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Regulation number	Title
V-3	Vital Statistics Act

Under section 52 of the Vital Statistics Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the General Regulation - Vital Statistics Act.

2The following definitions apply in this Regulation.

“Act” means the Vital Statistics Act.(Loi)

“medical practitioner” means a person who is lawfully entitled to practise medicine in the Province, and includes a medical officer of His Majesty’s Armed Forces serving in the Province, or the equivalent under the legislation of a jurisdiction other than the Province.(médecin)

“nurse practitioner” means a registered nurse who is lawfully entitled to practise as a nurse practitioner in the Province or the equivalent under the legislation of a jurisdiction other than the Province.(infirmière praticienne)

“psychologist” means a person who is a member of the College of Psychologists of New Brunswick and holds a licence issued under the Psychologists Act to lawfully practise as a psychologist in the Province or the equivalent under the legislation of a jurisdiction other than the Province. (psychologue)

“registered nurse” means a person who is lawfully entitled to practise as a registered nurse in the Province or the equivalent under the legislation of a jurisdiction other than the Province.(infirmière immatriculée)

“social worker” means a person who is registered under the New Brunswick Association of Social Workers Act, 1988 to practise lawfully as a social worker in the Province or the equivalent under the legislation of a jurisdiction other than the Province.(travailleur social)

2018-10; 2023, c.17, s.276

3Repealed: 96-100

93-28; 96-100

4Where the Registrar General has reason to believe that a birth, stillbirth, marriage or death has occurred and has not been registered, the Registrar General shall make inquiries so that he may properly register the birth, stillbirth, marriage or death.

5(1)Where a death has not been registered within one year after its occurrence, it shall not be registered unless authorized by the Registrar General.

5(2)The Registrar General may request such further information or documentation in respect of the death as the Registrar General considers necessary before authorizing a death to be registered more than one year after the date of its occurrence.

96-100

6(1)Subject to subsection (2), the evidence on which the Registrar General may register a birth after one year from the date of its occurrence is:

(a) a statement of the birth by an official of the hospital facility or other institution where the birth occurred;

(b) a statement from the medical practitioner who was in attendance at the time of the birth;

(c) a statement of the nurse who assisted at the time of the birth or a sworn declaration of any other attendant who assisted at the time of the birth;

(d) a baptismal certificate, cradle roll certificate or other such church record made before the person was five years of age which shows the date of birth and the date of entry;

(e) a newspaper clipping showing the date of birth and the date of publication of the newspaper if published before the person was five years of age; or

(f) an insurance policy, if it was taken out before the person reached five years of age, showing the date of birth and the date the policy was issued.

6(2)Where none of the items prescribed in subsection (1) is available, any two of the following are evidence on which the Registrar General may register a birth after one year from the date of its occurrence:

(a) a school record showing the age of the person or the date of birth which was made as close as possible to the first year of entering school;

(b) a record of a census, preferably taken nearest to the date of birth, showing the date of birth or the age of the person at the time the census was taken;

(c) a dated letter or telegram received by a person shortly after the birth showing the date of birth;

(d) a baptismal certificate, cradle roll certificate or other church record made after the person was five years of age and before twenty-one years of age which shows the date of birth and the date of entry and if the person is a married woman, the certificate must be in her maiden name;

(e) a vaccination certificate, an immunization record or a record of another medical procedure, if made when the person was ten years of age or less, showing the date of birth and the date of entry;

(f) a record of immigration to another country showing the date and place of birth and the date of entry if made when the person was ten years of age or less;

(g) a certified copy or certified photocopy of a marriage record which shows the age of the contracting parties;

(h) a National Registration Record; or

(i) information in a baby book or family bible showing the date of birth of the person and the date of entry if made within ten years after the birth.

93-28

7The evidence on which the Registrar General may register a marriage after one year from the date of its occurrence is:

(a) a copy of the church record of the marriage;

(b) a copy of the clerk of the court’s record of the marriage;

(c) a certified copy of the certificate of marriage;

(d) a certified copy of the certificate of banns; or

(e) a newspaper clipping of the announcement of the marriage or a certified extract of the newspaper showing the date of marriage and the date of publication if published within one year after the date of the marriage.

8A funeral director shall submit a notice of burials to the Registrar General each week.

9No funeral director shall bury, cremate or otherwise dispose of or permit the burial, cremation or other disposal of the body of a person who dies outside the Province unless a burial permit has been issued by the proper authority of the place where death occurred.

10Where a burial permit has been issued by the Registrar General, the funeral director shall endorse on the burial permit the date of burial, cremation or other disposal of the body.

