CHANGE OF NAME ACT

Chapter C‑7

Table of Contents

                1       Definitions

                2       Eligibility

                3       Change of given name or surname

                4       Consent of child

                5       Change of child’s surname

                6       Change of name of spouse and adult
interdependent partner

                7       Change of name of child

              10       Change of former surname

              14       Dispensing with consent

              15       Consent of mentally incompetent person

              16       Requirements re application

              17       Registration of change of name

              18       Amendment of vital statistics records

              19       Issue of certificate of change of name

              20       Publication of change of name

              21       Change in other jurisdictions

              22       Change on other records

              23       Court order to settle doubts

              24       Annulment of change of name

              25       Offences

              26       Affidavits

              27       Conclusiveness of documents

              28       Validity of reproduced signatures

              29       Petition to Court

              30       Regulations

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1   In this Act,

                                 (a)    “applicant” means a person applying for a change of name under this Act;

                                 (b)    “change” means any change by way of alteration, substitution, addition or abandonment;

                                 (c)    “child” means a minor child who is neither married nor an adult interdependent partner;

                                 (d)    “Director” means the Director of Vital Statistics;

                                 (e)    “given name” includes a Christian name and a baptismal name;

                                  (f)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

                                 (g)    “name” means a given name or a surname or both;

                                 (h)    “prescribed” means prescribed by the regulations;

                                  (i)    “surname” includes a family name and patronymic;

                                  (j)    “widowed” refers both to a person who is or has been a widow or widower.

RSA 2000 cC‑7 s1;2002 cA‑4.5 s23

Eligibility

2   An application under this Act to change a name may only be made by a person who

                                 (a)    is at least 18 years of age, and

                                 (b)    is a bona fide resident of Alberta.

RSA 1980 cC‑4 s2

Change of given name or surname

3   Subject to this Act, any person

                                 (a)    may apply to change a given name of the person;

                                 (b)    may apply to change the person’s surname.

RSA 1980 cC‑4 s3

Consent of child

4   A person may not apply under this Act to change a given name or the surname of a child who is 12 years of age or older without the consent of the child.

RSA 1980 cC‑4 s4

Change of child’s surname

5(1)  Subject to section 7(2)(c) and (4), the surname of a child may be changed only to a surname that

                                 (a)    is the surname or maiden surname of the mother,

                                 (b)    is the surname of the father,

                                 (c)    is the surname of the spouse or adult interdependent partner of the mother or of the father, or

                                 (d)    consists of not more than 2 of the surnames referred to in clauses (a) to (c), combined or hyphenated.

(2)  If a person referred to in subsection (1)(a) to (c) has a hyphenated or combined surname, only one of the names of that surname shall be used.

RSA 2000 cC‑7 s5;2002 cA‑4.5 s23;2003 cF‑4.5 s112

Change of name of spouse and adult interdependent partner

6(1)  A married person may apply to change a given name or the surname of the spouse of the married person with the consent of the spouse.

(2)  An adult interdependent partner may apply to change a given name or the surname of the other partner with the consent of the other partner.

RSA 2000 cC‑7 s6;2003 cF‑4.5 s112

 

6.1   Repealed 2003 cF‑4.5 s112.

Change of name of child

7(1)  A person who is the guardian of a child may apply to change a given name of the child with the consent of the other guardians of the child.

(2)  A guardian of a child may, with the consent of the other guardians of the child, apply to change the surname of the child

                                 (a)    to the surname of the guardian,

                                 (b)    to the surname of the guardian’s spouse or adult interdependent partner, whether or not the spouse or adult interdependent partner is living, with the consent of that spouse or adult interdependent partner, if living, or

                                 (c)    to the surname of a person with whom the guardian is cohabiting in a relationship of interdependence as defined in the Adult Interdependent Relationships Act with the consent of the person.

(3)  A mother who is a guardian of a child may apply to change the surname of the child to that of a man who is not cohabiting with the mother and is not her spouse or adult interdependent partner, but who

                                 (a)    has been declared by a court to be the father of the child, or

                                 (b)    has acknowledged during his lifetime that he was the father of the child.

(4)  If none of the guardians of the child are the parents of the child, the child’s surname may be changed to the surname of a guardian.

(5)  The authority of a guardian to apply for a change of name or to consent to a change of name under this section is subject to any limitation imposed by law on the authority of the guardian.

RSA 2000 cC‑7 s7; 2002 cA‑4.5 s23;2003 cF‑4.5 s112

 

8 to 9   Repealed 2003 cF‑4.5 s112.

