Acts and Regulations

95-57 - General

Full text
Debtor (Individual) Name Information
20(1)Where the debtor is an individual, the registrant shall enter the last name followed by the first name followed by the middle name, if any, of the debtor.
20(2)Where the debtor is an individual whose name includes more than one middle name, the registrant shall enter the first of the middle names.
20(3)Where the debtor is an individual whose name consists of only one word, the registrant shall enter that word in the field for entering the last name of the debtor.
20(4)Where the debtor is an individual who carries on business under a name and style other than the individual’s own name, the registrant
(a) shall enter, in accordance with this section, the individual’s own name as a debtor (individual), and
(b) may enter, in accordance with section 21, the individual’s business name and style as a debtor (enterprise).
20(5)Where the debtor is an individual, the name of the debtor shall be determined, for the purposes of this section, by the following rules:
(a) where the debtor was born in Canada and the debtor’s birth is registered in Canada with a government agency responsible for the registration of births, the name of the debtor is the name as stated in the debtor’s birth certificate or equivalent document issued by the government agency;
(b) where the debtor was born in Canada but the debtor’s birth is not registered in Canada with a government agency responsible for the registration of births, the name of the debtor is
(i) the name as stated in a current passport issued to the debtor by the Government of Canada,
(ii) if the debtor does not have a current Canadian passport, the name as stated in a current social insurance card issued to the debtor by the Government of Canada, or
(iii) if the debtor does not have a current Canadian passport or social insurance card, the name as stated in a current passport issued to the debtor by the government of a jurisdiction other than Canada where the debtor habitually resides;
(c) where the debtor was not born in Canada but is a Canadian citizen, the name of the debtor is the name as stated in the debtor’s certificate of Canadian citizenship;
(d) where the debtor was not born in Canada and is not a Canadian citizen, the name of the debtor is
(i) the name as stated in a current visa issued to the debtor by the Government of Canada,
(ii) if the debtor does not have a current Canadian visa, the name as stated in a current passport issued to the debtor by the government of the jurisdiction where the debtor habitually resides, or
(iii) if the debtor does not have a current Canadian visa or a current passport, the name as stated in the birth certificate or equivalent document issued to the debtor by the government agency responsible for the registration of births at the place where the debtor was born;
(e) notwithstanding paragraphs (a) to (d) and subject to paragraph (f), if the debtor changes his or her name after marriage or in accordance with change of name legislation, the name of the debtor is the name adopted by the debtor after marriage, if that name is recognized under the law of the jurisdiction where the debtor habitually resides, or the name as stated in the debtor’s change of name certificate or equivalent document, as the case may be;
(f) where the law of the jurisdiction where the debtor habitually resides allows a person to use both the name adopted after marriage and the name that person had before marriage, and the debtor uses both names, paragraphs (a) to (d) continue to apply and both the name of the debtor determined in accordance with those paragraphs and the name adopted after marriage shall be registered as separate debtor (individual) names; and
(g) in a case not falling within paragraphs (a) to (f), the name of the debtor is the name as stated in any two of the following documents issued to the debtor by the Government of Canada or of a province or territory of Canada:
(i) a current motor vehicle operator’s licence;
(ii) a current vehicle registration;
(iii) a current medical insurance card.
20(6)For the purposes of subsection (5), the name of the debtor shall be determined as of the date of the event or transaction to which the registration relates.
20(7)In addition to entering the name of a debtor who is an individual determined in accordance with this section, the registrant may enter any other name of the debtor of which the registrant has knowledge as a separate debtor (individual) name.
Debtor (Individual) Name Information
20(1)Where the debtor is an individual, the registrant shall enter the last name followed by the first name followed by the middle name, if any, of the debtor.
20(2)Where the debtor is an individual whose name includes more than one middle name, the registrant shall enter the first of the middle names.
20(3)Where the debtor is an individual whose name consists of only one word, the registrant shall enter that word in the field for entering the last name of the debtor.
20(4)Where the debtor is an individual who carries on business under a name and style other than the individual’s own name, the registrant
(a) shall enter, in accordance with this section, the individual’s own name as a debtor (individual), and
(b) may enter, in accordance with section 21, the individual’s business name and style as a debtor (enterprise).
20(5)Where the debtor is an individual, the name of the debtor shall be determined, for the purposes of this section, by the following rules:
(a) where the debtor was born in Canada and the debtor’s birth is registered in Canada with a government agency responsible for the registration of births, the name of the debtor is the name as stated in the debtor’s birth certificate or equivalent document issued by the government agency;
(b) where the debtor was born in Canada but the debtor’s birth is not registered in Canada with a government agency responsible for the registration of births, the name of the debtor is
(i) the name as stated in a current passport issued to the debtor by the Government of Canada,
(ii) if the debtor does not have a current Canadian passport, the name as stated in a current social insurance card issued to the debtor by the Government of Canada, or
(iii) if the debtor does not have a current Canadian passport or social insurance card, the name as stated in a current passport issued to the debtor by the government of a jurisdiction other than Canada where the debtor habitually resides;
(c) where the debtor was not born in Canada but is a Canadian citizen, the name of the debtor is the name as stated in the debtor’s certificate of Canadian citizenship;
(d) where the debtor was not born in Canada and is not a Canadian citizen, the name of the debtor is
(i) the name as stated in a current visa issued to the debtor by the Government of Canada,
(ii) if the debtor does not have a current Canadian visa, the name as stated in a current passport issued to the debtor by the government of the jurisdiction where the debtor habitually resides, or
(iii) if the debtor does not have a current Canadian visa or a current passport, the name as stated in the birth certificate or equivalent document issued to the debtor by the government agency responsible for the registration of births at the place where the debtor was born;
(e) notwithstanding paragraphs (a) to (d) and subject to paragraph (f), if the debtor changes his or her name after marriage or in accordance with change of name legislation, the name of the debtor is the name adopted by the debtor after marriage, if that name is recognized under the law of the jurisdiction where the debtor habitually resides, or the name as stated in the debtor’s change of name certificate or equivalent document, as the case may be;
(f) where the law of the jurisdiction where the debtor habitually resides allows a person to use both the name adopted after marriage and the name that person had before marriage, and the debtor uses both names, paragraphs (a) to (d) continue to apply and both the name of the debtor determined in accordance with those paragraphs and the name adopted after marriage shall be registered as separate debtor (individual) names; and
(g) in a case not falling within paragraphs (a) to (f), the name of the debtor is the name as stated in any two of the following documents issued to the debtor by the Government of Canada or of a province or territory of Canada:
(i) a current motor vehicle operator’s licence;
(ii) a current vehicle registration;
(iii) a current medical insurance card.
20(6)For the purposes of subsection (5), the name of the debtor shall be determined as of the date of the event or transaction to which the registration relates.
20(7)In addition to entering the name of a debtor who is an individual determined in accordance with this section, the registrant may enter any other name of the debtor of which the registrant has knowledge as a separate debtor (individual) name.