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3rd Session, 40th Legislature

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Bill 56

THE VITAL STATISTICS AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. V60 amended

1           The Vital Statistics Act is amended by this Act.

2           Section 25 is replaced with the following:

CHANGE OF SEX DESIGNATION

Definitions

25(1)       The following definitions apply in this section and section 25.1.

"applicant" means a person who applies to the director under subsection (2), (3) or (4). (« auteur de demande »)

"health care professional" means a medical practitioner, nurse practitioner, psychologist or psychological associate or member of a prescribed health care profession who

(a) is licensed, certified or registered to practise his or her health care profession in the jurisdiction within which he or she practises; and

(b) is in good standing with the regulatory authority for that profession in that jurisdiction. (« professionnel de la santé »)

"psychological associate" means a person who is licensed, certified or registered to practise as a psychological associate without supervision. (« psychologue associé »)

"resident of Manitoba" means a person who is legally entitled to be or remain in Canada and makes his or her home in and is ordinarily present in Manitoba, but does not include a tourist, transient or visitor to Manitoba. (« domicilié au Manitoba »)

Application to change sex designation on birth registration

25(2)       A person whose birth is registered in Manitoba may apply to the director to change the sex designation on the person's birth registration.

Application for change of sex designation certificate

25(3)       A person may apply to the director for a change of sex designation certificate if the person is a Canadian citizen who has been a resident of Manitoba for at least one year before the date the application is submitted.

Application to change sex designation on marriage registration

25(4)       A person whose marriage is registered in Manitoba may apply to the director to change the sex designation on the person's marriage registration if the other party to the marriage consents to the change in writing in an approved form and the person meets one of the following criteria:

(a) the person is also an applicant under subsection (2) or (3);

(b) the person had an amendment made to the person's birth registration under section 25 as it read before the coming into force of this subsection;

(c) the person had an amendment made to the sex designation on the person's birth registration in another jurisdiction.

Application materials — birth registration amendment or sex designation certificate

25(5)       An application for a change of sex designation on a person's birth registration under subsection (2) or a change of sex designation certificate under subsection (3) must be made in an approved form and be accompanied by the following:

1.  A signed statutory declaration in an approved form that meets the requirements in subsection (7).

2.  One of the following:

(a) a supporting letter from a health care professional that meets the requirements in subsection (8);

(b) at the director's discretion, alternative supporting material that meets the requirements in subsection (9).

3.  Evidence of

(a) the applicant's current full legal name and date and place of birth;

(b) the names of the applicant's parents; and

(c) the applicant's identity.

4.  Evidence that

(a) the applicant's birth is registered in Manitoba; or

(b) the applicant is a Canadian citizen and has been a resident of Manitoba for at least one year before the date the application is submitted.

5.  Evidence of the applicant's domicile or habitual residence if not in Manitoba.

6.  For a change of sex designation on the applicant's birth registration,

(a) all documents respecting the birth that were previously issued under subsection 32(2) and that are in the applicant's possession or control; and

(b) a signed application in an approved form for a new birth certificate to be issued under subsection 32(2).

7.  The prescribed information, if any.

8.  The prescribed fee.

Application materials — marriage registration amendment

25(6)       An application for a change of sex designation on a person's marriage registration under subsection (4) must be made in an approved form and be accompanied by the following:

1.  A statutory declaration in an approved form that is signed by both parties to the marriage.

2.  For a change of sex designation on the marriage registration of a person described in clause (4)(b) or (c), evidence of the applicant's current full legal name and proof of identity.

3.  For a change of sex designation on the marriage registration of a person described in clause (4)(c), documentation that meets the requirements in item 1 of subsection (9).

4.  The prescribed information, if any.

5.  The prescribed fee.

Statutory declaration — change of sex designation

25(7)       In a statutory declaration provided under item 1 of subsection (5), the applicant must attest to the following:

1.  The applicant identifies with the requested sex designation.

2.  The applicant is currently living full-time in a manner consistent with the requested sex designation and intends to continue doing so.

The statutory declaration may include additional statements to which an applicant must attest.

Supporting letter requirements

25(8)       A supporting letter must meet the following requirements:

1.  The letter must be provided by a health care professional who

(a) has treated or evaluated the applicant; and

(b) practises in a jurisdiction in Canada or, in the case of an applicant under subsection (2) who is domiciled or habitually resident outside Canada, a health care professional who practises in a jurisdiction in or outside Canada.

