Application to change registered name
4(1)A person who has been ordinarily resident in the Province for at least three months immediately before the date of the application may apply to the Registrar General to change his or her registered name if the person
(a)
is at least 19 years of age,
(b)
is or has been married, or
(c)
is a parent with lawful custody of a child.
4(2)Subject to subsection (3), an application to change a registered name made under subsection (1) shall be submitted to the Registrar General on a form provided by the Registrar General together with the prescribed fee and shall include
(a)
the registered name of the applicant and the proposed name,
(b)
a certified extract of the birth registration of the applicant 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,
(c)
if the certified extract referred to in paragraph (
b) cannot be provided,
(i)
the date and place of birth of the applicant,
(ii)
the applicant’s sex at birth, and
(iii)
the names of the applicant’s natural parents, or, if applicable, the adoptive parents,
(d)
the marital status of the applicant,
(d.1)
if the applicant is not at least nineteen years of age and is not or has not been married but is a parent with lawful custody of a child,
(i)
the registered name of the child,
(ii)
the date and place of birth of the child, and
(iii)
a statement that the applicant is a parent with lawful custody of the child;
(e)
the applicant’s present address and the applicant’s addresses for the twelve-month period immediately preceding the application,
(f)
the applicant’s occupation,
(g)
full particulars of any conviction of the applicant under the
Criminal Code (Canada) in respect of which the applicant has not received a pardon,
(h)
full particulars of any action continuing in the court or in The Court of Appeal of New Brunswick against the applicant,
(i)
Repealed: 1994, c.77, s.3
(j)
full particulars of any previous changes of the applicant’s name,
(k)
the reasons for applying for a change of registered name,
(l)
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,
(m)
a declaration by a sponsor that
(i)
verifies the identity of the applicant, and
(ii)
states that the sponsor has known the applicant for at least two years,
(n)
any document or other evidence that is prescribed or that is required by the Registrar General,
(o)
Repealed: 1994, c.77, s.3
(p)
Repealed: 1994, c.77, s.3
4(3)The Registrar General may exempt a person making application under subsection (1) 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 person would suffer a hardship if not exempted from the requirement.
4(4)If a person is exempted under subsection (3), 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.
4(5)If an application under subsection (1) is made by a married person in respect of the person’s surname, it shall contain the name of the person’s spouse, the last known address of the person’s spouse and
(a)
a written acknowledgement on a form provided by the Registrar General by the person’s spouse of notice of the application,
(b)
a statutory declaration on a form provided by the Registrar General that the spouses are living separate and apart, or
(c)
an affidavit of service showing that written notice of the application has been served personally on the applicant’s spouse.
4(6)Repealed: 1998, c.18, s.4
4(7)Repealed: 1998, c.18, s.4
4(8)Repealed: 1994, c.77, s.3
4(9)Repealed: 1994, c.77, s.3
4(10)Repealed: 1994, c.77, s.3
4(11)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 person.
4(12)Notwithstanding subsection (1), the Registrar General may consider an application for a change of registered name made by a person who has not been ordinarily resident in the Province for at least three months if, in the opinion of the Registrar General, the person
(a)
has a substantial connection with the Province, and
(b)
would suffer a hardship if the Registrar General refused to consider the application.
1988, c.42, s.17; 1993, c.28, s.1; 1994, c.77, s.3; 1995, c.11, s.1; 1996, c.74, s.1; 1998, c.18, s.4; 2011, c.37, s.1