3rd Session, 61st General Assembly
60 Elizabeth II, 2011
The Honourable John MacDonell
Minister of Service Nova Scotia and Municipal Relations
First Reading: November 7, 2011
Second Reading: November 8, 2011
Third Reading: December 8, 2011 (LINK TO BILL AS PASSED)
Clause 1 provides a short title to this Act.
(a) adds definitions of "approved" and "authorized agency"; and
(b) updates the definition of "judge".Clause 3 eliminates the requirement that an applicant for a change of name publish notice of the application in the Royal Gazette.
(a) substitutes the use of forms, affidavits and consents prescribed by regulation with ones approved by the Registrar General;
(b) eliminates the requirement that an applicant file a copy of the Royal Gazette containing notice of the application with the Registrar; and
(c) requires that information regarding previous legal changes of name of the person whose name is to be changed be included with the application.Clause 5
(b) requires that the fingerprints be forwarded to the RCMP to enable it to link the person's present and proposed name if the person has a criminal record;
(c) prevents the Registrar from approving a person's name change unless the person's fingerprints have been provided to the RCMP;
(d) sets out what is an authorized agency for the purpose of taking fingerprints;
(e) requires an authorized agency to safeguard the confidentiality of a person's fingerprints and other personal information; and
(f) permits the Registrar to enter into an agreement with the RCMP, an authorized agency or any person or organization for any purpose related to the new Section 12A in Clause 5.Clause 6 gives the Registrar discretion to dispense with the publication of notice of the name change in certain circumstances. Clause 7
(b) allows the Governor in Council make regulations exempting persons from the fingerprinting requirement, regulating the fingerprinting procedure, establishing requirements to protect the confidentiality of applicants' fingerprints and other personal information and prescribing an organization as an authorized agency.Clause 8 provides that this Act comes into force on proclamation.
1 This Act may be cited as the Identification of Criminals Act.
2 Section 2 of Chapter 66 of the Revised Statutes, 1989, the Change of Name Act, is amended by
(a) adding immediately after clause (b) the following clauses:
3 Section 11 of Chapter 66 is repealed.
4 (1) Subsection 12(1) of Chapter 66 is amended by striking out "prescribed" in the third line and substituting "approved".
(2) Subsection 12(2) of Chapter 66 is amended by
(a) striking out "Every applicant shall file with his application" in the first and second lines and substituting "An application must include";
(b) striking out clause (a);
(c) striking out "prescribed" in the second line of clause (b) and substituting "approved";
(d) striking out "prescribed" in the first line of clause (c) and substituting "approved";
(e) striking out "and" at the end of clause (c); and
(f) adding immediately after clause (c) the following clause:
(2) The fingerprints taken by an authorized agency pursuant to subsection (1) must be submitted to the Royal Canadian Mounted Police, along with the present and proposed name and date of birth of the person whose name is to be changed, for the purpose of linking the person's present and proposed name if the person has a criminal record.
(3) The Registrar shall not approve an application to change the name of a person who is required to be fingerprinted under subsection (1) until the Registrar is satisfied that the person's fingerprints have been provided to the Royal Canadian Mounted Police.
(6) The Registrar may enter into an agreement with the Royal Canadian Mounted Police, an authorized agency or any person or organization, for any purpose related to this Section, including an agreement respectingfingerprints and other personal information provided to the Royal Canadian Mounted Police, authorized agency or other person or organization pursuant to this Section.
6 Section 16 of Chapter 66 is amended by
(a) adding "(1)" immediately after the Section number;
(b) striking out ", except where the publication of notice of the application was dispensed with by an order under Section 11" in the third and fourth lines and substituting "unless publication is dispensed with pursuant to subsection (2)"; and
(c) adding the following subsection:
(a) striking out "applications, notices of application, affidavits and" in the first and second lines of clause (a); and
(b) adding immediately after clause (c) the following clauses:
(cb) respecting procedures to be followed when a person applying for a change of name is fingerprinted, including prescribing additional information or documentation to be provided to an authorized agency;
(cd) establishing requirements to protect the confidentiality of fingerprints and other personal information relating to applications for changes of name in the custody or under the control of an authorized agency, including
8 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.