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Chapter 2

Alberta

It is a relatively simple process to apply for a formal, legal name change in Alberta. This chapter will provide you with the information you will need.

1. Who Doesn’t Require a Legal Name Change?

Not everyone needs to go through the formal process to legally change his or her name in Alberta as you will see in the following four sections.

1.1 Marriage

If a person wants to take his or her spouse’s name through marriage, the process is simple. Either spouse may choose to use the other’s last name, or a combination of the two last names. You can combine the two last names using a hyphen or space. The order of the two names is up to you.

You will need to update all your identification (see Appendix II) by visiting with or sending the official marriage certificate (or a notarized copy of it) to the various places you want your name changed (e.g., credit card companies, Social Insurance). Organizations may have additional requirements, so you will have to contact them to find out if you’ll need to send more than a marriage certificate.

1.2 Divorce

If you’re recently divorced, you can return to the last name you had before marriage. You will follow the same process as you did when you got married by contacting the various organizations (e.g., banks, credit card companies) and asking what they need in order to change your identification. Many places will need to see your official divorce certificate (or a notarized copy of it) and your birth certificate.

1.3 Change of parent

You can add or delete the father or co-parent from the birth record of a child who is younger than 12 years old; at that time, the child’s name may be changed. The child has to be born in Alberta to do this.

Both parents can apply to add a father or co-parent by completing a Joint Application.

If a father or co-parent is being deleted from the Registration of Birth, a parentage declaration order is needed in order to amend the parentage. Contact Service Alberta for more about this (see section 6.)

1.4 Amendment of a name

In some circumstances, a person can correct his or her name without completing the legal name change process. At the time of birth, registration is completed and filed permanently with Vital Statistics. If the registration includes incomplete, missing, or incorrect information, you can request to correct it.

If you were not born in Alberta, you will need to contact the Vital Statistics or similar agency in the jurisdiction where you were born.

You can contact a registry agent in your area or contact Vital Statistics directly for an amendment. You can complete the Request to Amend an Alberta Vital Statistics Registration form online (www.servicealberta.ca/pdf/vs/Amendment_Form_2013.pdf). Vital Statistics will contact you with instructions of what to do next such as submitting affidavits and evidence (if necessary).

The fee is $20 unless the amendment is made within 90 days of the birth or event that necessitated the amendment.

2. Who Is Eligible to Apply?

The following outlines who is eligible to apply for a formal name change:

• A resident of Alberta.

• Someone who is 18 years of age or older.

• You can apply for a name change if it is your own name.

• You can change your spouse’s name (you’ll need a marriage certificate and his or her consent).

• You can change a partner’s name (you’ll need a Statutory Declaration of Adult Interdependent Relationship, which is for same-sex or common-law couples, as well as the person’s consent).

• You can change a child’s name (you’ll need a birth certificate showing parentage; and the child must be younger than 18 and give his or her consent).

• You can change a ward’s name (you’ll need a copy of the guardianship order; and the child must be younger than 18 and give his or her consent if 12 or over).

If you’re younger than the age of 18, you may still change your name if one or more of the following applies:

• You’re legally married.

• You’re living in an adult interdependent relationship.

• You’re the parent of a child.

• You’re the guardian of a child.

If you are a temporary resident (e.g., work or student visa), or tourist/visitor, you cannot apply for a name change in Alberta.

3. Name Restrictions

There are some restrictions on what type of name you can choose:

• You must include a first and last name.

• The name has to use the Roman alphabet.

• The name cannot have non-letter characters (i.e., no symbols).

• The name cannot include profanity.

• The name cannot include numbers.

Some punctuation marks are acceptable, such as a period, a hyphen, and an apostrophe. If you want to have an accent in your name, you will need to contact the registry to find out which accents are acceptable. There is also a limit to the amount of punctuation marks and accents that will be accepted.

4. Application Process

You cannot apply online for a legal name change in Alberta. You have to physically go to a registry and pick up the booklet of forms. When you are done completing the forms, you have to return to the registry to submit the forms to a registry agent. The registry has strict rules on how to complete the forms; for example, the forms come in a booklet and if you remove any of the forms from it, you will have to begin the application process all over again with a new booklet. Keep in mind, the perforated pages in the booklet tear easily so be careful when completing the forms. You can see an example of this form in the download kit included with this book.

4.1 Necessary documents

You will need to bring your original Canadian birth certificate. If you don’t have the original, you can get a notarized copy of your Canadian birth certificate. If you were born in Alberta, and you don’t have an original birth certificate, Vital Statistics will find the original on file for you. You’re required to include with the application all original birth certificates.

