CCQ, r. 4 - Regulation respecting change of name and of other particulars of civil status and substitution of the usual given name

À jour au 1^er octobre 2015

Ce document a valeur officielle.

chapter CCQ, r. 4

Regulation respecting change of name and of other particulars of civil status

Civil Code of Québec

(Civil Code, arts. 64 and 73).

DIVISION I APPLICATION FOR A CHANGE OF NAME

1. An application for a change of name submitted to the registrar of civil status must be supported by an affidavit of the applicant attesting that the reasons and information given in the application are true.

O.C. 1592-93, s. 1.

2. An application to change the name of a person of full age only must include the following information:

(1)  the applicant’s name, as recorded on the act of birth, the name applied for and the name being used on the date on which the application is submitted;

(2)  the applicant’s sex;

(3)  the applicant’s date and place of birth and the place where the birth was registered;

(4)  the address of the applicant’s domicile on the date on which the application is submitted and the number of years the applicant has been domiciled in Québec;

(5)  the date on which the applicant, if born outside Canada, became a Canadian citizen;

(6)  the name of the applicant’s father and mother;

(7)  the applicant’s marital status and, if the applicant is married, the spouse’s name and the date and place of their marriage;

(8)  the names of the applicant’s children, if any, as well as their date of birth and the name of each child’s other parent;

(9)  if the applicant’s name has been changed following a judicial or administrative decision, the applicant’s name before that decision or, if a change of name was refused, the reasons for the refusal; and

(10)  the reasons for which the applicant is applying for a change of name.

O.C. 1592-93, s. 2.

3. An application to change the surname of a person of full age and of that person’s minor child and an application to change the name of a minor child only must include the following information, in addition to the information required in section 2:

(1)  the child’s name, as recorded on the act of birth, the name applied for in respect of the child and the name the child is using on the date on which the application is submitted;

(2)  the child’s sex;

(3)  the child’s date and place of birth and the place where the birth was registered;

(4)  the address of the child’s domicile on the date on which the application is submitted and the number of years the child has been domiciled in Québec;

(5)  the date on which the child, if born outside Canada, became a Canadian citizen;

(6)  the names of the child’s father and mother and the address of their domicile on the date on which the application is submitted;

(7)  if the child’s name has been changed before following a judicial or administrative decision, the child’s name before that decision or, if a change of name was refused, the reasons for the refusal;

(8)  if the child’s father or mother has been deprived of parental authority by a judicial decision, an indication of that fact;

(9)  if the child’s filiation has been changed by a judicial decision, an indication of that fact;

(10)  where such is the case, a statement that a tutor has been appointed to the child, either by a judicial decision, or by will or by a declaration filed with the Public Curator in accordance with article 200 of the Civil Code, the name of the tutor, the address of the tutor’s domicile on the date on which the application is submitted, the mode of appointment of the tutor and the date on which the tutorship took effect; and

(11)  the reasons for which the change of the child’s name is applied for.

O.C. 1592-93, s. 3.

4. An application for a change of name must be accompanied with the following documents:

(1)  a copy of the acts of birth, marriage and death referred to in the application, where they were drawn up outside Québec;

(2)  a copy of the certificates of Canadian citizenship of the applicant and of the minor child for whom the change of name is applied for, if they were born outside Canada;

(3)  a copy of the applicant’s absolute decree of divorce or certificate of divorce, if the applicant is divorced;

(4)  a copy of the judgment declaring the nullity of the applicant’s marriage, where applicable;

(5)  a copy of the previous decisions changing the names of the applicant and of the minor child for whom the change of name is applied for, if their names have been changed before; and

(6)  if the minor child for whom the change of name is applied for has a tutor, a copy of the judgment appointing the tutor or, if the tutor was appointed by will or by a declaration filed with the Public Curator in accordance with article 200 of the Civil Code, a copy of the will or declaration.

The application must also be accompanied with the payable duties.

O.C. 1592-93, s. 4.

DIVISION II PUBLICATION OF AN APPLICATION FOR A CHANGE OF NAME

5. Unless an exemption from publication has been granted by the Minister of Justice in accordance with article 63 of the Civil Code, the applicant shall publish a notice of his application once a week for 2 consecutive weeks in the Gazette officielle du Québec and in a newpaper published or distributed in the judicial district where the applicant is domiciled.

