O.C. 41/2015

A.R. 20/2015

February 20, 2015


††††††††††† The Lieutenant Governor in Council makes the Vital Statistics Information Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:††††††††† Minister of Service Alberta

Authority:†††††††††††††††††††††††††† Vital Statistics Act
†††††††††††††††††††††††††††††††††††††††††††† (section 76)


APPENDIX

Vital Statistics Act

VITAL STATISTICS INFORMATION AMENDMENT REGULATION

1   The Vital Statistics Information Regulation (AR 3/2012) is amended by this Regulation.

 

2   The following is added after section 16:

Amendment of sex on a record of birth ó eligibility to apply

16.1(1)  For the purposes of section 30(1.1) of the Act, a person may apply to amend the sex on a record of birth that is registered in Alberta if

†††††††††††††††††††††††††††††† (a)††† the person is at least 18 years of age and is applying to amend the sex on his or her own record of birth,

††††††††††††††††††††††††††††† (b)††† the person is less than 18 years of age, but is married or an adult independent partner or is a parent or guardian of a minor, and is applying to amend the sex on his or her own record of birth,

†††††††††††††††††††††††††††††† (c)††† the person is a parent or guardian of a minor applying to amend the sex on the minorís record of birth, or

††††††††††††††††††††††††††††† (d)††† the person is applying to amend the sex on a minorís record of birth and there is a court order under section 69 of the Act dispensing with the parentsí and guardiansí consents referred to in subsections (2) and (3).

(2)  The consent of both parents listed on the minorís record of birth is required for an application under subsection (1)(c) unless

†††††††††††††††††††††††††††††† (a)††† where the applicant is a parent,

††††††††††††††††††††††††††††††††††††††† (i)††† the applicant makes an affidavit stating that the applicant is the sole guardian, or that there are no other guardians by operation of section 20 of the Family Law Act, of the minor, or

††††††††††††††††††††††††††††††††††††† (ii)††† there is a court order that gives sole guardianship to that parent or that states that the other parent is no longer a guardian,

††††††††††††††††††††††††††††† (b)††† there is a court order that appoints guardians in lieu of the parents, in which case the consent of those guardians is required and the parentsí consent is not required, or

†††††††††††††††††††††††††††††† (c)††† there is a court order under section 69 of the Act dispensing with consents of the parents or guardians who do not consent.

(3)  Where there is a court order that appoints guardians in addition to the parents, the consent of those guardians to an application under subsection (1)(c) is also required unless there is a court order under section 69 of the Act dispensing with the consents of those guardians.

(4)  A parentís or guardianís consent referred to in subsection (2) or (3) must include the following information:

†††††††††††††††††††††††††††††† (a)††† the parentís or guardianís full name;

††††††††††††††††††††††††††††† (b)††† the parentís or guardianís current mailing address and telephone number;

†††††††††††††††††††††††††††††† (c)††† the parentís or guardianís signature;

††††††††††††††††††††††††††††† (d)††† the date on which the parent or guardian signed the consent, which must be within one year of the date of the application;

†††††††††††††††††††††††††††††† (e)††† the full name, address and telephone number of an adult who witnessed the parent or guardian signing the consent and the relationship of the witness to the parent or guardian giving consent, if any;

†††††††††††††††††††††††††††††† (f)††† the signature of the witness.

(5)  Where an application under subsection (1) is in respect of a minor who is 12 years of age or over, and who is not the applicant, the minorís consent is required unless there is a court order under section 69 of the Act dispensing with the consent of the minor.

(6)  The consent referred to in subsection (5) must include the following information:

†††††††††††††††††††††††††††††† (a)††† the minorís full name;

††††††††††††††††††††††††††††† (b)††† the minorís signature;

†††††††††††††††††††††††††††††† (c)††† the date on which the minor signed the consent, which must be within one year of the date of the application;

††††††††††††††††††††††††††††† (d)††† the full name, address and telephone number of an adult who witnessed the minor signing the consent and the relationship of the witness to the minor, if any;

†††††††††††††††††††††††††††††† (e)††† the signature of the witness.

(7)  A witness referred to in subsection (4) or (6) must be at least 18 years of age and cannot be the applicant or a parent or guardian of the minor.

