jswizzle3737/ontario_laws_and_regs huggingface dataset:
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 of Justice or the Family Court; (“tribunal”) “file” means file in the office of the Registrar General; (“déposer”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “Registrar General” means the Registrar General under the Vital Statistics Act; (“registraire général de l’état civil”) “spouse” has the same meaning as in section 1 of the Family Law Act. (“conjoint”)  R.S.O. 1990, c. C.7, s. 1; 2000, c. 26, Sched. B, s. 5 (1); 2020, c. 25, Sched. 2, s. 4 (1); 2020, c. 34, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 5 (1) - 06/12/2000 2012, c. 8, Sched. 6, s. 1 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 2020, c. 25, Sched. 2, s. 4 (1) - 01/03/2021; 2020, c. 34, Sched. 3, s. 1 - 30/04/2021
1.1 The Registrar General may delegate in writing any or all of his or her powers and duties under this Act to any person, subject to any restrictions set out in the delegation.  2012, c. 8, Sched. 6, s. 2. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 6, s. 2 - 01/09/2016
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 (c)  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.  R.S.O. 1990, c. C.7, s. 2 (1). Saving (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.  R.S.O. 1990, c. C.7, s. 2 (2). Surname and forename (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). Exception (4) Despite subsection (3), a person’s name may be changed under this Act to a single name that is determined in accordance with the person’s traditional culture if, (a)  the applicant for the change of name provides the Registrar General with the prescribed evidence, if any; and (b)  the Registrar General approves the single name. 2016, c. 5, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 4, s. 1 - 01/01/2017 3 Repealed: 2020, c. 34, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 17, s. 1 - 04/06/1998; 1998, c. 18, Sched. E, s. 46 - 18/12/1998; 1999, c. 6, s. 4 (1, 2) - 01/03/2000 2000, c. 26, Sched. B, s. 5 (2) - 30/12/2011 2005, c. 5, s. 5 - 09/03/2005 2009, c. 11, s. 1 (1, 2) - 14/05/2009 2016, c. 5, Sched. 4, s. 2 (1, 2) - 01/01/2017 2020, c. 34, Sched. 3, s. 2 - 30/04/2021 Change of Name of Person over Sixteen
4 (1) A person at least 16 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, (a)  his or her forename or surname or both; or (b)  his or her single name, if the person has a single name. 2016, c. 5, Sched. 4, s. 3. Exception, confidential change of name (1.1) The residency requirement set out in subsection (1) does not apply in respect of an applicant for a change of name that has been certified as described in subsection 8 (2) by the Attorney General or a person authorized by the Attorney General.  2009, c. 33, Sched. 2, s. 9. Notice to spouse (2) An applicant who is a spouse shall give the other spouse notice of the application. 2020, c. 34, Sched. 3, s. 3. Consent required where applicant under 18 (3) An application by a child requires the written consent of every person who has lawful custody of the child.  R.S.O. 1990, c. C.7, s. 4 (3). Application to dispense with consent (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.  R.S.O. 1990, c. C.7, s. 4 (4). How application determined (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). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 9 - 15/12/2009 2016, c. 5, Sched. 4, s. 3 - 01/01/2017 2020, c. 34, Sched. 3, s. 3 - 30/04/2021 Change of Child’s Name
5 (1) Unless a court order or separation agreement prohibits the change, a person described in subsection (1.1) may apply to the Registrar General in accordance with section 6 to change, (a)  the child’s forename or surname or both; or (b)  the child’s single name, if the child has a single name. 2016, c. 5, Sched. 4, s. 4. Same (1.1) Subsection (1) applies to 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. 2016, c. 5, Sched. 4, s. 4. Consents required (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.  R.S.O. 1990, c. C.7, s. 5 (2). Same (2.1) If a person is declared under section 10, 11 or 13 of the Children’s Law Reform Act to be a parent of a child and obtains an order under section 17 of that Act changing the child’s surname, an application under subsection (1) also requires that person’s written consent. 2016, c. 23, s. 37 (1). Where child lacks capacity (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.  R.S.O. 1990, c. C.7, s. 5 (3). Application to dispense with 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.  R.S.O. 1990, c. C.7, s. 5 (4). Same (4.1) If the consent that cannot be obtained or is refused is the consent required under subsection (2.1), the application under subsection (4) may be made to the Ontario Court of Justice, the Family Court or the Superior Court of Justice.  2009, c. 11, s. 2 (2). How application determined (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. 5 (5). Notice to persons with access (6) The applicant under subsection (1) shall give notice of the application to every person who is lawfully entitled to access to the child.  R.S.O. 1990, c. C.7, s. 5 (6). Notice to spouse (7) An applicant who proposes to change the child’s surname to the surname of the applicant’s spouse shall give the spouse notice of the application. 2020, c. 34, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2009, c. 11, s. 2 (1, 2) - 01/03/2010 2016, c. 5, Sched. 4, s. 4 - 01/01/2017; 2016, c. 23, s. 37 (1)
