[41] Bill 77 Royal Assent (PDF)

Bill 77 2015

An Act to amend the Health Insurance Act and the Regulated Health Professions Act, 1991 regarding efforts to change sexual orientation or gender identity

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Health Insurance Act

   1.  Section 11.2 of the Health Insurance Act is amended by adding the following subsections:

Efforts to change sexual orientation or gender identity

   (1.1)  Despite subsection (1) and subject to the regulations, if any, any services that seek to change the sexual orientation or gender identity of a person are not insured services.

Exception

   (1.2)  The services mentioned in subsection (1.1) 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; and

  (b)  sex-reassignment surgery or any services related to sex-reassignment surgery.

.     .     .     .     .

Regulations

   (6)  The Lieutenant Governor in Council may make regulations,

  (a)  clarifying the meaning of "services", "sexual orientation", "gender identity" or "seek to change" for the purposes of subsection (1.1);

  (b)  exempting services from the application of subsection (1.1).

Regulated Health Professions Act, 1991

   2.  The Regulated Health Professions Act, 1991 is amended by adding the following section:

Sexual orientation and gender identity treatments

   29.1  (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.

Exception

   (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; and

  (b)  sex-reassignment surgery or any services related to sex-reassignment surgery.

Person may consent

   (3)  Subsection (1) does not apply if the person is capable with respect to the treatment and consents to the provision of the treatment.

Substitute decision-maker cannot consent

   (4)  Despite the Health Care Consent Act, 1996, a substitute decision-maker may not give consent on a person's behalf to the provision of any treatment described in subsection (1).

Regulations

   (5)  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations,

  (a)  clarifying the meaning of "sexual orientation", "gender identity" or "seek to change" for the purposes of subsection (1);

  (b)  exempting any person or treatment from the application of subsection (1).

   3.  Subsection 40 (1) of the Act is amended by striking out "subsection 27 (1) or 30 (1)" in the portion before clause (a) and substituting "subsection 27 (1), 29.1 (1) or 30 (1)".

Commencement and Short Title

Commencement

   4.  This Act comes into force on the day it receives Royal Assent.

Short title

   5.  The short title of this Act is the Affirming Sexual Orientation and Gender Identity Act, 2015.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 77 and does not form part of the law.  Bill 77 has been enacted as Chapter 18 of the Statutes of Ontario, 2015.

 

The Bill amends the Health Insurance Act and the Regulated Health Professions Act, 1991 with respect to services that seek to change the sexual orientation or the gender identity of patients.

The amendments to the Health Insurance Act prohibit such services from being insured services.

The amendments to the Regulated Health Professions Act, 1991 prohibit the provision, in the course of providing health care services, of treatment that seeks to change the sexual orientation or the gender identity of patients under 18 years of age and make it an offence to do so.

[41] Bill 77 As Amended by Standing Committee (PDF)

Bill 77 2015

An Act to amend the Health Insurance Act and the Regulated Health Professions Act, 1991 regarding efforts to change

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Health Insurance Act

   1.  Section 11.2 of the Health Insurance Act is amended by adding the following subsections:

Efforts to change or direct sexual orientation or gender identity

   (1.1)  Despite subsection (1), any services rendered that seek to change or direct the sexual orientation or gender identity of a patient, including efforts to change or direct the patient's behaviour or gender expression, are not insured services.

Efforts to change sexual orientation or gender identity

   (1.1)  Despite subsection (1) and subject to the regulations, if any, any services that seek to change the sexual orientation or gender identity of a person are not insured services.

Same

   (1.2)  For greater certainty,

  (a)  the sexual orientation or gender identity of a patient is the patient's self-identified sexual orientation or gender identity; and

  (b)  the services mentioned in subsection (1.1) do not include services rendered to change the biological sex of a patient.

Exception

   (1.2)  The services mentioned in subsection (1.1) 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; and

  (b)  sex-reassignment surgery or any services related to sex-reassignment surgery.

.     .     .     .     .

Regulations

   (6)  The Lieutenant Governor in Council may make regulations,

  (a)  clarifying the meaning of "services", "sexual orientation", "gender identity" or "seek to change" for the purposes of subsection (1.1);

  (b)  exempting services from the application of subsection (1.1).

Regulated Health Professions Act, 1991

   2.  The Regulated Health Professions Act, 1991 is amended by adding the following section:

Prohibition, patient under 18 years of age

   27.1  (1)  Despite any other provision of this Act, no person shall, in the course of providing health care services, carry out any practice that seeks to change or direct the sexual orientation or gender identity of a patient under 18 years of age, including efforts to change or direct the patient's behaviour or gender expression.

Sexual orientation and gender identity treatments

   27.1 29.1  (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.

Same

   (2)  For greater certainty, the sexual orientation or gender identity of a patient is the patient's self-identified sexual orientation or gender identity.

Exception

   (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; and

  (b)  sex-reassignment surgery or any services related to sex-reassignment surgery.

Person may consent

   (3)  Subsection (1) does not apply if the person is capable with respect to the treatment and consents to the provision of the treatment.

