upon the order of a judge of The Court of Queen’s Bench of New Brunswick or the Attorney General.

27(1)Every person authorized to solemnize marriage in the Province shall, immediately after the person solemnizes a marriage, prepare a registration of marriage form provided by the Registrar General respecting the marriage, and the form shall be signed by

27(2)The person by whom the marriage was solemnized shall, within the time prescribed by regulation, deliver or mail the completed registration of marriage form to the Registrar General.

27(2.1)No person by whom a marriage was solemnized shall deliver or mail a completed registration of marriage form under subsection (2) that he or she knows or ought to know contains false or misleading information.

27(3)Upon receipt within one year from the date of a marriage of a completed registration of marriage form respecting the marriage, the Registrar General, if he is satisfied as to the truth and sufficiency thereof, shall register the marriage.

29(1)Where a person dies in the Province, the particulars necessary to complete the death registration form provided by the Registrar General shall, upon request, be provided to the funeral director

29(2)The medical practitioner who was last in attendance during the last illness of the deceased person or the coroner who conducts an investigation or inquest into the death of a person shall, forthwith after the death, investigation or inquest, as the case may be, complete and sign the medical certificate of cause of death portion of the death registration form and shall deliver the form to the funeral director.

29(3)After taking charge of a dead body, every funeral director shall, within the time prescribed by regulation,

29(4)When circumstances are such that the Registrar General cannot obtain a completed medical certificate of cause of death portion of a death registration form pursuant to subsection (2), the Registrar General shall notify a district medical health officer, coroner or a medical practitioner designated by the district medical health officer who shall inquire into the facts and complete the portion.

30(1)No person shall cremate, bury, remove or otherwise dispose of the body, except as authorized by subsection (2), of a person who dies in the Province until a burial permit has been issued by the Registrar General after cause of death has been determined to his satisfaction.

30(1.1)The Registrar General may designate an appropriate employee of a regional health authority or a coroner to act on his or her behalf for the purpose of issuing a burial permit under subsection (1).

30(2)Unless a coroner or a district medical health officer has been notified of the death, when a person dies in the Province, burial may take place within the Province without a permit, but the funeral director shall, within the time prescribed by regulation, file a notice of burial with the Registrar General on a form provided by the Registrar General.

31(1)If there is reason to believe that a person has died under any of the circumstances set out in section 4 of the Coroners Act, no acknowledgement of registration of death and no burial permit shall be issued unless

31(2)If a person has died under any of the circumstances mentioned in section 4 of the Coroners Act and it is impractical for the coroner to complete the medical certificate of cause of death portion of the death registration form, the coroner may issue a warrant to bury when the coroner has examined the body in accordance with the Coroners Act, and the Registrar General shall issue a burial permit on the delivery to the Registrar General of the warrant to bury, and the coroner shall complete the medical certificate of cause of death portion of the death registration form and deliver or mail the form to the Registrar General within the time prescribed by regulation.

33(1)Where the name of a person is changed by or under an Act of the Legislature or by the laws of another jurisdiction, the Registrar General, on production to him of proof of the change and evidence satisfactory to him as to the identity of the person,

33(2)Every birth or marriage certificate issued after the making of a notation under this section shall be issued as if the registration had been made in the name as changed.

34(1)Where a person has undergone trans-sexual surgery, that person may make an application to the Registrar General to cause a notation to be made on the birth registration of that person so that the registration of sex is consistent with the perceived results of the surgery.

34(2)A person applying for a change under subsection (1) may also apply to have his or her given name or given names changed.

34(3)The Registrar General shall cause to be made a notation of the changes referred to in subsections (1) and (2), where the application is made in the form prescribed by the Registrar General and is accompanied by

34(3.1)Where it is not possible to obtain the medical certificate referred to in paragraph (3)(a), the applicant shall submit such medical evidence of the trans-sexual surgery as the Registrar General considers necessary.

34(4)Every birth certificate issued after the making of a notation under this section shall be issued as if the registration had been made with the sex designation and names as changed.

35(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 Registrar General as may be adduced by any person interested, the Registrar General, if he is 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 him for cancellation.

35(2)Where a notation has been made under subsection (1), no certificate shall be issued thereafter in respect of the registration.

35(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 Registrar General as may be adduced by any person interested, the Registrar General, if he is satisfied that a certificate was obtained or is being used for fraudulent or improper purposes, may make an order requiring the delivery to him of that certificate.

37(1)Whenever it appears to the satisfaction of the Registrar General that an error has occurred in the registration of a stillbirth, birth, marriage or death, he shall make the necessary correction in the registration of such stillbirth, birth, marriage or death, date and initial it without obliteration of the original entry and the Registrar General may require any person whose duty it is to furnish information for the proper registration of a birth, marriage or death to furnish such further information as may be considered necessary to make the record complete and satisfactory.

37(2)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 the correct particulars at the time of registration.

37.1(1)A person whose surname is composed of two family names joined by a hyphen may make an application to the Registrar General to remove the hyphen.

37.1(2)The Registrar General shall cause a notation of the change referred to in subsection (1) and every birth or marriage certificate issued after the making of a notation under this section shall be issued as if the registration had been made in the name as changed.

38(1)Any person, upon application, who furnishes information satisfactory to the Registrar General, and who pays the prescribed fee, may, if the Registrar General is satisfied that the information is not to be used for an unlawful or improper purpose, have a search made for the registration in the office of the Registrar General of any birth, stillbirth, marriage or death.