2.  The letter must

(a) identify the applicant by the applicant's current full legal name and date of birth;

(b) include a statement that the sex designation on the applicant's birth registration (if born in Canada) or on documents evidencing the applicant's Canadian citizenship (if born outside Canada) is, in the health care professional's opinion, inconsistent with the sex designation with which the applicant identifies;

(c) include a statement that the health care professional is of the opinion that the sex designation requested by the applicant is consistent with the sex designation with which the applicant identifies;

(d) include evidence that the health care professional is qualified to practise in his or her jurisdiction;

(e) include a statement about the duration of the health care professional's relationship with the applicant;

(f) if the applicant is a minor, include a statement that the health care professional is of the opinion that the minor has the capacity to make health care decisions;

(g) be in an approved form; and

(h) include the prescribed information, if any.

Alternative supporting materials

25(9)       As an exception to subsection (8), the director may accept the following materials in support of the requested change of sex designation for an applicant whose birth is registered in Manitoba:

1.  Documentation from a jurisdiction outside Manitoba effecting a change of sex designation, or acknowledging that a change of sex designation has occurred, in that jurisdiction if

(a) the documentation is issued by a person, office or body in the jurisdiction that, in the director's opinion, has functions under the jurisdiction's laws relating to changes of sex designation;

(b) the legal requirements of the jurisdiction for such changes are, in the director's opinion, comparable to the requirements under this Act; and

(c) the applicant was domiciled or habitually resident there when the documentation was issued.

2.  Documentation from a medical practitioner who

(a) treated or evaluated the applicant; and

(b) is licensed, certified or registered to practise medicine in a jurisdiction in Canada and is in good standing with the regulatory authority for medical practitioners in that jurisdiction;

that indicates that the applicant's sex designation should be changed as a result of transsexual, gender reassignment or similar surgery undergone by the applicant.

3.  Any other prescribed documentation.

Director may request additional documentation, evidence, etc.

25(10)      At the director's request, the applicant must provide any additional documentation, evidence, material or information in respect of the application.

Documentation, etc. must satisfy director, meet other prescribed requirements

25(11)      The documentation, evidence, material or information provided by an applicant under this section must

(a) be satisfactory to the director; and

(b) meet the prescribed requirements, if any.

Director may change sex designation on birth registration

25.1(1)     If the applicant's birth is registered in Manitoba and each applicable requirement under this Act has been met, the director may amend the registration to change the applicant's sex designation.

Birth certificates issued without mention of change

25.1(2)     Every birth certificate issued in respect of the applicant after an amendment is made under subsection (1) must be issued as if the original registration had been made with the sex designation as changed.

Documents to be returned

25.1(3)     A person who is in possession or control of a document issued under subsection 32(2) in respect of the applicant before the amendment is made under subsection (1) must return the document to the director immediately, upon request, for cancellation.

Change of sex designation certificate

25.1(4)     The director may issue a change of sex designation certificate to an applicant who meets each applicable requirement under this Act.

Director may change sex designation on marriage registration

25.1(5)     If the applicant's marriage is registered in Manitoba and each applicable requirement under this Act has been met, the director may amend the registration to change the applicant's sex designation.

Marriage certificates issued without mention of change

25.1(6)     Every marriage certificate issued in respect of the applicant after an amendment is made under subsection (5) must be issued as if the original registration had been made with the sex designation as changed.

If change of sex designation made under previous section

25.2        On application and payment of the prescribed fee, the director may issue a change of sex designation certificate to a person who had a change of sex designation made to the person's birth registration under section 25 as it read before the coming into force of this section.

3           Section 48 is amended by adding the following after clause (k):

(k.1) respecting changes of sex designation under sections 25 and 25.1, including, without limitation, defining terms used in those sections, respecting notifications of changes of sex designation and prescribing anything referred to in those sections as being prescribed;

Coming into force

4           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Vital Statistics Act. Transsexual surgery is no longer a mandatory requirement for a change of sex designation on a birth registration. Instead, a person whose birth is registered in Manitoba must provide a statutory declaration relating to the change as well as material from a medical practitioner, nurse practitioner, psychologist, psychological associate or prescribed health care professional that supports the change. The Director of Vital Statistics may accept alternative material in support of the change. The person's birth registration may be amended and a new birth certificate issued.

A person who is a Canadian citizen and has been resident in Manitoba for at least one year may apply for a change of sex designation certificate. The application materials are similar to those required for a change of sex designation on a birth registration.

With the consent of the other party to the marriage, a person's marriage registration may also be amended to change the person's sex designation and a new marriage certificate issued.

Cabinet may make regulations relating to changes of sex designation under The Vital Statistics Act.