Acts and Regulations

C-2.001 - Change of Name Act

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Document at 28 March 2012
CHAPTER C-2.001
Change of Name Act
Assented to June 27, 1987
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1In this Act
“adoptive parent” includes a person with whom another person was placed for adoption if a new birth registration has been substituted for the birth registration of that other person under section 23 of the Vital Statistics Act;(parent adoptif)
“child” means an unmarried person under the age of nineteen years;(enfant)
“court” means The Court of Queen’s Bench of New Brunswick;(cour)
“custody” , in relation to a person having custody of a child, includes custody shared with another person or persons;(garde)
“family name” means a surname that does not contain more than one word which may occur alone as a surname;(nom patronymique)
“given name” includes an initial;(prénom)
“judge” means a judge of The Court of Queen’s Bench of New Brunswick;(juge)
“marriage registration form” Repealed: 1998, c.18, s.1
“name” Repealed: 1994, c.77, s.1
“objector” means a person who has made an objection under section 7 to a change of name application;(opposant)
“parent” means, unless otherwise specified,(parent)
(a) the natural parent of a child except where the child has been legally adopted in which case it means the adoptive parent, and
(b) a person with whom a child ordinarily resides and who demonstrates a settled intention to treat the child as a child of the person’s family;
“personal service” of a document means personal service as described in Rule 18 of the Rules of Court and “served personally” has a corresponding meaning;(signification personnelle)
“prescribed” means prescribed by the regulations made under this Act;(prescrit)
“registered name” means the name of a person that is(nom enregistré)
(a) registered by or with the Registrar General under this Act, or under another Act of the Legislature, and recorded on the birth registration of the person, or
(b) accepted by the Registrar General as being the name of the person that is registered under the laws of another jurisdiction,
but does not include a surname elected under this Act or under the laws of another jurisdiction;
“registrar of deeds” means a registrar of deeds appointed under the Registry Act;(conservateur des titres de propriété)
“Registrar General” means the Registrar General as defined in the Vital Statistics Act.(registraire général)
“registrar of land titles” means a registrar of land titles appointed under the Land Titles Act.(registrateur des titres de biens-fonds)
1994, c.77, s.1; 1998, c.18, s.1
Application of Act
2Subject to the Intercountry Adoption Act, the Vital Statistics Act and Part V of the Family Services Act, no change of the registered name of a person shall be made except in accordance with this Act.
1994, c.77, s.2; 1998, c.18, s.2; 2007, c.21, s.5
Exceptions
3Nothing in this Act or the regulations affects the validity of any change of name
(a) made before the commencement of this Act in accordance with statutory law,
(a.1) made under this Act before the repeal of section 12, or
(b) made at any time in accordance with the rules of common law.
1998, c.18, s.3
Administration of Act
3.1The member of Executive Council designated by the Lieutenant-Governor in Council to administer the Service New Brunswick Act is responsible for the administration of this Act.
2007, c.32, s.1
CHANGE OF REGISTERED NAME
Application to change registered name
4(1)A person who is a resident of the Province may apply to the Registrar General to change the person’s registered name if the person
(a) is at least nineteen years of age,
(b) is or has been married, or
(c) is a parent with lawful custody of a child.
4(2)Subject to subsection (3), an application to change a registered name made under subsection (1) shall be submitted to the Registrar General on a form provided by the Registrar General together with the prescribed fee and shall include
(a) the registered name of the applicant and the proposed name,
(b) a certified extract of the birth registration of the applicant that discloses the registration number, the date of birth, the place of birth, the sex at birth and the names of the natural or adoptive parents, unless the Registrar General is satisfied that the extract cannot be provided,
(c) if the certified extract referred to in paragraph (b) cannot be provided,
(i) the date and place of birth of the applicant,
(ii) the applicant’s sex at birth, and
(iii) the names of the applicant’s natural parents, or, if applicable, the adoptive parents,
(d) the marital status of the applicant,
(d.1) if the applicant is not at least nineteen years of age and is not or has not been married but is a parent with lawful custody of a child,
(i) the registered name of the child,
(ii) the date and place of birth of the child, and
(iii) a statement that the applicant is a parent with lawful custody of the child;
(e) the applicant’s present address and the applicant’s addresses for the twelve-month period immediately preceding the application,
(f) the applicant’s occupation,
(g) full particulars of any conviction of the applicant under the Criminal Code (Canada) in respect of which the applicant has not received a pardon,
(h) full particulars of any action continuing in the court or in The Court of Appeal of New Brunswick against the applicant,
(i) Repealed: 1994, c.77, s.3
(j) full particulars of any previous changes of the applicant’s name,
(k) the reasons for applying for a change of registered name,
(l) a statement that the information contained in the application is true and that the application is made in good faith and for no improper purpose,
(m) a declaration by a sponsor that
(i) verifies the identity of the applicant, and
(ii) states that the sponsor has known the applicant for at least two years,
(n) any document or other evidence that is prescribed or that is required by the Registrar General,
(o) Repealed: 1994, c.77, s.3
(p) Repealed: 1994, c.77, s.3
4(3)The Registrar General may exempt a person making application under subsection (1) from any of the requirements set out in subsection (2)
(a) if the application is in respect of an addition to, deletion from or change in the spelling of a given name, or
(b) if, in the opinion of the Registrar General,
(i) it is not essential that the requirement be satisfied, and
(ii) the person would suffer a hardship if not exempted from the requirement.
