Section 1 definitions of "director" and "district registrar" BEFORE repealed by 2002-74-51, effective December 19, 2002 (BC Reg 381/2002).
"director" means the Director of Vital Statistics appointed under the Vital Statistics Act;
"district registrar" means a District Registrar of Births, Deaths and Marriages appointed under the Vital Statistics Act;
Section 1 definitions of "chief executive officer" and "vital statistics registrar" were added by 2002-74-51, effective December 19, 2002 (BC Reg 381/2002).
Section 1 definition of "widowed" BEFORE repealed by 2011-25-414, effective November 24, 2011 (Royal Assent).
"widowed" refers both to a person who is a widower and to a person who is a widow.
Section 1 definition of "chief executive officer" BEFORE repealed by 2014-14-86(a), effective May 29, 2014 (Royal Assent).
"chief executive officer" means the chief executive officer under the Vital Statistics Act;
Section 1 definition of "registrar general" was added by 2014-14-86(a), effective May 29, 2014 (Royal Assent).
Section 1 definition of "surname" BEFORE amended by 2014-14-86(a), effective May 29, 2014 (Royal Assent).
"surname" includes a family name and patronymic;
Section 2 (1) BEFORE amended by 2014-14-87, effective May 29, 2014 (Royal Assent).
(1) A person in British Columbia must not change his or her name unless authorized so to do by section 4, and then only in the manner provided by this Act.
Section 2 (1) BEFORE amended by 2023-10-729, effective March 30, 2023 (Royal Assent).
(1) A person in British Columbia must not change his or her name unless authorized to do so by section 4, and then only in the manner provided by this Act.
Section 4 (5) and (6) BEFORE amended by 2002-74-52, effective December 19, 2002 (BC Reg 381/2002).
(5) If a person whose consent is required under this Act
(a) is deceased or mentally disordered or cannot after reasonable, diligent and adequate search be located, or
(b) is, in the opinion of the director, unreasonably withholding his or her consent,
the applicant may, with the approval of the director, proceed with the application without the consent of that person.
(6) If, in the opinion of the director, exceptional circumstances make it unreasonable to seek the consent of a person as required under this Act, the applicant may, with the approval of the director, proceed with the application without the consent of that person.
Section 4 (1) and (3) BEFORE amended by 2011-25-415(a) and (b), effective March 18, 2013 (BC Reg 131/2012).
(1) Subject to this section, a person who has attained the age of majority or, if the age of majority has not been attained, is a parent having custody of his or her child and who is domiciled in British Columbia for at least 3 months, or has resided in British Columbia for at least 3 months immediately before the date of the application, may, unless prohibited by this or another Act, change his or her name on complying with this Act.
(3) Subject to subsection (4), a person who is the parent of and who has custody of an unmarried minor child may, with the consent of the other parent of the child, apply to change the child's name, but, if the application is to change the child's surname to that of the applicant's spouse, the consent of the spouse is required.
Section 4 (3), (5) and (6) BEFORE amended by 2014-14-88, effective May 29, 2014 (Royal Assent).
(3) Subject to subsection (4), a person who is the parent of and who has guardianship or custody of an unmarried minor child may, with the consent of the other parent of the child, apply to change the child's name, but, if the application is to change the child's surname to that of the applicant's spouse, the consent of the spouse is required.
(5) If a person whose consent is required under this Act
(a) is deceased or mentally disordered or cannot after reasonable, diligent and adequate search be located, or
(b) is, in the opinion of the chief executive officer, unreasonably withholding his or her consent,
the applicant may, with the approval of the chief executive officer, proceed with the application without the consent of that person.
(6) If, in the opinion of the chief executive officer, exceptional circumstances make it unreasonable to seek the consent of a person as required under this Act, the applicant may, with the approval of the chief executive officer, proceed with the application without the consent of that person.
Section 4 (1) and (4) BEFORE amended by 2023-10-731(a) and (b), effective March 30, 2023 (Royal Assent).
