First Session, 48th General Assembly

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 childs birth registration.

A BILL

AN ACT TO AMEND THE VITAL STATISTICS ACT,

Analysis

S.2 Amdt.

Interpretation

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 ;

Section 26 of the Act is repealed and the

following substituted:

Change of sex

designation

(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.

Queen's Printer