4(4)If a person is exempted under subsection (3), the Registrar General shall make a notation of the reasons for granting the exemption which shall be filed with the other material maintained in connection with the application.
4(5)If an application under subsection (1) is made by a married person in respect of the person’s surname, it shall contain the name of the person’s spouse, the last known address of the person’s spouse and
(a) a written acknowledgement on a form provided by the Registrar General by the person’s spouse of notice of the application,
(b) a statutory declaration on a form provided by the Registrar General that the spouses are living separate and apart, or
(c) an affidavit of service showing that written notice of the application has been served personally on the applicant’s spouse.
4(6)Repealed: 1998, c.18, s.4
4(7)Repealed: 1998, c.18, s.4
4(8)Repealed: 1994, c.77, s.3
4(9)Repealed: 1994, c.77, s.3
4(10)Repealed: 1994, c.77, s.3
4(11)The Registrar General may make any inquiries considered appropriate by the Registrar General in connection with an application to change the registered name of a person.
4(12)Notwithstanding subsection (1), the Registrar General may consider an application for a change of registered name made by a person who is not a resident of the Province if, in the opinion of the Registrar General, the person
(a) has a substantial connection with the Province, and
(b) would suffer a hardship if the Registrar General refused to consider the application.
1988, c.42, s.17; 1993, c.28, s.1; 1994, c.77, s.3; 1995, c.11, s.1; 1996, c.74, s.1; 1998, c.18, s.4
Application to change registered name of child
5(1)The following persons may apply to the Registrar General to change the registered name of a child who is a resident of the Province:
(a) a parent with lawful custody of the child, or
(b) the Minister of Social Development, if the Minister is the guardian of the child as a result of an agreement or order under Part IV of the Family Services Act and if the Minister believes that a change of name is in the best interests of the child.
5(2)Subject to subsection (4), an application to change the registered name of a child shall be submitted to the Registrar General on a form provided by the Registrar General together with the prescribed fee and shall include
(a) if the applicant is a parent of the child,
(i) the registered name of the child and the proposed name,
(ii) the applicant’s name and date and place of birth,
(iii) a certified extract of the birth registration of the child that discloses the registration number, the date of birth, the place of birth, the sex at birth and the names of the natural or adoptive parents, unless the Registrar General is satisfied that the extract cannot be provided,
(iv) if the certified extract referred to in subparagraph (iii) cannot be provided,
(A) the date and place of birth of the child,
(B) the child’s sex at birth, and
(C) the names of the natural parents of the child, or, if applicable, the adoptive parents,
(v) the present addresses of the child and the applicant and their addresses for the twelve-month period immediately preceding the date of the application,
(vi) a statement that sets out the relationship of the child to the applicant,
(vii) the names of all parents of the child not provided under subparagraphs (ii), (iii) or (iv) and the addresses of all parents of the child,
(viii) full particulars of any previous changes of the child’s name,
(ix) the reasons for applying for a change of registered name,
(x) a statement that the information contained in the application is true and that the application is made in good faith and for no improper purpose,
(xi) a declaration by a sponsor that
(A) verifies the identities of the applicant and the child, and
(B) states that the sponsor has known the applicant for at least two years, and
(xii) any document or other evidence that is prescribed or that is required by the Registrar General, or
(b) if the applicant is the Minister of Social Development,
(i) the registered name of the child and the proposed name,
(ii) a certified extract of the birth registration of the child that discloses the registration number, the date of birth, the place of birth, the sex at birth and the names of the natural or adoptive parents, unless the Registrar General is satisfied that the extract cannot be provided,
(iii) if the certified extract referred to in subparagraph (ii) cannot be provided,
(A) the date and place of birth of the child,
(B) the child’s sex at birth, and
(C) the names of the natural parents of the child, or, if applicable, the adoptive parents,
(iv) the present address of the child and the addresses of the child for the twelve-month period immediately preceding the application,
(v) the names of all parents of the child not provided under subparagraphs (ii) or (iii) and the addresses of all parents of the child,
(vi) full particulars of any previous changes of the child’s name,
(vii) the reasons for applying for a change of registered name, and
(viii) any document or other evidence that is prescribed or that is required by the Registrar General.
