Last updated: 03 June 2015
Note: This post was changed from an opinion and position piece to a factual piece for a number of reasons.
“You may apply to change your gender designation on your BC Services Card, driver’s licence, EDL, BCID or EIC. Gender is listed as “Sex” on all these cards, as well as your birth certificate. ” – Change your Name, Address, or Gender – Province of British Columbia
“Citizenship and Immigration Canada (CIC) is now accepting provincial or territorial documents such as an amended birth certificate showing a new sex designation or a legal/court order recognizing the person under a different sex designation or gender identity.” Establishing gender for citizenship applications – Government of Canada
The following information was taken from a survey of information provided by provincial and federal information sites in Canada for the purpose of instructing transgender persons on whether they can chance their provincial or federal documents to the appropriate sex designation based on their self-identified gender or sex.
Note: As of May 2015, none of the provinces, territories, or federal sites mention sex or gender designation that is neither Male or Female.
Alberta:
– Birth Certificates: ?
– Identity Documents: Changeable
– Implemented
Service Alberta issued a notice of enhancement of regulation related to “change of sex”;
“Effective immediately, an enhancement has been made to the Operator Licensing and Vehicle Control Regulation and the Identification Card Regulation affecting the change of sex on these cards. With these changes, transgender Albertans may submit one of the following to update their sex on their drivers licence or identification card:
-
an amended birth certificate, or
-
an amended record of birth, or
-
an affidavit and a letter from a regulated medical professional.”
British Columbia:
– Birth Certificate: Changeable
– Provincial ID: Changeable
– Implemented
– Basis: declared gender identity
BC provides the following instructions on the BC ID information page:
“B.C. residents are required to keep their personal information current in order to continue to qualify for health care coverage.
There are a few life events that could require an update to your personal information – getting married or divorced, legally changing your name, moving or changing your gender.”
“B.C. is the first jurisdiction in Canada to revise its legislation to remove the requirement for transsexual surgery in order for an individual to change their gender designation on their birth certificate.”
Manitoba
– Birth Certificate: changeable
– Provincial ID: changeable
– Implemented
– Basis: declared gender identity
Vital Statistics Agency of Manitoba says:
“Manitoba recently changed its legislation to remove the requirement for transsexual surgery to change the sex designation on a Manitoba birth registration and birth certificate. A person whose birth is registered in Manitoba may apply for this change through an application that includes a statutory declaration and a letter from a health care professional (physician, psychiatrist, surgeon, nurse practitioner, psychologist or independent practice psychological associate).”
The link to a template for a letter of a health care professional can be found here. The instructions to the care professional include the following:
“Vital Statistics Agency relies on health care professionals to exercise their professional judgement in accordance with their experience, expertise and contact with the applicant to determine whether the applicant’s sex designation on their birth registration should be changed.”
North West Territories
Nova Scotia
– Birth certificate: Changeable
– Provincial ID: Changeable
– Implementation ongoing
– Basis: declared gender identity
The goverenemt of NS published the following statement as part of a press release April 8 “Amendments to Vital Statistics Act Introduced” :
“Amendments introduced today, April 8, will remove the requirement for Nova Scotians to have sex reassignment surgery to change the sex designation on their birth certificate.”
“Amendments include:
— eliminating the requirement for sex reassignment surgery to change the sex designation on a birth certificate
— requiring a self-declaration from the applicant stating that they have assumed, identify with, and intend to live in a gender identity that corresponds with the desired sex designation
— requiring a letter of support from a person with a professional designation as defined in regulation (like a doctor, nurse, social worker or psychologist)
— requiring minors under 16 to have parental consent. The letter of support must be from a doctor or psychologist that has treated or evaluated the applicant and must include a professional opinion that the minor is able to understand the impact of the decision.”
Nunavut
Ontario
– Birth certificate: Changeable
– Provincial ID: Changeable
– Implemented
– Basis: declared gender identity
Service Ontario provides the following instructions, which are also available on their info page here:
“As an adult, to change your sex designation you will need:
- your birth to have been registered in Ontario
- to be 16 years of age or older
- an Application for Change of Sex Designation on a Birth Registration of an Adult
- a Payment Form
- a Statutory Declaration for a Change of Sex Designation on a Birth Registration of an Adult
- a letter signed by a practicing physician or psychologist (including a psychological associate) authorized to practise in Canada that includes the statements necessary to support your request (see application cover sheet for instructions). In some cases, alternatives to the required letter may be acceptable
- all previously issued birth certificates and certified copies of your birth registration
- an application form for a birth certificate submitted with applicable fees
As a child, to change your sex designation you will need:
- your birth to have been registered in Ontario
- to be 17 years of age or under
- an Application for Change of Sex Designation on a Birth Registration of a Child completed by a person with legal custody (e.g., a parent)
- a Payment Form
- a Statutory Declaration for a Change of Sex Designation on a Birth Registration of a Child completed by a person with legal custody (e.g., a parent)
- a consent form providing written consent of the child
- a consent form providing consent of all persons with legal custody of the child
- proof of notice to all persons with legal access to the child
- a letter signed by a practising physician or psychologist (including a psychological associate) authorized to practise in Canada that includes the statements necessary to support the child’s requested change (see application cover sheet for instructions). In some circumstances, alternatives to the required letter may be acceptable
- all previously issued birth certificates and certified copies of your birth registration
- an application form for a birth certificate submitted with applicable fees”
PEI
Quebec
– Birth Certificates: Changeable but onerous
– Identity Documents: Changeable but onerous
– Implemented
– basis – proof of specific surgery
Note 1: The government of Quebec publishes very little on the matter of change of sex in French or English.
Note 2: Santé Trans Health, an organization whose role is similar to Trans Alliance Society, reports that proof of transsexual surgery is required in Quebec before a change of designation is issued:
In order to meet the requirements in Québec, a female-to-male transsexual needs to have taken hormones and had a hysterectomy. A male-to-female transsexual has to have taken hormones and undergone a vaginoplasty.
The website of the Directeur de L’eta Civil (English, French) offers the following instructions:
- Régie de l’assurance maladie du Québec
- Régie des rentes du Québec
- Ministère de l’Emploi et de la Solidarité sociale
- Commission administrative des régimes de retraite et d’assurances
- Curateur public du Québec“
Saskatchewan
Yukon
Federally
“Transgender Canadians can now self-identify on citizenship documents without sex-reassignment surgery” – National Post
The Citizenship and Immigration website provides the following information:
“New instructions are currently being developed. It is anticipated that they will be posted by spring or early summer 2015. The current instructions will be amended to remove the requirement for proof of sex reassignment surgery (SRS) and to provide a list of acceptable documentary evidence to support an applicant’s request to change the sex designation on a citizenship certificate.
Citizenship and Immigration Canada (CIC) is now accepting provincial or territorial documents such as an amended birth certificate showing a new sex designation or a legal/court order recognizing the person under a different sex designation or gender identity. However, CIC is also reviewing what other evidence will be accepted to support a request for a change in sex designation on a citizenship certificate for clients who are unable to obtain a provincial or territorial document.”
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