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Bill 42, Gender Affirming Health Care Advisory Committee Act, 2024

Wong-Tam, Kristyn

Andrew, Jill

Kernaghan, Terence

Vaugeois, Lise

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Bill 42 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Gender Affirming Health Care Advisory

Committee Act, 2022 . The Act provides that the Minister of Health shall,

within 60 days of the Act coming into force, establish a Gender Affirming

Health Care Advisory Committee. The Advisory Committee shall submit a report

making recommendations to the Minister for improving access to and coverage for

gender affirming health care. After receiving the Advisory Committee’s report,

the Minister shall inform the Assembly of the measures that the Minister

recommends the Government of Ontario implement.

Bill 42 2022

Act to establish the Gender Affirming Health Care Advisory Committee

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definition

this Act,

“ gender affirming health care ” means procedures, medical

treatments and referral processes that align a patient’s body and physical

presentation with their gender identity.

Gender

Affirming Health Care Advisory Committee

(1) The

Minister of Health shall, no more than 60 days after the day this

section comes

into force, establish a Gender Affirming Health Care Advisory Committee.

Composition

(2) The

Gender Affirming Health Care Advisory Committee shall be composed of members

appointed by the Minister.

Same

(3) The

Minister shall ensure that the Gender Affirming Health Care Advisory Committee

includes members of the following groups:

1. Members

of the transgender, two-spirit, non-binary, intersex and gender diverse

communities in accordance with subsections (4) and (5).

2. Health

care providers with demonstrated experience working with members of the transgender,

two-spirit, non-binary, intersex and gender diverse communities.

3. Other

members who the Minister believes will make useful contributions to the

Advisory Committee’s work.

Same

(4) The

Minister shall make all reasonable efforts to ensure that the majority of the

members of the Gender Affirming Health Care Advisory Committee are members of

the transgender, two-spirit, non-binary, intersex and gender diverse

communities in accordance with subsection (5).

Same

(5) The

Minister shall make all reasonable efforts to ensure that the composition of

the Gender Affirming Health Care Advisory Committee reflects the diversity of

the transgender, two-spirit, non-binary, intersex and gender diverse communities

by including members of the following groups:

1. Youth.

2. Seniors.

3. Indigenous

persons.

4. Members

of racialized groups.

5. Persons

living with disability.

6. Persons

living with, or who have experienced, homelessness or houselessness.

7. Persons

who are, or were, engaged in sex work.

8. Persons

living in rural and remote areas.

9. Persons

of diverse sexual orientations.

10. Persons

of diverse gender identities and gender expressions.

Remuneration

and expenses

(6) The

Lieutenant Governor in Council may determine the remuneration and expenses of

any person appointed under subsection (2).

Appropriation

required

(7) Subsection

(6) does not apply unless money has been appropriated by the Legislature for the

purpose of that subsection.

Gender

Affirming Health Care Advisory Committee — Functions

(1) The

Gender Affirming Health Care Advisory Committee shall make recommendations to

the Minister for improving access to and coverage for gender affirming health

care.

Same

(2) Without

limiting the generality of subsection (1), the Gender Affirming Health Care Advisory

Committee shall inquire into the following matters and make relevant

recommendations to the Minister:

1. How

to enhance coverage for and access to gender affirming health care for

transgender, two-spirit, non-binary, intersex and gender diverse people in

Ontario.

2. How

to enhance coverage for and access to gender affirming and transition related prerequisites

and procedures, including primary and secondary gender affirming surgeries and

non-surgical transition related procedures.

3. How

to ensure that a range of health care services is available to meet the

individual needs of transgender, two-spirit, non-binary, intersex and gender

diverse people in Ontario.

4. How

to reduce wait times for gender affirming health care in Ontario.

5. How

to ensure equitable access to gender affirming health care for transgender,

two-spirit, non-binary, intersex and gender diverse people with diverse

intersectionalities across Ontario.

6. How

to expand insurance coverage for gender affirming treatments and transition

related procedures not currently covered under the Health

Insurance Act , including affirming facial feminization surgery, chest

contouring and electrolysis.

7. How

to adopt the informed consent model of transgender care and how to reduce

referral requirements for access to care.

8. How

to define gender affirming health care procedures as lifesaving procedures.