Change of former surname

10   If a person

                                 (a)    who is married adopts the surname of that person’s spouse,

                                 (b)    who is an adult interdependent partner adopts the surname of the other partner, or

                                 (c)    who is widowed, whose marriage has been dissolved or who becomes a former adult interdependent partner adopted the surname of the deceased spouse or of the former spouse, or of the deceased adult interdependent partner or of the former adult interdependent partner, as the case may be,

that person may, without the consent of that person’s spouse or adult interdependent partner or child, if any, apply to change a surname that that person had prior to the marriage or the adult interdependent relationship to another surname.

RSA 2000 cC‑7 s10; 2002 cA‑4.5 s23

 

11 and 12   Repealed 2003 cF‑4.5 s112.

 

13   Repealed 2002 cA‑4.5 s23.

 

Dispensing with consent

14   If on an application to change a given name or the surname of a child the consent of some other person is required under section 6, 7, 8, 9, 11 or 12 and the applicant is unable to obtain the consent of the other person, the Court of Queen’s Bench, having regard to the best interests of the child, may dispense with the consent of the other person to the change of name.

RSA 1980 cC‑4 s14;1985 c53 s19;1987 c29 s5;1990 c15 s6

Consent of mentally incompetent person

15   If a person whose consent is required to an application under this Act is a mentally incompetent person

                                 (a)    the Public Trustee if acting as the committee of the estate of the mentally incompetent person, or

                                 (b)    a committee appointed by a court in respect of the person or estate of the mentally incompetent person,

may consent to the application on behalf of the mentally incompetent person.

RSA 1980 cC‑4 s15

Requirements re application

16(1)  Every application for a change of name under this Act shall be filed with the Director and shall be in the prescribed form.

(2)  Every applicant shall file with his or her application

                                 (a)    an affidavit of bona fides in the prescribed form or to the like effect,

                                 (b)    the consent in the prescribed form or to the like effect of every person whose consent is necessary under this Act and a copy of any order made under section 14,

                                 (c)    the certificate of birth of the applicant and the certificate of birth of every person whose name may be changed as a result of the application or, if that is not available, any other documentary proof of name or identity that is acceptable to the Director,

                              (c.1)    unless the Director considers it to be unnecessary in the particular circumstances, a criminal record check from a law enforcement agency acceptable to the Director, where the application relates to a person who is 18 years of age or older, and

                                 (d)    any further documentary evidence or information  required by the Director.

(3) to (5)  Repealed 2003 cF‑4.5 s112.

RSA 2000 cC‑7 s16;2002 cA‑4.5 s23;2002 c32 s2;
2003 cF‑4.5 s112

Registration of change of name

17(1)  The Director shall,

                                 (a)    on all requirements of this Act being complied with, and

                                 (b)    on payment of the prescribed fee,

register the change of name by the issuance of a certificate in the prescribed form.

(2)  Notwithstanding subsection (1), the Director may, in the Director’s discretion, refuse registration of a proposed change of name if in the Director’s opinion the proposed name might

                                 (a)    reasonably cause confusion,

                                 (b)    be a cause of embarrassment to any other person, or

                                 (c)    be used in a manner that could defraud or mislead the public.

(3)  If the Director refuses to register a proposed change of name pursuant to subsection (2), the applicant may appeal, in writing, to the Minister who may confirm the Director’s decision or instruct the Director to register the proposed change of name.

(4)  A certificate of change of name issued under subsection (1) takes effect from 12:01 p.m. on the day it is issued.

(5)  Registration under this Act shall for all purposes effect a change of name according to the tenor of the application.

(6)  When a change of name has been effected under this Act, the certificate of change of name shall be kept in the office of the Director and shall be preserved and remain in the Director’s custody as part of the records of the Director’s office.

RSA 1980 cC‑4 s18;1996 c32 s2

Amendment of vital statistics records

18   The Director shall forthwith on registering a change of name amend the Director’s records under the Vital Statistics Act in conformity with any certificate issued under this Act and shall make no charge for the amendments.

RSA 1980 cC-4 s19

Issue of certificate of change of name

19(1)  On registration of a change of name, a duplicate of the certificate issued shall be delivered to the applicant.

(2)  On payment by a person of the prescribed fee, a duplicate or certified copy of a certificate of change of name made under this Act shall be delivered to that person.

RSA 1980 cC‑4 s20

Publication of change of name

20(1)  The Director shall as soon as practicable publish a notice of the issuance of a certificate issued under section 17 in The Alberta Gazette.

(2)  The Court of Queen’s Bench may dispense with the necessity of publishing the notice if, in its opinion, the applicant would be unduly prejudiced or embarrassed or may be harmed by the publication.

(3)  The Director may dispense with the necessity of publishing the notice if, in the opinion of the Director,

                                 (a)    the change of name applied for is of a minor nature, or

                                 (b)    the applicant has been commonly known under the name applied for.

