Acts and Regulations

2014, c.103 - Change of Name Act

Full text
Objections to application, decision of Registrar General
8(1)A person who has been notified by an applicant of an application to change the registered name of a child may object to the application in writing to the Registrar General within 30 days after the date of service or date of reception of the notice, as the case may be.
8(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 14 days after the day on which the application was received by the Registrar General.
8(3)Subject to subsections (4) to (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 30 days after the day of expiration referred to in paragraph (a).
8(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) it would not, in the opinion of the Registrar General, serve any useful purpose to comply with paragraph (3)(a).
8(5)On receipt of an objection that does not establish a prima facie case against the granting of the application under section 9, the Registrar General shall
(a) dismiss the objection and immediately, by registered mail, give written notice of the dismissal to the objector, and
(b) within 30 days after the dismissal referred to in paragraph (a), issue a decision on the granting of the application.
8(6)On receipt of an objection that establishes a prima facie case against the granting of the application under section 9, the Registrar General shall immediately cause a copy of the objection to be served personally on the applicant.
8(7)Within 14 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.
8(8)The Registrar General shall issue a decision on the granting of an application
(a) within 30 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 14-day period referred to in subsection (7).
8(9)When 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.
8(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.
8(11)This section does not apply to an application after the Registrar General has notified the applicant under subsection 5(9).
1987, c.C-2.001, s.7; 1993, c.28, s.3; 1994, c.77, s.5; 1998, c.18, s.6; 2017, c.13, s.1
Objections to application, decision of Registrar General
8(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 30 days after the date of service.
8(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 14 days after the day on which the application was received by the Registrar General.
8(3)Subject to subsections (4) to (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 30 days after the day of expiration referred to in paragraph (a).
8(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) it would not, in the opinion of the Registrar General, serve any useful purpose to comply with paragraph (3)(a).
8(5)On receipt of an objection that does not establish a prima facie case against the granting of the application under section 9, the Registrar General shall
(a) dismiss the objection and immediately, by registered mail, give written notice of the dismissal to the objector, and
(b) within 30 days after the dismissal referred to in paragraph (a), issue a decision on the granting of the application.
8(6)On receipt of an objection that establishes a prima facie case against the granting of the application under section 9, the Registrar General shall immediately cause a copy of the objection to be served personally on the applicant.
8(7)Within 14 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.
8(8)The Registrar General shall issue a decision on the granting of an application
(a) within 30 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 14-day period referred to in subsection (7).
8(9)When 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.
8(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.
8(11)This section does not apply to an application after the Registrar General has notified the applicant under subsection 5(9).
1987, c.C-2.001, s.7; 1993, c.28, s.3; 1994, c.77, s.5; 1998, c.18, s.6