Statutes of Newfoundland and Labrador 2023 Chapter 21

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2009 cC-8.1
as amended

1. (1) Paragraph 2(1)(d) of the Change of Name Act, 2009 is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

(2) Subsection 2(1) of the Act is amended by adding immediately after paragraph (d) the following:

(d.1) "department" means the department presided over by the minister;

(3) Paragraph 2(1)(f) of the Act is repealed and the following substituted:

(f) "judge" means a judge of the Provincial Court or the Supreme Court, as the context requires;

(4) Subsection 2(1) of the Act is amended by adding immediately after paragraph (f) the following:

(f.1) "listed offence" means

(i) an offence under any of the following provisions of the Criminal Code:

(A) section 163.1 (child pornography),

(B) section 172.1 (luring a child),

(D) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

(E) paragraph 273(2)(a) (aggravated sexual assault - use of a restricted firearm or prohibited firearm or any firearm in connection with criminal organization),

(F) paragraph 273(2)(a.1) (aggravated sexual assault - use of a firearm),

(G) paragraph 273(2)(b) (aggravated sexual assault),

(H) section 279.011 (trafficking - person under 18 years),

(I) subsection 279.02(2) (material benefit - trafficking of person under 18 years),

(J) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

(K) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and

(L) subsection 286.3(2) (procuring - person under 18 years),

(ii) an offence under the following provision of the Criminal Code chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:

(A) section 144 (rape),

(iii) an offence under any of the following provisions of the Criminal Code chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

(A) section 246.1 (sexual assault),

(B) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

2. Paragraph 3(b) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

3. (1) Subsection 4(1) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(2) Subsection 4(2) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

(3) Subsection 4(3) of the Act is amended by deleting the words "to change his or her name where he or she" and substituting the words "for a change of name where the child".

4. Subsection 6(1) of the Act is amended by deleting the words "his or her child" and substituting the words "a child of the parent".

5. (1) Subsection 10(2) of the Act is amended by deleting the word "and" at the end of paragraph (c) and adding immediately after paragraph (c) the following:

(c.1) a certified criminal records check satisfactory to the registrar general from the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police or another organization approved by the minister; and

(2) Section 10 of the Act is amended by adding immediately after subsection (2) the following:

(3) Notwithstanding paragraph (2)(c.1), an applicant is not required to provide a certified criminal records check where the application relates to the change of a child’s name.

6. (1) Section 11 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding subsection (1), where a certified criminal records check provided in accordance with paragraph 10(2)(c.1) discloses that the applicant was convicted of a listed offence, the registrar general shall provide the application and other documentation provided under section 10 to the minister to determine whether to grant or refuse the change of name.

(2) Subsection 11(2) of the Act is amended by deleting the word "or" at the end of paragraph (a), deleting the comma at the end of subparagraph (b)(iv) and substituting a semi-colon and the word "or" and by adding immediately after subparagraph (b)(iv) the following:

7. Section 14 of the Act is repealed and the following substituted:

Publication of change of name

14. (1) The registrar general shall immediately publish a notice of a change of name granted under this Act in the Gazette, except where publication of a notice is dispensed with under subsection (2).

(2) The minister may allow an exemption to the requirement to publish the change of name under subsection (1) where, in the minister's opinion,

(a) the applicant would be unduly prejudiced or embarrassed by the publication;

(b) the change of name applied for is of a minor effect; or

(3) Notwithstanding subsection (2), the minister may impose other terms and conditions respecting the notification of change of name where publication is not required by that subsection.

8. Subsection 16(5) of the Act is repealed and the following substituted:

(5) This section shall apply to a document which references the name of the person whose name has changed and shall apply, with the necessary changes, to documents which reference both the person whose name has changed and another person only where the consent of that other person has been obtained.

9. Paragraph 17(b) of the Act is amended by deleting the words "his or her" and substituting the word "the".

10. (1) Subsection 18(4) of the Act is amended by deleting the words "his or her".

(2) Subsection 18(5) of the Act is amended by deleting the words "him or her" and substituting the words "the minister".

11. (1) Paragraph 19(1)(b) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

(2) Paragraph 19(1)(c) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

(3) Paragraph 19(1)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

Transitional

12. Where an application for a change of name is filed before the coming into force of this Act, the applicant is not required to file a certified criminal records check referred to in paragraph 10(2)(c.1).