BILL NO. 1
(as introduced)
2nd Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018
Private Member's Bill
Affirming Sexual Orientation and Gender Identity Act
Karla MacFarlane
Pictou West
First Reading: September 7, 2018
Second Reading:
Third Reading:
An Act to Prohibit Conversion Therapy
1 This Act may be cited as the Affirming Sexual Orientation and Gender Identity Act.
2 (1) No person shall, in the course of providing health-care services, provide any treatment that seeks to change the sexual orientation or gender identity of a person under 18 years of age.
(2) The treatments mentioned in subsection (1) do not include
(a) services that provide acceptance, support or understanding of a person or the facilitation of a person's coping, social support or identity exploration or development; or
(b) sex-reassignment surgery or any services related to sex-reassignment surgery.
(3) Subsection (1) does not apply if the person is competent to make decisions respecting the treatment and consents to the provision of the treatment.
(4) Notwithstanding any other Act, a parent, guardian or substitute decision-maker may not give consent on a person's behalf to the provision of any treatment described in subsection (1).
3 (1) The Governor in Council may make regulations
(a) defining "gender identity", "health-care services", "seek to change" and "sexual orientation" for the purpose of this Act;
(b) exempting any person or treatment from the application 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 Section 17 of Chapter 197 of the Revised Statutes, 1989, the Health Services and Insurance Act, as amended by Chapter 20 of the Acts of 1992 and Chapter 7 of the Acts of 2011, is further amended by adding immediately after subsection (2) the following subsections:
- (3) Notwithstanding any regulations made under clause (2)(b), any services that seek to change the sexual orientation or gender identity of a person are not insured professional services unless the regulations state those services are insured professional services notwithstanding this subsection.
(3A) The services mentioned in subsection (3) do not include
(a) services that provide acceptance, support or understanding of a person or the facilitation of a person's coping, social support or identity exploration or development; or
(b) sex-reassignment surgery or any services related to sex-reassignment surgery.
- (1A) Notwithstanding subsection (1) and subject to the regulations, any services that seek to change the sexual orientation or gender identity of a person are not insured services.
(1B) The services mentioned in subsection (1A) do not include
(a) services that provide acceptance, support or understanding of a person or the facilitation of a person's coping, social support or identity exploration or development; or
(b) sex-reassignment surgery or any services related to sex-reassignment surgery.
- (fa) exempting services from the application of subsection 14(1A);
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.
