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O. Reg. 489/16: GENERAL
filed December 29, 2016 under Change of Name Act, R.S.O. 1990, c. C.7
Skip to contentontario regulation 489/16
made under the
Change of Name Act
Made: December 14, 2016
Filed: December 29, 2016
Published on e-Laws: December 29, 2016
Printed in The Ontario Gazette: January 14, 2017
Amending Reg. 68 of R.R.O. 1990
(GENERAL)
1. (1) Subsection 1 (3) of Regulation 68 of the Revised Regulations of Ontario, 1990 is amended by adding the following paragraphs:
4. All birth certificates and certified copies of the birth registration of the spouse making the election.
5. If the spouse making the election has changed his or her name since the registration of birth, photocopies of all change of name certificates or photocopies of all change of name documents issued by the proper authority of the jurisdiction where the change of name occurred.
(2) Subsections 1 (4) and (5) of the Regulation are revoked.
2. (1) The heading to section 4 of the Regulation is revoked and the following substituted:
Accompanying Statement and Documents
(2) Section 4 of the Regulation is amended by adding the following subsection:
(3) A person who applies under subsection 4 (1) of the Act to change his or her name to a single name, regardless of whether the person has a single name at the time of applying, shall include in the application,
(a) a statement to establish that the applicant identifies as a member of a traditional culture that has a single naming practice; and
(b) evidence to establish that the traditional culture mentioned in clause (a) has a single naming practice.
(3) Section 4 of the Regulation is amended by adding the following subsection:
(4) A person who has lawful custody of a child and who applies under subsection 5 (1) of the Act to change the name of the child to a single name, regardless of whether the child has a single name at the time of the application, shall include in the application,
(a) if the applicant is a parent of the child, a statement that either the applicant or the child identifies as a member of a traditional culture that has a single naming practice;
(b) if the applicant is not a parent of the child, a statement that the child identifies as a member of a traditional culture that has a single naming practice; and
(c) evidence to establish that the traditional culture mentioned in clause (a) or (b), as the case may be, has a single naming practice.
(4) Section 4 of the Regulation is amended by adding the following subsection:
(5) For the purposes of subsection 6 (8) of the Act, the prescribed documents consist of,
(a) all birth certificates and certified copies of the birth registration of the person to whose name the change of name application relates, if the person’s birth was registered in Ontario or in a province or territory of Canada, other than Ontario;
(b) photocopies of all birth certificates and certified copies of the birth registration of the person to whose name the change of name application relates, if the person’s birth was registered in a jurisdiction that is a foreign state; and
(c) if the person to whose name the change of name application relates has changed his or her name since the registration of their birth, photocopies of all change of name certificates or photocopies of all change of name documents issued by the proper authority of the jurisdiction where the change of name occurred.
(5) Section 4 of the Regulation is amended by adding the following subsections:
(6) For the purposes of subsection 7 (1.7) of the Act, the prescribed documents that an applicant or person who requests the notation of a change on the person’s marriage registration under subsection 7 (1.1) of the Act is required to submit with the request consist of,
(a) a photocopy of the change of name certificate issued to the person as described in subsection 7 (1) of the Act;
(b) if the Registrar General requires the applicant or person to submit them to the Registrar General, copies of all previous change of name certificates or change of name documents for the person issued by the proper authority of the jurisdiction issuing them since the person’s marriage registration described in subsection 7 (1.1) of the Act; and
(c) all marriage certificates with respect to that registration and all certified copies of that registration.
(7) For the purposes of subsection 7 (1.7.1) of the Act, the prescribed documents that an applicant or person who requests the notation of a change on a child’s birth registration under subsection 7 (1.2) of the Act is required to submit with the request consist of,
(a) a photocopy of the change of name certificate issued to the person as described in subsection 7 (1) of the Act;
(b) if the Registrar General requires the applicant or person to submit them to the Registrar General, copies of all previous change of name certificates or change of name documents for the person issued by the proper authority of the jurisdiction issuing them since the child’s birth registration;
(c) all birth certificates of the child and all certified copies of the birth registration of the child; and
(d) if the child is at least 16 years of age,
(i) the child’s consent, in the form approved by the Registrar General, to the request,
(ii) a copy of a court order dispensing with the child’s consent to the request, certified by the court, or
(iii) the written statement of a legally qualified medical practitioner as described in subsection 7 (1.3) of the Act.
(8) For the purposes of subsection 7 (1.8) of the Act, the prescribed documents that a child who requests the notation of a change on his or her birth registration under subsection 7 (1.6) is required to submit with the request consist of,
(a) a photocopy of the change of name certificate issued to the person as described in subsection 7 (1) of the Act;
(b) if the Registrar General requires the child to submit them to the Registrar General, copies of all previous change of name certificates or change of name documents for the person issued by the proper authority of the jurisdiction issuing them since the child’s birth registration; and
(c) all birth certificates of the child and all certified copies of the birth registration of the child.
3. The Regulation is amended by adding the following section:
General
7. (1) If all or part of a prescribed document that a person is required to submit to the Registrar General under this Regulation is written in a language other than English or French, the person shall submit with the document,
(a) a translation into English or French done by a person whom the Registrar General views as a professional translator, together with the translator’s written declaration described in subsection (2); or
(b) a translation into English or French, together with the translator’s written declaration described in subsection (2) that is sworn under oath.
(2) The translator’s declaration shall state that,
(a) the translator understands the language of the translated document and the language of the original document; and
(b) the translator is of the opinion that the translation is complete and correct.
Commencement
4. (1) Subject to subsections (2) to (7), this Regulation comes into force on the day it is filed.
(2) Subsection 1 (1) comes into force on the later of the day subsection 2 (1) of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force and the day this Regulation is filed.
(3) Subsection 1 (2) and section 3 come into force on the later of the day section 9 of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force and the day this Regulation is filed.
(4) Subsections 2 (1) and (4) come into force on the later of the day section 5 of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force and the day this Regulation is filed.
(5) Subsection 2 (2) comes into force on the latest of the day section 3 of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force, the day section 37 of the All Families Are Equal (Parentage and Related Registrations Statute Law Amendment Act), 2016 comes into force and the day this Regulation is filed.
(6) Subsection 2 (3) comes into force on the latest of the day section 4 of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force, the day section 37 of the All Families Are Equal (Parentage and Related Registrations Statute Law Amendment Act), 2016 comes into force and the day this Regulation is filed.
(7) Subsection 2 (5) comes into force on the latest of the day subsection 6 (1) of Schedule 4 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force, the day section 37 of the All Families Are Equal (Parentage and Related Registrations Statute Law Amendment Act), 2016 comes into force and the day this Regulation is filed.