BILL 37

An Act to Amend the Change of Name Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1Section 1 of the Change of Name Act, chapter C-2.001 of the Acts of New Brunswick, 1987, is amended by repealing the definition "marriage registration form".

2Section 2 of the Act is amended by striking out "or election or re-election of surname".

3Section 3 of the Act is amended

(a)in paragraph (a) by striking out "or";

(b)by adding after paragraph (a) the following:

(a.1)made under this Act before the repeal of section 12, or

4Section 4 of the Act is amended

(a)in subsection (5)

(i)in the portion preceding paragraph (a) by striking out "Subject to subsection (6), if" and substituting "If";

(ii)in paragraph (a) by striking out "or";

(iii)in paragraph (b) by striking out the period at the end of the paragraph and substituting a comma followed by "or";

(iv)by adding after paragraph (b) the following:

(c)an affidavit of service showing that written notice of the application has been served personally on the applicant's spouse.

(b)by repealing subsection (6);

(c)by repealing subsection (7).

5The Act is amended by adding after section 6 the following:

6.1(1)Where an application for the change of registered name is made for the purpose of protecting the personal safety of the person, the Attorney General may direct the Registrar General to dispense with the requirements under paragraph 4(5)(a) or (c) or subsection 5(3), as the case may be, and the Registrar General shall dispense with the requirements with respect to that application.

6.1(2)Where the Registrar General receives a direction under subsection (1) in respect of an application made under section 5, subsections 5(7) and (8) do not apply with respect to the application and the Registrar General may proceed with the application.

6.1(3)Where an application for a change of registered name has been granted after a direction from the Attorney General under subsection (1), the Registrar General is exempted from the requirements of subsections 9(5) and (7).

6.1(4)Where a person is granted an application for a change of the registered name of a child under section 5 and the Attorney General has made a direction under subsection (1) in respect of that application, section 6 does not apply with respect to the choice of the proposed surname of the child.

6Subsection 7(11) of the Act is amended by striking out "4(7) or".

7Section 10 of the Act is amended

(a)by repealing subsection (1);

(b)in subsection (3) by striking out "(1) or".

8Paragraph 11(4)(f) of the Act is amended by striking out "paragraph 14(1)(a)" and substituting "subsection 14(1)".

9The Act is amended by striking out the heading "ELECTION OR RE-ELECTION OF SURNAME" preceding section 12.

10Section 12 of the Act is repealed.

11Paragraph 13(11)(c) of the Act is amended by striking out "paragraph 14(1)(a)" and substituting "subsection 14(1)".

12Section 14 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

14(1)The Registrar General shall, upon application on a form provided by the Registrar General and upon payment of the prescribed fee, issue a duplicate of a certificate of change of registered name referred to in paragraph 9(1)(d) to any person whose registered name has been changed under this Act.

(b)by repealing subsection (5).

13Section 15 of the Act is repealed and the following is substituted:

15(1)Subject to subsection (2) and to the Vital Statistics Act and without restricting the effect that a change of name may have at law, a person whose registered name has been changed under this Act

(a)upon production of a certificate issued under paragraph 9(1)(d) or a duplicate certificate issued under subsection 14(1),

(b)upon production of satisfactory proof of identity, and

(c)upon payment of any fee prescribed by or under any statute,

to have a notation of the change of registered name made on any public record, certificate, instrument or document of the Province.

15(2)Except as provided in subsections (3) and (4), a person whose registered name has been changed under this Act is not entitled to have the change of registered name recorded in respect of a public record, certificate, instrument or document filed or registered under an Act of the Legislature with a registrar of deeds or a registrar of land titles.

15(3)A person whose registered name has been changed under this Act and who holds an interest in real property that is registered under the Land Titles Act with a registrar of land titles may provide the registrar of land titles with notice of the change of registered name on a form provided by the Registrar General, and the registrar of land titles shall note the change of registered name on the appropriate records.

15(4)A person whose registered name has been changed under this Act and who holds an interest in real or personal property registered or filed under an Act of the Legislature with a registrar of deeds may provide the registrar of deeds with notice of the change of registered name on a form provided by the Registrar General, and the registrar of deeds shall register or file the notice in the system in which the interest is registered or filed.

