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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
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Section |
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1 In this Act:
"change" includes a change by way of alteration, substitution, addition or abandonment;
"director" means the Director of Vital Statistics appointed under the Vital Statistics Act;
"district registrar" means a District Registrar of Births, Deaths and Marriages appointed under the Vital Statistics Act;
"given name" means a name other than a surname;
"name" means given name or surname, or both;
"surname" includes a family name and patronymic;
"widowed" refers both to a person who is a widower and to a person who is a widow.
2 (1) A person in British Columbia must not change his or her name unless authorized so to do by section 4, and then only in the manner provided by this Act.
(2) Subsection (1) does not apply to any of the following:
(a) a change in the surname of one spouse to the surname of the other spouse;
(b) a change in name resulting from adoption under the Adoption Act;
(c) a change of name appearing on a certificate of naturalization;
(d) a change in name under the Vital Statistics Act;
(e) a change of name under section 5.
3 A spouse by marriage may
(a) use the surname he or she had immediately before the marriage,
(b) use the surname he or she had at birth or by adoption, or
(c) use the surname of his or her spouse by marriage.
4 (1) Subject to this section, a person who has attained the age of majority or, if the age of majority has not been attained, is a parent having custody of his or her child and who is domiciled in British Columbia for at least 3 months, or has resided in British Columbia for at least 3 months immediately before the date of the application, may, unless prohibited by this or another Act, change his or her name on complying with this Act.
(2) If the minister is satisfied that it is in the public interest to do so, the minister may waive the residency requirements of subsection (1).
(3) Subject to subsection (4), a person who is the parent of and who has custody of an unmarried minor child may, with the consent of the other parent of the child, apply to change the child's name, but, if the application is to change the child's surname to that of the applicant's spouse, the consent of the spouse is required.
(4) If a person applies to change the name of an unmarried minor child who has attained the age of 12 years, he or she must first obtain the consent in writing of the child.
(5) If a person whose consent is required under this Act
(a) is deceased or mentally disordered or cannot after reasonable, diligent and adequate search be located, or
(b) is, in the opinion of the director, unreasonably withholding his or her consent,
the applicant may, with the approval of the director, proceed with the application without the consent of that person.
(6) If, in the opinion of the director, exceptional circumstances make it unreasonable to seek the consent of a person as required under this Act, the applicant may, with the approval of the director, proceed with the application without the consent of that person.
5 (1) If
(a) a court in Canada has
(i) granted a decree absolute for dissolution of a marriage, or
(ii) made an order for nullity of a marriage, or
(b) a judge or officer of a court in Canada has issued a certificate stating that a divorce granted under the Divorce Act (Canada) has dissolved a marriage,
the Supreme Court may, at any time, on the application of a former spouse, order that his or her name be changed to the name he or she desires.
(2) If an applicant under subsection (1) has minor children of the marriage of whom he or she has lawful custody, the applicant may also apply to the Supreme Court to change the name of those children, but the Supreme Court, before making an order under subsection (1) in respect of those children, must require the written consent of the other parent.
(3) If the Supreme Court renders a judgment granting a divorce, it may, at the same time and whether or not claimed in the petition for divorce or by motion in the divorce proceeding, order that the name of a spouse be changed to the name he or she desires, to become effective on the same day as the judgment granting the divorce.
(4) If an application under this section is granted, the order must state the name to which the name of the spouse or children is changed.
(5) The district registrar of the court must transmit a copy of the order to the director, who must register the change of name accordingly.
6 (1) A person intending to make an application for a change of name must, before making the application give notice of that intention by publishing, within the period of 2 months prior to filing the application with the director, a notice including the person's present and intended names in one issue of the Gazette and in one issue of a newspaper circulating in the district in which he or she is resident.
(2) Subsection (1) does not apply if an application for change of name is made for the sole purpose of changing the surname of a minor to the surname of the applicant.
(3) The director may exempt an applicant from complying with subsection (1) if it is in the public interest to do so.
7 (1) An applicant for a change of name must pay the prescribed fees to the director and must file with the director an application containing all of the following:
(a) a statement of all relevant facts;
(b) an affidavit verifying the application;
(c) the consent of every person whose consent is necessary under this Act;
(d) proof of publication of the notice prescribed by section 6;
(e) further documentary evidence or information required by the director;
(f) the name and address of every person whose name will be changed because of a change of name of the applicant.
(2) The director must preserve in his or her office all documents filed with the director, and except as provided in section 13, neither the documents themselves or information contained in the documents may be made available to any person, except the following:
(a) an officer of the government;
(b) a person authorized by the Minister of Health in writing;
(c) a person who has obtained from the Supreme Court an order permitting inspection.
(3) An order under subsection (2) (c) must not be made except on an application showing good cause, of which 5 days' notice has been served on the director.