(1) Subject to this section, a person who has attained the age of majority or, if the age of majority has not been attained, is a parent having guardianship or custody of his or her child and who is domiciled in British Columbia for at least 3 months, or has resided in British Columbia for at least 3 months immediately before the date of the application, may, unless prohibited by this or another Act, change his or her name on complying with this Act.
(4) If a person applies to change the name of an unmarried minor child who has attained the age of 12 years, he or she must first obtain the consent in writing of the child.
Section 4 (5) (b) BEFORE amended by 2023-10-731(c), effective March 30, 2023 (Royal Assent).
(b) is, in the opinion of the registrar general, unreasonably withholding his or her consent,
Section 4 (1) and (3) BEFORE amended by 2024-25-1, effective September 1, 2024 (BC Reg 230/2024).
(1) Subject to this section, a person who has attained the age of majority or, if the age of majority has not been attained, is a parent having guardianship or custody of the person's child and who is domiciled in British Columbia for at least 3 months, or has resided in British Columbia for at least 3 months immediately before the date of the application, may, unless prohibited by this or another Act, change the person's name on complying with this Act.
(3) Subject to subsection (4), a parent having guardianship or custody of an unmarried minor child may, with the consent of all other parents having guardianship and other guardians of the child, apply to change the child's name, but, if the application is to change the child's surname to that of the applicant's spouse, the consent of the spouse is required.
Section 5 (5) BEFORE amended by 2002-74-52, effective December 19, 2002 (BC Reg 381/2002).
(5) The district registrar of the court must transmit a copy of the order to the director, who must register the change of name accordingly.
Section 5 (2) BEFORE amended by 2011-25-416, effective March 18, 2013 (BC Reg 131/2012).
(2) If an applicant under subsection (1) has minor children of the marriage of whom he or she has lawful custody, the applicant may also apply to the Supreme Court to change the name of those children, but the Supreme Court, before making an order under subsection (1) in respect of those children, must require the written consent of the other parent.
Section 5 (2) and (5) BEFORE amended by 2014-14-89, effective May 29, 2014 (Royal Assent).
(2) If an applicant under subsection (1) has minor children of the marriage of whom he or she has guardianship or custody, the applicant may also apply to the Supreme Court to change the name of those children, but the Supreme Court, before making an order under subsection (1) in respect of those children, must require the written consent of the other parent.
(5) The district registrar of the court must transmit a copy of the order to the chief executive officer, who must register the change of name accordingly.
Section 5 (1) sandwich text BEFORE amended by 2023-10-732(a), effective March 30, 2023 (Royal Assent).
the Supreme Court may, at any time, on the application of a former spouse, order that his or her name be changed to the name he or she desires.
Section 5 (2) and (3) BEFORE amended by 2023-10-732(b) and (c), effective March 30, 2023 (Royal Assent).
(2) If an applicant under subsection (1) has minor children of the marriage of whom he or she has guardianship or custody, the applicant may also apply to the Supreme Court to change the name of those children, but the Supreme Court, before making an order under subsection (1) in respect of those children, must require the written consent of all other parents.
(3) If the Supreme Court renders a judgment granting a divorce, it may, at the same time and whether or not claimed in the petition for divorce or by motion in the divorce proceeding, order that the name of a spouse be changed to the name he or she desires, to become effective on the same day as the judgment granting the divorce.
Section 6 (1) BEFORE amended by 2002-74-53(a), effective December 19, 2002 (BC Reg 381/2002).
(1) A person intending to make an application for a change of name must, before making the application give notice of that intention by publishing, within the period of 2 months prior to filing the application with the director, a notice including the person's present and intended names in one issue of the Gazette and in one issue of a newspaper circulating in the district in which he or she is resident.
Section 6 (3) BEFORE amended by 2002-74-53(b), effective December 19, 2002 (BC Reg 381/2002).
(3) The director may exempt an applicant from complying with subsection (1) if it is in the public interest to do so.
Section 6 BEFORE repealed by 2002-12-25, effective December 19, 2002 (BC Reg 381/2002).