14Section 17 of the Act is repealed and the following is substituted:

17(1)The Registrar General shall maintain a system of recording changes of registered names made under this Act and in so doing

(a)shall cause the original registration forms in respect of changes of registered names, with all particulars of such changes communicated to the Registrar General, to be arranged, indexed and maintained in the office of the Registrar General as a record, and

(b)may use any system of mechanical or electronic data processing, or any other information storage system that is capable of retrieving required information in legible written form within a reasonable time, to record particulars contained on original forms referred to in paragraph (a), in which case the particulars so recorded shall, in the absence of evidence to the contrary, be deemed to be those communicated on the original forms filed pursuant to the provisions of this Act or any predecessor of it.

17(2)The Registrar General shall maintain an index in which shall be kept the prescribed information relating to changes of registered names made under this Act.

15The Act is amended by adding after section 17 the following:

17.1Notwithstanding the repeal of section 12, a person who elected or re-elected a surname under section 12 before its repeal is entitled to

(a)have a notation of the election or re-election made on any public record, certificate, instrument or document of the Province, and

(b)have the election or re-election recorded in respect of a public record, certificate, instrument or document filed or registered under an Act of the Legislature with a registrar of deed or a registrar of land titles

in accordance with section 15 as it existed immediately before the commencement of this section.

17.2Notwithstanding the repeal of section 12 and subsections 14(5) and 17(3), the Registrar General shall retain the index relating to surnames elected or re-elected under section 12 and shall, where a person requests a search of the index of registered names, search the index relating to surnames and provide a certified statement in respect of an election or re-election of surname where applicable, if the person has paid the prescribed fee under the Act for a search of the index of registered names.

16This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

The definition "marriage registration form" is repealed. This amendment is consequential on the amendment made in section 10 of this amending Act.

Section 2

This amendment is consequential on the amendment made in section 10 of this amending Act.

Section 3

The existing provision is as follows:

3Nothing in this Act or the regulations affects the validity of any change of name

(a)made before the commencement of this Act in accordance with statutory law, or

(b)made at any time in accordance with the rules of common law.

Section 4

(a)The existing provision is as follows:

4(5)Subject to subsection (6), if an application under subsection (1) is made by a married person in respect of the person's surname, it shall contain the name of the person's spouse, the last known address of the person's spouse and

(a)a written acknowledgement on a form provided by the Registrar General by the person's spouse of notice of the application, or

(b)a statutory declaration on a form provided by the Registrar General that the spouses are living separate and apart.

(b)The existing provision is as follows:

4(6)If an application referred to in subsection (5) does not include the written acknowledgement referred to in paragraph (5)(a) or the statutory declaration referred to in paragraph (5)(b), and the Registrar General is satisfied that the applicant is unable to provide the written acknowledgement or statutory declaration, as the case may be, the Registrar General shall, immediately on receipt of the application, cause written notice of the application to be served personally on the applicant's spouse.

(c)The existing provision is as follows:

4(7)If unable to effect service under subsection (6), the Registrar General shall not proceed with the application but shall, within thirty days after receipt of the application, give the applicant written notice

(a)that the Registrar General is unable to proceed with the application, together with a brief explanation, and

(b)that the applicant may proceed by applying under section 10 within ninety days after receipt of the notice to a judge in the judicial district in which the applicant resides, or, if the applicant does not reside in the Province and the Registrar General has accepted the application under subsection (12), to a judge in any judicial district.

Section 5

Under certain circumstances the Attorney General may direct the Registrar General to dispense with certain requirements under the act relating to an application for change of a registered name, and the Registrar General, when so directed, shall dispense with the requirements. Where an application is granted under such directions, the Registrar General is also exempted from complying with the requirements of subsections 9(5) and (7) of the Change of Name Act. Section 6 and subsections 5(7) and (8) of the Change of Name Act do not apply with respect to an application where such a direction is made by the Attorney General.

Section 6

This amendment is consequential on the amendment made in paragraph 4(c) of this amending Act.

Section 7

(a)This amendment is consequential on the amendment in paragraph 4(c) of this amending Act. The existing provision is as follows:

10(1)Upon receiving notice from the Registrar General under subsection 4(7) that the Registrar General is unable to proceed with an application, the applicant may, within ninety days after receipt of the notice, apply by Notice of Application to the appropriate judge referred to in that subsection for the identical change of name.

(b)This amendment is consequential on the amendment in paragraph 6(a) of this amending Act.

