Acts and Regulations

V-3 - Vital Statistics Act

Section 34
Disposition versions

Full text
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
(b) certifying that
(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
Trans-sexual surgery
34(1)Where a person has undergone trans-sexual surgery, that person may make an application to the Registrar General to cause a notation to be made on the birth registration of that person so that the registration of sex is consistent with the perceived results of the surgery.
34(2)A person applying for a change under subsection (1) may also apply to have his or her given name or given names changed.
34(3)The Registrar General shall cause to be made a notation of the changes referred to in subsections (1) and (2), where the application is made in the form prescribed by the Registrar General and is accompanied by
(a) a certificate signed by a medical practitioner legally qualified to practice medicine in the jurisdiction in which the trans-sexual surgery was performed upon the applicant,
(i) explaining the surgical procedures carried out, and
(ii) certifying that
(A) he performed trans-sexual surgery on the applicant, and
(B) as a result of the trans-sexual surgery, the designation of sex of the applicant should be changed on the registration of birth of the applicant;
(b) a certificate of a medical practitioner who did not perform the trans-sexual surgery but who is legally qualified to practice medicine in a jurisdiction in Canada, stating that,
(i) he has examined the applicant,
(ii) the results of the examination substantiate that trans-sexual surgery was performed upon the applicant, and
(iii) as a result of the trans-sexual surgery, the description of the sex of the applicant should be changed on the registration of birth of the applicant;
(c) evidence satisfactory to the Registrar General as to the identity of the applicant; and
(d) a statutory declaration by the applicant in a form provided by the Registrar General.
34(3.1)Where it is not possible to obtain the medical certificate referred to in paragraph (3)(a), the applicant shall submit such medical evidence of the trans-sexual surgery as the Registrar General considers necessary.
34(4)Every birth certificate issued after the making of a notation under this section shall be issued as if the registration had been made with the sex designation and names as changed.
1983, c.94, s.12; 1996, c.24, s.21; 2008, c.45, s.41
Trans-sexual surgery
34(1)Where a person has undergone trans-sexual surgery, that person may make an application to the Registrar General to cause a notation to be made on the birth registration of that person so that the registration of sex is consistent with the perceived results of the surgery.
34(2)A person applying for a change under subsection (1) may also apply to have his or her given name or given names changed.
34(3)The Registrar General shall cause to be made a notation of the changes referred to in subsections (1) and (2), where the application is made in the form prescribed by the Registrar General and is accompanied by
(a) a certificate signed by a medical practitioner legally qualified to practice medicine in the jurisdiction in which the trans-sexual surgery was performed upon the applicant,
(i) explaining the surgical procedures carried out, and
(ii) certifying that
(A) he performed trans-sexual surgery on the applicant, and
(B) as a result of the trans-sexual surgery, the designation of sex of the applicant should be changed on the registration of birth of the applicant;
(b) a certificate of a medical practitioner who did not perform the trans-sexual surgery but who is legally qualified to practice medicine in a jurisdiction in Canada, stating that,
(i) he has examined the applicant,
(ii) the results of the examination substantiate that trans-sexual surgery was performed upon the applicant, and
(iii) as a result of the trans-sexual surgery, the description of the sex of the applicant should be changed on the registration of birth of the applicant;
(c) evidence satisfactory to the Registrar General as to the identity of the applicant; and
(d) a statutory declaration by the applicant in a form provided by the Registrar General.
34(3.1)Where it is not possible to obtain the medical certificate referred to in paragraph (3)(a), the applicant shall submit such medical evidence of the trans-sexual surgery as the Registrar General considers necessary.
34(4)Every birth certificate issued after the making of a notation under this section shall be issued as if the registration had been made with the sex designation and names as changed.
1983, c.94, s.12; 1996, c.24, s.21; 2008, c.45, s.41
Trans-sexual surgery
34(1)Where a person has undergone trans-sexual surgery and is unmarried at the time that person makes an application under this section, that person may make an application to the Registrar General to cause a notation to be made on the birth registration of that person so that the registration of sex is consistent with the perceived results of the surgery.
34(2)A person applying for a change under subsection (1) may also apply to have his or her given name or given names changed.
34(3)The Registrar General shall cause to be made a notation of the changes referred to in subsections (1) and (2), where the application is made in the form prescribed by the Registrar General and is accompanied by
(a) a certificate signed by a medical practitioner legally qualified to practice medicine in the jurisdiction in which the trans-sexual surgery was performed upon the applicant,
(i) explaining the surgical procedures carried out, and
(ii) certifying that
(A) he performed trans-sexual surgery on the applicant, and
(B) as a result of the trans-sexual surgery, the designation of sex of the applicant should be changed on the registration of birth of the applicant;
(b) a certificate of a medical practitioner who did not perform the trans-sexual surgery but who is legally qualified to practice medicine in a jurisdiction in Canada, stating that,
(i) he has examined the applicant,
(ii) the results of the examination substantiate that trans-sexual surgery was performed upon the applicant, and
(iii) as a result of the trans-sexual surgery, the description of the sex of the applicant should be changed on the registration of birth of the applicant;
(c) evidence satisfactory to the Registrar General as to the identity of the applicant; and
(d) a statutory declaration by the applicant in a form provided by the Registrar General.
34(3.1)Where it is not possible to obtain the medical certificate referred to in paragraph (3)(a), the applicant shall submit such medical evidence of the trans-sexual surgery as the Registrar General considers necessary.
34(4)Every birth certificate issued after the making of a notation under this section shall be issued as if the registration had been made with the sex designation and names as changed.
1983, c.94, s.12; 1996, c.24, s.21