Posted April, 1996

No claim for copyright is made to these materials. Ontario claims copyright to these. See Ontario notice of copyright. Neither is there any claim that the materials are accurate. Document is shown as is. For accurate reference resort must be made to printed statutes. See Publications Ontario in Toronto.

Return to Selected Canadian Statutory Documents

Definitions

1. In this Act,

"change" means any change by way of alteration, substitution, addition or abandonment; ("changement")

"child" means a person under the age of eighteen years; ("enfant")

"court" means the Ontario Court (Provincial Division); ("tribunal")

"file" means file in the office of the Registrar General; ("d,poser")

"joint declaration" means the declaration referred to in subsection 3 (6); ("d,claration commune")

"prescribed" means prescribed by the regulations made under this Act; ("prescrit")

"Registrar General" means the Registrar General under the Vital Statistics Act; ("registraire g,n,ral")

"spouse" has the same meaning as in section 1 of the Family Law Act. ("conjoint") R.S.O. 1990, c. C.7, s. 1.

2.--(1) For all purposes of Ontario law,

(a) a person whose birth is registered in Ontario is entitled to be recognized by the name appearing on the person's birth certificate or change of name certificate, unless clause (c) applies;

(b) a person whose birth is not registered in Ontario is entitled to be recognized by,

(i) the name appearing on the person's change of name certificate, if the person's name has been changed under this Act or a predecessor of it, or

(ii) in all other cases, the name recognized in law in the last place with which the person had a real and substantial connection before residing in Ontario,

unless clause (c) applies; and

a person who adopted a name on marriage before the 1st day of April, 1987 is entitled to be recognized by that name unless the person subsequently changed that name under this Act or a predecessor of it.

(2) Nothing in this Act shall be deemed to affect a change of name effected under a right that existed at law before the 26th day of June, 1939.

(3) A person's name may not be changed under this Act so as to include no surname or so as to include no forename. R.S.O. 1990, c. C.7, s. 2.

3.--(1) A spouse may, at any time while married, elect in the prescribed manner,

(a) to change his or her surname to,

(i) the surname that the other spouse had immediately before their marriage,

(ii) a surname consisting of the surnames that both spouses had immediately before their marriage, hyphenated or combined; or

(b) to resume the surname that the spouse had immediately before the marriage.

(2) Within ninety days after a marriage is dissolved by divorce, annulment or death, the former spouse may elect in the prescribed manner to resume the surname that the spouse had immediately before the marriage.

(3) A person who wishes to elect under subsection (1) or (2) shall pay the prescribed fee and provide the prescribed documents, accompanied by all birth certificates and change of name certificates that are in the person's possession.

(4) On receiving the fee and documents, the Registrar General shall,

(a) if the person's birth was registered in Ontario, register the change of name, note it on the birth registration and issue a change of name certificate and a new birth certificate to the person; and

(b) if the person's birth was not registered in Ontario, register the change of name and issue a change of name certificate to the person.

(5) This section applies to spouses whether married before or after the 1st day of April, 1987.

(6) Subsection (1) applies with necessary modifications to a man and woman who file a joint declaration in the prescribed form acknowledging that they live together in a conjugal relationship outside marriage.

(7) Subsection (2) applies with necessary modifications to a man and woman who have filed a joint declaration if one of them files a declaration, in the prescribed form, stating that the relationship has ended.

(8) A person who elects to change his or her surname under this section need not notify the other spouse or other person. R.S.O. 1990, c. C.7, s. 3.

4.--(1) A person at least sixteen years of age who has been ordinarily resident in Ontario for at least one year immediately before making the application may apply to the Registrar General in accordance with section 6 to change his or her forename or surname or both.

(2) An applicant who is a spouse or has filed a joint declaration that has not been revoked shall give the other spouse or other person notice of the application.

(3) An application by a child requires the written consent of every person who has lawful custody of the child.

(4) If the required consent cannot be obtained or is refused, the child may apply to the court for an order dispensing with the consent.

(5) The court shall determine an application under subsection (4) in accordance with the best interests of the child. R.S.O. 1990, c. C.7, s. 4.

5. (1) A person with lawful custody of,

(a) a child whose birth was registered in Ontario and who is ordinarily resident there; or

(b) a child who has been ordinarily resident in Ontario for at least one year immediately before the application is made,

may apply to the Registrar General in accordance with section 6 to change the child's forename or surname or both, unless a court order or separation agreement prohibits the change.

(2) The application under subsection (1) requires the written consent of,

(a) any other person with lawful custody of the child;

(b) any person whose consent is necessary in accordance with a court order or separation agreement; and

(c) the child, if the child is twelve years of age or older.

(3) Clause (2) (c) does not apply if a legally qualified medical practitioner states in writing, not more than one year before the application is made, that in his or her opinion the child does not have capacity to consent.

