2° épreuve

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FIRST SESSION 

FORTY-FIRST LEGISLATURE

Bill 103
An Act to strengthen the fight against
transphobia and improve the situation of
transgender minors in particular

Introduction

Introduced by
Madam Stéphanie Vallée
Minister of Justice

Québec Official Publisher
2016

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EXPLANATORY NOTES

This bill amends the Civil Code to provide that a minor child
14 years of age or over may act alone in applying for a change of
name to the registrar of civil status and that, in such a case, the
application will not be granted, except for a compelling reason, if
both the minor child’s parents, as legal tutors, or the tutor, if any,
have not been notified of the application or if one of them objects
to it.
The Civil Code is amended to allow a parent who is aware that
the minor child’s other parent intends to object to a change of name
for the minor child to submit an application for a change of name to
the court rather than to the registrar of civil status.
The Civil Code is also amended to allow a minor child to obtain
from the registrar of civil status a change of designation of sex as it
appears in the act of birth. More specifically, the bill provides that
an application for a change of designation of sex for a minor child
under 14 years of age may be made by the child’s tutor and that the
change will not be granted, except for a compelling reason, if the
other tutor has not been notified of the application or objects to it.
In addition, a tutor who is aware that the other tutor intends to object
to the change of designation of sex of a minor child under 14 years
of age may submit an application to the court rather than to the
registrar of civil status. An application for a minor child who is
14 years of age or over may be made by the child alone or by the
child’s tutor, with the child’s consent.
The Charter of human rights and freedoms is amended to provide
for an explicit protection against discrimination based on gender
identity.
Lastly, the Regulation respecting change of name and of other
particulars of civil status is amended to prescribe the conditions that
a minor child will be required to meet to obtain a change of
designation of sex as it appears in the child’s act of birth and also
to ensure consistency with the amendments made to the Civil Code.

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LEGISLATION AMENDED BY THIS BILL:

–  Civil Code of Québec;
–  Charter of human rights and freedoms (chapter C-12).

REGULATION AMENDED BY THIS BILL:

–  Regulation respecting change of name and of other particulars of
civil status (chapter CCQ, r. 4).

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Bill 103
AN ACT TO STRENGTHEN THE FIGHT AGAINST
TRANSPHOBIA AND IMPROVE THE SITUATION OF
TRANSGENDER MINORS IN PARTICULAR
THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:
CIVIL CODE OF QUÉBEC

1.  Article 59 of the Civil Code of Québec is amended
(1)  in the first paragraph,
(a)  by replacing “A person of full age” by “A person”;
(b)  by replacing “est domicilié” in the French text by “est domiciliée”;
(c)  by replacing “apply for a change of name” by “be the subject of an
application for a change of name”;
(d)  by striking out the last sentence;
(2)  by replacing the second paragraph by the following paragraph:
“A child under one year of age, born and domiciled in Québec, is considered
to have been domiciled in Québec for at least one year.”

2.  Article 60 of the Code is replaced by the following article:
“60.  An application for a change of name for a minor child may be made
by the child’s tutor or by the minor child alone if the child is 14 years of age
or over.
An application for a change of the surname of the father or mother as declared
in the act of birth of a minor child is also valid for the minor child if the child
bears the same surname or part of that surname.”

3.  Article 61 of the Code is amended, in the first paragraph,
(1)  by replacing “ses motifs” in the French text by “les motifs au soutien
de la demande”;

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(2)  by replacing “of his or her father and mother” by “of the father and
mother of the person who is the subject of the application and, if applicable”;
(3)  by replacing “his or her married or civil union spouse” by “that person’s
married or civil union spouse”.

4.  Article 62 of the Code is amended
(1)  in the first paragraph,
(a)  by replacing “the tutor” by “, as the case may be, the father and mother
of the minor child as legal tutors, the tutor, if any,”;
(b)  by replacing “has not been notified of the application or objects to it”
by “have not been notified of the application or if any of those persons object
to it”;
(2)  in the second paragraph,
(a)  by replacing “However,” by “The same applies”;
(b)  by replacing “only the minor has the right to object” by “except with
respect to the right to object reserved to the tutor of a minor under 14 years of
age or to the minor 14 years of age or over”.

5.  The Code is amended by inserting the following article after article 66:
“66.1.  A person who wishes to file an application for a change of name
for a minor child by way of administrative process may, if an objection is made,
as the case may be, by the father and mother as legal tutors, by the tutor, if any,
or by the minor 14 years of age or over, submit the application to the court
before it is filed with the registrar of civil status.”

6.  Article 71 of the Code is amended
(1)  by replacing “only a person of full age who has been domiciled” in the
third paragraph by “only a person who has been domiciled”;
(2)  by adding the following paragraphs at the end:
“A child under one year of age, born and domiciled in Québec, is considered
to have been domiciled in Québec for at least one year.
The conditions prescribed by government regulation that must be met to
obtain such changes may vary, in particular, according to the age of the person
who is the subject of the application.”

