Acts and Regulations

V-3 - Vital Statistics Act

Section 34.1
Disposition versions

Full text
Change to the sex designation of a child
34.1(1)A parent may apply to the Registrar General under this section to change the sex designation of a child of whom the parent has lawful custody if the child was born in the Province or the child and parent have been ordinarily resident in the Province for at least three months immediately before the date of the application.
34.1(2)The Registrar General may consider an application under this section with respect to a child who was not born in the Province and who has not been ordinarily resident in the Province for at least three months immediately before the date of the application if, in the opinion of the Registrar General, the child
(a) has a substantial connection with the Province, and
(b) would suffer a hardship if the Registrar General refused to consider the application.
34.1(3)An application under this section shall be submitted to the Registrar General on a form provided by the Registrar General and shall include
(a) if the child is 12 years of age or older,
(i) a written statement made by the child that the requested sex designation is consistent with the gender with which the child identifies and the child is currently living in a manner consistent with the requested sex designation and intends to continue to do so, and
(ii) the written consent of the child, on a form provided by the Registrar General, and witnessed by a person authorized to solemnize marriages under the Marriage Act or a health professional prescribed by regulation,
(b) a written statement from a health professional prescribed by regulation who has treated, evaluated or consulted with the child that confirms that the sex designation of the child is inconsistent with the gender with which the child identifies, that the child has the capacity to understand the nature and consequences of the requested change and, as a result, that the sex designation of the child should be changed,
(c) the written consent of the applicant on a form provided by the Registrar General,
(d) the written consent of all other parents of the child on a form provided by the Registrar General or, if there are no other parents of the child, confirmation that there are no legal proceedings ongoing in relation to the parentage or custody of the child, and
(e) any other document or other evidence that is prescribed or that is required by the Registrar General.
34.1(4)Despite subsection (3), the Registrar General may consider an application under this section if an applicant does not fulfil the requirement in paragraph (3)(d), but the applicant provides documentation satisfactory to the Registrar General that
(a) the applicant notified all other parents of the child of the application and of the parents’ right to object to the change in the sex designation of the child, and
(b) the applicant has provided an affidavit of service showing that a written consent form has been served personally on all other parents of the child or provided documentation showing that a consent form was sent to the other parents by registered mail and that the other parents received the consent form.
34.1(5)The Registrar General shall not proceed with an application under this section if
(a) subparagraph (3)(a)(ii) applies and the applicant is unable to provide the required written consent of the child 12 years of age or over,
(b) the applicant did not notify all parents of the child who are required to be notified under subsection (4), or
(c) the Registrar General believes that it is in the best interests of the child not to proceed.
34.1(6)If the Registrar General does not proceed with an application in accordance with subsection (5), the Registrar General shall give, within 30 days after receipt of the application, the applicant written notice
(a) that the Registrar General is unable to proceed with the application, together with a brief explanation, and
(b) that the applicant may proceed by applying under section 34.5 within 90 days after receipt of the notice to a judge in the judicial district in which the child resides.
34.1(7)Despite subsections (3) to (5), an applicant may make an application to the court to dispense with the consent of a parent required under this section and a judge of that court, having regard to the best interests of the child, may dispense with the required consent and the Registrar General shall comply with the decision of the judge.
34.1(8)If a child has sought the consent of a parent required under this section and that parent objects to the change in sex designation and has refused to consent, the child may apply to the court for an order respecting the change of sex designation and the Registrar General shall comply with that order.
2017, c.13, s.2