Publication of notice of intention
6 (1) A person intending to make an application for a change of name must, before making the application give notice of that intention by publishing, within the period of 2 months prior to filing the application with the chief executive officer, a notice including the person's present and intended names in one issue of the Gazette and in one issue of a newspaper circulating in the community in which he or she is resident.
(2) Subsection (1) does not apply if an application for change of name is made for the sole purpose of changing the surname of a minor to the surname of the applicant.
(3) The chief executive officer may exempt an applicant from complying with subsection (1) if it is in the public interest to do so.
Section 6.1 was enacted by 2002-15-18, effective December 19, 2002 (BC Reg 381/2002).
[Note: above was amended by 2002-74-42, effective December 19, 2002 (BC Reg 381/2002).]
Section 6.1 (1) BEFORE amended by 2014-14-90, effective May 29, 2014 (Royal Assent).
(1) A person entitled to change his or her name or the name of his or her minor child under section 4 must, within the 30 day period before the person files an application under section 7, start a process, satisfactory to the chief executive officer, for a criminal record check of the person whose name is to be changed.
Section 6.1 (1) BEFORE amended by 2023-10-733, effective March 30, 2023 (Royal Assent).
(1) A person entitled to change his or her name or the name of his or her minor child under section 4 must, within the 30 day period before the person files an application under section 7, start a process, satisfactory to the registrar general, for a criminal record check of the person whose name is to be changed.
Section 6.1 BEFORE re-enacted by 2024-25-3, effective September 1, 2024 (BC Reg 230/2024).
Criminal record check
6.1 (1) A person entitled to change the person's name or the name of the person's minor child under section 4 must, within the 30 day period before the person files an application under section 7, start a process, satisfactory to the registrar general, for a criminal record check of the person whose name is to be changed.
(2) Subsection (1) applies to a minor child only if the child is at least 18 years of age.
Section 7 BEFORE amended by 2002-74-54, effective December 19, 2002 (BC Reg 381/2002).
Documents to be filed with director
7 (1) An applicant for a change of name must pay the prescribed fees to the director and must file with the director an application containing all of the following:
(a) a statement of all relevant facts;
(b) an affidavit verifying the application;
(c) the consent of every person whose consent is necessary under this Act;
(d) proof of publication of the notice prescribed by section 6;
(e) further documentary evidence or information required by the director;
(f) the name and address of every person whose name will be changed because of a change of name of the applicant.
(2) The director must preserve in his or her office all documents filed with the director, and except as provided in section 13, neither the documents themselves or information contained in the documents may be made available to any person, except the following:
(a) an officer of the government;
(b) a person authorized by the Minister of Health in writing;
(c) a person who has obtained from the Supreme Court an order permitting inspection.
(3) An order under subsection (2) (c) must not be made except on an application showing good cause, of which 5 days' notice has been served on the director.
Section 7 (1) (d) BEFORE repealed by 2002-12-26, effective December 19, 2002 (BC Reg 381/2002).
(d) proof of publication of the notice prescribed by section 6;
Section 7 (1.1), (1.2) and (1.3) were added by 2002-15-19, effective December 19, 2002 (BC Reg 381/2002).
[Note: above was amended by 2002-74-42, effective December 19, 2002 (BC Reg 381/2002).]
Section 7 (2) (b) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
(b) a person authorized by the Minister of Health in writing;
Section 7 BEFORE amended by 2014-14-90, effective May 29, 2014 (Royal Assent).
Documents to be filed with chief executive officer
7 (1) An applicant for a change of name must pay the prescribed fees to the chief executive officer and must file with the chief executive officer an application containing all of the following:
(a) a statement of all relevant facts;
(b) an affidavit verifying the application;
(c) the consent of every person whose consent is necessary under this Act;
(e) further documentary evidence or information required by the chief executive officer;
(f) the name and address of every person whose name will be changed because of a change of name of the applicant.
(1.1) In addition to the requirements set out in subsection (1), an applicant for a change of his or her name must file with the chief executive officer a form that authorizes the chief executive officer to provide the Royal Canadian Mounted Police with
(a) the applicant's name and change of name to be registered under this Act,
(b) the applicant's fingerprints,
(c) the applicant's date of birth, and
(d) other personal information of the applicant that is necessary for a criminal record check to be conducted.
