31.1 (1) If the name of a person born outside of Ontario has been changed in accordance with the law of a province or territory of Canada, other than Ontario, or of a foreign state, 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 marriage registration if, (a)  the person so requests and pays the required fee, if any; and (b)  the Registrar General receives, (i)  evidence that satisfies the Registrar General as to the identity of the person, (ii)  the prescribed evidence that satisfies the Registrar General that the name of the person has so changed, and (iii)  all prescribed documents that are in the person’s possession. 2016, c. 23, s. 25 (1). Birth registration of child (2) If the name of a person born outside of Ontario has been changed in accordance with the law of a province or territory of Canada, other than Ontario, or of a foreign state and if 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; (b)  the Registrar General receives, (i)  evidence that satisfies the Registrar General as to the identity of the person, (ii)  the prescribed evidence that satisfies the Registrar General that the name of the person has so changed, and (iii)  all prescribed documents that are in the person’s possession; and (c)  subject to subsections (3), (4) and (5), the child consents, if the child is at least 16 years of age at the time of the request. 2016, c. 23, s. 25 (2, 3). If child lacks capacity (3) The consent of a child under subsection (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. 33, s. 5. Application to dispense with consent (4) If the required consent cannot be obtained or is refused, the person making the request under subsection (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. 33, s. 5. How application determined (5) The court shall determine an application under subsection (4) in accordance with the best interests of the child. 2016, c. 5, Sched. 33, s. 5. Request by child (6) If the name of a person born outside of Ontario has been changed in accordance with the law of a province or territory of Canada, other than Ontario, or of a foreign state, 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, (a)  the child so requests and pays the required fee, if any; and (b)  the Registrar General receives, (i)  evidence that satisfies the Registrar General as to the identity of the person, (ii)  the prescribed evidence that satisfies the Registrar General that the name of the person has so changed, and (iii)  all prescribed documents that are in the child’s possession. 2016, c. 23, s. 25 (4, 5). Documents to provide (7) A person who requests the notation of a change on a child’s birth registration under subsection (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 person’s possession and all the prescribed documents that the person has collected under clause (a). 2016, c. 23, s. 25 (6). Documents for request by child (8) A child who requests the notation of a change on the child’s birth registration under subsection (6) shall, (a)  collect from the person whose name has been changed as described in 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. 25 (6). Registration, change of name annulled (9) 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 marriage registration, if the change of name that is annulled was noted on that registration under that subsection; and (b)  the birth registration of a child, if the change of name that is annulled was noted on that registration under subsection (2) or (6). 2016, c. 5, Sched. 33, s. 5. Documents to provide (10) If the Registrar General notes an annulment of a change of name of a person under subsection (9), 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; and (b)  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. 25 (7). Compliance with request (11) A person who receives a request under subsection (10) shall comply with it. 2016, c. 23, s. 25 (7). Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 33, s. 5 - 01/01/2017; 2016, c. 23, s. 25 (1-7)
- 01/01/2017