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Acts and Regulations
2000-39
- Naming Conventions
Table of contents
Enabling Act
1
Regulation number
Title
L-1.1
Land Titles Act
Full text
Current to 9 August 2023
NEW BRUNSWICK
REGULATION 2000-39
under the
Land Titles Act
(O.C. 2000-413)
Filed August 25, 2000
Under section 83 of the
Land Titles Act
, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1
This Regulation may be cited as the
Naming Conventions Regulation
-
Land Titles Act
.
Definitions
2
In this Regulation
“enterprise”
includes a body corporate, trade union, named trust, partnership, syndicate or joint venture, association or organization, but does not include an individual.
(entreprise)
Name of a party to an instrument
3
(1)
Each party to an instrument shall be identified separately in the instrument.
3
(2)
Where a party to an instrument is an individual, the name of the party shall be identified in the instrument in accordance with section 5.
3
(3)
Where a party to an instrument is an enterprise, the name of the party shall be identified in the instrument in accordance with section 6.
Qualifiers to a name
4
(1)
Where a party to an instrument is an individual who is any of the following, the name of the party shall be followed by the qualifier “Estate”:
(
a
)
a minor;
(
b
)
mentally incompetent;
(
c
)
deceased; or
(
d
)
bankrupt.
4
(2)
Where a party to an instrument is an enterprise that is bankrupt, the name of the enterprise shall be followed by the qualifier “Estate”.
4
(3)
Where a party to an instrument is a trustee, the name of the trustee, whether an individual or an enterprise, shall be followed by the qualifier “In Trust”.
Conventions for the name of an individual
5
(1)
Where a party to an instrument is an individual, the party shall be identified by the last name of the individual, followed by a comma, followed by the usual first name of the individual, followed by the middle names of the individual, if any.
5
(2)
Repealed: 2023-47
5
(3)
Where a party to an instrument is an individual whose name consists of only one word, the name of the party shall be identified as the one word and shall be inserted in the space normally used for the last name.
5
(4)
Where a party to an instrument is an individual who carries on business under a name and style other than the individual’s own name, the party
(
a
)
shall be identified by the individual’s own name, in accordance with this section, and
(
b
)
may be identified by the individual’s business name and style as an enterprise, in accordance with section 6.
5
(5)
Where a party to an instrument is an individual, the name of the individual shall be determined, for the purposes of this section, by the following rules:
(
a
)
where the individual was born in Canada and the individual’s birth is registered in Canada with a government agency responsible for the registration of births, the name of the individual is the name as stated in the individual’s birth certificate or equivalent document issued by the government agency;
(
b
)
where the individual was born in Canada but the individual’s birth is not registered in Canada with a government agency responsible for the registration of births, the name of the individual is
(i
)
the name as stated in a current passport issued to the individual by the Government of Canada,
(ii
)
if the individual does not have a current Canadian passport, the name as stated in a current social insurance card issued to the individual by the Government of Canada, or
(iii
)
if the individual does not have a current Canadian passport or social insurance card, the name as stated in a current passport issued to the individual by the government of a jurisdiction other than Canada where the individual habitually resides;
(
c
)
where the individual was not born in Canada but is a Canadian citizen, the name of the individual is the name as stated in the individual’s certificate of Canadian citizenship;
(
d
)
where the individual was not born in Canada and is not a Canadian citizen, the name of the individual is
(i
)
the name as stated in a current visa issued to the individual by the Government of Canada,
(ii
)
if the individual does not have a current Canadian visa, the name as stated in a current passport issued to the individual by the government of the jurisdiction where the individual habitually resides, or
(iii
)
if the individual does not have a current Canadian visa or a current passport, the name as stated in the birth certificate or equivalent document issued to the individual by the government agency responsible for the registration of births at the place where the individual was born;
(
e
)
notwithstanding paragraphs (
a
) to (
d
) and subject to paragraph (
f
), if the individual changes their name after marriage or in accordance with change of name legislation, the name of the individual is the name adopted by the individual after marriage, if that name is recognized under the law of the jurisdiction where the individual habitually resides, or the name as stated in the individual’s change of name certificate or equivalent document, as the case may be;
(
f
)
where the law of the jurisdiction where the individual habitually resides allows a person to use both the name adopted after marriage and the name that person had before marriage, and the individual uses both names, paragraphs (
a
) to (
d
) continue to apply and both the name of the individual determined in accordance with those paragraphs and the name adopted after marriage shall be identified as separate names; and
(
g
)
in a case not falling within paragraphs (
a
) to (
f
), the name of the individual is the name as stated in any two of the following documents issued to the individual by the Government of Canada or of a province or territory of Canada:
(i
)
a current motor vehicle operator’s licence;
(ii
)
a current vehicle registration;
(iii
)
a current medical insurance card.
