British Columbia Bill 26 (Government) — 5th Parliament, 42nd Session — Previous Version 1

5-42 Gov Bill 26-1

British Columbia — Bills

5th Session, 42nd Parliament

(2024) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE ADRIAN DIX

MINISTER OF HEALTH

BILL 26 – 2024

NAME AMENDMENT ACT (No. 2), 2024

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

CLAUSE 1: [Name Act,

section 4] is consequential to the addition by this Bill of

section 4.1 to the Act.

Section 4 of the Name Act, R.S.B.C. 1996, c. 328, is amended

(

a) in subsection (1) by striking out " Subject to this section, " and substituting " Subject to this

section and

section 4.1, ", and

(

b) in subsection (3) by striking out " Subject to subsection (4), " and substituting " Subject to subsection (4) of this

section and

section 4.1, ".

CLAUSE 2: [Name Act,

section 4.1] prohibits certain classes of persons from changing their names or having their names changed.

2 The following

section is added:

No name changes for certain offenders

4.1

(1) Subject to subsection (3), a person may not change the person's name, or have the person's name changed, if any of the following apply:

(

a) the person has been convicted of a prescribed offence;

(

b) the person has been found, under

section 672.34 of the Criminal Code , to be not criminally responsible on account of mental disorder and the act or omission that formed the basis of the offence charged was an offence to which paragraph (

a) of this subsection applies;

(

c) the person has been found, under

section 753 of the Criminal Code , to be a dangerous offender;

(

d) the person has been found, under

section 753.1 of the Criminal Code , to be a long-term offender.

(2) For certainty, subsection (1) (

c) and (

d) applies regardless of whether any of the offences that led to the finding are prescribed for the purposes of subsection (1) (a).

(3) Unless the regulations provide otherwise, subsection (1) does not apply to a change of a person's name if, for the purposes of proceedings in relation to a conviction or finding described in that subsection,

(

a) the person was a young person within the meaning of the Youth Criminal Justice Act (Canada), and

(

b) a youth sentence within the meaning of the Youth Criminal Justice Act (Canada) was imposed.

CLAUSE 3: [Name Act,

section 6.1] requires a person who intends to apply for a name change to complete criminal record checks and other processes.

Section 6.1 is repealed and the following substituted:

Criminal record check

6.1

(1) Subject to subsection (3), a person who intends to apply for a change of name must do one or more of the following, as required by the registrar general, with respect to the person whose name is to be changed:

(

a) obtain a criminal record check;

(

b) authorize a criminal record check to be obtained by the registrar general;

(

c) authorize the registrar general to verify the results of a criminal record check.

(2) The requirements under subsection (1) must be met

(

a) within 30 days before the applicant files an application under

section 7,

(

b) in accordance with the regulations, if any, and

(

c) to the satisfaction of the registrar general.

(3) Subsection (1) does not apply with respect to a person whose name is to be changed if the person is less than 12 years of age on the date that is 30 days before the date that the applicant files an application under

section 7.

CLAUSE 4: [Name Act,

section 7]

requires an applicant for a name change to provide documentary evidence and information respecting criminal record checks and other processes;

provides that forms referred to in

section 7 (1.1) and (1.2) of the Act must be filed with the registrar general only on the registrar general's request.

Section 7 is amended

(

a) in subsection (1) by adding the following paragraph:

(c.1) the documentary evidence or information required by the registrar general in relation to the requirements that must be met under

section 6.1; , and

(

b) in subsections (1.1) and (1.2) by striking out " must file with the registrar general a form " and substituting " must, on request of the registrar general, file with the registrar general a form ".

CLAUSE 5: [Name Act,

section 10] clarifies that if a minor child's name cannot be changed under

section 4.1 of the Act as added by this Bill, the surname of the child cannot be changed under

section 10 (2) of the Act.

Section 10 (2) is amended by striking out "

section 4 (3) and (4) " and substituting " sections 4 (3) and (4) and 4.1 ".

CLAUSE 6: [Name Act,

section 17] provides regulation-making powers, consequential to the amendments made by this Bill to the Act.

Section 17 is amended by adding the following subsection:

(4) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

a) providing that all or part of

section 4.1 (1) applies with respect to a person described in

section 4.1 (3);

(

b) for the purposes of paragraph (

a) of this subsection, making different regulations with respect to different offences, acts or omissions, or for different circumstances;

(

c) prescribing offences for the purposes of

section 4.1 (1) (a), and providing for circumstances in which

section 4.1 will not apply in relation to a conviction for a prescribed offence;

(

d) respecting the requirements that must be met for the purposes of

section 6.1, including making different regulations with respect to different classes of persons.

Consequential Amendments

Adoption Act

CLAUSE 7: [Adoption Act,

section 36] provides that a child's name must not be changed if the child's name may not be changed under the Name Act , or if requirements under that Act with respect to a name change application have not been met.

Section 36 of the Adoption Act, R.S.B.C. 1996, c. 5, is amended by adding the following subsection:

(4) The court must not change a child's name under this

section if either of the following applies:

(

a) the child may not, under

section 4.1 of the Name Act , have the child's name changed;

(

b) the requirements imposed under

section 6.1 of the Name Act with respect to the child have not been met.

Vital Statistics Act

CLAUSE 8: [Vital Statistics Act,

section 10] provides that a person's birth registration must not be amended if the person's name may not be changed under the Name Act , or if requirements under that Act with respect to a name change application have not been met.

Section 10 of the Vital Statistics Act, R.S.B.C. 1996, c. 479, is amended

(

a) in subsection (1) by striking out " Subject to

section 9 " and substituting " Subject to

section 9 and subsection (9) of this section, ", and

(

b) by adding the following subsection:

(9) An amendment to a person's birth registration must not be made under this