How To Register a Change in Name

Step 1: Lands Office is Contacted

A Locatee The individual First Nation member who holds lawful possession of a duly allotted parcel of reserve land. A locatee must be a registered member of the First Nation making the allotment or entitle to be registered under the Indian Act. contacts the lands office to request a name change.

Step 2: Take Notes

Use Lands File Note to take detailed notes of the conversation or email noting the following:

• Full current name, DOB and band number

• Name they wish to change to

• Legal land description(s)

• Inquire as to whether or not the name change has occurred in the IRS (band list) previously

  Name must reflect what is current in the IRS (band list)

• Inform locatee must provide supporting documentation to verify name change. 

• Acceptable documents to verify new name (certified true copy is acceptable) are as follows:

  • Birth certificate

  • Certificate of name change (https://www.ontario.ca/page/change-name)

    Name change must be verified with membership before proceeding with the application in ILRS.

Step 3:  Lands Research and Verification

• Pull Parcel An area of reserve land regardless of dimension. Abstract(s)

• Ensure that the land parcel is registered to the locatee

• Conduct an Evidence of Title Search to ensure that all parcels in current name are accounted for

Step 4: Complete Application

Complete the Application Form on Citrix, or use the PDF version in the forms section

• In the section that says Grantor The person, corporation, partnership or other entity from who the interest in acquired. – insert the current name of the locatee

• In the section that says Grantee The person, corporation, partnership or other entity acquiring the interest. – insert the new name the locatee wishes to change to

• Choose Request instrument (code 023) if you are using the Citrix version

Although, the Land Management Manual provides reference to Change of Name Instrument A formal legal document dealing with transactions relating to interests in Indian land; the document specifies the type of transaction, the parcel of land, the parties to the transaction, and any legal details and specifications. Code 079, the Request for Replacement of Title Code 023 is reflected on Individual Land Holding parcels. When a parcel has been re-surveyed or subdivided, or a band membership number has changed, or a request for a new Evidence of Title from the lawful possessor will be registered. For registration purposes Ministerial Consent and Affidavit of Execution A written statement, sworn before a person having authority to administer an oath, by a person having witnessed a document testifying to the document having been signed by the parties thereof. are not required.

Step 5: Complete the Request for Replacement of Title Form

Complete the Request for Replacement of Title Form (instrument code 023) if the name change pertains to a parcel of land and not an instrument (i.e. Certificate of Possession).

All parcels that are held in the Locatee’s name must be listed on the form for the name change to occur on all parcels in lawful possession.  In other words, the name change does not automatically apply to all parcels held in lawful possession.

Step 6:  Register with the Indian Lands Registry Office

Finished Original Package will include:

• Checklist on the front of the package

• Two (2) originals of the Application Page (can be completed in the Indian Lands Registry System The ILRS is a repository of documentation and does not purport to guarantee title or accuracy of documentation filed therein.  It is guided by a set of interacting procedures designed to govern the registration of rights in reserve lands. or on the application for registration form)

• Copy of the Parcel Abstract

• Applicable Supporting documentation i.e. marriage certificate, birth certificate, etc.

• If applicable – Replacement of Title form

Ensure you keep one (1) copy of the package in your local First Nation Lands File.

Send a full PDF copy of the completed application package to your Lands Officer so that they can verify for completeness prior to sending in the originals. 

Step 7: Distribution

• Once you receive a Certificate of Possession, issue the one original copy to the locatee(s). (Inform the CP Holder that only one original copy is issued.)

• Ensure you keep a duplicate copy of the certificate of possession along with a copy of the application package in your local First Nations lands file.

Completed lands registry documents are classified as Protected B documents, please ensure you are protecting the information of your clients by securing these documents in a responsible manner - for more information on the Federal Privacy Act & the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA is the federal privacy law for private-sector organizations. It sets out the ground rules for how businesses must handle personal information in the course of their commercial activity. For more information visit https://laws-lois.justice.gc.ca/ENG/ACTS/P-8.6/index.html