5
(6)
For the purposes of subsection (5), the name of an individual shall be determined as of the date of the execution of the instrument to which that individual is a party.
5
(7)
In addition to identifying a party to an instrument who is an individual in accordance with this section, the party may be separately identified by any other name by which that party is known.
2023-47
CONVENTIONS FOR THE NAME
OF AN ENTERPRISE
Body corporate
6
(1)
Where a party to an instrument is an enterprise that is a body corporate, the party shall be identified by the name of the body corporate.
6
(2)
Where the name of a body corporate that is a party to an instrument is in more than one of the following forms, the party may be identified by any or all of them:
(
a
)
an English form;
(
b
)
a French form;
(
c
)
a combined English-French form.
Trade union
6
(3)
Where a party to an instrument is an enterprise that is a trade union, the party shall be identified by
(
a
)
the name of the trade union, and
(
b
)
in accordance with subsection (13), the name of each person representing the trade union in the instrument.
Named trust
6
(4)
Where a party to an instrument is an enterprise that is in the form of a trust, and the document creating the trust designates the name of the trust, the party shall be identified by the name of the trust, followed by the word “trust” unless the name of the trust already contains the word “trust”.
Registered partnership
6
(5)
Where a party to an instrument is an enterprise that is a partnership that is registered under the
Partnerships and Business Names Registration Act
, the party shall be identified by the firm name of the partnership as stated in the certificate registered under that Act.
Limited partnership
6
(6)
Where a party to an instrument is an enterprise that is a limited partnership, the party shall be identified by the firm name of the partnership as stated in the declaration filed under the
Limited Partnership Act
.
Other partnership
6
(7)
Where a party to an instrument is an enterprise that is a partnership other than one referred to in subsections (5) or (6), and the partnership has a name, the party shall be identified by
(
a
)
the firm name of the partnership, and
(
b
)
in accordance with subsection (13), the name of at least one of the partners.
6
(8)
Where a party to an instrument is an enterprise that is a partnership other than one referred to in subsections (5) or (6), and the partnership does not have a name, the party shall be identified, in accordance with subsection (13), by the names of all of the partners.
Syndicate or joint venture
6
(9)
Where a party to an instrument is an enterprise which is a syndicate or joint venture, the party shall be identified by
(
a
)
the name, if any, of the syndicate or joint venture as stated in the document creating it, and
(
b
)
in accordance with subsection (13), the name of each participant in it.
Other enterprise
6
(10)
Where a party to an instrument is an enterprise that is an association, organization or enterprise other than one already referred to in this section, the party shall be identified by
(
a
)
the name of the association, organization or enterprise, and
(
b
)
in accordance with subsection (13), the name of each person representing the association, organization or enterprise in the instrument.
6
(11)
For the purposes of paragraph (10)(
a
), if the name of the association, organization or enterprise is stated in a constitution, charter or other document creating it, the party shall be identified by the name in the form stated therein.
Names of representatives or members of an enterprise
6
(12)
For the purposes of this section, a person representing an enterprise in an instrument is a person who has power to bind the enterprise or its officers or members and who has exercised that power in the transaction evidenced by the instrument.
6
(13)
Where, under paragraph (3)(
b
), (7)(
b
), subsection (8), paragraph (9)(
b
) or (10)(
b
),
(
a
)
the name of an individual is to be identified, the name shall be identified in the manner provided under section 5, or
(
b
)
the name of an enterprise is to be identified, the name shall be identified in the manner provided under this section.
Commencement
7
This Regulation comes into force on September 25, 2000.
N.B.
This Regulation is consolidated to August 9, 2023.
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