Transgender rights in Canada
The following is a list of procedures for changing one's legal gender assignment in Canada's provinces and territories.
Except for Quebec, the information below concerns altering the sex recorded on one's birth certificate, and therefore must be done with regard to the province or territory where one was born.
All jurisdictions currently require that one or more physicians certify that a person is anatomically a member of the sex of identification (via sex reassignment surgery) before the sex recorded on a birth certificate can be changed. They do not specify exactly what anatomical changes this entails, leaving the determination up to the certifying physicians.
Alberta
In order to change one's legal gender in Alberta, The Vital Statistics Act (section 22) requires affidavits from two doctors stating that the applicant's "Anatomical sex has been changed". These affidavits must be signed before a commissioner for oaths or a notary public. In addition, a statutory declaration must be completed by the applicant and signed before a commissioner for oaths or a notary public. The statutory declaration (REG 3108) can be obtained by writing to the Vital Statistics office. The completed statutory declaration and the affidavits must be returned to this office with a $20 amendment fee.
Note: A legal name change to a gender-appropriate name in Alberta does not require Sex Reassignment Surgery or the alteration of the legal gender on one's birth certificate.
British Columbia
Sex on a birth certificate issued in BC can be altered if 1) the sex was recorded in error at the time of birth, or 2) the person has undergone SRS.
The applicant must provide a certificate from the physician who performed the SRS; evidence that the physician is licensed in the jurisdiction where the surgery was performed; and a certificate from a physician licensed to practise in the jurisdiction where the applicant resides, stating that the person has completed SRS. (The government does not require a specific type of surgery to be performed, but that the physicians certify that the sex has been reassigned according to accepted medical standards.)
Formerly, the applicant had to be unmarried; now that same-sex marriage is legal in British Columbia, this requirement is no longer enforced. The fee to amend the birth certificate is $27; if a new certificate is to be issued, there is a fee of $27 for that service as well.
A person may change their name to one appropriate to their gender of identification without undergoing SRS or changing their legal sex assignment.
Manitoba
In order for a person's legal gender to be reassigned, an application is required accompanied by two medical certificates: one from a doctor who performed sex reassignment surgery, and a second from a doctor who assisted at the surgery. Both certificates must attest that the sex of the applicant was changed through the surgery. There is a $25.00 fee to amend the record, and $25.00 for each new birth certificate requested.
Application forms may be requested from the Vital Statistics Agency.
Names may be changed using the normal procedure, and do not require legal gender reassignment in order to proceed.
New Brunswick
Information pending
Newfoundland and Labrador
A medical certificate from the physician who perfomed SRS and from the applicant's family physician are required. The only fee is $25 for the issuance of a new birth certificate.
Names may be changed using the normal procedure, and do not require legal gender reassignment in order to proceed.
Nova Scotia
Information pending
Ontario
Information pending
Prince Edward Island
Information pending
Quebec
In order for a person's legal gender to be reassigned, the person must be of age, unmarried, and a Canadian citizen, and have resided in Quebec for at least a year. Sex reassignment surgery must be completed. A form from the Directeur de l'état civil must be submitted along with:
- a medical certificate from the physician who performed the surgery;
- a medical certificate from a physician licensed in Quebec, attesting that the surgery was successful;
- a declaration and oath from the applicant.
Fees are $125 for amending the record, and $10 for extra copies of the certificate of gender reassignment. The fee is not refundable if the request is refused.
Formerly, a change of name to one of the opposite gender required a legal gender reassignment. This was successfully challenged in court and now a person can change their name to one of the other gender by the normal name change procedure, without needing a gender reassignment.
See Directeur de l'état civil (in French).
Saskatchewan
The relevant legislation is the Saskatchewan Vital Statistics Act. It requires a medical certificate of completed SRS from a physician licensed in the jurisdiction where the surgery took place (or, if this cannot be obtained, other documentation as required by the director of vital statistics); a certificate signed by a second licensed physician attesting that the person was examined and found to be of the target sex; and "any other evidence the director may require." With this, the sex on a birth certificate issued in Saskatchewan may be altered. The fee is $20. See Saskatchewan Health -- Vital Statistics.
A person may change their name to one appropriate to their gender of identification without undergoing SRS or changing their legal sex assignment.
Northwest Territories
The applicant must submit a statutory declaration of his/her own, as well as statutory declarations from two physicians attesting that SRS has been completed. The fee to alter the birth record is $20.
Information pending
Yukon
Proof of identity is required, along with letters from two doctors attesting that the applicant's anatomical sex has been changed. There is no fee to alter the birth record, but the old birth certificate must be surrendered and a new one ordered.
A person may change their name to one appropriate to their gender of identification without undergoing SRS or changing their legal sex assignment.
Note
The information for these entries comes from correspondence with the provincial and territorial departments of vital statistics during August 2004. Quebec information is from the cited website.