BILL NO. 141
1st Session, 64th General Assembly
71 Elizabeth II, 2022
Private Member's Bill
Gender-affirming Health-care Advisory Committee Act
Halifax Citadel–Sable Island
First Reading: April 6, 2022
An Act to Establish an Advisory Committee
Respecting Gender-affirming Health-care
1 This Act may be cited as the Gender-affirming Health-care Advisory Committee Act.
(a) "Committee" means the Gender-affirming Health-care Advisory Committee established under Section 3;
(b) "gender-affirming health-care" means procedures, services, medical treatments and referral processes that align a patient's body and physical presentation with the patient's gender identity.
3 (1) The Governor in Council shall, no more than 120 days after the day this Act comes into force, establish a Gender-affirming Health-care Advisory Committee.
(2) The Committee is composed of members appointed by the Governor in Council.
(3) The Governor in Council shall ensure that the Committee includes
(a) members of the two-spirit, transgender, non-binary, intersex and gender diverse communities in accordance with subsections (4) and (5);
(b) health-care providers with demonstrated experience working with members of the two-spirit, transgender, non-binary, intersex and gender diverse communities; and
(c) other members who the Governor in Council believes will make useful contributions to the Committee's work.
(4) The Governor in Council shall make all reasonable efforts to ensure that the majority of the members of the Committee are members of the two-spirit, transgender, non-binary, intersex and gender diverse communities in accordance with subsection (5).
(5) The Governor in Council shall make all reasonable efforts to ensure that the composition of the Committee reflects the diversity of the two-spirit, transgender, non-binary, intersex and gender diverse communities by including
(e) members of racialized groups;
(f) immigrants and newcomers to Canada;
(g) persons living with disabilities;
(h) persons living with, or who have experienced, homelessness or houselessness;
(i) persons who are, or were, engaged in sex work;
(j) persons living in rural and remote areas;
(k) persons of diverse sexual orientations; and
(l) persons of diverse gender identities and gender expressions.
(6) Subject to Section 5, the Governor in Council may determine the remuneration and expenses of any person appointed under subsection (2).
4 (1) The Committee shall make recommendations to all relevant Ministers, including the Minister of Health and Wellness and the Minister responsible for the Office of Addictions and Mental Health, for improving access to and coverage for gender-affirming health-care.
(2) Without limiting the generality of subsection (1), the Committee shall inquire into and make relevant recommendations respecting
(a) how to enhance coverage for and access to gender-affirming health-care for two-spirit, transgender, non-binary, intersex and gender diverse people in the Province;
(b) how to enhance coverage for and access to gender-affirming and transition-related prerequisites and procedures, including primary and secondary gender-affirming surgeries and non-surgical transition related procedures;
(c) how to ensure that a range of health-care services is available to meet the individual needs of two-spirit, transgender, non-binary, intersex and gender diverse people in the Province;
(d) how to reduce wait times for gender-affirming health-care in the Province;
(e) how to ensure equitable access to gender-affirming health-care for two-spirit, transgender, non-binary, intersex and gender diverse people with diverse intersectionalities across the Province;
(f) how to expand insurance coverage for gender-affirming treatments and transition related procedures not currently covered under the Health Services and Insurance Act, including affirming facial feminization surgery, voice pitch surgery, chest contouring and electrolysis;
(g) how to adopt the informed consent model of transgender care and how to reduce referral requirements for access to care; and
(h) how to define gender-affirming health-care procedures as lifesaving and life-improving procedures.
(3) In performing its functions under this Section, the Committee shall consult with
(c) the World Professional Association for Transgender Health;
(d) the Canadian Professional Association for Transgender Health;
(e) the Canadian Association of Mental Health;
(f) other jurisdictions that have made steps to expand access to gender-affirming care; and
(g) any other stakeholders with whom the Committee determines it is appropriate to consult.
(4) The Committee shall report its recommendations to the Governor in Council
(a) on or before the day that is six months after the day the Committee is established; and
(5) On or before the day that is 90 days after the day the Committee reports its recommendations to the Governor in Council under subsection (4), the relevant Ministers shall inform the Assembly of the recommendations of the Committee that the Ministers recommend the Government implement.
5 The money required for the purpose of this Act must be paid out of money appropriated for that purpose by the Legislature.
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