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7.  The Code is amended by inserting the following article after article 71:
“71.1.  An application for a change of designation of sex for a minor child
may be made by the minor alone if the minor is 14 years of age or over or by
the minor’s tutor with the minor’s consent. If the minor is under 14 years of
age, the application must be made by the minor’s tutor.
In the latter case, the change of designation of sex is not granted, except for
a compelling reason, if the other tutor has not been notified of the application
or objects to it.”

8.  The Code is amended by inserting the following article after article 73:
“73.1.  A tutor who wishes to file an application for a change of designation
of sex for a minor under 14 years of age may, if the other tutor objects to it,
submit the application to the court before an application to obtain such a change
is filed with the registrar of civil status.”
CHARTER OF HUMAN RIGHTS AND FREEDOMS

9.  Section 10 of the Charter of human rights and freedoms (chapter C‑12)
is amended by inserting “gender identity,” after “sex,” in the first paragraph.
REGULATION RESPECTING CHANGE OF NAME AND OF OTHER
PARTICULARS OF CIVIL STATUS

10.  Section 2 of the Regulation respecting change of name and of other
particulars of civil status (chapter CCQ, r. 4) is amended
(1)  by striking out “to change the name of a person of full age only” in the
introductory clause and by inserting “on the person who is the subject of the
application” after “information” in the same clause;
(2)  by replacing the second and third occurrences of “qu’il” in paragraph 1
in the French text by “qu’elle”;
(3)  by replacing “il est domicilié” in paragraph 4 in the French text by “elle
est domiciliée”;
(4)  by replacing “il est devenu citoyen canadien, s’il est né” in paragraph 5
in the French text by “elle est devenue citoyenne canadienne, si elle est née”;
(5) by replacing “the applicant’s marital status and, if the applicant is
married,” in paragraph 7 by “the person’s civil status and, if the person is
married or in a civil union,” and by inserting “or civil union” after “marriage”
in the same paragraph;
(6)  by replacing “s’il en a” in paragraph 8 in the French text by “si elle
en a”;

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(7)  by replacing “s’il a” and “qu’il” in paragraph 9 in the French text by “si
elle a” and “qu’elle”, respectively;
(8)  by replacing “il” in paragraph 10 in the French text by “elle”;
(9)  by replacing “applicant” and “applicant’s” wherever they appear by
“person” and “person’s”, respectively.

11.  Section 3 of the Regulation is replaced by the following section:
“3.  An application concerning a minor child must include the following
information, in addition to the information required in section 2:
(1)  the domiciliary address of the child’s father and mother on the date on
which the application is filed;
(2)  if the child’s father or mother has been deprived of parental authority
by a judicial decision, an indication of that fact;
(3) if the child’s filiation has been changed by a judicial decision, an
indication of that fact; and
(4)  if the child has a tutor, a statement that a tutor has been appointed to the
child, either by a judicial decision, or by will or by a declaration filed with the
Public Curator in accordance with article 200 of the Civil Code, the tutor’s
name, the tutor’s domiciliary address, the mode of appointment of the tutor
and the effective date of the tutorship.
The application must also include the following information on the tutor
who is making the application for the minor child:
(1)  the tutor’s name, as stated in the tutor’s act of birth;
(2)  the tutor’s domiciliary address on the date on which the application is
filed; and
(3)  the tutor’s capacity in relation to that child.”

12.  Section 6 of the Regulation is replaced by the following section:
“6.  The notice of application for a change of name must include the
following information on the person who is the subject of the application:
(1)  the person’s name, as stated in the person’s act of birth;
(2)  the person’s domiciliary address;
(3)  the name applied for with the registrar of civil status; and

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(4)  the place and date of the notice.
Where the application is to change the name of a minor child, the notice of
application must also include the name of the person making the application
for the minor child, that person’s domiciliary address and his or her capacity
in relation to the child.
The notice of application includes the signature of the person making the
application.”

13.  Section 23 of the Regulation is amended by replacing “Sections 1, 2, 4
and 16” by “Divisions I and III and sections 12”.
14.  Section 23.1 of the Regulation is amended
(1)  by inserting “made by a person 14 years of age or over” after “application”
in the introductory clause;
(2)  by adding the following paragraph at the end:
“If a tutor’s affidavit is in support of an application made by the tutor for a
minor child, the affidavit must also attest that
(1)  the designation of sex requested for the minor child is the designation
that best corresponds to the child’s sexual identity;
(2)  the minor child assumes that sexual identity;
(3)  the tutor understands the seriousness of the minor child’s undertaking; and
(4)  the tutor’s undertaking for the minor child is voluntary and his or her
consent is given in a free and enlightened manner.”

15.  Section 23.2 of the Regulation is amended
(1)  by inserting “of a person of full age” after “act of birth”;
(2)  by adding the following paragraph at the end:
“An application for a change of the designation of sex for a minor child must
be accompanied by, in addition to the documents referred to in section 4, a
letter from a physician, a psychologist, a psychiatrist or a sexologist authorized
to practise in Canada or in the State in which the child is domiciled who declares
having evaluated or followed the child and is of the opinion that the change of
the designation is appropriate.”

16.  The provisions of this Act come into force on the date or dates to be set
by the Government.

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