5(3)If an application seeks to change the registered name of a child of twelve years of age or older, the application shall be accompanied by the written consent of the child on a form provided by the Registrar General which shall be witnessed by a person admitted to the practice of law in the Province or by a cleric authorized to solemnize marriages under the Marriage Act.
5(4)The Registrar General may exempt a person making application to change the registered name of a child from any of the requirements set out in subsection (2)
(a) if the application is in respect of an addition to, deletion from or change in the spelling of a given name, or
(b) if, in the opinion of the Registrar General,
(i) it is not essential that the requirement be satisfied, and
(ii) the child would suffer a hardship if not exempted from the requirement.
5(5)If a person is exempted under subsection (4), the Registrar General shall make a notation of the reasons for granting the exemption which shall be filed with the other material maintained in connection with the application.
5(6)The Registrar General may make any inquiries considered appropriate by the Registrar General in connection with an application to change the registered name of a child.
5(7)Upon receipt of an application to change the registered name of a child, the Registrar General shall immediately cause written notice of the application to be served personally on all parents of the child, other than the applicant, who have not filed with the Registrar General a consent to the application on a form provided by the Registrar General.
5(8)In any case where
(a) the Registrar General is unable to effect service on all parents of a child who are required to be served under subsection (7),
(b) subsection (3) applies and the applicant is unable to provide the required written consent, or
(c) the Registrar General believes that it is in the best interests of a child to do so,
the Registrar General shall not proceed with the application but shall, within thirty days after receipt of the application, give the applicant written notice
(d) that the Registrar General is unable to proceed with the application, together with a brief explanation, and
(e) that the applicant may proceed by applying under section 10 within ninety days after receipt of the notice to a judge in the judicial district in which the child resides, or, if the child does not reside in the Province and the Registrar General has accepted the application under subsection (9), to a judge in any judicial district.
5(9)Notwithstanding subsection (1), the Registrar General may consider an application to change the registered name of a child who is not a resident of the Province if, in the opinion of the Registrar General, the child
(a) has a substantial connection with the Province, and
(b) would suffer a hardship if the Registrar General refused to consider the application.
1995, c.11, s.2; 2000, c.26, s.34; 2008, c.6, s.8
Application to change registered name of child
6(1)A parent who applies under section 5 to change the registered name of a child shall, with respect to the choice of a proposed surname of the child, select one of the following surnames or surname combinations:
(a) the surname of a parent of the child;
(b) a combination surname derived from the surnames of the parents of the child;
(c) the registered surname of a parent;
(d) a combination surname derived from the registered surname of the mother of the child and a surname of a parent of the child;
(e) a combination surname derived from the registered surname of the child and the surname of a parent of the child;
(f) a combination surname derived from the registered surname of the child and the registered surname of the mother of the child;
(g) a previous registered surname of the child;
(h) a combination surname derived from the previous registered surname of the child and the registered surname of the mother of the child;
(i) a combination surname derived from the registered surname of the child and a previous registered surname of the child; or
(j) a combination surname derived from a previous registered surname of the child and the surname of a parent.
6(2)A combination surname referred to in subsection (1) shall be composed of not more than two family names arranged in the order specified in the application.
6(3)An application to change the registered surname of a child shall not be granted if it would result in children in the lawful joint custody of their natural parents having different registered surnames.
6(4)Notwithstanding subsection (1), an application by a parent to change the registered name of a child may set forth a proposed surname permitted under subsection (1) in its masculine or feminine form.