Section 8

This amendment is consequential on the amendment in paragraph 12(a) of this amending Act.

Section 9

This amendment is consequential on the amendment in section 10 of this amending Act.

Section 10

The existing provision is as follows:

12(1)Upon marriage, a person shall elect to

(a)retain the surname used immediately before the marriage,

(b)revert to the person's registered surname,

(c)assume the surname of the person's spouse, or

(d)assume a combination surname derived from the surnames of both spouses,

and the surname elected shall be indicated on the marriage registration form.

12(2)Subject to subsection (3), if a person fails to indicate an election of surname on the marriage registration form under subsection (1), the person shall be deemed to have elected to retain the surname used immediately before the marriage as indicated on the marriage licence.

12(3)If a person has failed to indicate an election of surname on the marriage registration form under subsection (1), the Registrar General shall, upon payment of the prescribed fee, allow the person to make the election on a form provided by the Registrar General at a later date during the course of the marriage if, in the opinion of the Registrar General, it was the intention of the person to make the election at the time of the marriage.

12(4)If a person was married

(a)in the Province before the commencement of this Act, or

(b)outside the Province and has not changed surname in consequence of marriage under the laws of another jurisdiction,

that person, upon payment of the prescribed fee, may, on one occasion during the course of the marriage, elect on a form provided by the Registrar General to assume any of the surnames referred to in subsection (1).

12(5)If a person has elected a surname under subsection (1) or (4) and subsequently, during the course of the marriage, the registered surname of the person or of the person's spouse is changed to a new registered surname, the person may revoke the election of surname and, upon payment of the prescribed fee, re-elect on a form provided by the Registrar General to

(a)assume as an elected surname the new registered surname, or

(b)assume as an elected surname a combination surname composed of the new registered surname together with

(i)the surname used immediately before the marriage, or

(ii)the registered surname of the spouse whose registered surname was not changed.

12(5.1)If a person has elected a surname under subsection (1), the person during the course of the marriage may revoke the election of surname and, on payment of the prescribed fee, re-elect on a form provided by the Registrar General a surname under subsection (1).

12(6)A combination surname elected under subsection (1) or (4) or a combination surname re-elected under subsection (5) or (5.1) shall be composed of not more than two family names arranged in the order specified on the applicable form.

12(7)Following the termination of a marriage of a person as a result of divorce, annulment or death, the person may, upon payment of the prescribed fee, elect on one occasion on a form provided by the Registrar General to revert to the registered surname of the person or to the surname used immediately before the marriage.

12(8)Subject to subsection (9), an election or re-election made under this section takes effect at the time the form indicating the election or re-election is executed.

12(9)For the purposes of the Vital Statistics Act, an election or re-election made under this section takes effect at the time the form indicating the election or re-election is received by the Registrar General.

12(10)Repealed: 1994, c.77, s.8.

12(11)Repealed: 1994, c.77, s.8.

12(12)The Registrar General shall issue to a person who has elected a surname in accordance with this section and who has paid the prescribed fee in respect of such election, a certificate of election of surname.

12(13)The Registrar General shall issue to a person who has re-elected a surname in accordance with this section and who has paid the prescribed fee in respect of such election, a certificate of re-election of surname.

12(14)Upon application to the Registrar General by a person who has elected a surname under subsection (1) and upon payment of the prescribed fee for a certificate of election, the Registrar General shall issue to the person a certificate of election of surname.

Section 11

This amendment is consequential on the amendment in paragraph 12(a) of this amending Act.

Section 12

(a)The existing provision is as follows:

14(1)The Registrar General shall, upon application on a form provided by the Registrar General and upon payment of the prescribed fee, issue

(a)a duplicate of a certificate of change of registered name referred to in paragraph 9(1)(d) to any person whose registered name has been changed under this Act, and

(b)a duplicate of a certificate of election or re-election referred to in subsection 12(12), (13) or (14) to any person who has elected or re-elected a surname under section 12.

(b)The existing provision is as follows:

14(5)Where a person requests a search of the index for the election and re-election of surnames at the same time as a request is made and the fee is paid by the person under subsection (2) and the search is in respect of the same person specified, the Registrar General shall conduct a search of the index referred to in subsection 17(3) and, if an election or re-election of surname is located, provide to the person a certified statement in respect of the election or re-election of surname.

