|This is an unofficial archived version of The Change of Name Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. C50
The Change of Name Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"change" means any change by way of alteration, substitution, addition, or abandonment; ("changement")
"director" means the Director of Vital Statistics as provided for in The Vital Statistics Act; ("directeur")
"given name" includes a baptismal name; ("prénom")
"infant" means a person under the age of 18 years; ("mineur")
"name" includes given name and surname; ("nom")
"surname" includes family name or patronymic. ("nom de famille")
Any person who
(a) is 18 or more years of age or has been married, or is a parent with legal custody of his or her child; and:
(b) has resided in the province for at least one year immediately preceding the date of the application;
may make application to the director for a change of name.
A married person may with the written consent of his or her spouse apply for a change of the name of any of his or her unmarried infant children.
A widower or widow may also apply, in like manner, for a change of the given name or names of any of his or her unmarried infant children.
An unmarried parent may apply for a change of name of any unmarried infant children who are in his or her lawful custody.
A person whose marriage has been annulled or dissolved in a manner referred to in subsection (11) may apply for a change of name of an unmarried infant child born of that marriage if
(a) the applicant has been granted custody of the child by any court in Canada, or by any court outside Canada which had jurisdiction to grant the custody order; and
(b) where the applicant's previous spouse is not deceased, the applicant has notified the previous spouse of the application by registered or certified mail sent to the previous spouse's last known place of residence.
Where the notice referred to in clause (5)(b) cannot be delivered by the post office or where the last known place of residence of the previous spouse is the same as the address of the applicant, the director may require the applicant to make a reasonable attempt to locate the previous spouse and where that attempt is unsuccessful, the director may dispense with the notice to the previous spouse.
Where an applicant who is married applies under subsection (5) to change the name of an unmarried infant child born of a previous marriage to the name of the applicant's present spouse, or to the name of the present spouse hyphenated or combined with the applicant's surname, the applicant shall, in addition to meeting the other requirements of subsection (5), obtain the consent of his or her present spouse to the application.
Where the previous spouse receives the notice referred to in clause (5)(b), section 3 applies with the necessary modifications.
An application to change the name of a child over 12 years of age requires the written consent of the child.
Where a married person applies for a change of name, the change of name shall not be registered unless the application is
(a) accompanied by the consent of the spouse of the applicant to the change of name; or
(b) accompanied by satisfactory evidence that the applicant has given notice of the application for the change of name to the spouse.
A person whose marriage has been annulled or dissolved by
(a) a judgment or a decree absolute given or made by any court in Canada; or
(b) an Act of the Parliament of Canada; or
(c) a judgment or decree absolute,
(i) in respect of which no appeal is pending, any appeal taken has been dismissed, and all rights to and time for appeal have expired, and
(ii) which was given or made by a court other than a court in Canada, which has jurisdiction to grant the judgment or decree;
and who at the time of marriage assumed the husband's surname may revert to her name as it was prior to the marriage without making an application to the director for a change of name.
An applicant is not required to include in the application for a change of name any infant children who are already registered in that name.
The Director of Child and Family Services who, or an agency as defined in The Child and Family Services Act that, is the guardian of a child or any other guardian of a child with the consent of the Director of Child and Family Services may make an application to the director for a change of name of the child.
A married person who is living separate and apart from her husband or his wife,
(a) pursuant to an order, judgment, decision or decree of any court in Canada, in respect of which no appeal is pending, any appeal taken has been dismissed and all rights to and time for appeal or further appeal has expired; or
(b) pursuant to a valid separation agreement executed by the married person and his or her spouse; or
(c) pursuant to a voluntary arrangement between them as evidenced by an affidavit sworn by the applicant;
may apply to the director for a change of name.
A married person who is living separate and apart from his or her spouse as mentioned in subsection (14) and who has legal or actual custody of any of their unmarried infant children, may apply to the director for the change of name of those infant children with the written consent of the spouse.