- 01/01/2017 2020, c. 34, Sched. 3, s. 4 - 30/04/2021 Procedure Application
9 (1) A person whose name has been changed under this Act is entitled to have the change of name noted on any public or private record or document that mentions the person’s name, on payment of any applicable fee prescribed by law and on producing satisfactory proof of identity and the change of name certificate or new birth certificate.  R.S.O. 1990, c. C.7, s. 9; 2016, c. 5, Sched. 4, s. 8 (1). Exception (2) A public or private record or document that is mentioned in subsection (1) does not include a registration made under the Vital Statistics Act, a certified copy of such a registration or a certificate issued under that Act. 2016, c. 5, Sched. 4, s. 8 (2). Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 4, s. 8 (1, 2) - 01/01/2017 Revocation of Change of Name
10 (1) A person who has reason to believe that a change of name has been obtained under this Act or a predecessor of it by fraud or misrepresentation or for an improper purpose may apply to the court for an order revoking the change of name.  R.S.O. 1990, c. C.7, s. 10 (1). Affidavit giving reasons (2) The application shall be accompanied by the applicant’s affidavit setting out the reasons for believing that the change of name was obtained by fraud or misrepresentation or for an improper purpose.  R.S.O. 1990, c. C.7, s. 10 (2). Service of applications (3) Notice of the application shall be served on such persons as the court directs.  R.S.O. 1990, c. C.7, s. 10 (3). Revocation of change of name (4) If the court is satisfied that the change of name was obtained by fraud or misrepresentation or for an improper purpose, the court may by order revoke it in whole or in part.  R.S.O. 1990, c. C.7, s. 10 (4). Clerk to send copy of order to Registrar General (5) The clerk of the court shall send a certified copy of the order to the Registrar General.  R.S.O. 1990, c. C.7, s. 10 (5). Surrender of certificate on revocation; notice (6) On receiving a copy of the order, the Registrar General, (a)  may require the person to whom a birth certificate or change of name certificate has been issued in connection with the change of name to surrender it immediately; (b)  shall promptly cause a notice of the revocation to be published in The Ontario Gazette; (b.1)  shall cause notice of the revocation to be given to the Ministry of the Solicitor General if the Ministry was given notice of the change of name under clause 8 (1) (b.1); and (c)  shall cause notice of the revocation to be given to any persons who were given notice of the change of name under clause 8 (1) (c) (notice to sheriff, etc.).  R.S.O. 1990, c. C.7, s. 10 (6); 1997, c. 17, s. 5 (1); 2009, c. 33, Sched. 17, s. 3 (1); 2020, c. 34, Sched. 3, s. 8 (1). Further notice (7) On receiving notice under clause (6) (b.1), the Ministry of the Solicitor General shall give notice of the revocation to every ministry, police force, agency or institution to whom the Ministry had previously given notice under subsection 8 (1.2) and subsections 39 (2) of the Freedom of Information and Protection of Privacy Act and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to the collection of personal information under clause (6) (b.1) or this subsection.  1997, c. 17, s. 5 (2); 2009, c. 33, Sched. 17, s. 3 (1); 2020, c. 34, Sched. 3, s. 8 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 10 (7) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 3 (4)) Section Amendments with date in force (d/m/y) 1997, c. 17, s. 5 (1, 2) - 04/06/1998 2009, c. 33, Sched. 17, s. 3 (1) - 15/12/2009 2018, c. 3, Sched. 5, s. 3 (4) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 3 (4) - not in force 2020, c. 34, Sched. 3, s. 8 (1, 2) - 30/04/2021 Appeals Appeals
11 (1) An appeal from an order under subsection 4 (4) or 5 (4) (dispensing with consent) may be made by the applicant or the person whose consent is dispensed with to, (a)  the Superior Court of Justice, if the order was made in the Ontario Court of Justice; (b)  the Divisional Court, if the order was made in the Family Court; or (c)  the proper appellate court as determined under the Courts of Justice Act, if the order was made in the Superior Court of Justice and not in the Family Court. 2020, c. 25, Sched. 2, s. 4 (2). Appeal from review of Registrar General’s refusal (2) An appeal from an order under subsection 7 (5) (review of Registrar General’s refusal of application) may be made by the applicant or the Registrar General to, (a)  the Superior Court of Justice, if the order was made in the Ontario Court of Justice; (b)  the Divisional Court, if the order was made in the Family Court; or (c)  the proper appellate court as determined under the Courts of Justice Act, if the order was made in the Superior Court of Justice and not in the Family Court. 2020, c. 25, Sched. 2, s. 4 (2). Appeal from revocation of change of name (3) An appeal from an order under subsection 10 (4) (revocation of change of name) may be made by the applicant, the Registrar General or the person to whom the change of name order relates to, (a)  the Superior Court of Justice, if the order was made in the Ontario Court of Justice; or (b)  the Divisional Court, if the order was made in the Family Court. 2020, c. 25, Sched. 2, s. 4 (2). Transition (4) This section, as it read immediately before the day subsection 4 (2) of Schedule 2 to the Moving Ontario Family Law Forward Act, 2020 came into force, continues to apply to, (a)  any case in which a notice of appeal was filed before that day; and (b)  any further appeals or proceedings arising from a case described in clause (a). 2020, c. 25, Sched. 2, s. 4 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 5 (3) - 06/12/2000 2020, c. 25, Sched. 2, s. 4 (2) - 01/03/2021 Offences