38(2)The Registrar General shall make a report on the search stating whether or not the birth, stillbirth, marriage or death is registered and, if registered, the report may contain such other information as the Registrar General considers appropriate.

38.1(1)In this section, an original birth registration form may include all or part of the form.

38.1(2)Despite section 7 of the Right to Information and Protection of Privacy Act and subject to this Act, the Registrar General is not required to grant access to an original birth registration form registered under this Act to any person, including the person to whom the registration applies.

38.1(3)The Registrar General may grant access to an original birth registration form referred to in subsection (2) to the person to whom the registration applies if

39(1)A certificate issued by the Registrar General under this section in respect of the registration of birth of a person shall contain at least the following particulars of the registration:

39(2)The Registrar General shall issue to an applicant a certificate of birth registration that contains the particulars listed in subsection (1) if

39(2.1)The Registrar General may issue a certificate of birth registration that contains the particulars listed in subsection (1) to an applicant who is not a person or of a class of persons prescribed by regulation as eligible to apply for the certificate if

39(2.2)A certificate of birth registration issued under subsection (2) or (2.1) may contain the names of the parents of the person named in the certificate in addition to the particulars listed in subsection (1).

39(3)A certificate issued by the Registrar General under this section in respect of the registration of a marriage shall contain at least the following particulars of the registration:

39(3.1)The Registrar General shall issue to an applicant a certificate of marriage registration that contains the particulars listed in subsection (3) if

39(3.2)The Registrar General may issue a certificate of marriage registration that contains the particulars listed in subsection (3) to an applicant who is not a person or of a class of persons prescribed by regulation as eligible to apply for the certificate if

39(4)A photographic print of the registration of a marriage may be issued only

39(5)Any person, upon application, who furnishes information satisfactory to the Registrar General and who pays the prescribed fee, may, if the Registrar General is satisfied that it is not to be used for an unlawful or improper purpose and subject to subsection (6), obtain a certificate in respect of the registration of death.

39(6)No certificate issued in respect of a registration of death shall be issued in such a manner as to disclose the cause of death as certified on the medical certificate of cause of death portion of the death registration form except

39(7)No certificate or photographic print of the registration of an adoption or change of name shall be issued under this Act.

41(1)Every certificate or photographic print issued under section 39 or a statement issued under section 39.1 shall be issued by the Registrar General and no person other than a person authorized under this Act to do so shall issue any document that purports to be issued under this Act.

41(2)Where the signature of the Registrar General, Deputy Registrar General or any person designated pursuant to subsection 2(3) is required for any purpose of this Act, the signature may be written, engraved, lithographed or reproduced by another mode of reproducing words in visible form.

41(3)Every document issued under this Act under the signature of the Registrar General, a Deputy Registrar General or a person appointed under subsection 2(2) is and remains valid, even though the Registrar General, the Deputy Registrar General or the designated person has ceased to hold office before the issuance of the certificate.

42(1)Every certificate or photographic print purporting to be issued under section 39 is admissible in any court in the Province as prima facie proof of the facts certified to be recorded, and every certificate or photographic print purporting to be issued under section 39 is so admissible 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 photographic print purports to be signed.

42(2)Where a provision of this Act refers to a copy of any document or paper, or requires the making or retaining of such a copy, 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 photographic film shall be deemed to be, and to have the same effect and to serve the same purpose as a copy of the document or paper.

42(3)If the Registrar General keeps registrations of births, stillbirths, marriages and deaths in an electronic information storage system, any reference in this Act to the Registrar General making an entry on a copy or photographic print of a document or paper shall be deemed to include the making of an entry in the electronic information storage system having the same or similar effect as the entry required under this Act.

42(4)If the Registrar General keeps registrations of births, stillbirths, marriages and deaths in an electronic information storage system, a requirement imposed by or under this Act, any other Act or any regulation under this or any other Act that the Registrar General make a notation on a registration or a correction in a registration shall be deemed to be met if the Registrar General makes an entry in the electronic information storage system having the same or similar effect as the required notation or correction with the result that the system causes a notice containing the information entered to appear whenever the document is accessed on the system.

43(1)No employee of Service New Brunswick shall communicate or allow to be communicated to any person not entitled thereto any information obtained under this Act, or permit a search of any registers or files, records or other documents containing information obtained under this Act.

43(2)Nothing in subsection (1) prohibits the compilation, furnishing or publication of statistical data that does not disclose specific information with respect to any particular person.

43(3)Subject to the provisions of this Act or any other Act, the Registrar General shall determine the entitlement of any person to information under this Act.

46(1)All clerics, medical practitioners, funeral directors or informants connected with any case and all persons having knowledge of the facts, shall upon demand of the Registrar General, in person, by mail or through any other person, furnish such information as they possess regarding any birth, stillbirth, marriage or death.

46(2)The Registrar General is entitled to extracts from, or copies of, any of the registers or records of baptisms, marriages or burials kept in the Province at any time without charge.

48(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 by the Registrar General under this Act, commits an offence.

48(2)If a 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 shall be deemed sufficient to authorize the transportation or carriage of the body into or through the Province.

50(1)Subject to subsection (1.1), a person who violates or fails to comply with a provision of the regulations commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

50(1.1)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 52(j.4) commits an offence of the category prescribed by regulation.

50(2)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

50(3)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.