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 Section 26 of the Act is repealed and the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 persons 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 persons 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 childs 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 childs birth registration or, where there is no other parent
registered on the childs 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 childs 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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