First

Session, 50th General Assembly

Elizabeth II, 2021

BILL 19

AN ACT TO AMEND THE

VITAL STATISTICS ACT, 2009 NO. 2

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SARAH

STOODLEY

Minister of Digital

Government and 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 allow

residents of Newfoundland and Labrador whose birth is not registered in the

province, but who have been residing in the province for at least three months,

to change their sex designation.

A BILL

AN ACT TO AMEND THE VITAL STATISTICS ACT,

2009 NO. 2

Analysis

S.26 Amdt.

Change of sex designation

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) 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(2) Subsection 26(2) of the Act is repealed and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(3) Subsection 26(3) of the Act is repealed and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;

(

c) the place 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.

(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;

(

c) the place 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

(

c) where the custody of

a child is given to a third party, that party, with the consent of the parents.

Queen's Printer