(4) If the required consent cannot be obtained or is refused, the person seeking to change the child's name may apply to the court for an order dispensing with that consent.

(5) The court shall determine an application under subsection (4) in accordance with the best interests of the child.

(6) The applicant under subsection (1) shall give notice of the application to every person who is lawfully entitled to access to the child.

(7) An applicant who proposes to change the child's surname to the surname of the applicant's spouse or of a person with whom the applicant has filed a joint declaration that has not been revoked shall give the spouse or other person notice of the application. R.S.O. 1990, c. C.7, s. 5.

6.--(1) In this section, "application" means an application made under subsection 4 (1) or 5 (1). ("demande")

(2) An application shall be in the prescribed form and shall state, by way of statutory declaration, in respect of the person to whose name the application relates,

(a) the person's date and place of birth;

(b) if the person is married, the full name, before marriage, of the person's spouse and the date and place of the marriage;

(c) if the person has filed a joint declaration that has not been revoked, the full name of the other person who made the joint declaration, its date and the place where it was made;

(d) the full names, and all former names, if known, of the person's father and mother;

(e) the length of the person's residence in Ontario, and the person's current address;

(f) in the case of an application under subsection

5 (1),

(i) that the applicant has lawful custody of the child,

(ii) that no court order or separation agreement prohibits the change of name that is sought,

(iii) whether a court order or separation agreement provides that the child's name shall not be changed without a person's consent and, if so, particulars of the order or agreement;

(g) particulars of every criminal offence of which the person has been convicted, except an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada);

(h) particulars of every criminal offence of which the person has been found guilty under the Young Offenders Act (Canada), except an offence in respect of which that Act requires that the record be destroyed;

(i) particulars of every unsatisfied order for payment of money, unsatisfied execution and pending court proceeding against the person of which he or she is aware;

(j) particulars of every,

(i) lien against or security interest in the person's personal property, and

(ii) financing statement that is registered under the Personal Property Security Act and names the person as debtor,

of which he or she is aware;

(k) whether the person is an undischarged bankrupt and, if so, particulars of the bankruptcy;

(l) particulars of any change of name made before the current application;

(m) the proposed name;

(n) the reasons for the change of name;

(o) that every consent required for the application has been given or has been dispensed with by the court;

(p) that every person entitled to notice of the application has been given notice;

(q) that the application is not made for an improper purpose; and

(r) any other information that is prescribed.

(3) An application shall be accompanied by a statement in the prescribed form, made by a member of a prescribed class or, if no member of a prescribed class is available, any other person.

(4) If the author of the statement is a member of a prescribed class, it shall set out that the person to whose name the application relates is known to the author and has, to the author's knowledge, resided in Ontario for at least one year immediately before the making of the application or, if the person is less than one year old, since birth.

(5) If the author of the statement is a person who is not a member of a prescribed class, it shall set out that the person to whose name the application relates has been known to the author for at least five years or, if the person is less than five years old, since birth, and has, to the author's knowledge, resided in Ontario for at least one year immediately before the making of the application or, if the person is less than one year old, since birth. (6) If a person's consent to an application is required, the applicant shall provide with the application that person's written consent or a certified copy of the order dispensing with that person's consent.

(7) If a person is entitled to notice of an application, the applicant shall provide, with the application,

(a) an acknowledgment of notice, signed by the person entitled to notice; or

(b) evidence satisfactory to the Registrar General that, at least thirty days before the filing of the application, notice and a copy of the application were sent by registered or certified mail to the last known address of the person entitled to notice.

(8) An application shall be accompanied by all birth certificates and change of name certificates of the person to whose name the application relates that are in the applicant's possession. R.S.O. 1990, c. C.7, s. 6.

7.--(1) When an applicant under subsection 4 (1) or 5 (1) complies with the requirements of this Act and pays the prescribed fee,

(a) if the birth of the person to whose name the application relates was registered in Ontario, the Registrar General shall register the change of name, note it on the birth registration and issue a change of name certificate and a new birth certificate to the person;

(b) if the person's birth was not registered in Ontario, the Registrar General shall register the change of name and issue a change of name certificate to the person,

unless the Registrar General believes on reasonable grounds that the applicant seeks the change of name for an improper purpose.

(2) If the Registrar General believes on reasonable grounds that an applicant seeks the change of name for an improper purpose, the Registrar General shall,

(a) refuse the application; and

(b) advise the applicant and any person who was entitled to notice of the application,

(i) that it was refused, and

(ii) that the applicant has the right to make an application under subsection (3).

(3) The applicant whose application is refused may, on notice to the Registrar General, apply to the court for an order granting the application.

(4) The Registrar General may file with the court his or her reasons for refusing the application and the court may take them into account if it is satisfied that the applicant has had notice of the reasons and an opportunity to respond to them..