6(5)Notwithstanding subsection (3), the Registrar General may grant an application to change the registered name of a child to permit a surname for the child that is in its masculine or feminine form.
6(6)Notwithstanding any other provision in this Act, an application by a parent to change the registered name of a child may set forth a name determined in accordance with the child’s cultural, religious or ethnic heritage.
6(7)Notwithstanding any other provision in this Act, the Registrar General may grant an application to change the registered name of a child to a name that is determined in accordance with the child’s cultural, religious or ethnic heritage.
1993, c.28, s.2; 1994, c.77, s.4; 1996, c.24, s.33
Change of registered name for personal safety
6.1(1)Where an application for the change of registered name is made for the purpose of protecting the personal safety of the person, the Attorney General may direct the Registrar General to dispense with the requirements under paragraph 4(5)(a) or (c) or subsection 5(3), as the case may be, and the Registrar General shall dispense with the requirements with respect to that application.
6.1(2)Where the Registrar General receives a direction under subsection (1) in respect of an application made under section 5, subsections 5(7) and (8) do not apply with respect to the application and the Registrar General may proceed with the application.
6.1(3)Where an application for a change of registered name has been granted after a direction from the Attorney General under subsection (1), the Registrar General is exempted from the requirements of subsections 9(5) and (7).
6.1(4)Where a person is granted an application for a change of the registered name of a child under section 5 and the Attorney General has made a direction under subsection (1) in respect of that application, section 6 does not apply with respect to the choice of the proposed surname of the child.
1998, c.18, s.5
Objections to application, decision of Registrar General
7(1)A person who has been served with notice of an application to change the registered name of a person may object to the application in writing to the Registrar General within thirty days after the date of service.
7(2)A person who establishes to the satisfaction of the Registrar General a substantial interest in an application to change the registered surname of another person may object to the application in writing to the Registrar General within fourteen days after the day on which the application was received by the Registrar General.
7(3)Subject to subsections (4), (5), (6), (7), (8), (9), (10) and (11), the Registrar General shall issue a decision on the granting of an application
(a) no earlier than the day after the day of expiration of the latest-expiring period of time referred to in subsection (1) or (2) that applies to the application, and
(b) no later than thirty days after the day of expiration referred to in paragraph (a).
7(4)The Registrar General is not required to comply with paragraph (3)(a) if
(a) personal service of the notice of application is not required under this Act, and
(b) Repealed: 1994, c.77, s.5
(c) it would not, in the opinion of the Registrar General, serve any useful purpose to comply with paragraph (3)(a).
7(5)Upon receipt of an objection that does not establish a prima facie case against the granting of the application under section 8, the Registrar General shall
(a) dismiss the objection and immediately, by certified mail, give written notice of the dismissal to the objector, and
(b) within thirty days after the dismissal referred to in paragraph (a), issue a decision on the granting of the application.
7(6)Upon receipt of an objection that establishes a prima facie case against the granting of the application under section 8, the Registrar General shall immediately cause a copy of the objection to be served personally on the applicant.
7(7)Within fourteen days after receipt of the copy of an objection under subsection (6), the applicant shall cause a written reply to the objection to be served personally on the Registrar General.
7(8)The Registrar General shall issue a decision on the granting of an application
(a) within thirty days after the receipt of a reply under subsection (7), or
(b) if there is no reply under subsection (7), after the expiration of the fourteen-day period referred to in subsection (7).
7(9)Where two or more time limits in respect of the issuance of a decision by the Registrar General are applicable to a particular application, the time limit that expires last shall be applied.
7(10)The time limits set out in subsections (3), (5) and (8) in respect of the issuance of a decision by the Registrar General may be extended by the Registrar General with the consent of the applicant.
7(11)This section does not apply to an application after the Registrar General has notified the applicant under subsection 5(8).
1993, c.28, s.3; 1994, c.77, s.5; 1998, c.18, s.6
Granting of application
8The Registrar General shall not grant an application to change the registered name of a person unless the Registrar General is satisfied that
(a) this Act and the regulations have been complied with,
(b) the use of the name sought by the applicant cannot reasonably be expected to cause mistake or confusion, and
(c) the change of name is not sought for a fraudulent, misrepresentational or other improper purpose.
