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 ordinarily resident in the Province:
(a)
a parent who has been ordinarily resident in the Province for at least three months immediately before the date of the application and who has 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 5 of the
Child and Youth Well-Being 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 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 12-month period immediately before 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,
(vii.1)
the written consent of all other parents of the child, on a form provided by the Registrar General, or, if there are no other parents, confirmation that there are no legal proceedings ongoing in relation to the parentage or custody of the child,
(viii)
full particulars of any previous changes of the child’s name,
(ix)
the reasons for the application,
(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 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 12-month period immediately before 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 the application, and
(viii)
any document or other evidence that is prescribed or that is required by the Registrar General.
5(2.1)Despite paragraph (2)(
a), the Registrar General may consider an application to change the registered name of a child if an applicant does not fulfil the requirement in subparagraph (2)(
a)(vii.1), but the applicant provides documentation satisfactory to the Registrar General that
(a)
the applicant notified all other parents of the child of the application and of the other parents’ right to object to the change in name of the child, and
(b)
the applicant has provided an affidavit of service showing that a written consent form has been served personally on all other parents of the child or provided documentation showing that the consent form was sent to the other parents by registered mail and that the other parents received that notice.
5(2.2)Despite subsection (2), an applicant may make an application to the court to dispense with the consent of a parent required under this section and a judge, having regard to the best interests of the child, may dispense with the required consent and the Registrar General shall comply with the decision of the judge.
5(2.3)If a child has sought the consent of a parent required under this section and that parent objects to the change of the registered name of the child and has refused to consent, the child may apply to the court for an order respecting the change of the registered name of the child and the Registrar General shall comply with that order.
5(3)If an applicant seeks to change the registered name of a child of 12 years of age or older, his or her application shall be accompanied by the written consent of the child, on a form provided by the Registrar General, and witnessed by a person authorized to solemnize marriages under the
Marriage Act or a health professional prescribed by regulation under the
Vital Statistics 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)Repealed: 2017, c.13, s.1
5(8)The Registrar General shall not proceed with an application if
(a)
the applicant did not notify all parents of the child who are required to be notified under subsection (2.1),
(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 not to proceed.
5(9) If the Registrar General does not proceed with an application in accordance with subsection (8), the Registrar General shall, within 30 days after receipt of the application, give the applicant written notice
(a)
that the Registrar General is unable to proceed with the application, together with a brief explanation, and
(b)
that the applicant may proceed by applying under section 11 within 90 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 (10), to a judge in any judicial district.
5(10)Despite subsection (1), the Registrar General may consider an application to change the registered name of a child who is not ordinarily resident in 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.
1987, c.C-2.001, s.5; 1995, c.11, s.2; 2000, c.26, s.34; 2008, c.6, s.8; 2011, c.37, s.2; 2016, c.37, s.26; 2017, c.13, s.1; 2019, c.2, s.24; 2023, c.36, s.1