The notice shall also be published in the same manner in the judicial district where the minor child for whom a change of name is applied for is domiciled, if the child’s domicile is different from the applicant’s.

O.C. 1592-93, s. 5.

6. Where the application is to change the name of a person of full age, the notice of application must include the following information:

(1)  the applicant’s name, as it appears on the act of birth;

(2)  the address of the applicant’s domicile;

(3)  the name applied for to the registrar of civil status;

(4)  the place and date of the notice; and

(5)  the applicant’s signature.

Where the application is to change the name of a minor child, the notice of application must include the following information:

(1)  the applicant’s name and the address of the applicant’s domicile;

(2)  the child’s name, as recorded on the act of birth;

(3)  the name applied for in respect of the child to the registrar of civil status;

(4)  the place and date of the notice; and

(5)  the applicant’s capacity and signature.

O.C. 1592-93, s. 6.

7. The applicant shall provide the registrar of civil status with either the exemption from publication granted by the Minister of Justice pursuant to article 63 of the Civil Code or the full pages on which the notice of application for a change of name was published in the newspapers and in the Gazette officielle du Québec.

O.C. 1592-93, s. 7.

DIVISION III NOTICE OF AN APPLICATION TO CHANGE THE NAME OF A MINOR CHILD

8. The applicant shall, in the manner prescribed in Division VI, notify the child’s father and mother, the child’s tutor, where applicable, and the child, if 14 years of age or older, of the notice of application to change the name of a minor child. The applicant shall append to the notice a copy of the application.

O.C. 1592-93, s. 8.

9. The notice of application must include the following information:

(1)  the name of the person who must be notified of the notice and the address of the person’s domicile;

(2)  the child’s name, as recorded on the act of birth;

(3)  the name applied for in respect of the child;

(4)  the applicant’s name and capacity and the address of the applicant’s domicile;

(5)  the place and date of the notice; and

(6)  the applicant’s signature.

O.C. 1592-93, s. 9.

10. The applicant shall provide the registrar of civil status, in the manner set out in section 22, with proof that the notification required by section 8 has been made; otherwise, the applicant must prove to the registrar that he was unable to make the required notification.

O.C. 1592-93, s. 10.

DIVISION IV STATEMENT OF VIEWS OF AN APPLICATION, OBJECTION AND APPLICANT’S REPLY

11. Any interested person may, within 20 days following the date of the last publication required by Division II, notify the registrar of civil status and the applicant of his views.

O.C. 1592-93, s. 11.

12. The persons notified of an application to change the name of a minor child, in accordance with Division III, may object to the application subject, however, to the second paragraph of article 62 of the Civil Code.

The registrar of civil status and the applicant must be notified of their objection in accordance with Divison VI, not later than the twentieth day following the date of notification of the notice of application.

O.C. 1592-93, s. 12.

13. An objection to an application to change the name of a minor child must include the following information:

(1)  the objector’s name and capacity and the address of the objector’s domicile;

(2)  the applicant’s name;

(3)  the child’s name, as recorded on the act of birth;

(4)  the name applied for in respect of the child;

(5)  the reasons for the objection;

(6)  the place and date of the objection; and

(7)  the objector’s signature.

O.C. 1592-93, s. 13.

14. The applicant may reply to an objection or to the views stated on the application within 15 days from the day on which the applicant receives notification thereof.

The applicant shall, in accordance with Division VI, give notice of his or her reply to the registrar of civil status, to the objector and, where applicable, to the other interested persons.

O.C. 1592-93, s. 14.

15. The applicant’s reply must include the following information:

(1)  the applicant’s name and the address of the applicant’s domicile;

(2)  the name of the objector or of the person who stated views on the application;

(3)  the date on which the applicant was notified of the objection or the views on the application;

(4)  the name recorded on the act of birth of the person for whom a change of name is applied for;

(5)  the name applied for in respect of that person;

(6)  the reasons for which the applicant deems the objection or views ill-founded;

(7)  the date and place of the applicant’s reply; and

(8)  the applicant’s signature.

