In Saskatchewan, The Change of Name Act, 1995 provides the framework for legally changing your name or the name of your child. When you marry, divorce or are widowed, you can change your surname by election. In this case, you can simply choose to use a different last name. In all other cases you must apply for a name change.
In order to change your own or your child’s first, middle or last name, you must:
You must contact eHealth Saskatchewan to apply to change your name. They can give you the forms for changing your name and provide further assistance.
Affidavits must be sworn before a Justice of the Peace, Commissioner for Oaths or Notary Public. These can be found in the phone book or through online directories.
Your application must include:
Whether eHealth Saskatchewan requires additional information varies from situation to situation. They may require things like proof of age or proof of residency.
Once completed, you can submit the application to eHealth in person or by mail. Applications will typically be accepted if you meet all the requirements and pay the required fees.
eHealth Saskatchewan may refuse your application if:
It is an offence to obtain a change of name by making a false or misleading statement. The punishment can be as much as a $50,000 fine or two years imprisonment or both.
You do not need your spouse's consent to apply to change your own name. You must however either:
In cases where you can simply elect to change your name, you do not need your spouse’s consent or to notify them.
You can also apply to change the name of your spouse at the same time that you apply to change your own name. Your spouse's consent is required in this case.
Parents, or others, who are the legal custodian of a child can apply to change the child's first, middle or last name. Every other legal custodian of the child must consent to this in writing.
Both parents are legal custodians unless they never lived together after the birth of the child. In that case, the parent who the child lives with is the legal custodian. Agreements and court orders can also change who the legal custodian is.
If the child is 14 years of age or older, they must also provide their written consent. You can apply to change the name of your child at the same time that you apply to change your name or at any other time.
If your application meets all the requirements your new name will be registered and you will receive a Certificate of Change of Name. By law, most name changes are published in the Saskatchewan Gazette, which is available to the public. The fees you need to pay include a charge for this advertisement. In very rare circumstances publishing your name in the Gazette may not be required.
Once changed, you have the right to have your new name substituted in any document or record that contains your old name. You should make arrangements to change your name on things like your bank accounts, health card and driver's licence. A copy of the Certificate of Change of Name should be sent with each request or notice of name change. Some agencies and institutions may charge a fee for issuing documentation in a new name.
If you were born in Saskatchewan, you can obtain a
new Birth Certificate once your change of name has been registered. Application
forms are available online or by contacting eHealth Saskatchewan.
If you were born in another province, you must apply to that province for a new Birth Certificate. Your Certificate of Change of Name will assist with this. Quebec does not recognize Saskatchewan Certificates of Change of Name.
In some cases, you can change your last name without applying to eHealth Saskatchewan. This is called a name change by election.
If you are someone’s spouse, you can change your name by election. Spouses include people who are legally married or living together as common law spouses. If you are not legally married, you will need to file a declaration confirming your spousal relationship. There is a fee for this form.
You can only use your spouse’s last name if they are using their birth name or the name they were using immediately before becoming your spouse.
A spouse can choose to use:
Spouses may also elect to use a double surname consisting of both spouses' surnames. Double surnames:
If both spouses choose to use a double surname, each spouse must use the same components but may combine them in a different order.
There is no application process or fee for changing your last name by election. If you change your name because of a spousal relationship, you can change it back to one of the above choices at any time. Spouses wishing to change their name to something other than the above choices must make an application and pay the required fee.
When a spousal relationship ends, a former spouse may elect to use:
If you were not legally married, you must file a declaration indicating that the relationship has ended to continue to use or change a last name by election. There is a fee for this form.
Changing a last name by election does not change your name on your Birth Registration or your Birth Certificate. Individuals who have elected to change their last name may also wish to change their last name on things such as bank accounts, health cards and drivers' licences. Agencies involved may require proof of the relationship and may also charge a fee for issuing documents with a changed last name.
The Regina Public Library and Saskatoon Public Library are hosting free Law Fair events during Saskatchewan Access to Justice Week to connect people with free legal information, assistance, and support. Attend to acquire legal knowledge and to broaden awareness of legal rights and responsibilities!