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Change of Name Act

R.R.O. 1990, REGULATION 68

GENERAl

Consolidation Period: From January 1, 2017 to the e-Laws currency date.

Last amendment: 489/16.

Legislative History: 326/91, 41/00, 203/07, 67/09, CTR 13 JL 12 - 1, CTR 13 JL 12 - 2, 489/16.

This is the English version of a bilingual regulation.

Election by Spouse, etc.

1. (1) An election under subsection 3 (1) of the Act (election by spouse, etc., to change surname) shall be made by filing the form approved by the Registrar General with the Registrar General and providing the applicable prescribed document, if any. R.R.O. 1990, Reg. 68, s. 1 (1); O. Reg. 67/09, s. 1 (1).

(2) An election under subsection 3 (2) of the Act (resuming name when marriage dissolved, etc.) shall be made by filing the form approved by the Registrar General with the Registrar General and providing the applicable prescribed document, if any. R.R.O. 1990, Reg. 68, s. 1 (2); O. Reg. 67/09, s. 1 (2).

(3) The prescribed documents for the purpose of elections under subsections 3 (1) and (2) of the Act are:

1. A certificate of the spouses’ marriage, issued by the proper authority of the jurisdiction where the marriage was solemnized.

2. A certificate of the death of one of the spouses, issued by the proper authority of the jurisdiction where the death occurred.

3. A certificate of the spouses’ divorce or of the annulment of their marriage, issued by the proper authority of the jurisdiction where the divorce or annulment was granted.

4. All birth certificates and certified copies of the birth registration of the spouse making the election.

5. If the spouse making the election has changed his or her name since the registration of birth, photocopies of all change of name certificates or photocopies of all change of name documents issued by the proper authority of the jurisdiction where the change of name occurred. R.R.O. 1990, Reg. 68, s. 1 (3); O. Reg. 489/16, s. 1 (1).

(4), (5) Revoked: O. Reg. 489/16, s. 1 (2).

(6) The joint declaration referred to in subsection 3 (6) of the Act (conjugal relationship) shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 68, s. 1 (6); O. Reg. 67/09, s. 1 (3).

(7) The declaration referred to in subsection 3 (7) of the Act (revocation of joint declaration) shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 68, s. 1 (7); O. Reg. 67/09, s. 1 (4).

Change of Name of Person Over Sixteen

2. (1) An application under subsection 4 (1) of the Act (change of name) shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 68, s. 2 (1); O. Reg. 67/09, s. 2 (1).

(2) A notice of application given under subsection 4 (2) of the Act (notice to spouse, etc.) may be in the form approved by the Registrar General. R.R.O. 1990, Reg. 68, s. 2 (2); O. Reg. 67/09, s. 2 (2).

(3) The written consent referred to in subsection 4 (3) of the Act (consent to application of person under eighteen) may be in the form approved by the Registrar General. R.R.O. 1990, Reg. 68, s. 2 (3); O. Reg. 67/09, s. 2 (3).

Change of Child’s Name

3. (1) An application under subsection 5 (1) of the Act (change of child’s name) shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 68, s. 3 (1); O. Reg. 67/09, s. 3 (1).

(2) The written consent referred to in subsection 5 (2) of the Act (consent of persons with custody, etc.) may be in the form approved by the Registrar General. R.R.O. 1990, Reg. 68, s. 3 (2); O. Reg. 67/09, s. 3 (2).

(3) A notice of application given under subsection 5 (6) of the Act (notice to persons with access) may be in the form approved by the Registrar General. R.R.O. 1990, Reg. 68, s. 3 (3); O. Reg. 67/09, s. 3 (3).

(4) A notice of application given under subsection 5 (7) of the Act (notice to spouse, etc.) may be in the form approved by the Registrar General. R.R.O. 1990, Reg. 68, s. 3 (4); O. Reg. 67/09, s. 3 (4).

Accompanying Statement and Documents

4. (1) The statement referred to in subsection 6 (3) of the Act (accompanying statement) shall be in the form approved by the Registrar General. R.R.O. 1990, Reg. 68, s. 4 (1); O. Reg. 67/09, s. 4.

(2) The following classes of persons are prescribed for the purpose of subsection 6 (3) of the Act:

1. Provincial judges appointed under the Courts of Justice Act.

2. Justices of the peace appointed under the Justices of the Peace Act.

3. Chiefs of Indian bands that are located in Ontario.

4. Persons authorized under the Marriage Act to solemnize marriages.

5. Legally qualified medical practitioners.

6. Members of The Law Society of Upper Canada.

7. Heads of municipal councils in Ontario.

8. Clerks of municipalities in Ontario.

9. Principals of elementary and secondary schools, as defined in the Education Act.

10. Managers or signing officers of Ontario branches of banks listed in Schedule I or II of the Bank Act (Canada), loan corporations, trust corporations, credit unions and caisses populaires. R.R.O. 1990, Reg. 68, s. 4 (2).

(3) A person who applies under subsection 4 (1) of the Act to change his or her name to a single name, regardless of whether the person has a single name at the time of applying, shall include in the application,

(a) a statement to establish that the applicant identifies as a member of a traditional culture that has a single naming practice; and

(b) evidence to establish that the traditional culture mentioned in clause (a) has a single naming practice. O. Reg. 489/16, s. 2 (2).

