Affirming Sexual Orientation and Gender Identity Act, 2015 DiNovo, Cheri — Bill 77 (41st Parliament, 1st Session)

Bill 77, 41-1

Ontario — Bills

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Bill 77, Affirming Sexual Orientation and Gender Identity Act, 2015

DiNovo, Cheri

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Status

Debates

Acts affected

Original

As Amended by Standing Committee

Royal Assent

[41] Bill 77 As Amended by Standing Committee (PDF)

Bill 77 2015

An Act to amend the

Health Insurance Act and the Regulated Health Professions Act, 1991 regarding

efforts to change

Her Majesty, by and

with the advice and consent of the Legislative Assembly of the Province of

Ontario, enacts as follows:

Health Insurance Act

Section

11.2 of the Health Insurance Act is amended

by adding the following subsections:

Efforts to change or direct sexual orientation or

gender iden tity

(1.1) Despite subsection (1), any

services rendered that seek to change or direct the sexual orientation or

gender identity of a patient, including efforts to change or direct the

patient's behaviour or gender expression, are not i n sured

services.

E fforts

to change sexual

orientation or gender identity

(1.1) Despite subsection (1) and

subject to the regul a tions, if any, any services that seek to change the

sexual orientation or gender identity of a person are not insured services.

Same

(1.2) For

greater certainty,

(

a) the

sexual orientation or gender identity of a patient is the patient's

self-identified sexual orient a tion or gender identity; and

(

b) the

services mentioned in subsection (1.1) do not include services rendered to

change the biological sex of a patient.

Exception

(1.2) The services mentioned in

subsection (1.1) do not include,

(

a) services that provide acceptance, support or

unde rstanding

of a person or the facilitation of a person's coping, social support or

identity exploration or deve l opment; and

(

b) sex-reassignment surgery or any services

related to sex-reassignment surgery.

. . . . .

Regulations

(6) The Lieutenant Governor in

Council may make regulations,

(

a) clarifying the meaning of "services",

"sexual orie n tation", "gender identity" or " seek to

change " for

the purposes of subsection (1.1);

(

b) exempting

services from the application of subse c tion (1.1).

Regulated Health Professions Act, 1991

2. The Regulated

Health Professions Act, 1991 is amended by adding

the following section:

Prohibition,

patient under 18 years of age

27.1

(1) Despite any other provision of this

Act, no person shall, in the course of providing health care se r vices,

carry out any practice that seeks to change or direct the sexual orientation or

gender identity of a patient under 18 years of age, inclu ding efforts to change or direct the patient's

behaviour or gender expre s sion.

Sexual orientation and gender identity treatments

27.1 2 9 .1

(1) No person shall, in the course of provi ding health care services, provide any treatment

that seeks to change the sexual orientation or gender ide n tity

of a pe r son under 18 years of age.

Same

(2) For greater certainty, the sexual

orientation or gender identity of a patient is the patient's self-identified

sexual orient a tion or gender identity.

Exception

(2) The treatments mentioned in

subsection (1) do not include,

(

a) services that provide acceptance, support or

unde rstanding

of a person or the facilitation of a person's coping, social support or

identity exploration or deve l opment; and

(

b) sex-reassignment surgery or any services

related to sex-reassignment surgery.

Person may consent

(3) Subsection (1) does not apply if

the person is capable with respect to the treatment and consents to the pr o vision

of the treatment.

Substitute decision-maker cannot consent

(4) Despite the Health Care Consent Act, 1996 , a su bstitute decision-maker may not give consent on a

person's behalf to the provision of any treatment d e scribed

in su b section (1).

Regulations

(5) Subject to the approval of the

Lieutenant Governor in Council, the Minister may make regulations,

(

a) clarifying the meaning of "sexual

orientation", "gender identity" or "seek to change" for the pu r poses

of subsection (1);

(

b) exempting any person or treatment from the

appl i cation of subsection (1).

3. Subsection

40 (1) of the Act is amended by striking out "subsection 27 (1) or 30 (1)" in

the portion b e fore clause (

a) and

substituting

"subsection 27 (1), se c tion 27.1 or subsection 30 (1)" " subsection 27 (1), 29.1 (1) or 30 (1)" .

4. (1) Subsection 51 (1)

of

Schedule 2 to the Act is amended by adding the following clause:

(b.0.2) the member has carried out any practice

that seeks to change or direct the sexual orientation or gender identity of a

patient under 18 years of age, i n cluding

efforts to change or direct the patient's beha v iour

or gender expression;

(2) Section 51 of

Schedule 2 to the

Act is amended by adding the following subsection:

Same

(1.1) For greater certainty, the

reference in clause (1) (b.0.2) to the sexual orientation or gender identity of

a patient is the patient's self-identified sexual orient a tion

or gender identity.

Commencement and

Short Title

Commencement

5. This

Act comes into force on the day it re ceives Royal Assent.

Short

title

6. The

short title of this Act is the Affirming

Sexual Orientation and Gender Identity Act, 2015 .

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for new

text and a strikethrough for

deleted text.

______________

EXPLANATORY NOTE

The Bill

amends the Health

Insurance Act and the Regulated

Health Professions Act, 1991 with

respect to efforts to change or direct the services that seek to change the sexual

orientation or the gender identity of p a tients.

The

amendments to the Health Insurance Act prohibit

such e f forts services from being

insured services.

