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 10 juin 2016

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 must include the following information on the person who is the subject of the application:

(1)  the person’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 person’s sex;

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

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

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

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

(7)  the person’s civil status and, if the person is married or in a civil union, the spouse’s name and the date and place of their marriage or civil union;

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

(9)  if the person’s name has been changed following a judicial or administrative decision, the person’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 person is applying for a change of name.

O.C. 1592-93, s. 2; S.Q. 2016, c. 19, s. 14.

3. An application concerning a minor child must include the following information, in addition to the information required under section 2:

(1)  the domiciliary address of the child’s father and mother on the date on which the application is filed;

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

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

(4)  if the child has a tutor, 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 tutor’s name, the tutor’s domiciliary address, the mode of appointment of the tutor and the effective date of the tutorship.

The application must also include the following information on the tutor who is making the application for the minor child:

(1)  the tutor’s name, as stated in the tutor’s act of birth;

(2)  the tutor’s domiciliary address on the date on which the application is filed; and

(3)  the tutor’s capacity in relation to that child.

O.C. 1592-93, s. 3; S.Q. 2016, c. 19, s. 15.

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. The notice of application for a change of name must include the following information on the person who is the subject of the application:

(1)  the person’s name, as stated in the person’s act of birth;

(2)  the person’s domiciliary address;

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

(4)  the place and date of the notice.

Where the application is to change the name of a minor child, the notice of application must also include the name of the person making the application for the minor child, that person’s domiciliary address and his or her capacity in relation to the child.

The notice of application must include the signature of the person making the application.

O.C. 1592-93, s. 6; S.Q. 2016, c. 19, s. 16.

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 403 of the Code of Civil Procedure (chapter C-25.01), 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; I.N. 2016-01-01 (NCCP).

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 article 110 of the Code of Civil Procedure (chapter C-25.01).

O.C. 1592-93, s. 20; I.N. 2016-01-01 (NCCP).

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 registered mail, the acknowledgement of delivery, is signed by the person to be notified or by one of the persons referred to in articles 130 and 132 of the Code of Civil Procedure (chapter C-25.01).

O.C. 1592-93, s. 21; I.N. 2016-01-01 (NCCP).

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 registered mail, the acknowledgements of delivery.

O.C. 1592-93, s. 22; I.N. 2016-01-01 (NCCP).

DIVISION VII CHANGE OF DESIGNATION OF SEX

23. Divisions I and III and sections 12 to 22 apply, with the necessary modifications, to a change of designation of sex.

O.C. 1592-93, s. 23; S.Q. 2016, c. 19, s. 17.

23.1. If an applicant’s affidavit required under section 1 is in support of an application made by a person 14 years of age or over 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 gender identity;

(2)  the applicant assumes and intends to continue to assume that gender 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.

If a tutor’s affidavit is in support of an application made by the tutor for a minor child, the affidavit must also attest that

(1)  the designation of sex requested for the minor child is the designation that best corresponds to the child’s gender identity;

(2)  the minor child assumes that gender identity;

(3)  the tutor understands the seriousness of the minor child’s undertaking; and

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

O.C. 781-2015, s. 1; S.Q. 2016, c. 19, s. 18.

23.2. An application for a change of the designation of sex that appears in an act of birth of a person of full age 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.

An application for a change of the designation of sex for a minor child must be accompanied by, in addition to the documents referred to in section 4, a letter from a physician, a psychologist, a psychiatrist, a sexologist or a social worker authorized to practise in Canada or in the State in which the child is domiciled who declares having evaluated or followed the child and is of the opinion that the change of designation is appropriate.

O.C. 781-2015, s. 1; S.Q. 2016, c. 19, s. 19.

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, a sexologist or a social worker 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; S.Q. 2016, c. 19, s. 20.

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

S.Q. 2016, c. 19, ss. 14 to 20