12.0.2 (1) This section applies to a person who elected before April 30, 2021 to change their surname under section 3, before that section was repealed on that date, to, (a)  the surname that their spouse had immediately before their marriage; (b)  a surname consisting of the surnames that both spouses had immediately before their marriage, hyphenated or combined; (c)  the surname that the person with whom they filed a joint declaration under subsection 3 (6), before section 3 was repealed, had immediately before their conjugal relationship; or (d)  a surname consisting of the surnames that both they and the person with whom they filed a joint declaration under subsection 3 (6), before section 3 was repealed, had immediately before their conjugal relationship, hyphenated or combined. 2020, c. 34, Sched. 3, s. 9. Election to resume surname (2) The person may elect to resume the surname that they had immediately before the marriage or conjugal relationship. 2020, c. 34, Sched. 3, s. 9. Exception (3) Subsection (2) does not apply if the person, after the election referred to in subsection (1), had any of their names changed under, (a)  an application under subsection 4 (1) or 5 (1); (b)  the law of a province or territory of Canada, other than Ontario; or (c)  the law of a foreign state. 2020, c. 34, Sched. 3, s. 9. Exception to the exception (4) Despite subsection (3), subsection (2) does apply if the person’s most recent change of name was an election under section 3 before it was repealed, and the person is electing to resume the surname that they had immediately before the marriage or conjugal relationship that that election related to. 2020, c. 34, Sched. 3, s. 9. Clarification (5) For greater certainty, nothing in this section prohibits an application for a change of name under subsection 4 (1) or 5 (1). 2020, c. 34, Sched. 3, s. 9. Procedure (6) A person who wishes to make an election under subsection (2) shall do so in the prescribed manner, pay the required fee, if any, and provide all the prescribed documents that are in the person’s possession. 2020, c. 34, Sched. 3, s. 9. Police records check (7) A person who wishes to make an election under subsection (2) shall provide the Registrar General with a police records check, as described in subsections 6 (9) and (10), if it would be required for an application under subsection 4 (1) or 5 (1). 2020, c. 34, Sched. 3, s. 9. No notice required (8) A person who elects to change their surname under this section need not inform the other spouse or person with whom they filed a joint declaration under subsection 3 (6) before section 3 was repealed. 2020, c. 34, Sched. 3, s. 9. Certificate (9) On receiving the fee, if any, and documents, the Registrar General shall, in accordance with the Vital Statistics Act, (a)  if the person’s birth 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 person’s birth 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. 2020, c. 34, Sched. 3, s. 9. Application of other sections (10) Sections 7.1 and 8 apply with respect to a change of name requested under this section, and for that purpose, the following modifications apply: 1.  A reference in section 7.1 or 8 to an application for a change of name shall be read as a reference to a request for an election under this section. 2.  The reference in subsection 7.1 (1) to section 4 or 5 shall be read as a reference to this section. 3.  The reference in subsection 7.1 (3) to subsections 7 (1) and (2) shall be read as a reference to subsection (9) of this section. 4.  The reference in subsection 7.1 (3) to subsection 6 (9) shall be read as a reference to subsection (7) of this section. 5.  Clause 8 (1) (c) does not apply. 2020, c. 34, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 3, s. 9 - 30/04/2021 12.0.3 repealed: 2020, c. 34, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 3, s. 9 - 30/04/2021