Acts and Regulations

C-2.001 - Change of Name Act

Full text
Objections to application, decision of Registrar General
7(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 thirty days after the date of service.
7(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 fourteen days after the day on which the application was received by the Registrar General.
7(3)Subject to subsections (4), (5), (6), (7), (8), (9), (10) and (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 thirty days after the day of expiration referred to in paragraph (a).
7(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(b) Repealed: 1994, c.77, s.5
(c) it would not, in the opinion of the Registrar General, serve any useful purpose to comply with paragraph (3)(a).
7(5)Upon receipt of an objection that does not establish a prima facie case against the granting of the application under section 8, the Registrar General shall
(a) dismiss the objection and immediately, by certified mail, give written notice of the dismissal to the objector, and
(b) within thirty days after the dismissal referred to in paragraph (a), issue a decision on the granting of the application.
7(6)Upon receipt of an objection that establishes a prima facie case against the granting of the application under section 8, the Registrar General shall immediately cause a copy of the objection to be served personally on the applicant.
7(7)Within fourteen 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.
7(8)The Registrar General shall issue a decision on the granting of an application
(a) within thirty 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 fourteen-day period referred to in subsection (7).
7(9)Where 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.
7(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.
7(11)This section does not apply to an application after the Registrar General has notified the applicant under subsection 5(8).
1993, c.28, s.3; 1994, c.77, s.5; 1998, c.18, s.6
Objections to application, decision of Registrar General
7(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 thirty days after the date of service.
7(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 fourteen days after the day on which the application was received by the Registrar General.
7(3)Subject to subsections (4), (5), (6), (7), (8), (9), (10) and (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 thirty days after the day of expiration referred to in paragraph (a).
7(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) Repealed: 1994, c.77, s.5
(c) it would not, in the opinion of the Registrar General, serve any useful purpose to comply with paragraph (3)(a).
7(5)Upon receipt of an objection that does not establish a prima facie case against the granting of the application under section 8, the Registrar General shall
(a) dismiss the objection and immediately, by certified mail, give written notice of the dismissal to the objector, and
(b) within thirty days after the dismissal referred to in paragraph (a), issue a decision on the granting of the application.
7(6)Upon receipt of an objection that establishes a prima facie case against the granting of the application under section 8, the Registrar General shall immediately cause a copy of the objection to be served personally on the applicant.
7(7)Within fourteen 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.
7(8)The Registrar General shall issue a decision on the granting of an application
(a) within thirty 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 fourteen-day period referred to in subsection (7).
7(9)Where 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.
7(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.
7(11)This section does not apply to an application after the Registrar General has notified the applicant under subsection 5(8).
1993, c.28, s.3; 1994, c.77, s.5; 1998, c.18, s.6