7

 


 

First Session, 48th General Assembly

65 Elizabeth II, 2016

BILL 7

AN ACT TO AMEND THE VITAL STATISTICS ACT, 2009

Received and Read the First Time.................................................................................................

Second Reading.................................................................................................................................

Committee..........................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE EDDIE JOYCE

Minister of Service Newfoundland and Labrador

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Vital Statistics Act, 2009 to

·         remove the requirement that a person undergo transsexual surgery in order to change the sex designation on that person's birth registration; and

·         allow a parent to change the sex designation on his or her child’s birth registration.

A BILL

AN ACT TO AMEND THE VITAL STATISTICS ACT, 2009

Analysis


        1.   S.2 Amdt.
Interpretation

 

 

        2.   S.26 R&S
26.   Change of sex
        designation
26.1                       Change of sex
        designation of a child


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

SNL2009 cV-6.01
as amended

        1. Subsection 2(1) of the Vital Statistics Act, 2009 is amended by adding immediately after paragraph (q) the following:

         (q.1)  "registered nurse" means a registered nurse as defined in the Registered Nurses Act, 2008;

 

        2. Section 26 of the Act is repealed and the following substituted:

Change of sex designation

      26. (1) A person who has reached the age of 16 years and whose birth is registered in the province may apply to the registrar general to change the sex designation on that person's birth registration.

             (2)  An application made under subsection (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;

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

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

             (3)  Where a person has satisfied the requirements of this section, the registrar general may record the change of sex designation on the person’s birth registration.

             (4)  A birth certificate issued after recording a change under this section shall be issued as if the original registration had been made with the sex designation as changed.

             (5)  A person who has satisfied the requirements of this section may apply to the registrar general to record the change of sex designation on that person's marriage registration and the registrar general may, where the consent of the person’s spouse has been obtained, record the change of sex designation on the marriage registration.

Change of sex designation of a child

   26.1 (1) A parent of a child whose birth is registered in the province may apply to the registrar general to change the sex designation on his or her child’s birth registration.

             (2)  An application made under subsection (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 persons referred to in subparagraphs 26(2)(b)(i) to (vi) 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;

             (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 26(2)(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)  Where a parent of a child has satisfied the requirements of this section, the registrar general may record the change of sex designation on the child’s birth registration.

             (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 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 by order of the court. 

             (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 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

             (c)  where the custody of a child is given to a third party, that party, with the consent of the parents.

             (6)  Notwithstanding paragraphs (5)(b) and (c), the registrar general may dispense with the consent required under those paragraphs upon satisfactory proof that both parents of the child are deceased.

             (7)  Notwithstanding paragraphs (5)(b) and (c) and subsection (6), where one parent of the child is living, the consent of that parent is required.

             (8)  Notwithstanding subsections (2), (5) and (7), an applicant may make an application to the court to dispense with the consent of a parent required under those subsections and a judge, having regard to the best interests of the child, may dispense with the required consent.

             (9)  Where the applicant has sought the consent of a parent required under this section and that parent objects to the sex designation change and has refused to consent, the applicant may apply to the court for an order respecting the change of sex designation and the registrar general shall comply with that order.

          (10)  A birth certificate issued after recording a change under this section shall be issued as if the original registration had been made with the sex designation as changed.

          (11)  In this section, "child" means a person under the age of 16 years.

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