31 (1) If the name of a person whose birth is registered in Ontario has been changed in accordance with the law of a province or territory of Canada, other than Ontario, or of a foreign state, the Registrar General shall note the change on the person’s birth registration if, (a)  the Registrar General receives the prescribed evidence that satisfies the Registrar General that the name of the person has so changed; and (b)  the following conditions are met if an applicant has requested the Registrar General to note the change on the birth registration: (i)  the Registrar General receives evidence that satisfies the Registrar General as to the identity of the person and receives all prescribed documents that are in the person’s possession, and (ii)  the applicant pays the required fee, if any. 2016, c. 23, s. 24 (1). Return of documents (1.1) If the Registrar General has noted a change on a person’s birth registration under subsection (1) and no applicant requested that it be done, the Registrar General may request the person to submit all prescribed documents that are in the person’s possession and the person shall comply with the request. 2016, c. 23, s. 24 (1). Marriage registration (2) If the Registrar General has noted a change of name on a person’s birth registration under subsection (1), if the person is married and if there is a registration of that marriage in Ontario, the Registrar General shall note the change on that registration if the person so requests and pays the required fee, if any. 2016, c. 5, Sched. 33, s. 5. Birth registration of child (3) If the Registrar General has noted a change of name on a person’s birth registration under subsection (1) and the person is named as a parent on the birth registration of a child born in Ontario, the Registrar General shall note the change on the child’s birth registration if, (a)  the person so requests and pays the required fee, if any; and (b)  subject to subsections (4), (5) and (6), the child consents, if the child is at least 16 years of age at the time of the request. 2016, c. 5, Sched. 33, s. 5; 2016, c. 23, s. 24 (2). If child lacks capacity (4) The consent of a child under subsection (3) is not required if a legally qualified medical practitioner states in writing, not more than one year before the request under that subsection is made, that in his or her opinion the child does not have capacity to consent. 2016, c. 5, Sched. 33, s. 5. Application to dispense with consent (5) If the required consent cannot be obtained or is refused, the person making the request under subsection (3) may apply to the Ontario Court of Justice, the Family Court or the Superior Court of Justice for an order dispensing with the consent. 2016, c. 5, Sched. 33, s. 5. How application determined (6) The court shall determine an application under subsection (5) in accordance with the best interests of the child. 2016, c. 5, Sched. 33, s. 5. Request by child (7) If the Registrar General has noted a change of name on a person’s birth registration under subsection (1), if the person is named as a parent on the birth registration of a child born in Ontario and if the child is at least 16 years of age, the Registrar General shall note the change on the child’s birth registration if the child so requests and pays the required fee, if any. 2016, c. 5, Sched. 33, s. 5; 2016, c. 23, s. 24 (3). Documents to provide (8) A person who requests the notation of a change on the person’s marriage registration under subsection (2) shall submit, with the request, all the prescribed documents that are in the person’s possession. 2016, c. 23, s. 24 (4). Same, for child’s birth registration (8.1) A person who requests the notation of a change on a child’s birth registration under subsection (3) shall, (a)  collect from the child all the prescribed documents that are in the child’s possession; and (b)  submit, with the request, all the prescribed documents that are in the person’s possession and all the prescribed documents that the person has collected under clause (a). 2016, c. 23, s. 24 (4). Documents for request by child (9) A child who requests the notation of a change on the child’s birth registration under subsection (7) shall, (a)  collect from the person on whose birth registration the Registrar General noted a change of name under subsection (1) all the prescribed documents that are in the person’s possession; and (b)  submit, with the request, all the prescribed documents that are in the child’s possession and all the prescribed documents that the child has collected under clause (a). 2016, c. 23, s. 24 (4). Sealing original birth registration (10) Upon receipt of evidence satisfactory to the Registrar General that the province or territory of Canada, other than Ontario, or foreign state in which the name of a person described in subsection (1) has been changed in accordance with the law of that province, territory or state, as the case may be, has treated the application for the change of name as confidential in accordance with subsection (11) and upon production of evidence that satisfies the Registrar General as to the identity of the person, the Registrar General may withdraw the original registration of the person’s birth in Ontario, seal it in a separate file and replace the registration with a registration of birth in the name as changed. 2016, c. 5, Sched. 33, s. 5. Confidential application (11) Subsection (10) applies to an application for a change of name if the province or territory of Canada, other than Ontario, or foreign state in which the name of the person has been changed, (a)  has sealed the application in a separate file; (b)  has not published notice of the change of name or given notice of it to any person; and (c)  has not entered the change of name in any record open to the public. 2016, c. 5, Sched. 33, s. 5. Registration, change of name annulled (12) Upon receipt of the prescribed evidence that satisfies the Registrar General that a document effecting a change of name described in subsection (1) has been annulled in accordance with the law of the province or territory of Canada, other than Ontario, or of the foreign state in which the change of name was made and upon production of evidence that satisfies the Registrar General as to the identity of the person, the Registrar General shall note the annulment on, (a)  the person’s birth registration, if any, (b)  the person’s marriage registration, if the change of name that is annulled was noted on that registration under subsection (2); and (c)  the birth registration of a child, if the change of name that is annulled was noted on that registration under subsection (3) or (7). 2016, c. 5, Sched. 33, s. 5. Documents to provide (13) If the Registrar General notes an annulment of a change of name of a person under subsection (12), the Registrar General may request that, (a)  the person submit to the Registrar General all of the prescribed documents that are in the person’s possession; (b)  the applicant under subsection (1) submit to the Registrar General all of the prescribed documents that are in the applicant’s possession if the applicant is not the person; and (c)  a child submit to the Registrar General all of the prescribed documents that are in the child’s possession if the change of name that is annulled was noted on the birth registration of the child. 2016, c. 23, s. 24 (5). Compliance with request (14) A person who receives a request under subsection (13) shall comply with it. 2016, c. 23, s. 24 (5). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. F, s. 44 - 22/12/1999 CTS 13 JL 12 - 7 - 13/07/12 2012, c. 8, Sched. 58, s. 7 - 01/09/2016 2016, c. 5, Sched. 33, s. 5 - 01/01/2017; 2016, c. 23, s. 24 (1-5)
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