[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.