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Bill 138, Change of Name Amendment Act, 2023

Scott, Laurie

Smith, Laura

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Acts affected

Original

Bill 138 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Change of Name Act to provide that

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

who are ineligible are those who are required to comply with Christopher’s Law (Sex Offender Registry), 2000 .

Consequential

amendments are made to Christopher’s Law (Sex Offender

Registry), 2000 .

Bill 138 2023

Act to amend the Change of Name Act and to make consequential amendments to

another Act

His

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

4.1

(1) Subject

to subsection (2) and such exceptions as may be set out in the regulations, the

following persons are ineligible to apply for a change of name under subsection

4 (1):

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.

Exception

(2) Subsection

(1) does not apply in respect of 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.

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.

Transition

(4) This

Act, as it read immediately before the day subsection 1 (1) of the Change of Name Amendment Act, 2023 came into force,

continues to apply with respect to an election or application submitted to the

Registrar General before subsection 1 (1) of the Change of

Name Amendment Act, 2023 came into force.

(2) Subsection

4.1 (4) of the Act, as enacted by subsection (1), is repealed.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 a 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) Except as otherwise provided in this section, 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, 2023 .

Date Bill stage Event Outcome Committee

November 14, 2023

Second Reading

Ordered referred to Standing Committee

Standing Committee on Justice Policy

November 14, 2023

Second Reading

Vote

Carried

November 14, 2023

Second Reading

Question put

November 14, 2023

Second Reading

Debated

October 18, 2023

First Reading

Ordered for Second Reading

October 18, 2023

First Reading

Vote

Carried

First Reading

October 18, 2023

Carried

Second Reading

November 14, 2023

Leardi, Anthony

Essex

Saunderson, Brian

Simcoe—Grey

Scott, Laurie

Haliburton—Kawartha Lakes—Brock

Smith, Laura

Thornhill

Vanthof, John

Timiskaming—Cochrane

Carried

Ordered referred to Standing Committee

Standing Committee on Justice Policy