(1.2) In addition to the requirements set out in subsection (1), an applicant for a change of name of his or her minor child who is at least 18 years of age must file with the chief executive officer a form that authorizes the chief executive officer to provide the Royal Canadian Mounted Police with
(a) the child's name and change of name to be registered under this Act,
(c) the child's date of birth, and
(d) other personal information of the child that is necessary for a criminal record check to be conducted.
(1.3) Despite subsection (2) but subject to the regulations, the chief executive officer must disclose to the Royal Canadian Mounted Police information related to an applicant or his or her child that is described in subsection (1.1) or (1.2), as the case may be, on the change of the applicant's or child's name being registered under section 9.
(2) The chief executive officer must preserve in his or her office all documents filed with the chief executive officer, and except as provided in section 13, neither the documents themselves or information contained in the documents may be made available to any person, except the following:
(a) an officer of the government;
(b) a person authorized by the minister in writing;
(c) a person who has obtained from the Supreme Court an order permitting inspection.
(3) An order under subsection (2) (c) must not be made except on an application showing good cause, of which 5 days' notice has been served on the chief executive officer.
Section 7 (1.1) (part), (1.2) (part), (1.3) and (2) (part) BEFORE amended by 2023-10-734, effective March 30, 2023 (Royal Assent).
(1.1) In addition to the requirements set out in subsection (1), an applicant for a change of his or her name must file with the registrar general a form that authorizes the registrar general to provide the Royal Canadian Mounted Police with
(1.2) In addition to the requirements set out in subsection (1), an applicant for a change of name of his or her minor child who is at least 18 years of age must file with the registrar general a form that authorizes the registrar general to provide the Royal Canadian Mounted Police with
(1.3) Despite subsection (2) but subject to the regulations, the registrar general must disclose to the Royal Canadian Mounted Police information related to an applicant or his or her child that is described in subsection (1.1) or (1.2), as the case may be, on the change of the applicant's or child's name being registered under section 9.
(2) The registrar general must preserve in his or her office all documents filed with the registrar general, and except as provided in section 13, neither the documents themselves or information contained in the documents may be made available to any person, except the following:
Section 7 (1.1) (part) and (1.2) (part) BEFORE amended by 2024-25-4(b), effective September 1, 2024 (BC Reg 230/2024).
(1.1) In addition to the requirements set out in subsection (1), an applicant for a change of the applicant's name must file with the registrar general a form that authorizes the registrar general to provide the Royal Canadian Mounted Police with
(1.2) In addition to the requirements set out in subsection (1), an applicant for a change of name of the applicant's minor child who is at least 18 years of age must file with the registrar general a form that authorizes the registrar general to provide the Royal Canadian Mounted Police with
Section 9 BEFORE amended by 2002-74-56, effective December 19, 2002 (BC Reg 381/2002).
9 (1) On receipt of an application and of the documents required to be filed with it, the director must, if the director is satisfied that the proposed change is authorized by this Act, register the change of name.
(2) If the director is not satisfied that the proposed change is authorized by this Act the director must refuse to register the change of name and must notify the applicant.
(3) The director must not register a change of name that would result in the applicant having only one name.
(4) The director must refuse an application if the director is of the opinion
(a) that the name that the applicant seeks to adopt might reasonably cause mistake or confusion or be a cause of embarrassment or confusion to any other person, or
(b) that the change of name is sought for an improper purpose or is on any other ground objectionable.
(5) If the director refuses to register a change of name, the applicant, within 30 days after receipt of notification of the refusal, may appeal the refusal to the Supreme Court.
(6) The court
(a) may consider the evidence it considers relevant,
(b) must dispose of the appeal in a summary manner, and
(c) may make the order it thinks proper.
(7) The appellant must serve notice of the appeal on the director not less than 5 days before the hearing.
(8) An appeal from a decision of the court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
Section 9 (1) to (5) and (7) BEFORE amended by 2014-14-90, effective May 29, 2014 (Royal Assent).
