BILL NO. 81
(as passed)
3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011
Identification of Criminals Act
CHAPTER 37 OF THE ACTS OF 2011
The Honourable John MacDonell
Minister of Service Nova Scotia and Municipal Relations
First Reading: November 7, 2011 (LINK TO BILL AS INTRODUCED)
Second Reading: November 8, 2011
Third Reading: December 8, 2011
Royal Assent: December 15, 2011
An Act to Amend Chapter 66
of the Revised Statutes, 1989,
the Change of Name Act
Be it enacted by the Governor and Assembly as follows:
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:
(bb) "authorized agency" means an organization or police service referred to in subsection 12A(4);
3 Section 11 of Chapter 66 is repealed.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";
(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.
(4) The following are authorized agencies for the purpose of this Section:
(b) the Royal Canadian Mounted Police;
(c) a municipal police department or other police department providing policing services in the Province;
(d) a prescribed organization.
(5) An authorized agency shall put in place reasonable and sufficient safeguards to protect the confidentiality of the fingerprints of applicants and other personal information relating to applicants in its custody or under its control.
(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 respecting
(a) the protection of the confidentiality of; and
(b) the retention and destruction of,
fingerprints 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) the applicant would be unduly prejudiced or embarrassed by the publication;
(b) the change of name applied for is of a minor character;
(c) t he applicant has been commonly known under the name applied for and granted; or
7 Section 21 of Chapter 66 is amended by
(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;
(cc) respecting the process by which fingerprints are provided to the Royal Canadian Mounted Police;
(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
(ce) prescribing an organization as an authorized agency;8 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2011 Crown in right of Nova Scotia. Created December 14, 2011. Send comments to legc.office@novascotia.ca.
