Statutes of Newfoundland and Labrador 2021 Chapter 14

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2009 cV-6.01
as amended

1. (1) Section 26 of the Vital Statistics Act, 2009 is amended by adding immediately after subsection (1) the following:

(1.1) A person who has reached the age of 16 years and whose birth is not registered in the province may apply to the registrar general to change that person's sex designation where they have been ordinarily resident in the province for at least 3 months.

(2) Subsection 26(2) of the Act is repealed and the following substituted:

(2) An application made under subsection (1) or (1.1) shall include

(a) a statutory declaration made by the applicant stating that the applicant has assumed, identifies with and intends to maintain the gender identity that corresponds with the requested sex designation; and

(b) other documentary evidence the registrar general may require.

(3) Subsection 26(3) of the Act is repealed and the following substituted:

(3) Where a person has satisfied the requirements of this section, the registrar general may

(a) where an application is made under subsection (1), record the change of sex designation on the person's birth registration; or

(b) where an application is made under subsection (1.1), register the change of sex designation for the person and issue a certificate of change.

(4) Section 26 of the Act is amended by adding immediately after subsection (3) the following:

(3.1) A certificate of change issued under paragraph (3)(b) shall be in the required form and shall contain the information required by the minister, including

(a) the name of the person whose sex designation is changed;

(b) the date of the person's birth;

(d) the person's sex designation prior to the issuance of the certificate;

(e) the sex designation to be registered;

(f) the registration number; and

(g) the date of issuance.

2. (1) Section 26.1 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) The parent of a child whose birth is not registered in the province may apply to the registrar general to change the sex designation of the child where the parent and the child have been ordinarily resident in the province for at least 3 months.

(2) Subsection 26.1(2) of the Act is repealed and the following substituted:

(2) An application made under subsection (1) or (1.1) shall include

(a) a statutory declaration made by the applicant stating that the child has assumed, identifies with and intends to maintain the gender identity that corresponds with the requested sex designation;

(b) a statement from one of the following persons who has treated, evaluated or consulted with the child that confirms that the sex designation requested by the applicant is consistent with the sex designation with which the child identifies:

(i) a medical practitioner,

(ii) a registered nurse,

(iii) a nurse practitioner,

(iv) a psychologist registered under the Psychologists Act, 2005,

(v) a social worker registered under the Social Workers Act, or

(vi) where the child resides outside the province, a person who is authorized in another province to practise and is practising a profession equivalent to that practised by a person referred to in subparagraphs (b)(i) to (v);

(c) the written consent of the other parent registered on the child's birth registration or, where there is no other parent registered on the child's birth registration, confirmation that there are no legal proceedings ongoing in relation to the parentage or custody of the child;

(d) where the child is 12 years of age or older, the consent of the child;

(e) where the child is under 12 years of age, a statement from one of the persons referred to in subparagraphs (b)(i) to (vi), other than the person who provided a statement under paragraph (b), who has treated, evaluated or consulted with the child that confirms that the sex designation requested by the applicant is consistent with the sex designation with which the child identifies; and

(f) other documentary evidence the registrar general may require.

(3) Subsection 26.1(3) of the Act is repealed and the following substituted:

(3) Where a parent of a child has satisfied the requirements of this section, the registrar general may

(a) where an application is made under subsection (1), record the change of sex designation on the child's birth registration; or

(b) where an application is made under subsection (1.1), register the change of sex designation for the child and issue a certificate of change.

(4) Section 26.1 of the Act is amended by adding immediately after subsection (3) the following:

(3.1) A certificate of change issued under paragraph (3)(b) shall be in the required form and shall contain the information required by the minister, including

(a) the name of the child whose sex designation is changed;

(b) the date of the child's birth;

(d) the child's sex designation prior to the issuance of the certificate;

(e) the sex designation to be registered;

(f) the registration number; and

(g) the date of issuance.

(5) Subsection 26.1(4) of the Act is repealed and the following substituted:

(4) Notwithstanding subsection (2), where an applicant does not fulfil the requirement in paragraph (2)(c), the registrar general may record the change of sex designation of the child on the child's birth registration or issue a certificate of change where

(a) the applicant provides documentation satisfactory to the registrar general that

(i) the applicant notified the other parent of the child's requested sex designation change and of the other parent's right to object to the change,

(ii) the applicant has provided an affidavit of service showing that the other parent was personally served with the notice or provided documentation showing that the notice was sent to the other parent by registered mail and that the other parent received that notice, and

(iii) 30 days have elapsed since the other parent received the notice and that parent has not filed an objection to the sex designation change;

(b) the applicant provides documentation satisfactory to the registrar general that the other parent of the child is deceased; or

(c) the registrar general is directed to record the change of sex designation of the child on the child's birth registration or issue a certificate of change by order of the court.

(6) Subsection 26.1(5) of the Act is repealed and the following substituted:

(5) Where a custody order has been made in respect of a child, an application to change the sex designation of a child on the child's birth registration or issue a certificate of change may be made by

(a) a manager of Child, Youth and Family Services where there is a continuous custody order;

(b) a manager of Child, Youth and Family Services with the consent of the parents where there is a temporary custody order; or