(1) On receipt of an application and of the documents required to be filed with it, the chief executive officer must, if the chief executive officer is satisfied that the proposed change is authorized by this Act, register the change of name.
(2) If the chief executive officer is not satisfied that the proposed change is authorized by this Act the chief executive officer must refuse to register the change of name and must notify the applicant.
(3) The chief executive officer must not register a change of name that would result in the applicant having only one name.
(4) The chief executive officer must refuse an application if the chief executive officer is of the opinion
(a) that the name that the applicant seeks to adopt might reasonably cause mistake or confusion or be a cause of embarrassment or confusion to any other person, or
(b) that the change of name is sought for an improper purpose or is on any other ground objectionable.
(5) If the chief executive officer refuses to register a change of name, the applicant, within 30 days after receipt of notification of the refusal, may appeal the refusal to the Supreme Court.
(7) The appellant must serve notice of the appeal on the chief executive officer not less than 5 days before the hearing.
Section 10 (2) BEFORE amended by 2024-25-5, effective September 1, 2024 (BC Reg 230/2024).
(2) Registration of a change of surname of a person shall, subject to section 4 (3) and (4), effect a similar change in the surname of each of the unmarried minor children of the applicant that is included in the application.
Section 11 BEFORE amended by 2002-74-57, effective December 19, 2002 (BC Reg 381/2002).
11 (1) If a change of name has been effected under section 10, a certificate of change of name, setting out the names of all persons for whom a change of name has been effected, signed by the director and issued under the director's seal of office, must
(a) be kept in the office of the director, and
(b) be preserved and remain in the director's custody as part of the records of the director's office.
(2) The director must deliver or mail to the applicant a copy of the certificate.
Section 11 BEFORE amended by 2014-14-91, effective May 29, 2014 (Royal Assent).
Certificate of change of name
11 (1) If a change of name has been effected under section 10, a certificate of change of name, setting out the names of all persons for whom a change of name has been effected, signed by the chief executive officer and issued under the chief executive officer's seal of office, must
(a) be kept in the office of the chief executive officer, and
(b) be preserved and remain in the chief executive officer's custody as part of the records of the chief executive officer's office.
(2) The chief executive officer must deliver or mail to the applicant a copy of the certificate.
Section 12 (1) BEFORE amended by 2002-74-58, effective December 19, 2002 (BC Reg 381/2002).
(1) Promptly after issuing a certificate under section 11, the director shall publish in the Gazette the person's new and former names.
Section 12 BEFORE repealed by 2002-12-27, effective December 19, 2002 (BC Reg 381/2002).
[Note: above was amended by 2002-74-41, effective December 19, 2002 (BC Reg 381/2002).]
Public notice
12 (1) Promptly after issuing a certificate under section 11, the chief executive officer shall publish in the Gazette the person's new and former names.
(2) Subsection (1) does not apply where a certificate of change of name issued under section 11 is for an application made in accordance with section 6 (2) or is for an applicant exempted under section 6 (3).
Section 12 BEFORE amended by 2014-14-92, effective May 29, 2014 (Royal Assent).
Publication of change of name
12 (1) Promptly after issuing a certificate of change of name under section 11, the chief executive officer must publish
(a) the person's new and former names,
(b) the person's date of birth,
(c) the name of the municipality in which the person resides, and
(d) the effective date of the certificate.
(2) Publication under subsection (1) may be in any form accessible to qualified applicants as determined by the chief executive officer, including electronic publication.
(3) Subsection (1) does not apply if
(a) the change of name is made for the sole purpose of changing the surname of a minor to the surname of the applicant, or
(b) in the opinion of the chief executive officer, publication is not in the public interest.
Section 13 (1) BEFORE amended by 2002-74-58, effective December 19, 2002 (BC Reg 381/2002).
(1) A person, on application and on payment of the prescribed fees, may have a search made of the registrations of changes of names kept in the office of the director and may obtain from the director a certificate stating the facts as registered for a change of name.
Section 13 (5) BEFORE amended by 2002-74-58, effective December 19, 2002 (BC Reg 381/2002).