8 The director, acting director, an Inspector of Vital Statistics, a district registrar and a deputy district registrar has, for the purposes of this Act, the powers of a commissioner for taking affidavits for British Columbia.
9 (1) On receipt of an application and of the documents required to be filed with it, the director must, if the director is satisfied that the proposed change is authorized by this Act, register the change of name.
(2) If the director is not satisfied that the proposed change is authorized by this Act the director must refuse to register the change of name and must notify the applicant.
(3) The director must not register a change of name that would result in the applicant having only one name.
(4) The director must refuse an application if the director is of the opinion
(a) that the name that the applicant seeks to adopt might reasonably cause mistake or confusion or be a cause of embarrassment or confusion to any other person, or
(b) that the change of name is sought for an improper purpose or is on any other ground objectionable.
(5) If the director refuses to register a change of name, the applicant, within 30 days after receipt of notification of the refusal, may appeal the refusal to the Supreme Court.
(6) The court
(a) may consider the evidence it considers relevant,
(b) must dispose of the appeal in a summary manner, and
(c) may make the order it thinks proper.
(7) The appellant must serve notice of the appeal on the director not less than 5 days before the hearing.
(8) An appeal from a decision of the court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
10 (1) Registration under section 9, for all purposes, effects the change of name according to the tenor of the application.
(2) Registration of a change of surname of a person shall, subject to section 4 (3) and (4), effect a similar change in the surname of each of the unmarried minor children of the applicant that is included in the application.
11 (1) If a change of name has been effected under section 10, a certificate of change of name, setting out the names of all persons for whom a change of name has been effected, signed by the director and issued under the director's seal of office, must
(a) be kept in the office of the director, and
(b) be preserved and remain in the director's custody as part of the records of the director's office.
(2) The director must deliver or mail to the applicant a copy of the certificate.
12 (1) Promptly after issuing a certificate under section 11, the director shall publish in the Gazette the person's new and former names.
(2) Subsection (1) does not apply where a certificate of change of name issued under section 11 is for an application made in accordance with section 6 (2) or is for an applicant exempted under section 6 (3).
13 (1) A person, on application and on payment of the prescribed fees, may have a search made of the registrations of changes of names kept in the office of the director and may obtain from the director a certificate stating the facts as registered for a change of name.
(2) No person, except as provided in section 7, is entitled to have access to the documents filed under section 7 or to obtain copies of the documents.
(3) A certificate purporting to be issued under this section must be received in every court in British Columbia as proof in the absence of evidence to the contrary of the facts in it certified to be registered or recorded.
(4) It is not necessary to prove the signature or official position of the person by whom the certificate purports to be signed.
(5) If the director has exempted an applicant under section 6 (3) from the requirement to publish notice of his or her intention to change his or her name and the director considers it in the public interest to do so, the director may refuse to issue a certificate or give information respecting the person's change of name.
14 (1) If the name of a person of whose birth registration has been made under the Vital Statistics Act is changed under this Act, the director must cause a marginal notation of the change of name to be made on the original record of the birth or marriage of the person.
(2) Despite subsection (1), a change of surname must not be made on the registration of a marriage that has been dissolved or that has been terminated by the death of one of the spouses.
(3) If an application is made for a certificate of the registration of birth or marriage on the record of which a marginal notation has been made under subsection (1), the director must issue the certificate as if the original registration had been made in the name of that person as changed under this Act.
15 (1) If a person has been convicted of obtaining a change of name by fraud or misrepresentation, after the time for appeal against the conviction has expired, or if, an appeal having been taken, the conviction is sustained, the director must annul the change of name by order effective from the date named in it.
(2) A marginal notation of the order must be made on the certificates issued under section 11.
(3) If the director has, under subsection (1), annulled a change of name, the director may by order require a person to whom a copy of the certificate has been issued under this Act promptly to deliver it up.
16 (1) A person who by fraud or misrepresentation effects a change of name under this Act and a person who violates a provision of this Act or who fails to comply with a provision, commits an offence.
(2) A person who commits an offence under subsection (1) is liable on conviction to a penalty of not more than $500 or to imprisonment for any term not longer than 6 months.
(3) A person who refuses or neglects to comply with an order under section 15 (3) commits an offence.
(4) A person who commits an offence under subsection (3) is liable on conviction to a penalty of not more than $100 and costs.
(5) Proceedings may not be taken against a person under this Act without the consent in writing of the Attorney General.
17 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations prescribing fees to be paid for anything done or permitted to be done under this Act.
(3) The director may waive the collection of a fee from a person if the director considers it necessary in order to obtain compliance with the Act or to avoid hardship to the person.
18 The director may establish forms to be used for the purposes of this Act.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada