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S.M. 2022, c. 50
Bill 3, 5th Session, 42nd Legislature
The Vital Statistics Amendment Act (Name Registration)
This note was written as a reader's aid to the Bill and is not part of the law.
This Bill amends how a name may be expressed under The Vital Statistics Act.
The letters, including marks above and below letters, and other typographical symbols permitted to be used in a name are set out in the Act, and additional ones may be set out in the regulations. The restriction on the number of names that may be included in a surname is removed.
In accordance with a person's traditional culture, a person may be registered under a single name instead of having both a given name and a surname.
A registration that included a letter or typographical symbol that is now permitted is validated.
Related and consequential amendments are made to The Change of Name Act, The Liquor, Gaming and Cannabis Control Act, The Municipal Act and The City of Winnipeg Charter.
(Assented to December 1, 2022)
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Vital Statistics Act is amended by this Act.
2(1) Subsection 3(9.1) is replaced with the following:
3(9.1) The following rules apply to the name of a child shown on the registration of the child's birth:
1.There must be both a given name and a surname except if a single name is permitted under subsection (9.4).
2.A surname must consist of one or more individual names combined with or without hyphens.
3.A given name and a surname must consist only of the following:
(a) the letters "a" to "z" from the English or French language, including diacritics;
(b) the following combinations of letters and diacritics: Á/á Ä/ä Ã/ã Í/í Ì/ì Ñ/ñ Ó/ó Ò/ò Ö/ö Õ/õ Ú/ú Ý/ý;
(c) hyphens, apostrophes, colons, semicolons and periods;
(d) any other prescribed letter, diacritic or typographical symbol.
2(2) Subsection 3(9.2) is amended, in the part before clause (a), by striking out "the surname" and substituting "a surname".
2(3) The following is added after subsection 3(9.3):
3(9.4) A child may be given a single name that is determined in accordance with the child's traditional culture if
(a) the person or persons registering the child's birth provide the director with the prescribed evidence, if any;
(b) the director approves the single name; and
(c) the single name complies with rule 3 of subsection (9.1).
3(9.5) A single name must be the single name chosen by
(a) the child's parents if they are shown on the child's registration of birth and each of them agrees on the name; or
(b) the person who completes the statement under subsection (2) if only one person certifies the child's birth.
3 Section 8 is amended by striking out "given name" wherever it occurs and substituting "name".
4 Section 48 is amended by adding the following after clause (g):
(g.1) on the recommendation of the minister, prescribing a letter, diacritic or other typographical symbol that may be used in a given name or surname for the purpose of subsection 3(9.1);
(g.2) prescribing the evidence to be provided when a single name is given to a child;
5 The following is added after section 48:
48.1 When recommending that a letter, diacritic or other typographical symbol be prescribed for use in names, the minister must have due regard for the applicable requirements concerning identification documents issued under other enactments, such as a passport.
Related amendment, C.C.S.M. c. C50
6 The following is added after subsection 2(2) of The Change of Name Act:
2(2.0.1) A letter or diacritic or other typographical symbol used in a proposed name must be permitted to be used in a name as set out in subsection 3(9.1) of The Vital Statistics Act, and clauses 3(9.4)(a) to (c) of that Act apply if a single name is proposed.
Consequential amendment, C.C.S.M. c. L153
7 Clause 162(3)(a) of The Liquor, Gaming and Cannabis Control Act is amended by striking out "last name and given name or initials and his or her" and substituting "name, including their given name or initials, if any, and their".
Consequential amendment, C.C.S.M. c. M225
8 Clauses 11(2)(a) and 154(3)(a) of The Municipal Act are amended by striking out "surname and given name or initials" and substituting "name, including the given name or initials, if any,".
Consequential amendment, S.M. 2002, c. 39
9 Subclauses 124(1)(b)(i) and 125(1)(c)(i) of The City of Winnipeg Charter are amended by striking out "surname and given name or initials" and substituting "name, including their given name or initials, if any,".
10 The registration of a child's birth using a given name or a surname that contains a letter, diacritic or other typographical symbol that is permitted under subsection 3(9.1) of The Vital Statistics Act, as enacted by subsection 2(1) of this Act, is deemed to be valid for all purposes under The Vital Statistics Act, despite the registration being made before the coming into force of subsection 3(9.1).
11 This Act comes into force on the day it receives royal assent.