Substitute decision-maker cannot consent

   (4)  Despite the Health Care Consent Act, 1996, a substitute decision-maker may not give consent on a person's behalf to the provision of any treatment described in subsection (1).

Regulations

   (5)  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations,

  (a)  clarifying the meaning of "sexual orientation", "gender identity" or "seek to change" for the purposes of subsection (1);

  (b)  exempting any person or treatment from the application of subsection (1).

   3.  Subsection 40 (1) of the Act is amended by striking out "subsection 27 (1) or 30 (1)" in the portion before clause (a) and substituting "subsection 27 (1), section 27.1 or subsection 30 (1)" "subsection 27 (1), 29.1 (1) or 30 (1)".

   4.  (1)  Subsection 51 (1) of Schedule 2 to the Act is amended by adding the following clause:

(b.0.2) the member has carried out any practice that seeks to change or direct the sexual orientation or gender identity of a patient under 18 years of age, including efforts to change or direct the patient's behaviour or gender expression;

   (2)  Section 51 of Schedule 2 to the Act is amended by adding the following subsection:

Same

   (1.1)  For greater certainty, the reference in clause (1) (b.0.2) to the sexual orientation or gender identity of a patient is the patient's self-identified sexual orientation or gender identity.

Commencement and Short Title

Commencement

   5.  This Act comes into force on the day it receives Royal Assent.

Short title

   6.  The short title of this Act is the Affirming Sexual Orientation and Gender Identity Act, 2015.

 

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

 

______________

 

 

 

EXPLANATORY NOTE

The Bill amends the Health Insurance Act and the Regulated Health Professions Act, 1991 with respect to efforts to change or direct the services that seek to change the sexual orientation or the gender identity of patients.

The amendments to the Health Insurance Act prohibit such efforts services from being insured services.

The amendments to the Regulated Health Professions Act, 1991 prohibit such efforts from being carried out as part of providing health care services to the provision, in the course of providing health care services, of treatment that seeks to change the sexual orientation or the gender identity of patients under 18 years of age and makes it an offence to do so. The amendments also make the carrying out of such efforts with respect to patients under 18 years of age an act of professional misconduct.

[41] Bill 77 Original (PDF)

Bill 77 2015

An Act to amend the Health Insurance Act and the Regulated Health Professions Act, 1991 regarding efforts to change or direct sexual orientation or gender identity

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Health Insurance Act

   1.  Section 11.2 of the Health Insurance Act is amended by adding the following subsections:

Efforts to change or direct sexual orientation or gender identity

   (1.1)  Despite subsection (1), any services rendered that seek to change or direct the sexual orientation or gender identity of a patient, including efforts to change or direct the patient's behaviour or gender expression, are not insured services.

Same

   (1.2)  For greater certainty,

  (a)  the sexual orientation or gender identity of a patient is the patient's self-identified sexual orientation or gender identity; and

  (b)  the services mentioned in subsection (1.1) do not include services rendered to change the biological sex of a patient.

Regulated Health Professions Act, 1991

   2.  The Regulated Health Professions Act, 1991 is amended by adding the following section:

Prohibition, patient under 18 years of age

   27.1  (1)  Despite any other provision of this Act, no person shall, in the course of providing health care services, carry out any practice that seeks to change or direct the sexual orientation or gender identity of a patient under 18 years of age, including efforts to change or direct the patient's behaviour or gender expression.

Same

   (2)  For greater certainty, the sexual orientation or gender identity of a patient is the patient's self-identified sexual orientation or gender identity.

   3.  Subsection 40 (1) of the Act is amended by striking out "subsection 27 (1) or 30 (1)" in the portion before clause (a) and substituting "subsection 27 (1), section 27.1 or subsection 30 (1)".

   4.  (1)  Subsection 51 (1) of Schedule 2 to the Act is amended by adding the following clause:

(b.0.2) the member has carried out any practice that seeks to change or direct the sexual orientation or gender identity of a patient under 18 years of age, including efforts to change or direct the patient's behaviour or gender expression;

   (2)  Section 51 of Schedule 2 to the Act is amended by adding the following subsection:

Same

   (1.1)  For greater certainty, the reference in clause (1) (b.0.2) to the sexual orientation or gender identity of a patient is the patient's self-identified sexual orientation or gender identity.

Commencement and Short Title

Commencement

   5.  This Act comes into force on the day it receives Royal Assent.

Short title

   6.  The short title of this Act is the Affirming Sexual Orientation and Gender Identity Act, 2015.

 

EXPLANATORY NOTE

The Bill amends the Health Insurance Act and the Regulated Health Professions Act, 1991 with respect to efforts to change or direct the sexual orientation or the gender identity of patients.

The amendments to the Health Insurance Act prohibit such efforts from being insured services.

The amendments to the Regulated Health Professions Act, 1991 prohibit such efforts from being carried out as part of providing health care services to patients under 18 years of age and makes it an offence to do so. The amendments also make the carrying out of such efforts with respect to patients under 18 years of age an act of professional misconduct.