Second Session,

46th General Assembly

58 Elizabeth II,

BILL 26

AN ACT TO PROVIDE FOR CHANGE OF NAME

Received

and Read the First Time ............................................. May 14, 2009

Second

Reading ........................................................................ May 25, 2009

Committee .............................................................

Amendment

May 25, 2009

Third

Reading .................................................................................................

Royal

Assent ...................................................................................................

HONOURABLE KEVIN

O'BRIEN

Minister of

Government Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would repeal and replace

the Change of Name Act to revise and

consolidate the law with respect to requirements respecting change of name.

A BILL

AN ACT TO PROVIDE FOR CHANGE OF NAME

Analysis

Short title

Interpretation

Exceptions to application of Act

Eligibility

Consent of child over age 12 required

Change of name of child by parent

Custody of child- consent required

Exception

Consent of mentally disabled person

Requirements

Grant and refusal of application

Vital Statistics records amended

Issue of certificate of change of name

Publication of change of name

Change in other jurisdictions

Change

Order by court

Annulment of change

Offences

Conclusiveness

Validity of documents

Fees and forms

NLR 28/07

Amdt.

RSNL1990 cC-8 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Change of Name

Act, 2009.

Interpretation

2. In

this Act

(a) "change" means a change by way of

alteration, substitution, addition or abandonment;

(b) "child" means a person under the age

of majority;

(c) "cohabitating partner" means either

of 2 persons who have cohabited in a conjugal relationship outside of marriage

for at least one year;

(d) "court" means the Provincial Court , the Unified Family Court or the Trial Division, as the context

requires;

(e) "guardian" means a guardian as

defined in the Mentally Disabled Persons'

Estates Act;

(f) "judge" means a judge of the Provincial Court , the Unified Family Court or the Trial Division as the context

requires;

(g) "mentally disabled person" means a

mentally disabled person defined under the Mentally

Disabled Persons' Estates Act;

(h) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(i) "name" includes surname and given

name;

(j) "registrar general" means the registrar

general appointed under the Vital

Statistics Act, 2009;

(k) "required form" means the form

required by the minister; and

(l) "spouse" means either of 2 persons

who are married to each other.

(2) Where the signature of the registrar general is

required by this Act, it may be reproduced by photographic or electronic means.

Exceptions to

application of Act

3. A

person may change a surname without recourse to this Act in the following

circumstances:

(

a) as a result of marriage, a person may adopt

the surname of that person's spouse or a combination of each spouse's surname;

(

b) during or after a marriage, a person may revert

to his or her own surname or a previously acquired surname.

Eligibility

(1) A

person who

(

a) is resident in the province; and

(

b) has reached the age of majority

may make an application under this Act to change

his or her name.

(2) For the purpose of this Act, a person is a

resident of the province if he or she has been ordinarily resident in the

province for at least 3 months before making an application under the Act.

(3) Notwithstanding subsection (1), a child may

apply to change his or her name where he or she

(

a) has been married;

(

b) has been a cohabiting partner; or

(

c) is a parent of a child.

Consent of child

over age 12 required

(1) The name of a child who is 12 years of age or over may be

changed under this Act only with the consent of that child.

(2) Notwithstanding subsection (1), a judge may,

on application, dispense with the consent of the child where in the opinion of

the judge it is in the best interests of that child to do so.

Change of name of

child by parent

(1) A

parent may apply to change the name of his or her child and the registrar

general may grant that application where the registrar general is satisfied

that

(

a) the applicant has provided

(

i) the written consent of the other parent

registered on the child's birth registration, or

(ii) where there was no other parent registered on

the child's birth registration, confirmation that there are no legal

proceedings ongoing in relation to the parentage or custody of the child;

(

b) the applicant provides documentation

satisfactory to the registrar general that

(

i) the applicant notified the other parent of the

child's proposed name and of the other parent's right to object to the change,

(ii) the applicant has provided an affidavit of

service showing that the other parent was personally served with the notice or

provided documentation showing that the notice was sent to the other parent by

registered mail and that the other parent received that notice, and

(iii) 30 days have elapsed since the other parent

received the notice and that parent has not filed an objection to the name

change;

(

c) the applicant provides documentation satisfactory

to the registrar general that the other parent of the child is deceased; or

(

d) the registrar general is directed to change

the name of the child by order of the court.

(2) Where an applicant applies to change the surname

of a child due to the applicant's marriage to a person who is not a parent of

the child registered on the birth registration of the child, the requirements of

subsection (1) shall apply and the consent of the other party to the marriage

is required.

(3) Notwithstanding subsection (1), an applicant

may make an application to the court to dispense with the consent of the other

parent required under that subsection.

