A A A

Fifth Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 30

THE CHANGE OF NAME AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C50 amended

1           The Change of Name Act is amended by this Act.

2           Subsection 1(1) is amended by adding the following definitions:

"approved form" means a form that is approved by, or acceptable to, the director; (« formule approuvée »)

"authorized agency" means a police service, agency or organization referred to in subsection 10.1(1); (« organisme autorisé »)

3(1)        Subsection 2(2) is amended

(a) in the part before clause (a), by striking out "in the prescribed form" and substituting "made on an approved form";

(b) in clause (b), by striking out everything after "of the applicant";

(c) by adding "proof of" at the beginning of clause (d); and

(d) by adding the following after clause (j):

(j.1) unless exempted by regulation, a signed consent from the applicant on an approved form that authorizes

(i) the director to provide the applicant's present and proposed name, date of birth and additional information or documentation prescribed by regulation to the authorized agency that will take the applicant's fingerprints, and

(ii) the authorized agency that takes the applicant's fingerprints to provide his or her present and proposed name, date of birth and fingerprints to the Royal Canadian Mounted Police to enable it to link the applicant's present and proposed name if he or she has a criminal history;

3(2)        The following is added after subsection 2(2):

Fingerprinting required

2(2.1)      Subject to the regulations, when an application is made to change the name of a person, that person must be fingerprinted by an authorized agency, in accordance with procedures established by regulation.

Duties of agency taking fingerprints

2(2.2)      When an authorized agency has fingerprinted an applicant, the agency must

(a) provide the applicant's present and proposed name, date of birth and fingerprints to the Royal Canadian Mounted Police;

(b) advise the director that the applicant's fingerprints have been provided to the Royal Canadian Mounted Police; and

(c) destroy all records of the applicant's fingerprints and other personal information in its custody or under its control.

No decision until fingerprinting confirmed

2(2.3)      The director must not approve an application to change the name of a person who is required to be fingerprinted under subsection (2.1) until he or she has received notice from an authorized agency that the person's fingerprints have been provided to the Royal Canadian Mounted Police.

4(1)        Subsection 7(1) is amended by striking out "the prescribed application" and substituting "a completed application".

4(2)        Subsection 7(2) is replaced with the following:

Public notice

7(2)        Subject to subsection (3), when a certificate of change of name has been issued, the director must give public notice of the change by

(a) arranging for notice of the change to be published in the Manitoba Gazette, at the expense of the applicant; or

(b) providing notice of the change by an alternate method prescribed by regulation.

4(3)        Subsection 7(3) is amended

(a) in the section heading, by striking out "dispense with publication" and substituting "waive public notice"; and

(b) in the part before clause (a), by striking out "dispense with publication in the Manitoba Gazette" and substituting "waive the public notice requirement under subsection (2)".

4(4)        Subsections 7(6), (9) and (11) are amended by striking out "the prescribed form" and substituting "an approved form".

5           Subsection 8(4) is amended by striking out "published forthwith in the Manitoba Gazette" and substituting "given as soon as possible in accordance with subsection 7(2)".

6           Subsections 10(3) and (6) are amended by striking out "the prescribed form" and substituting "an approved form".

7           The following is added after section 10:

Authorized agencies

10.1(1)     A police service, agency or organization designated by regulation is authorized to take the fingerprints of persons applying for a change of name under section 2.

Duties of authorized agencies

10.1(2)     An authorized agency must put in place reasonable and sufficient safeguards to protect the confidentiality of the fingerprints of applicants and other personal information relating to applicants in its custody or under its control.

Agreements with RCMP

10.2        The director may enter into one or more agreements with the Royal Canadian Mounted Police respecting the protection of fingerprints and other personal information provided to it under clause 2(2.2)(a) and the privacy of persons to whom that personal information relates.

8           Section 11 is amended

(a) by repealing clause (a); and

(b) by adding the following after clause (b):

(c) limiting the application of the fingerprinting requirement under subsection 2(2.1);

(d) respecting procedures to be followed when a person applying for a change of name is fingerprinted, including prescribing additional information or documentation to be provided to an authorized agency;

(e) establishing requirements to protect the confidentiality of fingerprints and other personal information relating to applications for changes of name in the custody or under the control of an authorized agency, including

(i) restrictions on the time that this personal information can be retained by an authorized agency, and

(ii) the manner in which records of fingerprints and other personal information relating to applicants are to be destroyed by an authorized agency;

(f) prescribing alternate methods of providing public notice for the purpose of clause 7(2)(b);

(g) designating agencies, organizations or police services for the purpose of subsection 10.1(1) ;

(h) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Coming into force

9           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Change of Name Act to require persons who are seeking to change their names to be fingerprinted. The fingerprints will be provided to the Royal Canadian Mounted Police to enable law enforcement officials to link a person's current and proposed name if that person has a criminal history. Persons may be exempted from this requirement by regulation.

[top of document]