Duties of Registrar General when application is granted or refused
9(1)When an application to change the registered name of a person is granted, the Registrar General shall immediately
(a) give written notice by certified mail to the applicant and to all objectors that the application has been granted,
(b) complete a registration form,
(c) register the change of name by signing and filing the registration form and causing it to be arranged, indexed and kept in the office of the Registrar General in accordance with subsection 17(1),
(d) issue to the applicant a certificate of change of registered name, and
(e) comply with the requirements set out in subsection 33(1) of the Vital Statistics Act.
9(1.1)When an application to change the registered name of a person is granted, the Registrar General shall promptly publish a notice in The Royal Gazette that the application has been granted.
9(1.2)Notwithstanding subsection (1.1), the Registrar General may dispense with the publication of the notice in The Royal Gazette if, in the opinion of the Registrar General,
(a) the applicant would be unduly prejudiced by the publication of the notice,
(b) the publication of the notice would serve no useful purpose, or
(c) the applicant has been commonly known under the registered name applied for and granted.
9(2)A change of the registered name of a person made under this Act is not valid until it is registered by the Registrar General under paragraph (1)(c).
9(3)When an application to change the registered name of a person is refused, the Registrar General shall immediately give, by certified mail, written notice of the refusal to the applicant and to all objectors, together with a brief statement of the reasons for refusing the application.
9(4)Repealed: 1994, c.77, s.6
9(5)Upon the registration of a change of the registered name of a person, if the application to change the name disclosed an action continuing against the person, the Registrar General shall notify the clerk of the court for the appropriate judicial district of the change of name, providing full particulars of the action, and the clerk shall note the change of name on the appropriate records.
9(6)If the action referred to in subsection (5) is continuing in The Court of Appeal of New Brunswick, the clerk referred to in subsection (5) shall notify the Registrar of the Court of Appeal of the change of name and the Registrar shall note the change of name on the appropriate records.
9(7)Upon the registration of a change of the registered name of a person, if the application to change the name disclosed a conviction of the person under the Criminal Code (Canada), in respect of which the person has not received a pardon, the Registrar General shall notify the police authority having jurisdiction in the area where the person resides of the change of name.
9(8)Repealed: 1994, c.77, s.6
9(9)Repealed: 1994, c.77, s.6
1994, c.77, s.6; 1995, c.11, s.3
Notice of Application when Registrar General unable to proceed, procedure on application
10(1)Repealed: 1998, c.18, s.7
10(2)Upon receiving notice from the Registrar General under subsection 5(8) that the Registrar General is unable to proceed with an application, the applicant may, within ninety days after receipt of the notice, apply by Notice of Application to the appropriate judge referred to in that subsection for the identical change of name.
10(3)When making an application to a judge under subsection (2), the applicant shall cause the Notice of Application to be served personally on the Registrar General and on all parties to the application.
10(4)Upon being served with a Notice of Application, the Registrar General shall deliver to the clerk of the court all documents in the possession of the Registrar General that relate to the application.
10(5)The parties to an application are
(a) the applicant,
(b) all persons who have filed an objection to the application before the Registrar General under section 7,
(c) where the subject of the application is the change of the name of a child of twelve years of age or older, the child, and
(d) all other persons who are found by the judge to have a substantial interest in the application.
10(6)The judge shall determine whether all parties to the application have been served with the Notice of Application and if, in the judge’s opinion, they have not, the judge shall
(a) order the Notice of Application to be served on such persons as the judge directs and adjourn the proceedings to allow these persons to be given adequate notice of the application, or
(b) order that service of the Notice of Application be effected by substituted service in the manner specified by the judge or that service be dispensed with.
10(7)In hearing an application, the judge
(a) shall consider the documents referred to in subsection (4), which shall be included in the record before the judge,
(b) may admit any oral or written evidence that is relevant, even if it would not be admissible under the rules applying to trials in the court,
(c) shall give all parties full opportunity to present evidence and make representations, personally or by counsel or agent,
(d) may examine or cross-examine any party or permit any party to be examined or cross-examined, and
(e) may order that the consent of any person required under this Act be dispensed with.
10(8)The judge shall not issue an order granting an application for the change of the registered name of a person unless the judge is satisfied that
(a) this Act and the regulations have been complied with,
(b) the use of the name sought by the applicant cannot reasonably be expected to cause mistake or confusion, and
(c) the change of name is not sought for a fraudulent, misrepresentational or other improper purpose.
