Change of Name Act

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 Rep…

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…

3 Repealed: 2020, c. 34, Sched. 3, s. 2.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 writ…

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,…

Sex Offenders, etc.

5.1 (1) The following persons are ineligible to have a change of name under any provision of this Act, except if an exception set out in the regulations applies: 1. A person required under section 7 of Christopher’s Law (Sex Offender Registry), 2000 to comply with section 3 of that Act. 2. A person who would be required under section 7 of Christopher’s Law (Sex Offender Registry), 2000 to comply with section 3 of that Act but for the application of subsection 7 (2) or (3) of that Act. 3. A person who has been, i. found guilty of a prescribed criminal offence, or ii. found not criminally responsible of a prescribed criminal offence on account of mental disorder. 2024, c. 27, Sched. 2, s. 1. Exception (2) Subsection (1) does not apply in respect of, (a) 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 G…

Procedure Application

6 (1) In this section, “application” means an application made under subsection 4 (1) or 5 (1). R.S.O. 1990, c. C.7, s. 6 (1). Contents of application (2) An application shall be in the prescribed form and shall state, by way of statutory declaration, in respect of the person to whose name the application relates, (a) the person’s date and place of birth; (b) if the person is married, the full name, before marriage, of the person’s spouse and the date and place of the marriage; (c) Repealed: 2020, c. 34, Sched. 3, s. 5. (d) the full names, and all former names, if known, of the person’s parents; (e) the length of the person’s residence in Ontario, and the person’s current address; (f) in the case of an application under subsection 5 (1), (i) that the applicant has lawful custody of the child, (ii) that no court order or separation agreement prohibits the change of name that is sought, (i…

Duty of Registrar General

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 th…

7.1 (1) Despite any other Act, before registering or refusing a change of name requested under section 4 or 5, the Registrar General shall ask the Ministry of the Solicitor General if the Ministry has any information about the person to whose name the application relates that would be included in a police records check as described in subsection 6 (10) and the Ministry shall so advise the Registrar General. 1997, c. 17, s. 3; 2009, c. 33, Sched. 17, s. 3 (1); 2020, c. 34, Sched. 3, s. 6 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7.1 (1) of the Act is amended by adding “and whether the person is a person described in subsection 5.1 (1)” after “subsection 6 (10)”. (See: 2024, c. 27, Sched. 2, s. 2) Personal information (2) For the purpose of subsection (1), the Registrar General shall disclose to the Ministry of the Solicitor General the person’s…

8 (1) On registering a change of name made under this Act, the Registrar General shall, (a) promptly cause a notice of the change of name to be published in The Ontario Gazette, except in the circumstances specified in the regulations made under this Act; (b) enter the change of name in the change of name index maintained under section 2 of the Vital Statistics Act; (b.1) cause notice of the change of name, together with a copy of the police records check that was provided by the person applying for a change of name, to be given to the Ministry of the Solicitor General if the Registrar General was advised under section 7.1 that the Ministry of the Solicitor General has information about the person whose name has been changed that would be included in a police records check; and (c) cause notice of the change to be given, (i) to the sheriff of the appropriate area, if the application disc…

Substitution of New Name

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.…

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…

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…

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 …

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 t…

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

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

13 (1) The Lieutenant Governor in Council may make regulations governing anything that, in this Act, may or must be prescribed or done by regulation. 2020, c. 34, Sched. 3, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, section 13 of the Act is amended by adding the following subsection: (See: 2024, c. 27, Sched. 2, s. 3) Same (2) The Lieutenant Governor in Council may make regulations providing for exceptions from this Act or any provision of this Act, and making such exceptions subject to any conditions provided for in the regulations. 2024, c. 27, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 49 (1) - 18/12/1998 2006, c. 34, s. 5 (2) - 03/07/2007 2009, c. 33, Sched. 17, s. 3 (2) - 15/12/2009 2016, c. 5, Sched. 4, s. 9 - 01/01/2017; 2016, c. 23, s. 37 (7, 8) - 01/01/2017 2020, c. 34, Sched. 3, s. 10 - 30/04/2021 2…