O. Reg. 153/21: CORRECTION OF ERRORS IN REGISTRATIONS

Français

ontario regulation 153/21

made under the

Vital Statistics Act

Made: February 24, 2021
Filed: March 1, 2021
Published on e-Laws: March 2, 2021
Printed in The Ontario Gazette: March 20, 2021

Correction of Errors in Registrations

Definitions

1. In this Regulation,

“applicant” means a person who applies for the correction of an error in a registration that is reported to the Registrar General; (FRENCH)

“incapacity” means the state of being unable, because of illness or death, to make a statement, and “incapable” has a corresponding meaning. (FRENCH)

Statutory declaration required

2. The evidence that the Registrar General requires for correcting an error in a registration under the Act shall include a statutory declaration by the applicant, in a form approved by the Registrar General, that,

(a)  confirms that an error has been made;

(b)  describes the changes that are necessary to correct the error in the registration; and

(c)  sets out all other information with respect to the error that the Registrar General requires.

Name errors in registration of birth

3. (1) For the purpose of correcting an error in the name of a child on the birth registration of the child under subsection 34 (1) of the Act, the Registrar General shall not require any evidence other than the statutory declarations that comply with subsection (2) of this section and the material required by subsections (3), (6) and (7) of this section if,

(a)  the error is a typographical or similar error, including an error only in spelling or punctuation or an error involving only hyphens, spacing, accents or a transposition of characters;

(b)  the correction of the error does not involve the addition, replacement or removal of a name or a change in the order of names;

(c)  the registration of the child’s birth occurred no later than 365 days from the date of its birth; and

(d)  the error has been reported to the Registrar General by the applicant on or before the day that is 90 days after the first birthday of the child.

(2) If an applicant applies for the correction of an error in the birth registration of a child, each person who certified the birth of the child under section 9 of the Act shall provide a statutory declaration, in a form approved by the Registrar General, that,

(a)  confirms that the person making the declaration is a person who certified the birth;

(b)  confirms that an error has been made in the birth registration and confirms that the error is a typographical or similar error described in clause (1) (a) and that the correction of the error does not involve the addition, replacement or removal of a name or a change in the order of names;

(c)  describes the changes that are necessary to correct the error in the registration; and

(d)  sets out all other information with respect to the error that the Registrar General requires.

(3) If a person who certified the birth does not provide the statutory declaration required under subsection (2) due to incapacity, the Registrar General shall require the applicant to,

(a)  provide documentary proof that is satisfactory to the Registrar General or other evidence to demonstrate the reason why a person who certified the birth did not provide the statutory declaration required by subsection (2); and

(b)  provide a statutory declaration, in a form approved by the Registrar General, stating that a person who certified the birth is incapable.

(4) A person may not apply to correct an error under this section if all persons who certified the birth are unable to provide the statutory declaration required by subsection (2) due to incapacity.

(5) An applicant shall give notice of the application to every person who is lawfully entitled to custody of the child other than,

(a)  the applicant; and

(b)  any persons who provide a statutory declaration under subsection (2). 

(6) The Registrar General shall require the applicant to provide documentary proof of custody if anyone has custody of the child other than,

(a)  the applicant; and

(b)  any persons who provide a statutory declaration under subsection (2). 

(7) If anyone is entitled to notice of an application, the applicant shall,

(a)  send notice and a copy of the application by registered or certified mail to the last known address of the person entitled to notice, and obtain proof of mail notice and provide it with the application to the Registrar General; or

(b)  obtain an acknowledgment of notice, signed by the person entitled to notice, and provide it with the application to the Registrar General.

Commencement

4. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

La ministre des Services gouvernementaux et des Services aux consommateurs,

Lisa Thompson

Minister of Government and Consumer Services

Date made: February 24, 2021
Pris le : 24 février 2021

 

Français