(5) If the director has exempted an applicant under section 6 (3) from the requirement to publish notice of his or her intention to change his or her name and the director considers it in the public interest to do so, the director may refuse to issue a certificate or give information respecting the person's change of name.
Section 13 (5) BEFORE repealed by 2002-12-28, effective December 19, 2002 (BC Reg 381/2002).
[Note: above was amended by 2002-74-41, effective December 19, 2002 (BC Reg 381/2002).]
(5) If the chief executive officer has exempted an applicant under section 6 (3) from the requirement to publish notice of his or her intention to change his or her name and the chief executive officer considers it in the public interest to do so, the chief executive officer may refuse to issue a certificate or give information respecting the person's change of name.
Section 13 (1) and (5) BEFORE amended by 2014-14-92, effective May 29, 2014 (Royal Assent).
(1) A person, on application and on payment of the prescribed fees, may have a search made of the registrations of changes of names kept in the office of the chief executive officer and may obtain from the chief executive officer a certificate stating the facts as registered for a change of name.
(5) If the chief executive officer has made a determination under section 12 (3) (b) not to publish a change of name and the chief executive officer considers it in the public interest to do so, the chief executive officer may refuse to issue a certificate under subsection (1) of this section or give information respecting the person's change of name.
Section 14 (1) BEFORE amended by 2002-74-58, effective December 19, 2002 (BC Reg 381/2002).
(1) If the name of a person of whose birth registration has been made under the Vital Statistics Act is changed under this Act, the director must cause a marginal notation of the change of name to be made on the original record of the birth or marriage of the person.
Section 14 (3) BEFORE amended by 2002-74-58, effective December 19, 2002 (BC Reg 381/2002).
(3) If an application is made for a certificate of the registration of birth or marriage on the record of which a marginal notation has been made under subsection (1), the director must issue the certificate as if the original registration had been made in the name of that person as changed under this Act.
Section 14 (1) and (3) BEFORE amended by 2014-14-92, effective May 29, 2014 (Royal Assent).
(1) If the name of a person of whose birth registration has been made under the Vital Statistics Act is changed under this Act, the chief executive officer must cause a marginal notation of the change of name to be made on the original record of the birth or marriage of the person.
(3) If an application is made for a certificate of the registration of birth or marriage on the record of which a marginal notation has been made under subsection (1), the chief executive officer must issue the certificate as if the original registration had been made in the name of that person as changed under this Act.
Section 15 (1) BEFORE amended by 2002-74-58, effective December 19, 2002 (BC Reg 381/2002).
(1) If a person has been convicted of obtaining a change of name by fraud or misrepresentation, after the time for appeal against the conviction has expired, or if, an appeal having been taken, the conviction is sustained, the director must annul the change of name by order effective from the date named in it.
Section 15 (3) BEFORE amended by 2002-74-58, effective December 19, 2002 (BC Reg 381/2002).
(3) If the director has, under subsection (1), annulled a change of name, the director may by order require a person to whom a copy of the certificate has been issued under this Act promptly to deliver it up.
Section 15 (1) and (3) BEFORE amended by 2014-14-92, effective May 29, 2014 (Royal Assent).
(1) If a person has been convicted of obtaining a change of name by fraud or misrepresentation, after the time for appeal against the conviction has expired, or if, an appeal having been taken, the conviction is sustained, the chief executive officer must annul the change of name by order effective from the date named in it.
(3) If the chief executive officer has, under subsection (1), annulled a change of name, the chief executive officer may by order require a person to whom a copy of the certificate has been issued under this Act promptly to deliver it up.
Section 17 (3) BEFORE amended by 2002-74-58, effective December 19, 2002 (BC Reg 381/2002).
(3) The director may waive the collection of a fee from a person if the director considers it necessary in order to obtain compliance with the Act or to avoid hardship to the person.
Section 17 (3) BEFORE amended by 2014-14-92, effective May 29, 2014 (Royal Assent).
(3) The chief executive officer may waive the collection of a fee from a person if the chief executive officer considers it necessary in order to obtain compliance with the Act or to avoid hardship to the person.