BILL 35

Sexual Orientation and Gender Identity Protection Act

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

Definitions

1 The following definitions apply in this Act.

“conversion therapy” means counselling, behaviour modification techniques or the administration or prescription of medication or any other practice, treatment or service provided with the purported objective of changing a person’s sexual orientation, romantic orientation, or gender identity or expression, but does not include (thérapie de conversion)

aservices that provide acceptance, support or understanding of a person or that facilitate a person’s coping, social support or identity exploration or development, or

ba gender-confirming surgery or any related service.

“health professional” means a person who provides a service related to (professionnel de la santé)

athe preservation or improvement of the health of individuals,

bthe diagnosis, treatment or care of individuals who are injured, sick, disabled or infirm,

and who is regulated under a private Act of the Legislature with respect to the provision of the service and includes a social worker registered under the New Brunswick Association of Social Workers Act.

“minor” means a person under 19 years of age. (mineur)

“professional service” means a service provided by a health professional within the health professional’s scope of practice. (service professionnel)

“scope of practice” means the roles and functions authorized for a health professional by the health professional’s governing statute, including counselling, providing behaviour modification techniques, administering and prescribing medication and any other purported treatment. (champ d’exercice)

Certain professional services prohibited

2( 1) A health professional shall not, within the health professional’s scope of practice, provide to a minor any professional service that would constitute conversion therapy.

2( 2) Despite any other Act or regulation, a parent, guardian or substitute decision maker shall not give consent on a minor’s behalf to the provision by a health professional of any professional service that would constitute conversion therapy.

Person in position of trust or authority

3( 1) A person in a position of trust or authority in relation to a minor shall not provide, promote or fund conversion therapy to the minor.

3( 2) Despite any other Act or regulation, a parent, guardian or substitute decision maker shall not give consent on a minor’s behalf to the provision of conversion therapy by a person in a position of trust or authority in relation to the minor.

Penalty

4 A person who violates or fails to comply with section 2 or section 3 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

Not entitled service

5 Despite any other Act or regulation, the provision of conversion therapy is not an entitled professional service for which a beneficiary or other person may be paid or reimbursed.

Expenditure of public funds prohibited

6( 1) The expenditure of public funds to or on behalf of a person for the provision of conversion therapy is prohibited.

6( 2) The expenditure of public funds to a person or organization that advocates for conversion therapy is prohibited.

Power to make regulations

7( 1) The Lieutenant-Governor in Council may make regulations

adefining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both; or

bgoverning any other matter that may be necessary for the proper administration of this Act.

7( 2) A regulation under this section may prescribe different regulations for different persons or classes of persons.