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 8 juin 2023

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chapter CCQ, r. 4

Regulation respecting change of name and of other particulars of civil status and substitution of the usual given name

Civil Code of Québec

(Civil Code, arts. 64 and 73).

O.C. 1592-93; S.Q. 2022, c. 22, s. 196.

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 designation of sex appearing in the person’s act of birth;

(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)  (paragraph revoked);

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

(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; S.Q. 2022, c. 22, s. 197.

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 or parents on the date on which the application is filed;

(2)  if the child’s father or mother or parents or one of them have 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; S.Q. 2022, c. 22, s. 198.

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)  (subparagraph revoked);

(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;

(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; and

(7)  a copy of the special exemption from publication, where applicable.

The application must also be accompanied with the payable duties.

O.C. 1592-93, s. 4; O.C. 1015-2017, s. 1; S.Q. 2022, c. 22, s. 199.

DIVISION II PUBLICATION OF AN APPLICATION FOR A CHANGE OF NAME

5. The registrar of civil status is to publish on the website of the registrar a notice of the application for a change of name, unless such publication is not required under article 63 of the Civil Code.

The notice is published for 15 days after the applicant has consented to it.

O.C. 1592-93, s. 5; O.C. 1015-2017, s. 2.

6. The notice of application for a change of name must include the following information:

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

(2)  the domiciliary address of the person who is the subject of the application;

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

(4)  the period of publication 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.

O.C. 1592-93, s. 6; S.Q. 2016, c. 19, s. 16; O.C. 1015-2017, s. 3.

7. (Revoked).

O.C. 1592-93, s. 7; O.C. 1015-2017, s. 4.

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 or parents, 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; S.Q. 2022, c. 22, s. 200.

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; and

(5)  the place and date of the notice;

(6)  (paragraph revoked).

O.C. 1592-93, s. 9; O.C. 1015-2017, s. 5.

10. The applicant shall provide the registrar of civil status 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; O.C. 1015-2017, s. 6.

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

11. Any interested person may notify the applicant and the registrar of civil status of his or her views within 20 days of the end of the publication of the notice provided for in section 5.

O.C. 1592-93, s. 11; O.C. 1015-2017, s. 7.

12. The persons notified of an application to change the name of a minor child, in accordance with section 8, 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; O.C. 1015-2017, s. 8.

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 AND PUBLICATION OF THE DECISION AUTHORIZING THE CHANGE OF NAME

O.C. 1592-93, Div. V; O.C. 1015-2017, s. 9.

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. The registrar of civil status is to publish on the website of the registrar a notice of the registrar’s decision authorizing the change of name or of the judicial decision, rendered upon review of the registrar’s decision, authorizing the change, unless such publication is not required under article 67 of the Civil Code.

The notice is published as soon as the change of name produces its effects.

O.C. 1592-93, s. 17; I.N. 2016-01-01 (NCCP); O.C. 1015-2017, s. 10.

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

(1)  the date of the decision authorizing 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 authorizing the change of name takes effect; and

(6)  the date of the notice;

(7)  (paragraph revoked).

O.C. 1592-93, s. 18; O.C. 1015-2017, s. 11.

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 109 to 140 of the Code of Civil Procedure (chapter C-25.01).

O.C. 1592-93, s. 20; I.N. 2016-01-01 (NCCP); O.C. 1015-2017, s. 12.

21. (Revoked).

O.C. 1592-93, s. 21; I.N. 2016-01-01 (NCCP); O.C. 1015-2017, s. 13.

22. (Revoked).

O.C. 1592-93, s. 22; I.N. 2016-01-01 (NCCP); O.C. 1015-2017, s. 13.

DIVISION VII CHANGE OF DESIGNATION OF SEX

23. Divisions I and III and sections 12 to 16, 19 and 20 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; O.C. 1015-2017, s. 14; S.Q. 2022, c. 22, s. 201.

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.

24.1. For the purposes of the designation of sex appearing in a person’s act of birth and act of death, the letter symbols “M”, “F” or “X” are used to refer to the identifiers “male”, “female” or “non-binary”, as the case may be.

