New Brunswick Reverses School Pronoun Policy of Previous PC Government

The New Brunswick Legislature is shown in downtown Fredericton in a file photo. The Canadian Press/Stephen MacGillivray

The New Brunswick government is reversing the previous Progressive Conservative government policy requiring parental consent for teachers to use children’s preferred names or pronouns.

The province announced the changes in a Dec. 19 press release as part of a commitment made by the recently elected Liberal government. Under the revised Policy 713, students under 16 can have their preferred names or pronouns used by teachers and school members without parental consent in an informal context, such as social interactions or class lists.

Parental consent is still required for formal use of preferred names or pronouns, such as in school records.

Education and Early Childhood Development Minister Claire Johnson said the changes are in the best interest of students, families, and school staff. “It is essential that schools are inclusive and safe spaces,” she said in the release.

The revised policy will come into effect on Jan. 1.

Policy 713 was placed under review early last year by former Premier Blaine Higgs, who expressed concern about the lack of parental involvement in children’s decisions on gender identity. He said the original policy allowed teachers to withhold from parents their children’s pronoun or name change “to the point of taking down artwork with the student’s chosen name on parent-teacher night.”

In response to Higgs’ announcement of the review, then-Opposition Leader Susan Holt said she had heard from parents, students and teachers who were “deeply concerned. I would say they’re more than concerned; they’re scared.”

Higgs’ government reviewed and updated three sections of the gender policy on July 1, 2023, with one of the changes requiring teachers to obtain parental consent before using the preferred name or pronoun of children under 16.

Higgs’ policy faced opposition, including within his own party. On the day the changes were announced, eight members of the PC caucus, including six ministers in Higgs’ 18-member cabinet, sat out on legislative business in protest of the changes. Higgs told reporters that the caucus and cabinet had “endless meetings” ahead of the announcement of changes to Policy 713, and he was willing to call an election rather than backing down on parental rights. “I believe that strongly in the case of finding a solution here where we do not exclude parents in their child’s life,” Higgs said.

Higgs’ government was the first in Canada to implement policy changes requiring parental consent for name or pronoun changes in schools. Saskatchewan Premier Scott Moe followed suit, announcing a similar policy in August 2023, and earlier this year, Alberta Premier Danielle Smith introduced legislation that would also ban gender-altering surgery for children.

Revised 713 Policy

One of the revised New Brunswick policy’s pillars is that “all members of the school environment have the right to self-identify and express themselves without fear of consequences and with an expectation of dignity, privacy, and confidentiality.” To that end, the policy says students should be able to communicate their chosen first name or pronouns, with members of the school environment using it “consistently.”

Students under 16 can change their preferred name or pronoun without parental consent, as long as it’s only used informally in the school environment. For formal use, parents must approve.

“The expectation is that families are fully involved and aware,” says the policy. When a student is uncomfortable providing informed consent, “the school will respect the student’s wishes and work with them to create a support plan to make their parent(s) aware when they are ready.”

For students aged 16 and older, their chosen name or pronoun can be used formally and informally, with parental awareness being “encouraged but not required.”

The policy notes that in cases where school staff have concerns that a student lacks the ability to self-identify or choose preferred names, and whose parents are not aware of this, an approved professional may assess their capacity.

The policy also says students can participate in activities that are “consistent” with their gender identity. Students will have access to washrooms and changing areas in accordance with their gender identity, making facilities available to “all students in a non-stigmatizing manner.”

All schools are required to have at least one universal washroom that will be accessible at all times.

As for sexual and gender identity education, the policy says the province and schools will ensure classroom activities and materials will contain “positive, age-appropriate, and accurate information related to sexual orientation and gender identities.”

Students will not need parental consent to become members of their school’s Gender Sexuality Alliance groups, which school principals and staff will help establish.

The province and schools will also “strive to use inclusive language when communicating with members of the school environment,” including during classroom instruction, in school materials, and in school and school district newsletters, the policy says.

Tara MacIsaac and Matthew Horwood contributed to this report.