For a survivor of domestic violence, changing a legal name can be a powerful and liberating step towards reclaiming their identity and starting a new life free from fear. However, the standard legal process for a name change in Ontario includes a public notice requirement, which can create a significant safety risk.

As you’ve correctly identified, the Change of Name Act provides a crucial safeguard: the Request to Omit Publication on the grounds of domestic violence. This provision allows a survivor to legally change their name without that change being publicly announced, preventing an abuser from using the public record to track them.

This guide explains the process and the evidence needed to make this vital request.

Normally, when an adult changes their name in Ontario, they must submit an application to ServiceOntario. Once approved, the government is required to publish the person's old name and new name in the Ontario Gazette, the official publication for provincial legal notices.

The purpose of this public notice is to prevent fraud by ensuring that creditors, business partners, and other interested parties are aware of the name change. For a survivor, however, this public notice can be a dangerous beacon.

The "Request to Omit Publication" is a specific provision that allows you to ask the Registrar General to waive the public notice requirement. To be granted this exemption on the grounds of domestic violence, you must demonstrate that you have a reasonable fear for your safety or your child's safety if the name change were to be made public.

This is not an automatic process; you must provide a compelling written explanation and strong supporting evidence.

Step 1: Get the Correct Application Package

The first step is to get the "Application for Change of Name" package from the official ServiceOntario website. Ensure you have the most current version of the forms.

Step 2: Complete the Main Application for Change of Name

Fill out the main application form with your personal details, your current legal name, and your proposed new name. This part of the process is the same for everyone.

Step 3: Complete the "Request to Omit Publication"

This is the most critical part of your application. You will find a specific section or an accompanying form for this request. Here, you must provide a detailed, personal written statement explaining why you need the exemption.

Writing Your Statement:

Your statement should clearly and concisely explain:

• The relationship to the person you fear.
• The history of domestic violence. You do not need to be graphically detailed, but you must establish a pattern of abuse or control.
• Why you fear for your safety. Describe the nature of the threats or past behaviour.
• Crucially, explain how publishing your name change would create a risk. For example: "My former partner has a history of stalking and has used online records to find me in the past. Publishing my name change in the Ontario Gazette would provide him with the information needed to locate me and my child, putting us at significant risk of harm."

Step 4: Gather Strong Supporting Documents

Your personal statement is much more powerful when backed by official documentation. You should include copies of any relevant documents that support your claim of abuse and risk. These can include:

• A copy of a current or past restraining order or peace bond.
• A letter from a support person who has direct knowledge of your situation. This can be a police officer, a social worker, a counsellor, a victim services worker (e.g., from Victim Services Toronto), or a worker at a domestic violence shelter. The letter should confirm the history of abuse and support your belief that you are at risk.
• A police report or occurrence number related to a domestic incident.
• A sworn affidavit (Form 14A) that you may have prepared for a family court proceeding.
• Medical reports detailing injuries, if applicable.

Step 5: Submit the Complete Package

Assemble your completed application form, your written statement requesting the omission of publication, and all your supporting documents. You can submit the package online or by mail to ServiceOntario as per the instructions in the application kit. You will also need to pay the required government fee.

The Registrar General's office will review your application and your request to omit publication. If they are satisfied that you have a reasonable fear for your safety, they will approve both the name change and the request to keep it confidential.

• Your name change will not appear in the Ontario Gazette.
• You will receive an official Change of Name Certificate in the mail.
• You can then use this certificate to update all your other identification, such as your driver's license, health card, Social Insurance Number, passport, and bank accounts.

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Disclaimer: This is general information and not legal advice. The process requires careful attention to detail. For assistance with your application or for help obtaining a support letter, consider contacting a local victim services agency or a community legal clinic.