Changing a name after a refusal

What is it for?

Rule 35 — Change of name ↗ governs an application to the court under section 7(3) of the Change of Name Act ↗ after the Registrar General has refused a requested change of name. It sets a short starting deadline, a way to serve the Registrar General, and time for the Registrar General’s reasons.

What it does not do: it is not the routine administrative name-change application and it does not govern parenting claims. If you meant the parenting affidavit, go to Rule 35.1.

Prepare the court application

1. Keep the refusal notice. Note exactly when you were notified: Rule 35(1) counts from that notice. Identify the change requested and the Registrar General’s refusal.
2. Prepare the application and supporting material. Explain the order you ask the court to make and attach the refusal and material that supports your request. Check the current court form and any filing direction for this type of Change of Name Act application.
3. File within 30 days of notice of refusal. Rule 35(1) sets this deadline for making the court application. Use Rule 3 to count and check any court order.
4. Serve the Registrar General. Rule 35(2) says to serve the application and supporting material by delivering or mailing a copy to the Deputy Registrar General. Keep proof of what was sent and when. Check the current address and delivery instructions with the official source before sending.
5. Follow the court’s next direction. The Registrar General may file reasons for the refusal within 15 days after service under Rule 35(3). Ask the court office how the application is scheduled and how you will receive any filed reasons; Rule 35 does not itself supply a universal hearing date or confirmation form.

Timeline and service

1. Day of refusal notice: record the date you were notified.
2. Within 30 days after that notice: make the court application under Rule 35(1).
3. After preparing it: serve the application and supporting documents on the Registrar General by delivery or mail to the Deputy Registrar General under Rule 35(2).
4. Within 15 days after that service: the Registrar General may file reasons for refusal under Rule 35(3).

Confirm the court’s filing and scheduling instructions for your location. Keep the stamped or accepted application, service record, and any court notices together.

Hot points to remember

• The 30-day clock starts with notification of refusal: do not assume it starts when you decide to go to court.
• Serve the government official: Rule 35(2) specifies service through the Deputy Registrar General.
• Rule 35.1 is different: Forms 35.1 and 35.1A concern parenting claims, not a change-of-name refusal.

Forms, page limits, and Ottawa process

Form: Rule 35 calls for an application and supporting material but does not name a special Form 35. Check the current Ontario family forms ↗ and court office for the appropriate application form and filing channel before you submit.

Page limits: Rule 35 does not set its own affidavit, exhibit or factum page limit. A later motion or hearing may have separate rules or practice directions.

Ottawa: use the court’s current family filing and scheduling instructions and East Region direction ↗ if proceeding in Ottawa Superior Court. This page does not assume the application is automatically booked for a date.