S.Q. 2022, c. 22, s. 202.

DIVISION VII.1 SUBSTITUTION OF THE USUAL GIVEN NAME

S.Q. 2022, c. 22, s. 202.

24.2. A notice of substitution of the usual given name must include the following information:

(1)  the name of the person who is the subject of the notice of substitution, as recorded on the act of birth;

(2)  the person’s date of birth;

(3)  the new usual given name chosen; and

(4)  the date of the notice.

Where the notice concerns a minor child, it also includes the name, capacity and domiciliary address of the person submitting the notice for the child, and the name and domiciliary address of the person to whom the notice must be notified.

S.Q. 2022, c. 22, s. 202.

24.3. A notice of substitution of the usual given name must be accompanied by the following information concerning the person who is the subject of the notice:

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

(2)  the designation of sex appearing in the person’s act of birth;

(3)  the person’s domiciliary address on the date on which the notice of substitution is submitted and the number of years the person has been domiciled in Québec;

(4)  the name of the person’s father and mother or parents or, if applicable, of the person’s tutor;

(5)  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; and

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

The notice concerning a minor child must also be accompanied by the following information concerning the child:

(1)  the domiciliary address of the child’s father and mother or parents or, if applicable, of the child’s tutor on the date on which the notice of substitution is submitted;

(2)  if the child’s father, mother or parent 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, the effective date of the tutorship and an indication as to whether or not the tutor is filing the application for the minor child.

The notice must be accompanied by the documents provided for in section 4, with the necessary modifications.

S.Q. 2022, c. 22, s. 202.

24.4. The person submitting the notice of substitution of the usual given name for a minor child shall notify it, in the manner prescribed in Division VI, to the father and mother or the parents of the child, the child’s tutor, if applicable, and to the child, if 14 years of age or over.

The person submitting the notice shall provide the registrar of civil status with proof that the notification has been made; otherwise, the person must prove that he was unable to make the required notification.

S.Q. 2022, c. 22, s. 202.

24.5. The persons who were notified of the notice of substitution of the usual given name may object to the substitution.

To do so, they shall, in accordance with Division VI, notify the registrar of civil status and the person who gave the notice of their objection not later than the 20th day following the date of notification of the notice of substitution.

The objection must include the information required under section 13, with the necessary modifications.

S.Q. 2022, c. 22, s. 202.

24.6. The person who submitted the notice of substitution of the usual given name of a minor child may reply to the objections stated, within 15 days from the day on which the person receives notification thereof. The person shall, in accordance with Division IV, notify the reply to the registrar of civil status, to the objector and, where applicable, to the other interested persons.

The reply must include the information required under section 15, with the necessary modifications.

S.Q. 2022, c. 22, s. 202.

24.7. Unless an objection subsists, the registrar of civil status is to publish on the website of the registrar the notice of substitution that was submitted, with the date on which the new usual given name takes effect, unless such publication is not required under article 56.3 of the Civil Code.

S.Q. 2022, c. 22, s. 202.

DIVISION VII.2 CHANGE OF PARENTAL DESIGNATION

S.Q. 2022, c. 22, s. 202.

24.8. An application for a change of the designation “father”, “mother” or “parent” appearing in a child’s act of birth must include the information required under section 2, with the necessary modifications.

The applicant shall notify the application, in the manner prescribed in Division IV, to the child, if 14 years of age or over. The applicant shall provide the registrar of civil status with proof that the notification has been made; otherwise, the applicant must prove that he was unable to make the required notification.

S.Q. 2022, c. 22, s. 202.

24.9. A child 14 years of age or over who wishes to object to an application for a change of the designation of one of his parents as “father”, “mother” or “parent” in his act of birth shall, in accordance with Division VI, notify the registrar of civil status and the applicant of his objection, not later than the 20th day following the date of notification of the application.

S.Q. 2022, c. 22, s. 202.

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

O.C. 1015-2017, 2017 G.O. 2, 3321

S.Q. 2022, c. 22, ss. 197, 198 and 200

S.Q. 2022, c. 22, ss. 197, 199, 201 and 202

S.Q. 2022, c. 22, s. 196