Change to the sex designation of a person
34(1)A person may apply to the Registrar General under this section to change the sex designation of the person if the person
(a)
is 16 years of age or older, and
(b)
was born in the Province or has been ordinarily resident in the Province for at least three months immediately before the date of the application.
34(2)An application under this section shall be submitted to the Registrar General on a form provided by the Registrar General and shall include
(a)
a written statement made by the applicant that the requested sex designation is consistent with the gender with which the applicant identifies and the applicant is currently living in a manner consistent with the requested sex designation and intends to continue to do so,
(b)
a written statement from a health professional prescribed by regulation who has treated, evaluated or consulted with the applicant that confirms that the sex designation of the applicant is inconsistent with the gender with which the applicant identifies and, as a result, the sex designation of the applicant should be changed, and
(c)
any other document or other evidence that is prescribed or that is required by the Registrar General.
34(3)Instead of conforming to the requirement of paragraph (2)(
b), an application may include a certificate signed by a medical practitioner legally qualified to practise medicine in the jurisdiction in which gender confirming surgery was performed on the applicant
(a)
explaining the surgical procedures carried out, and
(i)
the medical practitioner performed gender confirming surgery on the applicant, and
(ii)
as a result of the gender confirming surgery, the sex designation of the applicant should be changed.
34(4)The Registrar General may waive or modify a requirement under this section, on application in the form required by the Registrar General, if satisfied that it would be in the applicant’s best interest.
1983, c.94, s.12; 1996, c.24, s.21; 2008, c.45, s.41; 2017, c.13, s.2