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Bill 39, Change of Name Amendment Act, 2021

Mitas, Christina Maria

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Status

Debates

Acts affected

Original

Bill 39 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Change of Name Act to provide that

certain offenders are ineligible to change their name. The offenders who are

ineligible are those who are required to comply with Christopher’s

Law (Sex Offender Registry), 2000 , and other criminal offenders who may

be prescribed by regulation.

Consequential

amendments are made to Christopher’s Law (Sex Offender

Registry), 2000 .

Bill 39 2021

Act to amend the Change of Name Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

(1) The Change of Name Act is amended by

adding the following section:

Sex

Offenders, etc.

Ineligibility

5.1

(1) The

following persons are ineligible to have a change of name under any provision

of this Act, unless an exception set out in the regulations applies:

1. A

person required under

section 7 of Christopher’s Law (Sex

Offender Registry), 2000 to comply with

section 3 of that Act.

2. A

person who would be required under

section 7 of Christopher’s

Law (Sex Offender Registry), 2000 to comply with

section 3 of that Act but

for the application of subsection 7 (2) or (3) of that Act.

3. A

person who has been,

i. convicted

of a criminal offence prescribed by the Lieutenant Governor in Council, or

ii. found

not criminally responsible on account of mental disorder of a criminal offence

prescribed by the Lieutenant Governor in Council.

Exception

(2) Subsection

(1) does not apply in respect of,

(

a) a

change of name that has been certified as described in subsection 8 (2) by the

Attorney General or a person authorized by the Attorney General; or

(

b) a

revocation under

section 10 of a change of name that has been obtained by fraud

or misrepresentation or for an improper purpose.

Notice

(3) The

Registrar General shall inform a person who seeks a change of name but is

ineligible under this

section of their ineligibility and the reason for their

ineligibility or, if the change of name was applied for under subsection 5 (1),

the Registrar General shall inform the applicant.

Transition

(4) This

Act, as it read immediately before

section 1 of the Change

of Name Amendment Act, 2021 came into force, continues to apply with

respect to an election or application submitted to the Registrar General before

section 1 of the Change of Name Amendment Act, 2021

came into force.

(2) Subsection

5.1 (4) of the Act, as enacted by subsection (1), is repealed.

Subsection 7.1 (1) of the Act is amended by adding “and whether the person is a

person described in subsection 5.1 (1)” after “subsection 6 (10)”.

Section 13 of the Act is amended by adding the following subsection:

Same

(2) The

Lieutenant Governor in Council may make regulations providing for exceptions

from this Act or any provision of this Act, and making such exceptions subject

to any conditions provided for in the regulations.

Christopher’s

Law (Sex Offender Registry), 2000

(1) Section 10 of Christopher’s Law (Sex

Offender Registry), 2000 is amended by adding the following subsections:

Same

(3.1) An

employee of or person authorized by the ministry for the purposes of this

section shall have access to the sex offender registry at any time and may

collect, retain and use information obtained from the sex offender registry for

the purposes of

section 7.1 of the Change of Name Act .

Same

(3.2) An

employee of or a person authorized by the ministry for the purposes of this

section may disclose information contained in the sex offender registry to the

Registrar General, as defined in

section 1 of the Change

of Name Act , for the purposes of

section 7.1 of that Act, and the

Registrar General may collect, retain and use the information for the purposes

of that Act.

(2) Subsection

10 (4) of the Act is amended by striking out “subsection (2) or (3)” and

substituting “subsections (2) to (3.2)”.

Commencement

(1) Subject to subsection (2), this Act comes

into force on a day to be named by proclamation of the Lieutenant Governor.

(2) Subsection

1 (2) comes into force six months after the day subsection 1 (1) comes into

force.

Short

title

The

short title of this Act is the Change of Name

Amendment Act, 2021 .

Date Bill stage Event Outcome Committee

November 16, 2021

Second Reading

Ordered referred to Standing Committee

Standing Committee on the Legislative Assembly

November 16, 2021

Second Reading

Vote

Carried

November 16, 2021

Second Reading

Debated

October 28, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

October 28, 2021

Committee

Second Reading

November 16, 2021

Miss Christina Maria Mitas. Michael Mantha, Mme Lucille Collard, Mr. Billy Pang, Mr. Amarjot Sandhu

Committee

Standing Committee on the Legislative Assembly

Third Reading

Royal Assent

Acts affected - Bill 39

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Change of Name Act

Christopher's Law (Sex Offender Registry), 2000

Legislative Assembly of Ontario

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