Amendment of sex on a record of birth ó affidavit requirement

16.2   An application under section 16.1 must include an original affidavit executed by the applicant, setting out the following information about the person whose record of birth is to be amended:

†††††††††††††††††††††††††††††† (a)††† the personís name as it appears on the record of birth and any other name used;

††††††††††††††††††††††††††††† (b)††† the personís date of birth;

†††††††††††††††††††††††††††††† (c)††† the amendment to the sex on the record of birth that is requested;

††††††††††††††††††††††††††††† (d)††† a statement confirming that the person identifies with and is maintaining the gender identity that corresponds with the requested amendment to the sex on the record of birth.

Amendment of sex on a record of birth ó medical information

16.3(1)  In addition to the original affidavit referred to in section 16.2, an application must include a statement containing the information required by this section from one of the following medical professionals:

†††††††††††††††††††††††††††††† (a)††† a regulated member of the College of Physicians and Surgeons of Alberta under the Health Professions Act who holds a practice permit issued under that Act;

††††††††††††††††††††††††††††† (b)††† a regulated member of the College of Alberta Psychologists under the Health Professions Act who holds a practice permit issued under that Act;

†††††††††††††††††††††††††††††† (c)††† a person who is practising and who is authorized in a jurisdiction other than Alberta to practise a health profession equivalent to that practised by a person referred to in clause (a) or (b).

(2)  The statement

†††††††††††††††††††††††††††††† (a)††† must be provided as an original document signed by the medical professional, and

††††††††††††††††††††††††††††† (b)††† must include

††††††††††††††††††††††††††††††††††††††† (i)††† the medical professionalís name, address, telephone number and any other available contact information,

††††††††††††††††††††††††††††††††††††† (ii)††† the medical professionalís practice permit, licence or reference number or equivalent identifier for professional licensing purposes, and

†††††††††††††††††††††††††††††††††††† (iii)††† the date on which the medical professional signed the statement, which must be within one year of the date of the application.

(3)  The statement must set out

†††††††††††††††††††††††††††††† (a)††† the name and date of birth of the person whose record of birth is to be amended, and

††††††††††††††††††††††††††††† (b)††††††††††††††††††††† the medical professionalís confirmation that

††††††††††††††††††††††††††††††††††††††† (i)††† the medical professional meets the requirement of subsection (1),

††††††††††††††††††††††††††††††††††††† (ii)††† the medical professional has treated, evaluated or consulted with the applicant, and

†††††††††††††††††††††††††††††††††††† (iii)††† in the professional opinion of the medical professional, the person whose record of birth is to be amended identifies with and is maintaining the gender identity that corresponds with the requested amendment to the sex on the record of birth.

Registrarís powers and duties

16.4(1)  On receipt of an application for amendment to the sex on a record of birth and of the documents required to be filed with it and payment of the prescribed fee the Registrar shall, if satisfied that the Act and Regulation have been complied with, amend the sex on the record of birth accordingly.

(2)  The Registrar may require any applicant or person to return to the Registrar any previously issued birth certificate or certified copies of the record of birth in the applicantís or the personís possession.

Information required to amend sex on the record of a subsisting marriage

16.5(1)  For the purposes of section 30(1.1) of the Act, a person applying to amend the sex on a record of birth under section 16.1, or whose record of birth has been amended in accordance with section 16.4, may request that the sex on the record of a subsisting marriage be amended.

(2)  The following information must be provided in respect of the other party to the marriage, whose consent to an amendment to the sex on the applicantís record of a subsisting marriage registered in Alberta is required:

†††††††††††††††††††††††††††††† (a)††† the other partyís full name;

††††††††††††††††††††††††††††† (b)††† the other partyís current mailing address and telephone number;

†††††††††††††††††††††††††††††† (c)††† the other partyís signature;

††††††††††††††††††††††††††††† (d)††† the date on which the other party signed the consent, which must be within one year of the date of the application;

†††††††††††††††††††††††††††††† (e)††† the full name, address and telephone number of an adult who witnessed the other party signing the consent and the relationship of the witness to the other party giving consent, if any;

†††††††††††††††††††††††††††††† (f)††† the signature of the witness.

(3)  The witness referred to in subsection (2) must be at least 18 years of age and cannot be the applicant or the other party.

(4)  On receipt of a request for amendment to the sex on the record of a subsisting marriage and of the documents required to be filed with it and payment of the prescribed fee the Registrar shall, if satisfied that the Act and Regulation have been complied with, amend the sex on the record of the subsisting marriage accordingly.

(5)  The Registrar may require any person to return to the Registrar any previously issued marriage certificate or certified copies of the record of marriage in the personís possession.