BILL NO. 3

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018

 

Private Member's Bill

 

Respect for Sexual Orientation and Gender Identity Act

 

Susan Leblanc
Dartmouth North

First Reading: September 7, 2018

Second Reading:

Third Reading:

 

An Act Respecting Sexual Orientation
and Gender Identity

WHEREAS the Canadian Charter of Rights and Freedoms grants the right to freedom of conscience and religion to all Canadians;

AND WHEREAS the Canadian Charter of Rights and Freedoms grants the right to freedom of thought, belief, opinion and expression to all Canadians;

AND WHEREAS the Canadian Charter of Rights and Freedoms grants equality rights to all persons without discrimination based on sex;

THEREFORE be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Respect for Sexual Orientation and Gender Identity Act.

2 (1) In this Section, "conversion therapy" means any formal therapy that has the goal of repairing or converting an individual's sexual orientation or gender identity.

(2) No person shall, in the course of providing health care services, provide to an individual under the age of majority conversion therapy or any treatment that seeks to change the sexual orientation or gender identity of that individual.

(3) Subsection (2) does not apply to

(a) services that provide support or facilitation to an individual's coping, identity exploration or development; and

(b) gender affirming or gender conforming surgery or any services related to such surgery.

(4) Notwithstanding the Adult Capacity and Decision-Making Act, a representative may not give consent on an individual's behalf to the provision of any treatment described in subsection (1).

3 (1) The Governor in Council may make regulations

(a) defining any word or expression used but not defined in this Act;

(b) further defining any word or expression defined in this Act;

(c) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.

4 Nothing in this Act is intended to limit legitimate scientific research that is carried out through or in association with a university and which has received approval pursuant to a policy on research involving humans.

5 Clause 2(ag) of Chapter 37 of the Acts of 2008, the Counselling Therapists Act, is amended by adding the following subclause immediately after subclause (iii):

(iiia) performing any type of formal or conversion therapy that has the goal of repairing or converting an individual's sexual orientation or gender identity;

6 Section 3 of Chapter 197 of the Revised Statues, the Health Services and Insurance Act, as amended by Chapter 20 of the Acts of 1992, is further amended by adding immediately after subsection (2) the following subsections:

(3) Subject to this Act and the regulations, any service that includes conversion therapy or seeks to change or direct the sexual orientation or gender identity of an individual is not an insured service.

(4) Subsection (3) does not include

(a) services that provide support or facilitation for an individual's coping, identity exploration or development; and

(b) gender affirming or gender conforming surgery or any services related to such surgery.

7 Subsection 17(2) of Chapter 197, as amended by Chapter 20 of the Acts of 1992, is further amended by adding immediately after clause (b) the following clause:

(ba) exempting services from the application of subsection 3(3);

8 Clause 2(al) of Chapter 17 of the Acts of 2006, the Licensed Practical Nurses Act, is amended by adding immediately after subclause (ii) the following clause:

(iia) performing or assisting in any type of formal conversion therapy that has the goal of repairing or converting an individual's sexual orientation or gender identity;

9 Clause 2(as) of Chapter 21 of the Acts of 2006, the Registered Nurses Act, is amended by adding immediately after subclause (iii) the following clause:

(iiia) performing or assisting in any type of formal or conversion therapy that has the goal of repairing or converting an individual's sexual orientation or gender identity;

 

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2018 Crown in right of Nova Scotia. Created September 7, 2018. Send comments to legc.office@novascotia.ca.