10(9)Upon the judge issuing an order in respect of an application for a change of the registered name of a person, the clerk of the court shall
(a) enter the order as a judgment of the court,
(b) send a certified copy of the order by certified mail to the Registrar General and to each of the parties to the application, and
(c) return the documents referred to in subsection (4) to the Registrar General.
10(10)Subject to subsection (11) and to the extent that they are not inconsistent with this section, Rules 38 and 39 of the Rules of Court apply to an application made under this section.
10(11)Rules 38.06, 38.06.1 and 38.09 do not apply to an application made under this section.
10(12)The Registrar General shall file a copy of any order received under paragraph (9)(b) in the office of the Registrar General and
(a) if the order grants the application for a change of registered name, the Registrar General shall immediately register the change of name under paragraph 9(1)(c) and follow all other applicable procedures set out in section 9, and
(b) if the order refuses the application for a change of registered name, the Registrar General shall follow the procedure set out in subsection 9(3).
10(13)If an appeal is made to The Court of Appeal of New Brunswick in respect of an order issued under this section, the Registrar of the Court of Appeal shall notify the Registrar General and the Registrar General shall forward all documents in the possession of the Registrar General that relate to the appeal to the Registrar of the Court of Appeal, which documents shall be included in the record before the Court of Appeal.
1996, c.74, s.2; 1998, c.18, s.7
Granting of application obtained by fraud or misrepresentation, effect
11(1)A person who obtains the granting of an application for the registered name of a person by fraud or misrepresentation commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
11(2)If satisfied that the granting of an application for the change of the registered name of a person was obtained by fraud or misrepresentation, the Registrar General shall
(a) if the application was granted by the Registrar General, annul the registration of the change of name, or
(b) if the application was granted by a judge, apply to a judge of the same judicial district upon fifteen days notice to the person who applied for the change of name for an order annulling the registration of the change of name.
11(3)Where an application is made to a judge under paragraph (2)(b), the judge shall, if satisfied that the granting of the application for the change of name was obtained by fraud or misrepresentation, make an order annulling the registration of the change of name.
11(4)If the registration of a change of name is annulled under subsection (2) or (3), the Registrar General shall
(a) amend the appropriate records accordingly,
(b) send written notice of the annulment to the applicant by certified mail, together with a brief statement of the reasons for the annulment,
(c) publish notice of the annulment in The Royal Gazette,
(d) if notification of the change of name has been issued to a person or authority under subsection 9(5) or (7), notify such person or authority of the annulment,
(e) send written notice of the annulment to any other persons the Registrar General considers advisable, and
(f) order any person who has been issued a certificate under paragraph 9(1)(d), a duplicate certificate under subsection 14(1) or a certified statement under subsection 14(2) to immediately return the document to the Registrar General.
11(5)A person who fails to comply with an order under paragraph (4)(f) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
1990, c.61, s.20; 1994, c.77, art.7; 1996, c.74, s.3; 1998, c.18, s.8
ELECTION OR RE-ELECTION
OF SURNAME
Repealed: 1998, c.18, s.9
1993, c.28, s.4; 1998, c.18, s.9
Repealed
12Repealed: 1998, c.18, s.10
1993, c.28, s.5; 1994, c.77, s.8; 1995, c.11, s.4; 1998, c.18, s.10
APPEALS
Appeal of decision or order of Registrar General, procedure on appeal
13(1)Any person affected by a decision or order made by the Registrar General under this Act may appeal the decision or order to a judge.
13(2)An appeal shall be commenced by Notice of Application within thirty days after the appellant has received notice of the decision or order, but this period of time may be extended to a maximum of ninety days by the judge upon application, either before or after the expiration of the thirty day period, if the extension would not cause substantial prejudice to any of the persons referred to in subsection (4).
13(3)The commencement of an appeal does not affect the operation of the decision or order appealed from.
13(4)The appellant shall cause the Notice of Application to be served personally on the Registrar General and on all other persons with a substantial interest in the appeal.
13(5)Upon being served with a Notice of Application, the Registrar General shall deliver to the clerk of the court a copy of the decision or order which is the subject of the appeal and all documents in the possession of the Registrar General that relate to the decision or order.
13(6)The judge hearing the appeal shall first determine whether all persons with a substantial interest in the appeal have been served with the Notice of Application under subsection (4) and if, in the judge’s opinion, they have not, the judge shall
(a) order the Notice of Application to be served on such other persons as the judge directs, and
(b) adjourn the hearing of the appeal to allow these persons to be given adequate notice of the appeal.
