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Chapter 3

British Columbia

It is a relatively simple process to apply for a formal, legal name change in British Columbia. 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 British Columbia as you will see in the following 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 various places (e.g., credit card companies, Social Insurance). Organizations may have additional requirements, so you will have to contact them to find out if you 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 the official divorce certificate (or a notarized copy of it) and your birth certificate.

1.3 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 British Columbia, you will need to contact Vital Statistics or a 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 also complete the Statutory Declaration Re: Correction of Error or Omission in Birth Registration form online (www.vs.gov.bc.ca/forms/vsa412B_fill.pdf).

The fee is $27 at time of writing.

See the download kit included with this book.

2. Who Is Eligible to Apply?

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

• A resident of British Columbia for at least the previous three months.

• Someone who is 19 years of age or older.

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

• You can apply to change a child’s name (you’ll need a birth certificate showing parentage; and the child must be younger than 19, but if older than 12 must also give his or her consent. Your spouse’s or the other parent’s consent may also be needed.)

If you’re younger than the age of 19, 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 or guardian of a child.

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

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 what accents are acceptable. There is also a limit to the amount of punctuation marks and accents that will be accepted.

4. Application Process

You can get the current Application for Change of Name form from Vital Statistics or Service BC offices or on Vital Statistics’ website at www.vs.gov.bc.ca/forms/vsa529.pdf; you also need to separately obtain a fingerprinting package (see section 4.2). Follow the instructions in the packages carefully.

When you are done completing the Application form, you have to return to the registry to submit the form to a registry agent in person. The fingerprinting package will be submitted by the RCMP; it will not be returned to you.

It can take a minimum of four to six weeks to process your application (longer if information needs clarification).

Refer to the download kit included with this book for an example of an Application form.

4.1 Necessary documents

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

People who were not born in British Columbia will have 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 name. If born outside of Canada, certified copies of immigration papers or a permanent resident card is required.

A marriage certificate may be necessary, as well as proof of custody if a parent is applying to change a child’s name without the other parent’s consent.

You will need to provide the registry agent with a proof of your foundation identity, with your identification meeting the following criteria:

• Original British Columbia birth certificates or notarized copies.

• Any Canadian immigration identity documentation such as Canadian citizenship certificate or Permanent Resident Card, or certified copies.

Applicants must include the following:

• Original marriage certificates (original certificates and not the civil or religious marriage certificates, if married in Canada).

• A photocopy of marriage certificates if married outside of Canada.

• Written consents (if you are changing the name of a child, partner, or spouse; these are included for you to fill out as part of the Application form)

If you have previously had a legal name change, you must disclose this information by also including any original Change of Name certificates in former names.

4.2 Fingerprint requirements

The 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 18 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.

Once you decide to apply to legally change your name, obtain a fingerprint package, either in person at Vital Statistics or Service BC, by phoning 250-952-2681, or by emailing HLTH.CNFORMS@gov.bc.ca.

4.3 Publication of name change

After a certificate of change of name is issued, the chief executive officer must publish the person’s new and former names, date of birth, municipality of residence, and effective date, unless the person is a minor whose name is being changed to that of the adult applicant or if the chief executive officer decides publication is not in the public interest. This information used to be printed in the BC Gazette but now is fully searchable online at www.qplegaleze.ca.

4.4 Statutory declaration

As part of the change of name application form, you will find a statutory declaration, in which you will need to swear or affirm that what you said in your application is true. You will need to take it to a lawyer, notary public, or commissioner for taking affidavits in British Columbia to have it properly sworn or affirmed.

You can find a commissioner, lawyer, or notary either through the local courthouse or in the Yellow Pages. 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 currently $137 per application (or one legal name change and one large certificate); for additional individuals younger than 19 years old on the adult’s application add $27 each. Also add $25 per person for criminal record checks levied on behalf of the RCMP, and bear in mind that local police departments may charge a fingerprinting fee which can vary.

You can pay the registry by certified cheque or money order payable to the Minister of Finance, or by credit card.

The swearing or affirming of the affidavit by a commissioner or notary will have a fee, which can vary so shop around; Vital Statistics currently charges $17 for document witnessing.

6. Contact

If you have questions, you can contact the British Columbia Vital Statistics Agency.

Website: www.vs.gov.bc.ca

Telephone: 604-660-2937 or 250-952-2681

Toll free: 1-888-876-1633

Mail:

British Columbia Vital Statistics Agency

PO Box 9657 STN PROV GOVT

Victoria, BC V8W 9P3