20

 


 

Second Session, 48th General Assembly

66 Elizabeth II, 2017

BILL 20

AN ACT TO AMEND THE VITAL STATISTICS ACT, 2009

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

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

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

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

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

HONOURABLE SHERRY GAMBIN-WALSH

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 to include a statement from a designated professional with an application for a change of sex designation for a person who has reached the age of 16 years.


A BILL

AN ACT TO AMEND THE
VITAL STATISTICS ACT, 2009

Analysis


        1.   S.26 Amdt.
Change of sex designation

        2.   S.26.1 Amdt.
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 Subsection 26(2) of the Vital Statistics Act, 2009 is repealed and the following substituted:

             (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; and

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

 

        2. (1) Paragraph 26.1(2)(b) of the Act is repealed and the following substituted:

             (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);

             (2)  Paragraph 26.1(2)(e) of the Act is repealed and the following substituted:

             (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