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1st Session, 43rd Legislature

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Bill 33

THE CHANGE OF NAME AMENDMENT ACT (3)


  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) of the English version is amended in the definition "common-law partner" by striking out "him or her" and substituting "them".

3   Subsection 2(2.3) of the English version is amended by striking out "he or she" and substituting "the director".

4   Subsection 4(1) of the English version is amended, in the part before clause (a), by striking out "his or her" and substituting "their".

5(1)   Subsection 7(2) is amended, in the part before clause (a), by striking out "subsection (3)" and substituting "subsections (2.1) and (3)".

5(2)   The following is added after subsection 7(2):

Exception

7(2.1)   The public notice requirement under subsection (2) does not apply if the reason for the change of name relates to the individual being transgender, non-binary, gender-diverse or two-spirit Indigenous.

5(3)   Subsection 7(7) is amended by striking out "subsection (8)" and substituting "subsections (8) and (8.1)".

5(4)   Subsection 7(8) is replaced with the following:

No search if publication waived

7(8)   The director shall not make a search or issue a report under subsection (7) if the director has waived the public notice requirement under clause (3)(a) or (b).

Exemption if waiver conditions satisfied

7(8.1)   Where the public notice requirement for a change of name does not apply because of subsection (2.1), the director may exempt the change of name from a search and report under subsection (7) if the conditions for a waiver under clause (3)(a) or (b) are satisfied.

6(1)   Subsection 8(6) of the English version is amended by striking out "he or she was" and substituting "they were".

6(2)   Subsection 8(7) of the English version is amended by striking out "he or she" and substituting "they".

6(3)   Subsection 8(9) of the English version is amended by striking out "his or her" and substituting "their".

7   In the following provisions of the English version,"his or her" is struck out and "their" is substituted:

(a) clause 10(1)(c);

(b) subsection 10(3);

(c) clause 10(5)(d).

Coming into force

8   This Act comes into force on the day it receives royal assent.

Explanatory Note

Under The Change of Name Act, the Director of Vital Statistics must notify the public when a person changes their name, subject to limited exceptions. The Act is amended to remove that requirement if the reason for the change relates to the individual being transgender, non-binary, gender-diverse or two-spirit Indigenous.

Additional amendments are made in the English version to incorporate gender-neutral language.