RSA 1980 cC‑4 s21;1996 c32 s2

Change in other jurisdictions

21   Without restricting the effect that a change of name has by law, a person

                                 (a)    whose birth or marriage is registered in Alberta, and

                                 (b)    whose name has been changed, while resident elsewhere than in Alberta, in accordance with the laws of the jurisdiction in which the person was resident,

is entitled, on production of satisfactory proof of the change of name and of the person’s identity, to have the person’s new name substituted instead of the person’s former name in the records kept and certificates issued by the Director under the Vital Statistics Act.

RSA 1980 cC‑4 s22

Change on other records

22(1)  Without restricting the effect that a change of name has by law,

                                 (a)    a person whose name has been changed in accordance with this Act or a predecessor Act, on production of a duplicate or certified copy of the certificate issued under this Act or a predecessor Act and on satisfactory proof of the person’s identity and payment of the fees, if any, prescribed by law, and

                                 (b)    a person referred to in section 21, on production of a certificate from the Director certifying to the change of the person’s name and on satisfactory proof of identity and payment of the fees, if any, prescribed by law,

is entitled to have the person’s new name substituted instead of the person’s former name in any and every record, certificate, instrument, contract or other document whether it is or is not ejusdem generis with those previously mentioned and whether it is public or private.

(2)  The substitution of a new name in a certificate, record or other public document pursuant to subsection (1) may be made by the person in charge of issuing, maintaining or keeping that type of certificate, record or document who shall also enter on it a certificate that the substitution was made pursuant to this section.

RSA 1980 cC‑4 s23

Court order to settle doubts

23   If, in the application of section 21 or 22, a question arises concerning the existence of or compliance with any or all of the facts or matters required or contained in the applicable section, on the application of the person seeking substitution of the person’s new name instead of the person’s former name, the Court of Queen’s Bench may make an order

                                 (a)    declaring that the person has complied with all the requirements of that section, and

                                 (b)    directing the Director or other person to alter the Director’s or other person’s records, certificates or other documents in conformity with that section.

RSA 1980 cC‑4 s24

Annulment of change of name

24(1)  The Director may, if satisfied that a change of name has been obtained by fraud, duress or misrepresentation, annul the change of name by order, effective from a date named in the order.

(2)  A marginal notation of the annulling order shall be made on the certificate kept in the office of the Director.

(3)  Notice of the annulment shall be forthwith published in The Alberta Gazette.

(4)  The Director shall without charge make any alterations in the Director’s records that are necessary by reason of the annulling order.

(5)  The Director may in any such case by order require any person to whom a duplicate or a certified copy of the certificate of change of name has been issued forthwith to deliver it up to the Director.

RSA 1980 cC‑4 s25

Offences

25(1)  A person who refuses or neglects to comply with an order issued under section 24(5) is guilty of an offence and liable to a fine of not more than $100 and in default of payment to imprisonment for a term of not more than 30 days.

(2)  A person who by fraud or misrepresentation obtains a change of name under this Act is guilty of an offence and liable to a fine of not more than $50 000 or to imprisonment for a term of not more than 90 days.

(3)  No prosecution for an offence under this Act shall be commenced except with the consent in writing of the Minister.

RSA 2000 cC‑7 s25;2002 c32 s2

Affidavits

26   The Director and the assistant director and any other person designated by the Minister may take the affidavit or statutory declaration of any person for the purposes of this Act.

1996 c32 s2

Conclusiveness of documents

27   A certificate, a duplicate certificate or a certified copy of a certificate of change of name issued under this Act or a predecessor Act, is for all purposes conclusive proof of its contents and it is not necessary to prove the signature or official position of the person by whom the certificate, duplicate certificate or certified copy purports to be signed.

RSA 1980 cC‑4 s27

Validity of reproduced signatures

28(1)  When the signature of the Director is required for any purpose of this Act, the signature may be written, engraved, lithographed or reproduced by any other mode of reproducing words in visible form.

(2)  Every document issued under this Act under the signature of the Director is and remains valid notwithstanding that the Director has ceased to hold office before the issue of the document.

RSA 1980 cC‑4 s28

Petition to Court

29   An application to the Court of Queen’s Bench under this Act shall be by petition on such notice, if any, as the Court may require.

RSA 1980 cC‑4 s29

Regulations

30   The Minister may make regulations

                                 (a)    prescribing the fees payable on an application and on any certificate or other matter required or permitted to be given or done under this Act;

                                 (b)    prescribing the forms and contents of applications for change of name, affidavits, certificates, notices of application, consents to the application and any other forms and the contents of them, for the purposes of this Act;

                                 (c)    respecting any other matter necessary to carry out the intent of this Act.

RSA 1980 cC‑4 s30