12 (1) A person who obtains a change of name under this Act by fraud or misrepresentation is guilty of an offence and on conviction is liable to a fine of not more than $2,000.  R.S.O. 1990, c. C.7, s. 12 (1). Use of name obtained by fraud, etc. (2) A person who uses a name in respect of which he or she was convicted under subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $2,000.  R.S.O. 1990, c. C.7, s. 12 (2). Use of name after refusal or revocation (3) A person who uses a name, (a)  that he or she sought to adopt in an application that was refused under section 7; or (b)  that was the subject of an order under subsection 10 (4) (revocation of change of name), knowing that the change of name was refused or revoked, as the case may be, is guilty of an offence and on conviction is liable to a fine of not more than $2,000.  R.S.O. 1990, c. C.7, s. 12 (3). Failure to surrender certificate on revocation (4) A person who knowingly fails to comply with a requirement of the Registrar General under clause 10 (6) (a) (surrender of certificate upon revocation of change) is guilty of an offence and on conviction is liable to a fine of not more than $2,000.  R.S.O. 1990, c. C.7, s. 12 (4). Use of superseded certificate (5) A person who, after his or her name is changed under this Act, knowingly uses a birth certificate or change of name certificate that was issued in Ontario and shows a former name of the person is guilty of an offence and on conviction is liable to a fine of not more than $2,000.  R.S.O. 1990, c. C.7, s. 12 (5). Limitation one year (6) No proceeding shall be commenced in respect of an offence under this Act more than one year after the Deputy Registrar General appointed under the Vital Statistics Act
becomes aware of the facts on which the proceeding is based.  R.S.O. 1990, c. C.7, s. 12 (6). Evidence (7) A statement as to the time when the Deputy Registrar General became aware of the facts on which the proceeding is based, purporting to be certified by the Deputy Registrar General, is, without proof of that person’s office or signature, evidence of the facts stated in it.  R.S.O. 1990, c. C.7, s. 12 (7). Transition
12.0.1 (1) This section applies to a person who filed a joint declaration under subsection 3 (6) before section 3 was repealed, if the joint declaration has not been revoked. 2020, c. 34, Sched. 3, s. 9. Change of name of person over 16 (2) If the person is an applicant under subsection 4 (1), the person shall give the person with whom they filed the joint declaration notice of the application. 2020, c. 34, Sched. 3, s. 9. Change of child’s name (3) If the person is an applicant under subsection 5 (1) and proposes to change the child’s surname to the surname of the person with whom they filed the joint declaration, the person shall give the person with whom they filed the joint declaration notice of the application. 2020, c. 34, Sched. 3, s. 9. Procedure (4) An application made under subsection 4 (1) or 5 (1) by the person shall state, by way of statutory declaration, in addition to the matters listed in subsection 6 (2), the full name of the other person who made the joint declaration, its date and the place where it was made. 2020, c. 34, Sched. 3, s. 9. Revocation (5) The person may revoke the joint declaration when applying for a change of name under subsection 4 (1) or when making an election to resume a surname under subsection 12.0.2 (2), in which case this section ceases to apply to them. 2020, c. 34, Sched. 3, s. 9. Clarification (6) For greater certainty, if a person revokes the joint declaration when applying for a change of name under subsection 4 (1), (a)  they do not need to give the person with whom they filed the joint declaration notice of the application, despite subsection (2) of this section; and (b)  the application need not state the full name of the other person who made the joint declaration, its date and the place where it was made, despite subsection (4) of this section. 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 Resuming pre-election surname
12.1 (1) The Registrar General may by order, (a)  set and collect fees for services that the Registrar General provides under this Act; and (b)  provide for the waiver of payment of those fees in favour of any person or class of persons.  2012, c. 8, Sched. 6, s. 4. Orders are not regulations (2) An order made under this section is not a regulation for the purposes of Part III (Regulations) of the Legislation Act, 2006.  2010, c. 16, Sched. 8, s. 3. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 48 - 18/12/1998 2010, c. 16, Sched. 8, s. 3 - 25/10/2010 2012, c. 8, Sched. 6, s. 4 - 01/09/2016 Regulations