(4) Where

(

a) the registrar general refuses a name change

under subsection (1); or

(

b) the applicant has sought the consent of the

other parent of the child as required under subsection (1) or (2) and that

other parent objects to the name change and has refused to consent

the applicant may appeal to a judge for an

order respecting the change of name and the registrar general shall comply with

that order.

Custody of child-

consent required

(1) Where

a custody order has been made in respect of a child, an application to change

the name of the child may be made by

(

a) a director of Child, Youth and Family Services

where there is a permanent custody order;

(

b) a director of Child, Youth and Family Services

with the consent of the parents where there is a temporary custody order; or

(

c) where the custody of a child is given to a

third party, that party, with the consent of the parents.

(2) Notwithstanding subsection (1), the registrar

general may dispense with the consent required under that subsection upon

satisfactory proof that both parents of the child are deceased.

(3) Notwithstanding subsections (1) and (2), where

one parent of the child is living, the consent of that parent shall also be required.

Exception

8. Where,

on an application to change a name of a child, the consent of some other person

is required and the applicant is unable to obtain the consent of the other person,

a judge, having regard to the best interests of the child, may dispense with

the consent of the other person to the change of name.

Consent of

mentally disabled person

9. Where

a person whose consent is required to an application under this Act is a

mentally disabled person

(

a) the Registrar of the Supreme Court if acting

as the guardian of the estate of the mentally disabled person; or

(

b) another guardian appointed in respect of the

person or estate of the mentally disabled person,

may consent to the application on behalf

of the mentally disabled person.

Requirements

(1) An

application for a change of name under this Act shall be filed with the registrar

general and shall be in the required form.

(2) An applicant shall file with an application

(

a) an affidavit of good faith in the required

form;

(

b) the consent in the required form of a person

whose consent is necessary under this Act and a copy of an order made under

section 6 or 8 ;

(

c) the applicant's birth certificate or, where

the application relates to the change of a child's name, the child's birth

certificate, or other documentary proof of name or identity that is acceptable

to the registrar general; and

(

d) further documentary evidence of information

that may be required by the registrar general.

Grant and refusal

of application

(1) The

registrar general shall, where an applicant has complied with the requirements

of this Act and paid the required fee, grant the change of name and issue a certificate

of change of name.

(2) The registrar general may refuse to grant a

change of name where,

(

a) the requirements of this Act are not met; or

(

b) notwithstanding subsection (1), in the opinion

of the registrar general,

(

i) the proposed name might reasonably cause

mistake or confusion to another person,

(ii) the change of name is sought for an improper

purpose,

(iii) the applicant has made frequent changes of

name, or

(iv) the name is undesirable in the public

interest,

and the registrar general shall notify the

applicant of the reasons for refusal and of the right to appeal.

(3) A certificate of change of name issued under

subsection (1) takes effect immediately on the day it is issued.

(4) Registration under this Act effects, for all

purposes, a change of name in accordance with the application.

(5) Where a change of name has been effected under

this Act, a copy of the certificate shall be kept in the custody of the registrar

general as part of the records kept under the Vital Statistics Act, 2009 .

(6) For the purpose of subsection (2), a name is

undesirable in the public interest if

(

a) it might cause offence to a reasonable person;

(

b) it is unreasonably long; or

(

c) without adequate justification, it is,

includes or resembles an official title or rank.

(7) A person aggrieved by a decision of the registrar

general under this

section may, within 30 days of the notification of the decision,

appeal that decision to the court, and the applicant shall serve notice of the

appeal on the minister not less than 5 days before the hearing.

Vital Statistics

records amended

(1) After

registering a change of name the registrar general shall, without charge, amend

the applicant's birth certificate accordingly.

(2) The registrar general may, after registering a

change of name and only with the consent of the applicant's spouse, amend the

applicant's marriage certificate accordingly.

(3) Where an applicant's birth, marriage or

common-law relationship is registered in another jurisdiction, the registrar

general shall immediately notify the official responsible of a change of name effected

under this Act.

Issue of

certificate of change of name

13. Upon

registration of a change of name, the change of name certificate shall be

issued and delivered to the applicant.

Publication of

change of name

(1) The

registrar general shall immediately publish a notice of a change of surname

granted under this Act in the Gazette ,

except where publication of a notice is dispensed with by an order under

subsection (2).

(2) The minister may allow an exemption to the

requirement to publish the change of surname under subsection (1) where, in his

or her opinion,

(

a) the applicant would be unduly prejudiced or

embarrassed by the publication;

(

b) the change of surname applied for is of a

minor effect; or

(

c) the applicant has been commonly known under

the surname for which he or she has made the application.

(3) Notwithstanding subsection (2), the minister

surname where publication is not required by that subsection.

