Effect of application obtained by fraud or misrepresentation
12(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 2 of the
Provincial Offences Procedure Act as a category F offence.
12(2)If the Registrar General is satisfied that the granting of an application for the change of the registered name of a person was obtained by fraud or misrepresentation and
(a)
the application was granted by the Registrar General, the Registrar General shall annul the registration of the change of name, or
(b)
the application was granted by a judge, the Registrar General shall apply to a judge of the same judicial district, on 15 days’ notice to the person who applied for the change of name, for an order annulling the registration of the change of name.
12(3)When 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 registered name was obtained by fraud or misrepresentation, make an order annulling the registration of the change of name.
12(4)If the registration of a change of registered 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 registered 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 10(6) or (8), notify the 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 10(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.
12(5)A person who fails to comply with an order under paragraph (4)(
f) commits an offence punishable under Part 2 of the
Provincial Offences Procedure Act as a category E offence.
1987, c.C-2.001, s.11; 1990, c.61, s.20; 1994, c.77, art.7; 1996, c.74, s.3; 1998, c.18, s.8