(3) In

performing its functions under this section, the Gender Affirming Health Care Advisory

Committee shall consult with the following stakeholders:

1. Primary

care providers, including the following:

i. Community

health centres.

ii. Aboriginal

Health Access Centres.

iii. Nurse

practitioner-led clinics.

iv. Family

health teams.

2. Rainbow

Health Ontario.

3. The

World Professional Association for Transgender Health.

4. The

Canadian Professional Association for Transgender Health.

5. The

Centre for Addiction and Mental Health.

6. Any

other stakeholders with whom the Advisory Committee determines it is

appropriate to consult.

Report

(4) On

or before the day that is six months after the day the Gender Affirming Health

Care Advisory Committee is established, the Advisory Committee shall report its

recommendations to the Minister.

Implementation

of recommendations

(5) On

or before the day that is 90 days after the day the Gender Affirming Health

Care Advisory Committee reports its recommendations to the Minister under

subsection (4), the Minister shall inform the Assembly of the recommendations of

the Advisory Committee that the Minister recommends the Government of Ontario implement.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Gender Affirming Health

Care Advisory Committee Act, 2022 .

Date Bill stage Event Outcome Committee

March 4, 2024

Second Reading

Vote

Lost on division

February 29, 2024

Second Reading

Question put

Vote deferred

February 29, 2024

Second Reading

Debated

November 16, 2022

First Reading

Ordered for Second Reading

November 16, 2022

First Reading

Vote

Carried

First Reading

November 16, 2022

Carried

Ordered for Second Reading

Second Reading

February 29, 2024

Debated

Question put

March 4, 2024

Lost on division

Vote on second reading - Lost (March 4, 2024)

Ayes

(31) Teresa J. Armstrong

Jessica Bell

Stephen Blais

Stephanie Bowman

Jeff Burch

Aislinn Clancy

Catherine Fife

John Fraser

Jennifer K. French

Wayne Gates

Chris Glover

Lisa Gretzky

Joel Harden

Andrea Hazell

Ted Hsu

Bhutila Karpoche

Terence Kernaghan

Karen McCrimmon

Mary-Margaret McMahon

Chandra Pasma

Peggy Sattler

Mike Schreiner

Adil Shamji

Sandy Shaw

Jennifer (Jennie) Stevens

Marit Stiles

Peter Tabuns

Monique Taylor

John Vanthof

Lise Vaugeois

Kristyn Wong-Tam

Nays

(65) Deepak Anand

Aris Babikian

Robert Bailey

Patrice Barnes

Hon. Peter Bethlenfalvy

Will Bouma

Bobbi Ann Brady

Rick Byers

Hon. Paul Calandra

Hon. Raymond Sung Joon Cho

Hon. Stan Cho

Hon. Steve Clark

Lorne Coe

Hon. Stephen Crawford

Rudy Cuzzetto

Jess Dixon

Andrew Dowie

Hon. Doug Downey

Hon. Jill Dunlop

Hon. Rob Flack

Michael D. Ford

Dawn Gallagher Murphy

Goldie Ghamari

Hon. Ernie Hardeman

Hon. Mike Harris

Christine Hogarth

Hon. Kevin Holland

Hon. Sylvia Jones

Hon. Trevor Jones

John Jordan

Logan Kanapathi

Vincent Ke

Hon. Michael S. Kerzner

Anthony Leardi

Hon. Stephen Lecce

Hon. Neil Lumsden

Lisa MacLeod

Robin Martin

Hon. Todd J. McCarthy

Hon. Sam Oosterhoff

Billy Pang

Hon. Michael Parsa

Natalie Pierre

Hon. Nolan Quinn

Matthew Rae

Brian Riddell

Ross Romano

Sheref Sabawy

Amarjot Sandhu

Hon. Prabmeet Singh Sarkaria

Stéphane Sarrazin

Brian Saunderson

Hon. Laurie Scott

Hon. Donna Skelly

Dave Smith

David Smith

Hon. Graydon Smith

Todd Smith

Hon. Kinga Surma

Hon. Nina Tangri

Hon. Lisa M. Thompson

Hon. Michael A. Tibollo

Effie J. Triantafilopoulos

Daisy Wai

Hon. Charmaine A. Williams

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