C-10 - Act respecting the change of name and of other particulars of civil status

Full text
chapter C-10
Act respecting the change of name and of other particulars of civil status
CHANGE OF NAME AND OF OTHER PARTICULARS OF CIVIL STATUSDecember 18 1992January 1 1994
Repealed, 1992, c. 57, s. 463.
1977, c. 19, s. 1; 1992, c. 57, s. 463.
DIVISION I
CHANGE OF NAME
1977, c. 19, s. 2.
1. In this division, unless the context indicates a different meaning, the following terms mean:
(a)  name : the given names and the family name or surname;
(b)  change of name : any change in the name of a physical person by alteration, substitution, addition or abandonment.
1965 (1st sess.), c. 77, s. 1; 1977, c. 19, s. 3.
2. A change of name is granted by a certificate of the Minister of Justice in accordance with this division.
1965 (1st sess.), c. 77, s. 2; 1977, c. 19, s. 4.
3. Any Canadian citizen of major age, who has been domiciled in Québec for one year or more and has serious reasons for desiring a change of name, may transmit to the Minister of Justice an application containing:
(a)  a statement of the reasons which prompt him to apply for the change of name;
(b)  the name that he wishes to adopt;
(c)  his address and occupation at the time of the application and during the preceding five years;
(d)  the date and place of his birth;
(e)  the name of his father;
(f)  the name of his mother;
(g)  the name of his spouse and the date and place of their marriage;
(h)  the names, dates and places of birth of his children and descendants, indicating those whose names would be changed pursuant to the application and by virtue of section 8;
(i)  any other information required by the Minister of Justice.
1965 (1st sess.), c. 77, s. 3; 1969, c. 26, s. 99; 1982, c. 17, s. 40.
4. The application must be accompanied by
(a)  authentic copies of the acts of civil status evidencing the births and marriages therein mentioned, if it is possible to obtain them;
(b)  an affidavit of the applicant deposing:
i.  that he has been domiciled in Québec for at least one year;
ii.  that the allegations contained in the application are true;
iii.  that the application is made in good faith and solely for the reasons alleged; and
(c)  payment of the prescribed fees.
1965 (1st sess.), c. 77, s. 4.
5. The applicant must give notice of his application in the Gazette officielle du Québec and in a French and an English newspaper published or circulating in the judicial district where he resides, once a week during two consecutive weeks.
Such notice shall contain the name and address of each living person whose name may be changed pursuant to the application.
The Minister of Justice may require any additional publication that he deems expedient.
The applicant shall furnish him with proof of the required publications.
1965 (1st sess.), c. 77, s. 5; 1969, c. 26, s. 100.
6. If, after thirty days have elapsed since the last of the prescribed publications, the Minister of Justice is of the opinion that the reasons for the change of name are sufficient and that such change is expedient, he may grant the application, with such modifications as he deems expedient.
Save for exceptional reasons deemed sufficient, no application shall be granted without the written consent of the applicant’s spouse and of his unemancipated minor children aged fourteen years or over.
1965 (1st sess.), c. 77, s. 6; 1969, c. 26, s. 101; 1977, c. 19, s. 5.
7. If the application is refused, the Minister of Justice shall refund the fees paid to the extent prescribed.
1965 (1st sess.), c. 77, s. 7; 1969, c. 26, s. 102.
8. A change of family name effected by a certificate of the Minister of Justice shall benefit the unemancipated minor children of the applicant, his children to be born and the descendants of all of them.
1965 (1st sess.), c. 77, s. 8; 1977, c. 19, s. 6.
9. Notice of every certificate issued by the Minister of Justice shall be published in the Gazette officielle du Québec.
Any person may obtain a true copy of the certificate on payment of the required fee.
1965 (1st sess.), c. 77, s. 9; 1977, c. 19, s. 7; 1987, c. 68, s. 25.
10. The Minister shall transmit to each and every depositary of the registers of civil status where the act of birth of the applicant is entered a true copy of the certificate.
The depositaries shall transcribe such certificate in the registers of civil status containing the acts of birth of the current year and draw up a new act of birth in conformity with such certificate.
They shall also indicate in the margin of the act of birth of the applicant the changes to the entries concerned and a reference to the register of the year and the page containing the new act of birth.
1965 (1st sess.), c. 77, s. 10; 1977, c. 19, s. 8.
