IN THE PROVINCIAL COURT OF BRITISH COLUMBIA

[1]           This was an application by D.R.S. seeking an order that his name be put on the birth registration of his child C.P., born [omitted for publication] and to have C.P.’s last name changed to S.

[2]           The legislation that governs whether I can grant this relief is contained in the Vital Statistics Act, R.S.B.C. 1996 c. 479 and the Family Law Act, S.B.C. 2011 c. 25.  The Vital Statistics Act provides under s. 4.1 that the court may, in an order declaring parentage, make an order changing the child’s name.  Under s. 4.1(3)(c), that name change cannot be made without the consent of C.P., because he is 16 years old.

[3]           “Court” is not defined in the Vital Statistics Act.  Therefore, there can be no bar to this court making such an order provided that it otherwise has jurisdiction to do so.

[4]           The Family Law Act permits the Provincial Court to make declarations in limited circumstances.  Arguably, this includes the findings that are necessary under s. 39 to determine whether a parent is a guardian.  That section does not specifically grant such powers to the Provincial Court but the most recent authority in L.(K.L.) v. J.(D.), 2014 BCPC 85 (CanLII), 2014 B.C.P.C. 85, held that the court does not need to make an order declaring guardianship under that section.  It merely needs to acknowledge guardianship.  This was the step taken on May 10, 2017 pending these Reasons.  However, that is not a declaration of parentage.

[5]           Under s. 31, this court may declare whether a person is a child’s parent if such an order is necessary to determine another family law dispute over which this court has jurisdiction.  This section is intended for those circumstances where there is a dispute or any uncertainty as to whether a person is or is not a parent.  There is no such dispute before me.  It is clear that D.R.S. is a parent of C.P.  There does not therefore appear to be any jurisdiction of this court to make the declaration as sought.

[6]           I am satisfied that I do not have the jurisdiction to make the declaration of parentage necessary to also make an order changing C.P.’s name from P. to S.  Only the Supreme Court appears to have such jurisdiction.  Absent C.P.’s consent to do so, I do not have authority to do so in any event.

[7]           Any amendment to the birth registration to include D.R.S.’s name as father is presented with the same obstacle under s. 3(6)(b) of the Vital Statistics Act.

[8]           Regrettably, with no other paternity issue outstanding before the court, D.R.S.’s application must be dismissed.