The

amendments to the Regulated Health

Professions Act, 1991 prohibit such efforts from being carried out as part of providing health care services to the prov i sion,

in the course of providing health care services, of treatment that seeks to

change the sexual orientation or the ge n der

identity of patients under 18

years of age and make s it an offence

to do so. The amendments also make the carrying out of such e fforts with respect to patients under 18 years of

age

an act of profe s sional misconduct.

[41] Bill 77 Royal Assent (PDF)

Bill 77 2015

An Act to amend the

Health Insurance Act and the Regulated Health Professions Act, 1991 regarding

efforts to change sexual orientation or gender identity

Her Majesty, by and

with the advice and consent of the Legislative Assembly of the Province of

Ontario, enacts as follows:

Health Insurance Act

Section

11.2 of the Health Insurance Act is amended by

adding the following subsections:

Efforts

to change sexual orientation or gender identity

(1.1) Despite subsection (1) and subject to

the regulations, if any, any services that seek to change the sexual

orientation or gender identity of a person are not insured services.

Exception

(1.2) The services mentioned in subsection

(1.1) do not include,

(

a) services

that provide acceptance, support or understanding of a person or the

facilitation of a person's coping, social support or identity exploration or

development; and

(

b) sex-reassignment

surgery or any services related to sex-reassignment surgery.

. . . .

Regulations

(6) The Lieutenant Governor in Council may

make regulations,

(

a) clarifying

the meaning of "services", "sexual orientation", "gender identity" or "seek to

change" for the purposes of subsection (1.1);

(

b) exempting

services from the application of subsection (1.1).

Regulated Health Professions Act,

2. The Regulated Health Professions Act, 1991 is amended by

adding the following section:

Sexual

orientation and gender identity treatments

29.1

(1) No

person shall, in the course of providing health care services, provide any

treatment that seeks to change the sexual orientation or gender identity of a

person under 18 years of age.

Exception

(2) The treatments mentioned in subsection

(1) do not include,

(

a) services

that provide acceptance, support or understanding of a person or the

facilitation of a person's coping, social support or identity exploration or

development; and

(

b) sex-reassignment

surgery or any services related to sex-reassignment surgery.

Person

may consent

(3) Subsection (1) does not apply if the

person is capable with respect to the treatment and consents to the provision

of the treatment.

Substitute

decision-maker cannot consent

(4) Despite the Health

Care Consent Act, 1996 , a substitute decision-maker may not give consent

on a person's behalf to the provision of any treatment described in subsection

(1).

Regulations

(5) Subject to the approval of the

Lieutenant Governor in Council, the Minister may make regulations,

(

a) clarifying

the meaning of "sexual orientation", "gender identity" or "seek to change" for

the purposes of subsection (1);

(

b) exempting

any person or treatment from the application of subsection (1).

3. Subsection

40 (1) of the Act is amended by striking out "subsection 27 (1) or 30 (1)" in

the portion before clause (

a) and substituting "subsection 27 (1), 29.1 (1) or

30 (1)".

Commencement and

Short Title

Commencement

4. This

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

Short

title

5. The

short title of this Act is the Affirming Sexual

Orientation and Gender Identity Act, 2015 .

EXPLANATORY NOTE

This

Explanatory Note was written as a reader's aid to Bill 77 and does not form

part of the law. Bill 77 has been enacted as

Chapter 18 of the Statutes of

Ontario, 2015 .

The

Bill amends the Health Insurance Act and the Regulated Health Professions Act, 1991 with respect to services

that seek to change the sexual orientation or the gender identity of patients.

The

amendments to the Health Insurance Act prohibit

such services from being insured services.

The

amendments to the Regulated Health Professions Act, 1991 prohibit

the provision, in the course of providing health care services, of treatment that

seeks to change the sexual orientation or the gender identity of patients under

18 years of age and make it an offence to do so.

[41] Bill 77 Original (PDF)

Bill 77 2015

An Act to amend the

Health Insurance Act and the Regulated Health Professions Act, 1991 regarding

efforts to change or direct sexual orientation or gender identity

Her Majesty, by and

with the advice and consent of the Legislative Assembly of the Province of

Ontario, enacts as follows:

Health Insurance Act

Section

11.2 of the Health Insurance Act is amended by

adding the following subsections:

Efforts

to change or direct sexual orientation or gender identity

(1.1) Despite subsection (1), any services

rendered that seek to change or direct the sexual orientation or gender

identity of a patient, including efforts to change or direct the patient's

behaviour or gender expression, are not insured services.

Same

(1.2) For

greater certainty,

(

a) the sexual

orientation or gender identity of a patient is the patient's self-identified

sexual orientation or gender identity; and

(

b) the services

mentioned in subsection (1.1) do not include services rendered to change the

biological sex of a patient.

Regulated Health Professions Act,

2. The Regulated Health Professions Act, 1991 is amended by

adding the following section:

Prohibition, patient

under 18 years of age

27.1

(1) Despite

any other provision of this Act, no person shall, in the course of providing

health care services, carry out any practice that seeks to change or direct the

sexual orientation or gender identity of a patient under 18 years of age, including

efforts to change or direct the patient's behaviour or gender expression.

Same

Document details

Collection	Ontario — Bills
Citation	Bill 77, 41-1
Type	bill
Volume / chapter	p41 s1 bill 77 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	92a25cb6b43e1298e39890e365f63a599a2063b4

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