People who were not born in Alberta will need to contact their former jurisdiction where they were born. That jurisdiction may have different instructions for applying for a new birth certificate with the new, formally changed name.

You will need to provide the registry agent with a proof of identity document when you are submitting your name change application. These are the requirements:

• Issued by a government body (e.g., driver’s licence, Permanent Resident Card, Canadian citizenship certificate, treaty status card).

• Must include the person’s full name.

• Must include the person’s photo.

• Contains a distinct identification number.

• Must be valid (i.e., not expired).

• Must be a document that has been issued within the last five years.

Each situation is different, but you also may be required to provide the following:

• Marriage certificates (original certificates and not the civil or religious marriage certificates).

• Written consents (if you are changing the name of a child, partner, or spouse).

• Dispensations.

• Affidavit.

• Proof of marital status.

• Court order.

• Guardianship order.

• Affidavit of Sole Guardianship.

• Notarized translation of documents (including an affidavit affirmed or sworn by a translator).

Those born outside of Canada will need a Canadian citizenship certificate or Permanent Resident Card. The registry will not accept the following documents from those born outside Canada:

• Social insurance card.

• Notice of birth registration.

• Baptismal certificate.

• Immigration documents.

• Passport.

• Driver’s licence.

• Commemoration of Canadian citizenship.

• Health-care card.

If you have previously had a legal name change, you must disclose this information. You will also need a copy of all your previous Change of Name Certificates. However, if you have completed the previous change of name in Alberta, Vital Statistics will have access to this in its records. This doesn’t include changing a name by marriage or from a legal adoption order. You can see an example of this form in the download kit included with this book.

4.2 Fingerprint requirements

The Alberta RCMP requires a person who is completing a legal name change to provide fingerprints as part of his or her application process. This applies to all persons who are 12 years of age or older. The fingerprints are cross-referenced with criminal records by the Canadian Criminal Real Time Identification Service (CCRTIS) in Ottawa. Note that the fingerprints are not kept on file with the RCMP, CCRTIS, or Vital Statistics after the application process is complete.

You can contact the local RCMP to take your fingerprints, either manually (i.e., on paper) or electronically. If manual fingerprints are taken, you’ll need to include the original form when you submit your change of name application. Electronic fingerprints are submitted by the RCMP to the CCRTIS, and you’ll receive a confirmation letter from CCRTIS, which you will submit with your change of name application.

4.3 Publication of name change

The change of name booklet includes a form you’ll need to sign in regards to publication of the name change. According to the Vital Statistics Act, all registered name changes must be published in the Alberta Gazette in both the online and paper formats. See the example in the download kit included with this book.

If there is a reason you don’t want your new name published (e.g., due to someone stalking you or violent domestic situations), you can put forth an order to the Court of Queen’s Bench dispensing with publication. You will need to include the court order with your change of name application. Note that it is very rare that the court will dispense with the publication requirements.

4.4 Affidavit

In the booklet for the change of name application, you will find an affidavit, in which you will need to swear or affirm that what you said in your application is true. Without removing it from the booklet, you will need to take it to a Commissioner for Oaths or a notary public in Alberta to have it properly sworn or affirmed.

You can find a commissioner or notary either in the local court house, or look in the Yellow Pages for an independent notary service. There is a fee for this service, which can vary, so shop around to find the most reasonable price.

5. Cost and Payment Methods

The government fee is $120 per application (including either one person or an entire family); however, there is also the fee the independent registry charges on top of the government fee. In some cases, it may be as high as, or even higher than $300 (including the government fee). The registry fee has not been capped by the government, so make sure you do some research to find the best price.

You can pay the registry by cash, debit card, credit card, money order, or traveller’s cheque. If you pay using a personal cheque, the application is delayed for 14 days in order to process the cheque.

There is also an additional cost of $25 for the RCMP fingerprint processing fee. Note that this fee varies depending on your jurisdiction.

The swearing or affirming of the affidavit by a commissioner or notary will also have a fee, which can vary so shop around.

6. Contact

On the Service Alberta website, there is a list of independent registries that provide services for Vital Statistics. You can also find them listed in the Yellow Pages under “licensing services.”

Note: You must be physically present in a registry office; you cannot send your information in the mail. It has to be submitted by a registry agent.

If you have questions, you can talk to your local registry, or you can contact Service Alberta.

Website: www.servicealberta.gov.ab.ca/1641.cfm

Telephone: 780-427-7013 (Edmonton and surrounding areas)

Toll Free: 310-0000 then dial 780-427-7013

Mail:

Service Alberta

Vital Statistics

Box 2023

Edmonton, Alberta T5J 4W7