O.C. 1592-93, s. 15.

DIVISION V DECISION OF THE REGISTRAR OF CIVIL STATUS

16. The decision of the registrar of civil status to authorize or to refuse a change of name must give reasons.

The applicant, and, where applicable, the objector and the persons who made observations on the application must be notified of the decision.

O.C. 1592-93, s. 16.

17. When the decision of the registrar of civil status to authorize a change of name is no longer open to review, namely, upon the expiry of the 30-day period provided for in article 864.2 of the Code of Civil Procedure (chapter C-25), the registrar shall give notice of the decision in the Gazette officielle du Québec, unless a special exemption from publication is granted by the Minister of Justice pursuant to article 67 of the Civil Code.

O.C. 1592-93, s. 17.

18. The notice of a change of name must include the following information:

(1)  the date of the decision to authorize the change of name;

(2)  the name recorded on the act of birth of the person for whom the change of name was applied for;

(3)  the date of birth of that person;

(4)  the new name granted to that person;

(5)  the date on which the decision to authorize the change of name takes effect;

(6)  the place and date of the notice; and

(7)  the signature of the registrar of civil status.

O.C. 1592-93, s. 18.

19. The registrar of civil statut shall send to the applicant a certificate of change of name. The registrar shall also make the required entries in the register of civil status to ensure the publication of the change of name.

O.C. 1592-93, s. 19.

DIVISION VI NOTIFICATION OF DOCUMENTS

20. The notification required by sections 8, 11, 12, 14 and 16 must be made in accordance with articles 146.1 and 146.2 of the Code of Civil Procedure (chapter C-25).

O.C. 1592-93, s. 20.

21. Notification is deemed to have been made on the date the receipt for the documents is signed by the person to be notified or on the date on which the acknowledgement of receipt presented by the postal employee at the time of delivery or, in the case of certified mail, the acknowledgement of delivery, is signed by the person to be notified or by one of the persons referred to in article 123 of the Code of Civil Procedure (chapter C-25).

O.C. 1592-93, s. 21.

22. Notification is proved by an affidavit of the sender attesting that all the required formalities have been completed, to which must be appended, as the case may be, the receipts, the acknowledgements of receipt or, in the case of certified mail, the acknowledgements of delivery.

O.C. 1592-93, s. 22.

DIVISION VII CHANGE OF DESIGNATION OF SEX

23. Sections 1, 2, 4 and 16 to 22 apply, with the necessary modifications, to a change of designation of sex.

O.C. 1592-93, s. 23.

23.1. If an applicant’s affidavit required under section 1 is in support of an application for a change of the designation of sex that appears in the person’s act of birth, the affidavit must also attest that

(1)  the designation of sex requested is the designation that best corresponds to the applicant’s sexual identity;

(2)  the applicant assumes and intends to continue to assume that sexual identity;

(3)  the applicant understands the seriousness of the undertaking; and

(4)  the applicant’s undertaking is voluntary and his or her consent is given in a free and enlightened manner.

O.C. 781-2015, s. 1.

23.2. An application for a change of the designation of sex that appears in an act of birth must be accompanied by, in addition to the documents referred to in section 4, an affidavit of a person of full age who attests to having known the applicant for at least one year and who confirms that the applicant is fully aware of the seriousness of the application.

O.C. 781-2015, s. 1.

23.3. If the applicant has already obtained a change of the designation of sex that appears in his or her act of birth, the application, in addition to the documents referred to in sections 4 and 23.2, must also be accompanied by a letter from a physician, a psychologist, a psychiatrist or a sexologist authorized to practise in Canada or in the State in which the applicant is domiciled who declares having evaluated or followed the applicant and is of the opinion that the change of the designation is appropriate, having regard to the affidavit made by the applicant in support of the initial application.

O.C. 781-2015, s. 1.

24. No one may, in an application for a change of designation of sex, request a change of surname.

O.C. 1592-93, s. 24.

DIVISION VIII FINAL

25. (Omitted).

O.C. 1592-93, s. 25.

REFERENCES

O.C. 1592-93, 1993 G.O. 2, 6209

O.C. 781-2015, 2015 G.O. 2, 2204