7 (1) If an applicant under subsection 4 (1) or 5 (1) complies with the requirements of this Act and pays the required fee, then, unless the Registrar General believes on reasonable grounds that the applicant seeks the change of name for an improper purpose, the Registrar General shall, in accordance with the Vital Statistics Act, (a)  if the birth of the person to whose name the application relates was registered in Ontario under that Act or a predecessor of it, 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; or (b)  if the birth of the person to whose name the application relates was not registered in Ontario under that Act or a predecessor of it, register the change of name and issue a change of name certificate to the person. 2016, c. 5, Sched. 4, s. 6 (1). Marriage registration (1.1) If the Registrar General has registered a change of name of a person under subsection (1), if the person is married and if there is a registration of that marriage under the
Vital Statistics Act or a predecessor of that Act, the Registrar General shall note the change on that marriage registration in accordance with the Vital Statistics Act if the applicant under subsection (1) or the person so requests and pays the required fee, if any. 2016, c. 5, Sched. 4, s. 6 (1). Birth registration of child (1.2) If the Registrar General has registered a change of name of a person 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 in accordance with the Vital Statistics Act if, (a)  the applicant under subsection (1) or the person so requests and pays the required fee, if any; and (b)  subject to subsections (1.3), (1.4) and (1.5), the child consents, if the child is at least 16 years of age at the time of the request. 2016, c. 5, Sched. 4, s. 6 (1); 2016, c. 23, s. 37 (4). If child lacks capacity (1.3) The consent of a child under subsection (1.2) 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. 4, s. 6 (1). Application to dispense with consent (1.4) If the required consent cannot be obtained or is refused, the person requesting the notation of a change under subsection (1.2) 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. 4, s. 6 (1). How application determined (1.5) The court mentioned in subsection (1.4) shall determine an application under that subsection in accordance with the best interests of the child. 2016, c. 5, Sched. 4, s. 6 (1). Request by child (1.6) If the Registrar General has registered a change of name of a person 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 in accordance with the Vital Statistics Act if the child so requests and pays the required fee, if any. 2016, c. 5, Sched. 4, s. 6 (1); 2016, c. 23, s. 37 (5). Documents to provide (1.7) An applicant or person who requests the notation of a change on the person’s marriage registration under subsection (1.1) shall submit, with the request, all the prescribed documents that are in the possession of the applicant or person, as the case may be. 2016, c. 23, s. 37 (6). Same, for child’s birth registration (1.7.1) An applicant or person who requests the notation of a change on a child’s birth registration under subsection (1.2) 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 possession of the applicant or person, as the case may be, and all the prescribed documents that the applicant or person, as the case may be, has collected under clause (a). 2016, c. 23, s. 37 (6). Documents for request by child (1.8) A child who requests the notation of a change on the child’s birth registration under subsection (1.6) shall, (a)  if the Registrar General has registered a change of name of a person under subsection (1), collect from the person 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. 37 (6). Refusal of application (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).  R.S.O. 1990, c. C.7, s. 7 (2). Application to court (3) The applicant whose application is refused may, on notice to the Registrar General, apply to the court for an order granting the application.  R.S.O. 1990, c. C.7, s. 7 (3). Registrar General’s reasons for refusal (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.  R.S.O. 1990, c. C.7, s. 7 (4). Power of court (5) If the court is satisfied that the applicant does not seek the change of name for an improper purpose, the court shall, by order, grant the application.  R.S.O. 1990, c. C.7, s. 7 (5). Duty of Registrar General (6) On receiving a certified copy of the order, the Registrar General shall, in accordance with the Vital Statistics Act, (a)  if the birth of the person to whose name the application relates 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; (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.  R.S.O. 1990, c. C.7, s. 7 (6); 2016, c. 5, Sched. 4, s. 6 (2, 3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 47 - 18/12/1998 2016, c. 5, Sched. 4, s. 6 (1-3) - 01/01/2017; 2016, c. 23, s. 37 (4-6)
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