Second

Session, 48th General Assembly

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

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. Subsection 26(2) of the Vital Statistics Act, 2009 is repealed and the following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.

(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b) of the Act is repealed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

Queen's Printer