O. Reg. 572/05: REFUND OF FEES FOR SERVICES PROVIDED BY THE REGISTRAR GENERAL

Vital Statistics Act
Loi sur les statistiques de l’état civil

ONTARIO REGULATION 572/05

Amended to O. Reg. 4/07

REFUND OF FEES FOR SERVICES PROVIDED BY THE REGISTRAR GENERAL

Historical version for the period January 15, 2007 to July 5, 2007.

This Regulation is made in English only.

Definitions

1. In this Regulation,

“address” with respect to a person, means the physical location of a building where it is possible for the person to accept service of a document, but does not include a post office;

“business day” means any day other than Saturday, Sunday or a holiday. O. Reg. 572/05, s. 1.

Fee refund

2. (1) Subject to subsection (2), the fees payable for any of the following documents with respect to the birth of a person who is living at the time that the applicant applies for the document are refundable if the conditions set out in section 3 are met:

1. A birth certificate for the person or a replacement of the certificate.

2. A certified copy of a registration of birth for the person or a replacement for the certified copy.

3. Revoked: O. Reg. 4/07, s. 1 (1).

O. Reg. 572/05, s. 2 (1); O. Reg. 4/07, s. 1 (1).

(1.1) Subject to subsection (2.1), the fees payable for any of the following documents with respect to a marriage or death registered in Ontario with respect to a person are refundable if the conditions set out in section 3 are met:

1. A marriage certificate for the person or a replacement of the certificate.

2. A certified copy of a registration of marriage for the person or a replacement for the certified copy.

3. A death certificate for the person or a replacement of the certificate.

4. A certified copy of a registration of death for the person or a replacement for the certified copy. O. Reg. 4/07, s. 1 (2).

(2) No fees are refundable under subsection (1) if, for the reasons specified in subsection (3), the Registrar General did not, within 15 business days of receiving an application for a document described in that subsection, prepare the document and make an attempt to deliver it to a person at the applicant’s address set out in the application. O. Reg. 572/05, s. 2 (2).

(2.1) No fees are refundable under subsection (1.1) if, for the reasons specified in subsection (3), the Registrar General did not, within 15 business days of receiving an application for a document described in that subsection, prepare the document and send it to the applicant at the applicant’s address set out in the application. O. Reg. 4/07, s. 1 (2).

(3) For the purpose of subsections (2) and (2.1), the following are the reasons specified if they impair the ability of the Registrar General to comply with the applicable one of those subsections:

1. Lack of hydro-electric power in the ministry of the Registrar General.

2. Major failure in a technological system in the ministry.

3. Labour disruption in the ministry of the Registrar General or in any service that the Registrar General uses to deliver or send a document to comply with the applicable one of subsections (2) and (2.1).

4. Natural disaster.

5. Any other factor beyond the reasonable control of the Registrar General. O. Reg. 572/05, s. 2 (3); O. Reg. 4/07, s. 1 (3, 4).

Conditions for refund

3. (1) The following are the conditions for obtaining the refund described in section 2 with respect to any of the documents described in subsection 2 (1):

1. The applicant applied for the document by submitting an application on the website on the Internet that the Registrar General maintains for the purpose of receiving the application.

2. At the time that the Registrar General received the application for the document, the birth was registered with the Registrar General under section 9 or, if applicable, section 13 of the Act and the registration was available in electronic format.

3. The Registrar General is satisfied that the applicant was entitled under the Act to apply for the document.

4. The application for the document was complete and accurate at the time that the Registrar General received the application.

5. In the application, the applicant applied for the Registrar General to deliver the document to an address in Canada.

6. If the Registrar General under section 45.1 of the Act required a guarantor for the application and made a reasonable attempt to contact the guarantor within 10 business days of receiving the application, the guarantor verified, within that 10-day period, that he or she met the criteria for being a guarantor, as set out in section 63.1 of Regulation 1094 of the Revised Regulations of Ontario, 1990 (General) made under the Act.

7. The Registrar General did not, within 15 business days of receiving the application, prepare the document that the applicant applied for and make an attempt to deliver it to a person at the applicant’s address set out in the application.

8. The applicant who applied for the document has applied for a refund of the fee paid for the document by submitting an application on the website on the Internet described in paragraph 1 by no earlier than 16 business days after the Registrar General received the application for the document and no later than 30 business days after the Registrar General delivered the document to a person at the applicant’s address set out in the application.

9. The application for the refund was complete and accurate at the time that the Registrar General received the application. O. Reg. 572/05, s. 3; O. Reg. 4/07, s. 2 (1, 2).

(2) The following are the conditions for obtaining the refund described in section 2 with respect to any of the documents described in subsection 2 (1.1):

1. The applicant applied for the document by submitting an application on the website on the Internet that the Registrar General maintains for the purpose of receiving the application.

2. If the document is described in paragraph 1 or 2 of subsection 2 (1.1), then at the time that the Registrar General received the application for the document, the marriage had been registered with the Registrar General on or after January 1, 1991 under section 19 or, if applicable, section 20 of the Act and the registration is available in electronic format.

3. If the document is described in paragraph 3 or 4 of subsection 2 (1.1), then at the time that the Registrar General received the application for the document, the death had been registered with the Registrar General on or after January 1, 1991 under section 21 or, if applicable, section 22 or 23 of the Act and the registration is available in electronic format.

4. The Registrar General is satisfied that the applicant was entitled under the Act to apply for the document.

5. The application for the document was complete and accurate at the time that the Registrar General received the application.

6. The Registrar General did not, within 15 business days of receiving the application, prepare the document that the applicant applied for and send it to the applicant at the applicant’s address set out in the application.

7. The applicant who applied for the document has applied for a refund of the fee paid for the document by submitting an application on the website on the Internet described in paragraph 1 by no earlier than 16 business days after the Registrar General received the application for the document and no later than 30 business days after the Registrar General sent the document to a person at the applicant’s address set out in the application.

8. The application for the refund was complete and accurate at the time that the Registrar General received the application. O. Reg. 4/07, s. 2 (3).

Response of Registrar General

4. (1) On receiving an application under section 3 for a refund of fees, the Registrar General shall, within a reasonable period of time, determine whether the applicant is entitled to the refund and,

(a) make the refund to the applicant, if the Registrar General determines that the applicant is entitled to it; or

(b) notify the applicant that the applicant is not entitled to the refund, if the Registrar General so determines. O. Reg. 572/05, s. 4 (1).

(2) The determination that the Registrar General makes under subsection (1) is final and binding. O. Reg. 572/05, s. 4 (2).