10.1. If the applicant was born outside Québec, copy of the certificate must be transmitted by the Minister of Justice to the depositary of the registers of civil status of the applicant’s place of birth.
1977, c. 19, s. 8.
10.2. The new act of birth inscribed in the registers of civil status annuls the former act of birth of the applicant.
1977, c. 19, s. 8.
11. A person whose name is changed may, under his new name, claim and possess all the rights, benefits, advantages and titles to which he would have been entitled without such change; and all contracts, agreements, covenants, deeds, certificates, insurance policies, diplomas, degrees, permits, licences, inscriptions, registrations, appointments and powers acquired or entered into by him or inuring to his benefit under either name shall be deemed to have been obtained under the new name.
1965 (1st sess.), c. 77, s. 11.
12. Under his new name, such person may recover, have, hold, possess, inherit or alienate any moveable or immoveable property or rights of any kind which he may then or thereafter have, as completely and to the same extent as if the change of name had not been effected.
1965 (1st sess.), c. 77, s. 12.
13. All legacies or gifts made in any will, codicil, deed of gift, insurance policy or otherwise shall be deemed to have been made in his favour under either name.
1965 (1st sess.), c. 77, s. 13.
14. All obligations contracted by him shall be exigible under his new name.
1965 (1st sess.), c. 77, s. 14.
15. The change of name shall not interrupt any suit or proceeding pending before any court of Québec and to which he is a party, and the same shall be continued to judgment and execution as if the change of name had not been effected.
1965 (1st sess.), c. 77, s. 15.
DIVISION II
CHANGE OF SEX DESIGNATION AND OF GIVEN NAME
1977, c. 19, s. 9.
16. This division applies to every unmarried Canadian citizen of full age who has been resident in Québec for at least one year and who has successfully undergone medical treatments as well as surgical treatments involving a structural modification of the sexual organs intended to change the secondary sexual characteristics of the person.
1977, c. 19, s. 9.
17. The person contemplated in section 16 may make an application to the Minister of Justice for a change of sex designation and of given name to be made in the registers of civil status.
1977, c. 19, s. 9.
18. The application shall set forth:
(a)  the surname and given names inscribed on the act of birth of the person who has undergone such treatments;
(b)  the given names the applicant wishes to adopt, where such is the case;
(c)  the address and occupation of the applicant at the time the application is made and during the year preceding the application;
(d)  the sex inscribed in the applicant’s act of birth; and
(e)  any other information required by the Minister.
1977, c. 19, s. 9.
19. The application shall be accompanied with:
(a)  a medical certificate describing the treatments referred to in section 16 from a medical authority in Québec who is competent in the matter;
(b)  a certified and signed extract of the applicant’s act of birth as it appears in the registers of civil status;
(c)  a sworn declaration of the applicant attesting that
i.  he is a Canadian citizen;
ii.  he has been residing in Québec for not less than one year;
iii.  he is not married;
iv.  the application is made in good faith; and
v.  the statements made in the application are true;
(d)  where such is the case, a copy of the decree of divorce, the judgment of annulment of marriage or the certificate of death of his consort; and
(e)  the payment of the prescribed fees.
1977, c. 19, s. 9.
20. In addition to the medical certificate provided for in section 19, the Minister may require from another medical authority competent in the matter a supplementary certificate describing the treatments.
1977, c. 19, s. 9.
21. If the applicant meets the conditions provided for in sections 16 to 20, the Minister shall recommend the issue of a certificate evidencing the change of sex designation and of given name.
1977, c. 19, s. 9.
22. Sections 7, 9 and 10 to 15 apply to this division, mutatismutandis.
1977, c. 19, s. 9.
DIVISION III
FINAL PROVISIONS
1977, c. 19, s. 9.
23. The Government may, by regulation published in the Gazette officielle du Québec, establish a tariff of fees in respect of the procedure relating to a change contemplated in this act and prescribe any other measure considered advisable for the application of this act.
1965 (1st sess.), c. 77, s. 16; 1977, c. 19, s. 10.
24. Any change to the acts or registers of civil status made under the Code of Civil Procedure or by the application of the Civil Code does not constitute a change contemplated in this act.
1977, c. 19, s. 10; 1980, c. 39, s. 60.
25. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 77 of the statutes of 1965 (1st session), in force on 31 December 1977, is repealed, except section 17, effective from the coming into force of chapter C-10 of the Revised Statutes.