Section 13

This amendment is consequential on the amendment in section 10 of this amending Act. The existing provision is as follows:

15(1)Subject to subsections (2) and (3) and to the Vital Statistics Act and without restricting the effect that a change of name may have at law, a person whose registered name has been changed under this Act or who has elected or re-elected a surname under section 12 is entitled

(a)upon production of a certificate issued under paragraph 9(1)(d) or subsection 12(12), (13) or (14) or a duplicate certificate issued under subsection 14(1),

(b)upon production of satisfactory proof of identity, and

(c)upon payment of any fee prescribed by or under any statute,

to have a notation of the change of registered name or election or re-election of surname made on any public record, certificate, instrument or document of the Province.

15(2)A person who has elected or re-elected a surname under section 12 is not entitled to have a notation of the election or re-election of surname made on the birth registration of that person.

15(3)Except as provided in subsections (4) and (5), a person whose registered name has been changed under this Act or who has elected or re-elected a surname under section 12 is not entitled to have the change of registered name or election or re-election of surname recorded in respect of a public record, certificate, instrument or document filed or registered under an Act of the Legislature with a registrar of deeds or a registrar of land titles.

15(4)A person, whose registered name has been changed under this Act or who has elected or re-elected a surname under section 12 and who holds an interest in real property that is registered under the Land Titles Act with a registrar of land titles, may provide the registrar of land titles with notice of the election or re-election of surname or change of registered name on a form provided by the Registrar General and the registrar of land titles shall note the election or re-election of surname or change of registered name on the appropriate records.

15(5)A person, whose registered name has been changed under this Act or who has elected or re-elected a surname under section 12 and who holds an interest in real or personal property registered or filed under an Act of the Legislature with a registrar of deeds, may provide the registrar of deeds with notice of the election or re-election of surname or change of registered name on a form provided by the Registrar General and the registrar of deeds shall register or file the notice in the system in which the interest is registered or filed.

Section 14

This amendment is consequential on the amendment in section 10 of this amending Act. The existing provision is as follows:

17(1)The Registrar General shall maintain a system of recording changes of registered names and elections and re-elections of surnames made under this Act and in so doing

(a)shall cause the original registration forms in respect of changes of registered names and the original forms on which elections and re-elections of surnames are indicated, with all particulars of such changes and elections communicated to the Registrar General, to be arranged, indexed and maintained in the office of the Registrar General as a record, and

(b)may use any system of mechanical or electronic data processing, or any other information storage system that is capable of retrieving required information in legible written form within a reasonable time, to record particulars contained on original forms referred to in paragraph (a), in which case the particulars so recorded shall, in the absence of evidence to the contrary, be deemed to be those communicated on the original forms filed pursuant to the provisions of this Act or any predecessor of it.

17(2)The Registrar General shall maintain an index in which shall be kept the prescribed information relating to changes of registered names made under this Act.

17(3)The Registrar General shall maintain an index in which shall be kept the prescribed information relating to surnames elected or re-elected under section 12.

Section 15

In the new section 17.1, a transitional provision is enacted so that a person who has elected or re-elected a surname before the repeal of section 12 may have the notation of that election or re-election recorded on certain public records, instruments, certificates or documents in accordance with section 15 as it existed immediately before the transitional provision was enacted.

In the new section 17.2, a transitional provision is enacted ensuring that the index of surnames elected or re-elected under the repealed section 12 is maintained and is searched under certain circumstances.

Section 16

Commencement provision.

Chapter Outline Update

Section 1

In section 1 strike out "marriage registration form -- formule d'enrigistrement de mariage"

Sections 2, 3 and 4

No change.

Section 5

Add after section 6 the following:


Change of registered name for personal safety 6.1

Sections 6, 7 and 8

No change.

Section 9

Before section 12 strike out the heading "ELECTION OR RE-ELECTION OF SURNAME".

Section 10

Strike out section 12 and substitute the following:

Repealed 12

Sections 11 and 12

No change.

Section 13

Strike out section 15 and substitute the following:


Notation of change of registered name on public records 15

Section 14

No change.

Section 15

Add after section 17 the following:

Notation of election or re-election of surname
on public records 17.1


Search of index of election or re-election of surnames 17.2

Endorse: Hon. Russell H. T. King


Last Modified: 04:25pm , February 03, 1998