Change in other

jurisdictions

(1) Without

restricting the effect that a change of name has by law, a person

(

a) whose birth is registered in the province; and

(

b) whose name has been changed while resident

elsewhere than in the province in accordance with the laws of the jurisdiction

in which the person was resident,

is entitled, upon production of

satisfactory proof of the change of name and of the identity of the person, to

have the new name substituted instead of the former name in the records kept

and certificates issued under the Vital

Statistics Act, 2009.

(2) Without restricting the effect that a change

of name has by law, a person

(

a) whose marriage is registered in the province;

and

(

b) whose name has been changed while resident

elsewhere than in the province in accordance with the laws of the jurisdiction

in which the person was resident,

is entitled,

(

c) with the consent of the person's spouse; and

(

d) upon production of satisfactory proof of the

change of name and of the identity of the person,

to have the new name substituted instead

of the former name in the records kept and certificates issued under the Vital Statistics Act, 2009.

Change

(1) Without

restricting the effect that a change of name has by law, a person whose name

has been changed in accordance with this Act or

an Act of another jurisdiction is

entitled to have the new name substituted instead of a former name in a

document upon

(

a) production of a duplicate or certified copy of

the certificate issued under this Act or another Act;

(

b) satisfactory proof of identity; and

(

c) payment of the fees that may be required.

(2) The substitution of a new name in a document

under subsection (1) may be made by the person in charge of issuing, maintaining

or keeping that type of document, who shall also enter on the document a notation

that the substitution was made under this section.

(3) For the purpose of this

section

"document" includes every record, certificate, instrument, contract

or other document whether or not it is or is not of the same kind as those

previously mentioned and whether it is public or private.

(4) A person entitled to the substitution in a

document of a new name instead of a former one under subsection (1) is entitled

to have all references to the former name removed from the document.

(5) This

section shall apply to a document which

references the name of the person who has changed his or her name, and, shall

apply, with the necessary changes, to documents which reference both the person

who has changed his or her name and another person only where the consent of that

other person has been obtained.

Order by court

17. Where,

in the application of

section 15 or 16 , a question arises concerning the existence of

compliance with the facts or matters required or contained in these sections,

on the application of the person seeking substitution of a new name instead of

a former name, the court may make an order

(

a) declaring that the person has complied with

all the requirements of that section; and

(

b) directing the registrar general or other

person to alter his or her records, certificates or other documents in

conformity with that section.

Annulment of

change

(1) The

minister may, where satisfied that a change of name has been obtained by fraud,

duress or misrepresentation, annul the change of name by order, effective from

a date named in the order.

(2) A marginal notation of the annulling order

shall be made on the certificate of change of name.

(3) Notice of the annulment shall be immediately

published in the Gazette.

(4) The registrar general shall, without charge,

make alterations in his or her records that are necessary because of the

annulling order.

(5) Where the minister annuls a change of name,

the minister may by order require a person to whom a duplicate or a certified

copy of the certificate of change of name has been issued to deliver it up

immediately to him or her.

(6) A person aggrieved by a decision of the

minister under this

section may, within 30 days of the notification of the

decision, appeal that decision to the court.

Offences

(1) A person who

(

a) refuses or neglects to comply with an order

issued under subsection 18 (5);

(

b) uses a name in respect of which he or she was

convicted under subsection (2);

(

c) uses a name that he or she sought to adopt in

an application that was refused or that was the subject of an annulment order under

this Act or the Act repealed by this Act, knowing that the change of name was

refused or annulled; or

(

d) after his or her name is changed under this

Act, knowingly uses a birth certificate or change of name certificate showing a

former name of the person,

is guilty of an offence and liable on

summary conviction to a fine not exceeding $2,000 or to imprisonment for a term

of not more than 30 days, or to both a fine and imprisonment.

(2) A person who by fraud or misrepresentation

obtains a change of name under this Act is guilty of an offence and liable on

summary conviction to a fine not exceeding $2,000 or to imprisonment for a term

of not more than 90 days, or to both a fine and imprisonment.

Conclusiveness

20. A

certificate, a duplicate certificate or a certified copy of a certificate of

change of name issued under this Act or another Act, is for all purposes

conclusive proof of its contents and it is not necessary to prove the signature

or official position of the person by whom the certificate, duplicate

certificate or certified copy purports to be signed.

Validity of documents

21. A

document issued under this Act under the signature of the registrar general is

and remains valid, notwithstanding that the registrar general has ceased to

hold office before the issue of the document.

Fees and forms

22. The

minister may set fees and establish and require forms for the purpose and

administration of this Act.

NLR 28/07 Amdt.

23. Paragraph 1.02(1)(

b) of the Provincial Court Family Rules, 2007 is

repealed and the following substituted:

(

b) Change

of Name Act, 2009;

RSNL1990 cC-8

Rep.

24. The Change

of Name Act is repealed.

Commencement

25. This Act comes into force on October 1, 2009 .

Earl G. Tucker, Queen's Printer