11Repealed: 96-100

88-20; 94-131; 96-100

11.1The classes of persons to which section 23 of the Act applies are those classes of persons who were placed for adoption by

(a) agreements of indenture of adoption that were made between the New Brunswick Protestant Orphan’s Home and adoptive parents before April 29, 1952 and that clearly indicate that the child was to be adopted,

(b) agreements of adoption that were made before January 1, 1947 between birth parents, a birth parent or the Children’s Aid Society and adoptive parents or an adoptive parent, that clearly indicate that the child was to be adopted and in which the child to be adopted is clearly identified and the signatures of the parties are properly attested to,

(c) the Catholic Church, the Knights of Columbus Home Findings Association, the Evangeline Home or the Catholic Welfare Bureau before April 29, 1952 by a formal adoption agreement clearly indicating that the child was to be adopted, or where there are in the office of the Registrar General documents indicating that the person was placed for adoption, or

(d) an organization referred to in paragraph (a), (b) or (c) where the documentation referred to does not clearly indicate that the child was to be adopted but where the organization provides further documentation satisfying the Registrar General that the child was to be adopted by the person or persons with whom the child was placed.

88-20

11.2(1)For the purposes of section 7.2 of the Act, names and surnames included in a birth registration form shall

(a) contain only

(i) characters from the Roman alphabet, and

(ii) accents from the French language, if applicable, and

(b) not be longer than

(i) 38 characters in the case of a name, and

(ii) 30 characters in the case of a surname.

11.2(2)For the purposes of 7.2 of the Act, a name included in a birth registration form shall not be obscene.

2013-28

11.3(1)For the purposes of subsections 7(1) and (5) of the Act, the form shall be completed and filed within 14 days after the birth of a child.

11.3(2)For the purposes of subsections 8(1.2) and (1.3) of the Act, a request or selection shall be made within seven days after the birth of a child.

11.3(3)For the purposes of subsection 12(3) of the Act, the notice shall be delivered or mailed within seven days after the birth of the child.

11.3(4)For the purposes of subsection 16(1) of the Act, any information shall be given within seven days after the finding or the taking charge of the child.

11.3(5)For the purposes of subsection 18(1) of the Act, the notice shall be given within seven days after the stillbirth occurred.

11.3(6)For the purposes of section 20 of the Act, a certified copy of the order shall be transmitted within ten days after its making.

11.3(7)For the purposes of subsection 27(2) of the Act, the form shall be delivered or mailed within five days after the date of the marriage.

11.3(8)For the purposes of subsection 29(3) of the Act, the time limit is within 30 days after taking charge of a dead body.

11.3(9)For the purposes of subsection 30(2) of the Act, the notice shall be filed within seven days after the burial.

11.3(10)For the purposes of subsection 31(2) of the Act, the form shall be delivered or mailed within two days after determining the cause of death or after the completion of the investigation.

2013-28

11.31For the purposes of section 34 of the Act, a written statement may be provided by the following health professionals:

(a) a medical practitioner,

(b) a nurse practitioner,

(c) a psychologist,

(d) a registered nurse, and

(e) a social worker.

2018-10

11.32For the purposes of section 34.1 of the Act, a written statement may be provided by the following health professionals:

(a) a medical practitioner, and

(b) a psychologist.

2018-10

11.4For the purposes of Part 2 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.

2013-28

11.41For the purposes of paragraph 39(1)(g) of the Act, a certificate of birth registration issued under section 39 of the Act shall include, as a particular of registration, the sex of the person, either male or female, or the non-binary gender identifier “X”.

2018-14; 2019-22

11.5The following persons are eligible to apply for a certificate of birth registration under subsection 39(2) of the Act:

(a) the person to whom the birth registration applies;

(b) a person who has known the person to whom the birth registration applies for at least one year and has written authorization bearing the signature of that person;

(c) if the person to whom the birth registration applies is a minor or incapable, the person’s parent or guardian;

(d) a member of the Law Society of New Brunswick who is authorized to practise law if the certificate is required for registering an instrument under the Land Titles Act; and

(e) the Minister of Social Development or his or her designate if the certificate is required in the discharge of his or her duties under the Family Services Act or the Child and Youth Well-Being Act.

2013-28; 2016, c.37, s.195; 2019, c.2, s.146; 2023-3; 2023, c.36, s.36

11.6The following persons are eligible to apply for a certificate of marriage registration under subsection 39(3.1) of the Act:

(a) a person who is a party to the marriage;

(b) a person who has known the person who is a party to the marriage for at least one year and has written authorization bearing the signature of that person;

(c) if a party to the marriage is incapable, the legal representative of the party;

(d) if both parties to the marriage are deceased, the child or the parent of either party; and

(e) the Minister of Social Development or his or her designate if the certificate is required in the discharge of his or her duties under the Family Services Act or the Child and Youth Well-Being Act.

2013-28; 2016, c.37, s.195; 2019, c.2, s.146; 2023-3; 2023, c.36, s.36

12New Brunswick Regulation 66-43 under the Health Act is repealed.

13This Regulation comes into force on May 1, 1987.

SCHEDULE A

Column I		Column II
Provision		Category of Offence

11.3(2)..............C
11.3(3)..............C
11.3(4)..............E
11.3(5)..............C
11.3(6)..............C
11.3(7)..............C
11.3(8)..............C
11.3(9)..............C
11.3(10)..............C