Where an application made by a married person for a change of name is accompanied by evidence that the applicant has given notice of the application to the spouse of the applicant, the director shall not register the change of name
(a) until the expiry of 14 days after the date on which the director received satisfactory evidence that the spouse did receive a notice of the application; and
(b) where pursuant to subsection (3) the director receives a notice from the spouse that the spouse has made an application under subsection (2), until the court dismisses the application of the spouse.
A person who receives notice that his or her spouse has made or will be making an application for a change of name may, within 10 days of the receipt of the notice, apply to the Court of Queen's Bench for an order directing the director not to register the change of name.
A person who applies to the court under subsection (2), shall forthwith notify the director of the application.
Where an application is made under subsection (2), the court may dismiss the application or, if it is satisfied that the change of name would have a serious effect on the spouse of the person applying for the change of name or of any children of the marriage, it may direct the director not to register the change of name.
An application shall be made in the form prescribed by regulation.
On receipt of the proper application and payment of the prescribed fee the director may, in his discretion, register the change of name and issue a certificate of change of name.
On the issue of a certificate of change of name, the director shall cause a notice of the change of name to be published forthwith at the expense of the applicant in the Manitoba Gazette.
Upon the refusal of the director to register a change of name, a person affected by the refusal may, upon at least 10 days notice to the director and to such other persons as the court may direct, apply to the Court of Queen's Bench to review the decision of the director and the court may make an order directing the director to register the change of name or may dismiss the application.
The registration and the issue of a certificate of change of name shall, for all purposes whatsoever, effect a change of name according to the tenor of the registration.
The original certificate of change of name shall be issued to the applicant and a duplicate copy shall be kept in the office of the director, and a notation recorded and indexed in the records of the office maintained for that purpose.
Upon payment of the prescribed fee the director, in his discretion, may issue a certified copy of a certificate of change of name.
Any person, upon payment of the prescribed fee, may cause a search to be made of the index maintained under subsection (1).
A certificate, a duplicate certificate, or a certified copy of a certificate of change of name issued by the director shall, for all purposes, be conclusive evidence of the facts stated therein.
Upon registration of a change of name the director shall, without charge, alter all records maintained under The Vital Statistics Act which are affected by the change of name.
Without restricting the effect which a change of name may have at law, any person whose name has been changed in accordance with the provisions of this Act shall, upon production of a certificate, a duplicate certificate, or a certified copy thereof and upon satisfactory proof of identity, be entitled to have a memorandum of the change of name endorsed on any and every record, certificate, instrument, document, contract, or writing whatsoever, whether public or private, upon payment of such fees, if any, as are prescribed in that behalf by statute or regulation.
Any person who by fraud or misrepresentation obtains a change of name under this Act is guilty of an offence and liable, on summary conviction, to a fine not exceeding $500 or to imprisonment for a term not exceeding three months.
The director may, if satisfied that any change of name has been obtained by fraud or misrepresentation, annul the change by order, effective from a date stated therein.
A memorandum of the order shall be endorsed on the records of the change of name maintained by the director and notice of the annulment shall be published forthwith in the Manitoba Gazette.
Where a change of name has been annulled, the director may by order require any person to whom a certificate, a duplicate certificate, or a certified copy thereof has been issued to surrender it forthwith; and any person who refuses or neglects to comply with such an order is guilty of an offence and liable on summary conviction to a fine not exceeding $100.
Except in the case of a change of name to that of the spouse upon marriage and subject to The Vital Statistics Act and subsection 60(3) of The Child and Family Services Act, no change of name in the province on or after July 1, 1938 has any effect unless it is or was made in accordance with this Act or any Act for which this Act was substituted.
Where the signature of the director is required for any of the purposes of this Act, the signature may be written, engraved, lithographed or reproduced by an other mode of reproducing words in readable form.
Every document issued under this Act under the signature of the director is and remains valid, notwithstanding that the director has ceased to hold office before the issue of the document.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation and order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,
(a) prescribing the forms to be used under this Act;
(b) prescribing fees to be paid under this Act.