13(7)The judge hearing the appeal shall proceed by trial de novo and
(a) shall consider the decision or order and documents referred to in subsection (5), which shall be included in the record before the judge,
(b) may admit any oral or written evidence that is relevant, even if it would not be admissible under the rules applying to trials in the court,
(c) shall give all parties full opportunity to present evidence and make representations, personally or by counsel or agent, and
(d) may examine or cross-examine any party or permit any party to be examined or cross-examined.
13(8)After hearing the appeal, the judge shall, by order,
(a) dismiss the appeal, or
(b) allow the appeal and
(i) set aside the decision or order of the Registrar General, or
(ii) substitute the decision or order of the Registrar General with that of the judge.
13(9)The decision of a judge under subsection (8) to dismiss or allow an appeal is final and is not subject to appeal.
13(10)Where the judge issues an order under subsection (8), the clerk of the court shall
(a) enter the order as a judgment of the court,
(b) send a certified copy of the order to each person served with the Notice of Application, and
(c) return the documents referred to in subsection (5) to the Registrar General.
13(11)The Registrar General shall file a copy of any order received under paragraph (10)(b) in the office of the Registrar General and, if the order allows the appeal, the Registrar General shall
(a) amend the appropriate records accordingly,
(b) if appropriate, notify the person or authority referred to in subsection 9(5) or (7), and
(c) if appropriate, order any person who has been issued a certificate under paragraph 9(1)(d), a duplicate certificate under subsection 14(1) or a certified statement under subsection 14(2) to immediately return the document to the Registrar General.
13(12)Subject to subsection (13) and to the extent that they are not inconsistent with this section, Rules 38 and 39 of the Rules of Court apply to an appeal commenced under this section.
13(13)Rules 38.06, 38.06.1 and 38.09 do not apply to an appeal commenced under this section.
1994, c.77, s.9; 1998, c.18, s.11
GENERAL
Duties of Registrar General
14(1)The Registrar General shall, upon application on a form provided by the Registrar General and upon payment of the prescribed fee, issue a duplicate of a certificate of change of registered name referred to in paragraph 9(1)(d) to any person whose registered name has been changed under this Act.
14(2)Subject to subsections (3) and (4), the Registrar General shall, upon application on a form provided by the Registrar General and upon payment of the prescribed fee,
(a) conduct a search of the index referred to in subsection 17(2) for a change of the registered name of any person specified by the applicant, and
(b) if the change of name specified is located, issue a certified statement in respect of the change of name.
14(3)The Registrar General shall not disclose to any person other than the person whose name has been changed any information in respect of a change of the registered name of a person made under this Act other than the certified statement referred to in paragraph (2)(b).
14(4)If a change of the registered name of a person is made for the purpose of protecting the personal safety of the person, the Attorney General may direct the Registrar General to seal all records concerning the change of name and not to disclose any information in respect of the change of name and the Registrar General shall comply with any such direction.
14(5)Repealed: 1998, c.18, s.12
1994, c.77, s.10; 1995, c.11, s.5; 1998, c.18, s.12
Notation of change of registered name on public records
15(1)Subject to subsection (2) and to the Vital Statistics Act and without restricting the effect that a change of name may have at law, a person whose registered name has been changed under this Act
(a) upon production of a certificate issued under paragraph 9(1)(d) or a duplicate certificate issued under subsection 14(1),
(b) upon production of satisfactory proof of identity, and
(c) upon payment of any fee prescribed by or under any statute,
to have a notation of the change of registered name made on any public record, certificate, instrument or document of the Province.
15(2)Except as provided in subsections (3) and (4), a person whose registered name has been changed under this Act is not entitled to have the change of registered name recorded in respect of a public record, certificate, instrument or document filed or registered under an Act of the Legislature with a registrar of deeds or a registrar of land titles.
15(3)A person whose registered name has been changed under this Act and who holds an interest in real property that is registered under the Land Titles Act with a registrar of land titles may provide the registrar of land titles with notice of the change of registered name on a form provided by the Registrar General, and the registrar of land titles shall note the change of registered name on the appropriate records.
