Notice of Application when Registrar General unable to proceed with an application
11(1)Within 90 days after receiving notice from the Registrar General under subsection 5(9) that the Registrar General is unable to proceed with an application, an applicant may apply by Notice of Application to the appropriate judge referred to in that subsection for the identical change of name.
11(2)When making an application to a judge under subsection (1), the applicant shall cause the Notice of Application to be served personally on the Registrar General and on all parties to the application.
11(3)On 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.
11(4)The parties to an application are
(c)
if the subject of the application is the change of the name of a child of 12 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.
11(5)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 those persons that 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.
11(6)In hearing an application, the judge
(a)
shall consider the documents referred to in subsection (3), 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.
11(7)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 this Act and the regulations have been complied with and that
(a)
the person has not made frequent changes of registered name,
(b)
all given names and surnames included in the registration form comply with the requirements prescribed by regulation,
(c)
the change of registered name will not result in an outcome prescribed by regulation, and
(d)
the application is not made for a purpose prescribed by regulation.
11(8)On 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 registered mail to the Registrar General and to each of the parties to the application, and
(c)
return the documents referred to in subsection (3) to the Registrar General.
11(9)Subject to subsection (10) 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.
11(10)Rules 38.06, 38.06.1 and 38.09 do not apply to an application made under this section.
11(11)The Registrar General shall file a copy of an order received under paragraph (8)(
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 10(1)(
c) and follow all other applicable procedures set out in section 10, or
(b)
if the order refuses the application for a change of registered name, the Registrar General shall follow the procedure set out in subsection 10(5).
11(12)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 and those documents shall be included in the record before the Court of Appeal.
1987, c.C-2.001, s.10; 1996, c.74, s.2; 1998, c.18, s.7; 2011, c.37, s.5