1st Session, 43rd Legislature

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Bill 23


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HIS 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:

"designated offence" means an offence that meets criteria prescribed by regulation; (« infraction désignée »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"regulation" means a regulation made under this Act. (« règlement »)

3(1)   Subsection 2(2.1) is replaced with the following:

Criminal record check and fingerprinting required

2(2.1)   Subject to the regulations, when an application is made to change the name of a person,

(a) a criminal record check for the person must be provided to the director, at a time and in a form and manner satisfactory to the director; and

(b) the person must be fingerprinted by an authorized agency, in accordance with procedures established by regulation.

3(2)   Subsection 2(2.2) is amended by adding "under clause (2.1)(b)" after "an applicant".

3(3)   Subsection 2(2.3) is amended by striking out "subsection (2.1) until he or she" and substituting "clause (2.1)(b) until the director".

3(4)   Subsection 2(3) is amended

(a) in the part before clause (a), by striking out "where" and substituting "by the director if"; and

(b) by adding "or" at the end of clause (d) and replacing everything after clause (d) with the following:

(e) the criminal record check provided with the application under clause (2.1)(a) discloses that the person was convicted of a designated offence unless an exemption has been granted under subsection (5);

and the director shall notify the applicant of the reasons for refusal and of the right to appeal under subsection (4) or to apply for an exemption under subsection (5).

3(5)   Subsection 2(4) is amended by adding "under clauses (3)(a) to (d)" after "a change of name".

3(6)   The following is added after subsection 2(4):

Application for exemption

2(5)   A person who has been convicted of a designated offence may apply to the minister to have their change of name application exempted from clause (3)(e). The minister's decision to grant or refuse the exemption is final.

4   Clause 10(5)(f) is amended by striking out "appointed by the Lieutenant Governor in Council to administer this Act".

5   Section 11 is amended

(a) by adding the following before clause (b):

(a.1) prescribing criteria for an offence to be considered a designated offence;

(b) by replacing clause (c) with the following:

(c) respecting the criminal record check requirement or fingerprinting requirement, or both, under subsection 2(2.1), including providing exemptions from one or both of the requirements;

(c.1) respecting procedures to be followed in respect of a criminal record check under clause 2(2.1)(a);

(c) in clause (d), by adding "under clause 2(2.1)(b)" after "fingerprinted"; and

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

(e.1) respecting applications for exemptions under subsection 2(5), including prescribing procedures for applying for an exemption and the information or documentation to be provided;


6   A criminal record check under clause 2(2.1)(a) of The Change of Name Act, as enacted by subsection 3(1) of this Act, is not required for an application for a change of name that was made before the coming into force of subsection 3(1) of this Act.

Coming into force

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

Explanatory Note

The Change of Name Act is amended to require a criminal record check when an application is made to change a person's name. The Director of Vital Statistics must refuse the change of name if the criminal record check discloses that the person was convicted of an offence that meets criteria set out in the regulations unless an exemption is granted by the minister.