15(4)A person whose registered name has been changed under this Act and who holds an interest in real or personal property registered or filed under an Act of the Legislature with a registrar of deeds may provide the registrar of deeds with notice of the change of registered name on a form provided by the Registrar General, and the registrar of deeds shall register or file the notice in the system in which the interest is registered or filed.
1994, c.77, s.11; 1995, c.11, s.6; 1996, c.74, s.4; 1998, c.18, s.13
Document signed by Registrar General, as evidence
16(1)A document issued under this Act that purports to be signed by the Registrar General is for all purposes prima facie proof of its contents without proof of the appointment or signature of the Registrar General who issued it and is admissible as evidence in any court of the Province.
16(2)A document issued under this Act that purports to be signed by the Registrar General is not invalid because the Registrar General ceased to hold office before the issuance of the document.
16(3)A document issued under this Act that purports to be signed by the Registrar General is sufficient evidence of the due execution of the document by the Registrar General for all purposes respecting the registration or filing of the document under any Act, and no further evidence of execution by or the signature of the Registrar General is required for the purpose of registration or filing.
16(4)Where the signature of the Registrar General is required for any purpose under this Act, the signature may be written, engraved, lithographed or reproduced by any other method of reproducing words in legible form.
Recording and indexing of changes
17(1)The Registrar General shall maintain a system of recording changes of registered names made under this Act and in so doing
(a) shall cause the original registration forms in respect of changes of registered names, with all particulars of such changes communicated to the Registrar General, to be arranged, indexed and maintained in the office of the Registrar General as a record, and
(b) may use any system of mechanical or electronic data processing, or any other information storage system that is capable of retrieving required information in legible written form within a reasonable time, to record particulars contained on original forms referred to in paragraph (a), in which case the particulars so recorded shall, in the absence of evidence to the contrary, be deemed to be those communicated on the original forms filed pursuant to the provisions of this Act or any predecessor of it.
17(2)The Registrar General shall maintain an index in which shall be kept the prescribed information relating to changes of registered names made under this Act.
1994, c.77, s.12; 1998, c.18, s.14
Notation of election or re-election of surname on public records
17.1Notwithstanding the repeal of section 12, a person who elected or re-elected a surname under section 12 before its repeal is entitled to
(a) have a notation of the election or re-election made on any public record, certificate, instrument or document of the Province, and
(b) have the election or re-election recorded in respect of a public record, certificate, instrument or document filed or registered under an Act of the Legislature with a registrar of deed or a registrar of land titles
in accordance with section 15 as it existed immediately before the commencement of this section.
1998, c.18, s.15
Search of index of election or re-election of surnames
17.2Notwithstanding the repeal of section 12 and subsections 14(5) and 17(3), the Registrar General shall retain the index relating to surnames elected or re-elected under section 12 and shall, where a person requests a search of the index of registered names, search the index relating to surnames and provide a certified statement in respect of an election or re-election of surname where applicable, if the person has paid the prescribed fee under the Act for a search of the index of registered names.
1998, c.18, s.15
Regulations
18The Lieutenant-Governor in Council may make regulations
(a) prescribing the fees payable under this Act;
(b) prescribing forms for the purposes of this Act;
(c) prescribing the indexes to be maintained by the Registrar General under this Act;
(d) prescribing the records, information, reports and statistics to be kept by the Registrar General under this Act;
(e) prescribing any other duties of the Registrar General under this Act;
(f) prescribing the material or information to be required of an applicant in respect of an application for a change of the registered name of a person;
(g) Repealed: 1995, c.11, s.7
(h) prescribing the documents and other evidence referred to in paragraph 4(2)(n) and subparagraphs 5(2)(a)(xii) and 5(2)(b)(viii);
(i) exempting any class of persons from the payment of any fee required under this Act;
(j) respecting the disposal of any material or information received or maintained by the Registrar General under this Act.
1995, c.11, s.7
Amendments to the Vital Statistics Act, chapter V-3
19The Vital Statistics Act, chapter V-3 of the Acts of New Brunswick, 1979, is amended
(a) by repealing section 17;
(b) in section 33 by adding after subsection (2) the following;
33(3)Subsections (1) and (2) do not apply to a change of name elected under section 12 of the Change of Name Act.
Repeal
20The Change of Name Act, chapter C-2 of the Revised Statutes, 1973, is repealed.
Commencement
21This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. This Act was proclaimed and came into force April 1, 1988.
N.B. This Act is consolidated to January 5, 2009.