Acts and Regulations

C-2.001 - Change of Name Act

Section 13
Disposition versions

Full text
Appeal of decision or order of Registrar General, procedure on appeal
13(1)Any person affected by a decision or order made by the Registrar General under this Act may appeal the decision or order to a judge.
13(2)An appeal shall be commenced by Notice of Application within thirty days after the appellant has received notice of the decision or order, but this period of time may be extended to a maximum of ninety days by the judge upon application, either before or after the expiration of the thirty day period, if the extension would not cause substantial prejudice to any of the persons referred to in subsection (4).
13(3)The commencement of an appeal does not affect the operation of the decision or order appealed from.
13(4)The appellant shall cause the Notice of Application to be served personally on the Registrar General and on all other persons with a substantial interest in the appeal.
13(5)Upon being served with a Notice of Application, the Registrar General shall deliver to the clerk of the court a copy of the decision or order which is the subject of the appeal and all documents in the possession of the Registrar General that relate to the decision or order.
13(6)The judge hearing the appeal shall first determine whether all persons with a substantial interest in the appeal have been served with the Notice of Application under subsection (4) and if, in the judge’s opinion, they have not, the judge shall
(a) order the Notice of Application to be served on such other persons as the judge directs, and
(b) adjourn the hearing of the appeal to allow these persons to be given adequate notice of the appeal.
13(7)The judge hearing the appeal shall proceed by trial de novo and
(a) shall consider the decision or order and documents referred to in subsection (5), 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, and
(d) may examine or cross-examine any party or permit any party to be examined or cross-examined.
13(8)After hearing the appeal, the judge shall, by order,
(a) dismiss the appeal, or
(b) allow the appeal and
(i) set aside the decision or order of the Registrar General, or
(ii) substitute the decision or order of the Registrar General with that of the judge.
13(9)The decision of a judge under subsection (8) to dismiss or allow an appeal is final and is not subject to appeal.
13(10)Where the judge issues an order under subsection (8), the clerk of the court shall
(a) enter the order as a judgment of the court,
(b) send a certified copy of the order to each person served with the Notice of Application, and
(c) return the documents referred to in subsection (5) to the Registrar General.
13(11)The Registrar General shall file a copy of any order received under paragraph (10)(b) in the office of the Registrar General and, if the order allows the appeal, the Registrar General shall
(a) amend the appropriate records accordingly,
(b) if appropriate, notify the person or authority referred to in subsection 9(5) or (7), and
(c) if appropriate, order any person who has been issued a certificate under paragraph 9(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.
13(12)Subject to subsection (13) and to the extent that they are not inconsistent with this section, Rules 38 and 39 of the Rules of Court apply to an appeal commenced under this section.
13(13)Rules 38.06, 38.06.1 and 38.09 do not apply to an appeal commenced under this section.
1994, c.77, s.9; 1998, c.18, s.11
Appeal of decision or order of Registrar General, procedure on appeal
13(1)Any person affected by a decision or order made by the Registrar General under this Act may appeal the decision or order to a judge.
13(2)An appeal shall be commenced by Notice of Application within thirty days after the appellant has received notice of the decision or order, but this period of time may be extended to a maximum of ninety days by the judge upon application, either before or after the expiration of the thirty day period, if the extension would not cause substantial prejudice to any of the persons referred to in subsection (4).
13(3)The commencement of an appeal does not affect the operation of the decision or order appealed from.
13(4)The appellant shall cause the Notice of Application to be served personally on the Registrar General and on all other persons with a substantial interest in the appeal.
13(5)Upon being served with a Notice of Application, the Registrar General shall deliver to the clerk of the court a copy of the decision or order which is the subject of the appeal and all documents in the possession of the Registrar General that relate to the decision or order.
13(6)The judge hearing the appeal shall first determine whether all persons with a substantial interest in the appeal have been served with the Notice of Application under subsection (4) and if, in the judge’s opinion, they have not, the judge shall
(a) order the Notice of Application to be served on such other persons as the judge directs, and
(b) adjourn the hearing of the appeal to allow these persons to be given adequate notice of the appeal.
13(7)The judge hearing the appeal shall proceed by trial de novo and
(a) shall consider the decision or order and documents referred to in subsection (5), 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, and
(d) may examine or cross-examine any party or permit any party to be examined or cross-examined.
13(8)After hearing the appeal, the judge shall, by order,
(a) dismiss the appeal, or
(b) allow the appeal and
(i) set aside the decision or order of the Registrar General, or
(ii) substitute the decision or order of the Registrar General with that of the judge.
13(9)The decision of a judge under subsection (8) to dismiss or allow an appeal is final and is not subject to appeal.
13(10)Where the judge issues an order under subsection (8), the clerk of the court shall
(a) enter the order as a judgment of the court,
(b) send a certified copy of the order to each person served with the Notice of Application, and
(c) return the documents referred to in subsection (5) to the Registrar General.
13(11)The Registrar General shall file a copy of any order received under paragraph (10)(b) in the office of the Registrar General and, if the order allows the appeal, the Registrar General shall
(a) amend the appropriate records accordingly,
(b) if appropriate, notify the person or authority referred to in subsection 9(5) or (7), and
(c) if appropriate, order any person who has been issued a certificate under paragraph 9(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.
13(12)Subject to subsection (13) and to the extent that they are not inconsistent with this section, Rules 38 and 39 of the Rules of Court apply to an appeal commenced under this section.
13(13)Rules 38.06, 38.06.1 and 38.09 do not apply to an appeal commenced under this section.
1994, c.77, s.9; 1998, c.18, s.11