(4) A person who has lawful custody of a child and who applies under subsection 5 (1) of the Act to change the name of the child to a single name, regardless of whether the child has a single name at the time of the application, shall include in the application,

(a) if the applicant is a parent of the child, a statement that either the applicant or the child identifies as a member of a traditional culture that has a single naming practice;

(b) if the applicant is not a parent of the child, a statement that the child identifies as a member of a traditional culture that has a single naming practice; and

(c) evidence to establish that the traditional culture mentioned in clause (a) or (b), as the case may be, has a single naming practice. O. Reg. 489/16, s. 2 (3).

(5) For the purposes of subsection 6 (8) of the Act, the prescribed documents consist of,

(a) all birth certificates and certified copies of the birth registration of the person to whose name the change of name application relates, if the person’s birth was registered in Ontario or in a province or territory of Canada, other than Ontario;

(b) photocopies of all birth certificates and certified copies of the birth registration of the person to whose name the change of name application relates, if the person’s birth was registered in a jurisdiction that is a foreign state; and

(c) if the person to whose name the change of name application relates has changed his or her name since the registration of their birth, photocopies of all change of name certificates or photocopies of all change of name documents issued by the proper authority of the jurisdiction where the change of name occurred. O. Reg. 489/16, s. 2 (4).

(6) For the purposes of subsection 7 (1.7) of the Act, the prescribed documents that an applicant or person who requests the notation of a change on the person’s marriage registration under subsection 7 (1.1) of the Act is required to submit with the request consist of,

(a) a photocopy of the change of name certificate issued to the person as described in subsection 7 (1) of the Act;

(b) if the Registrar General requires the applicant or person to submit them to the Registrar General, copies of all previous change of name certificates or change of name documents for the person issued by the proper authority of the jurisdiction issuing them since the person’s marriage registration described in subsection 7 (1.1) of the Act; and

(c) all marriage certificates with respect to that registration and all certified copies of that registration. O. Reg. 489/16, s. 2 (5).

(7) For the purposes of subsection 7 (1.7.1) of the Act, the prescribed documents that an applicant or person who requests the notation of a change on a child’s birth registration under subsection 7 (1.2) of the Act is required to submit with the request consist of,

(a) a photocopy of the change of name certificate issued to the person as described in subsection 7 (1) of the Act;

(b) if the Registrar General requires the applicant or person to submit them to the Registrar General, copies of all previous change of name certificates or change of name documents for the person issued by the proper authority of the jurisdiction issuing them since the child’s birth registration;

(c) all birth certificates of the child and all certified copies of the birth registration of the child; and

(d) if the child is at least 16 years of age,

(i) the child’s consent, in the form approved by the Registrar General, to the request,

(ii) a copy of a court order dispensing with the child’s consent to the request, certified by the court, or

(iii) the written statement of a legally qualified medical practitioner as described in subsection 7 (1.3) of the Act. O. Reg. 489/16, s. 2 (5).

(8) For the purposes of subsection 7 (1.8) of the Act, the prescribed documents that a child who requests the notation of a change on his or her birth registration under subsection 7 (1.6) is required to submit with the request consist of,

(a) a photocopy of the change of name certificate issued to the person as described in subsection 7 (1) of the Act;

(b) if the Registrar General requires the child to submit them to the Registrar General, copies of all previous change of name certificates or change of name documents for the person issued by the proper authority of the jurisdiction issuing them since the child’s birth registration; and

(c) all birth certificates of the child and all certified copies of the birth registration of the child. O. Reg. 489/16, s. 2 (5).

Fees

5. The following fees are payable under the Act:

 

1.

For an election under subsection 3 (1) of the Act made at the time of marriage or at the time of filing a joint declaration

no fee

2.

For an election under subsection 3 (1) of the Act made after the time of marriage or after the time of filing a joint declaration

$25

3.

For an election under subsection 3 (2) of the Act 

25

4.

For an application under subsection 4 (1) of the Act 

137

5.

For an application under subsection 5 (1) of the Act, except as described in paragraph 6

137

6.

For an application under subsection 5 (1) of the Act that is made simultaneously with an application under subsection 4 (1) of the Act by the same applicant

22

R.R.O. 1990, Reg. 68, s. 5; O. Reg. 326/91, s. 1.

Exception for Publishing Notice of Change of Name

6. If a person applies under subsection 4 (1) or 5 (1) of the Act for a change of name, the Registrar General shall not publish a notice of the change of name in The Ontario Gazette under clause 8 (1) (a) of the Act if the applicant provides a letter signed by the applicant and addressed to the Registrar General, requesting that notice of the change of name not be so published because the person to whose name the application relates is, at the time of the application, a transgendered individual.  O. Reg. 203/07, s. 1.

General

7. (1) If all or part of a prescribed document that a person is required to submit to the Registrar General under this Regulation is written in a language other than English or French, the person shall submit with the document,

(a) a translation into English or French done by a person whom the Registrar General views as a professional translator, together with the translator’s written declaration described in subsection (2); or

(b) a translation into English or French, together with the translator’s written declaration described in subsection (2) that is sworn under oath. O. Reg. 489/16, s. 3.

(2) The translator’s declaration shall state that,

(a) the translator understands the language of the translated document and the language of the original document; and

(b) the translator is of the opinion that the translation is complete and correct. O. Reg. 489/16, s. 3.

Forms 1-8 Revoked:  O. Reg. 67/09, s. 5.

 

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