Quebec

Québec

Family

Soon, as a parent you will be able to change your sex designation on your child’s birth certificate to match your gender identity. This is as a result of the recent Center for Gender Advocacy v Attorney General of Quebec case, and these changes should go into place by December 31st, 2021. 

Gender Marker

You will need to submit different documents to change your gender marker depending on your age. The fee for this change is $144. You will be allowed to change your gender marker even if you have not or do not plan on undergoing any gender affirmation surgery. You can only change your gender marker to F or M (this will likely be changed shortly due to the results of the Center for Gender Advocacy v Attorney General of Quebec case).  

For adults (age 18 or over), follow the following steps:  

  1. Complete the following form   
  2. Compile the documents listed in the appendix of the form (this changes based on the person, and generally includes a photocopy of a photo ID, two proofs of home address, and other documents depending on your circumstances) 
  3. Get an affidavit from someone who is authorized to administer oaths (such as a justice of the peace, attorney, or notary). This can be done free of charge at a Service Quebec office or at an office of the Directeur de l’état civil. 
  4. Submit your completed application in person or by mail to the office of the Directeur de l’état civil.    

For youth (age 14-17), follow the following steps:  

  1. Either apply on your own behalf using this form, or have a parent or tutor apply on your behalf using this form   
  2. Get a letter from a physician, psychologist, psychiatrist, sexologist or social worker supporting your application   
  3. Compile the documents listed in the appendix of the form (this changes based on the person, and generally includes a photocopy of a photo ID, two proofs of home address, and other documents depending on your circumstances) 
  4. Provide an affidavit from someone who is authorized to administer oaths (such as a justice of the peace, attorney, or notary). This can be done free of charge at a Service Quebec office or at an office of the Directeur de l’état civil. 
  5. Submit your completed application in person or by mail to the office of the Directeur de l’état civil.   

For youth (age 13 or under), follow the following steps:  

  1. Have a parent or tutor fill out the following form  
  2. Get a letter from a physician, psychologist, psychiatrist, sexologist or social worker supporting your application   
  3. Compile the documents listed in the appendix of the form (this changes based on the person, and generally includes a photocopy of a photo ID, two proofs of home address, and other documents depending on your circumstances) 
  4. Provide an affidavit from someone who is authorized to administer oaths (such as a justice of the peace, attorney, or notary). This can be done free of charge at a Service Quebec office or at an office of the Directeur de l’état civil. 
  5. Send the completed application by registered mail to any other parents or tutors as notice of the change, and keep proof that this was sent  
  6. Submit your completed application in person or by mail to the office of the Directeur de l’état civil.   

Upcoming changes:  

On January 28th 2021, the Superior Court of Quebec decided in Center for Gender Advocacy v Attorney General of Quebec that multiple articles of the Civil Code affecting Trans, Non-Binary and Intersex people are invalid. The court gave the Government of Quebec until December 31st 2021 to make the appropriate changes to the Civil Code. 

Forms, requirements and processes may change to reflect the legislative amendments between now and December 31st 2021. 

The amendments to the Quebec Civil Code will: 

  • Allow for non-binary people to change their sex designation on their official documents and identification of civil status. 
  • Allow for non-binary parents to be named as ‘parents’ rather than ‘mother’ or ‘father’ on their children’s birth certificates. 
  • Removal of citizenship requirements for applications of name or gender marker change for provincial identification documents (effective immediately)
  • Removal of the requirement that young people (aged 14-17) provide a letter from a physician, psychologist, psychiatrist, sexologist or social worker when applying to change their gender designation (Note: the Quebec government has appealed this) 

The Centre for Gender Advocacy is cross-appealing the requirement for parental consent in the change of name process for youth aged 14 to 17, and we will update this page as more information if the law is changed as a result.  

Sources: 
Québec Directeur de l’état civil Québec – Change of Sex Designation; CBC News ArticleQuebec – Attorney General NoticeCentre for Gender Advocacy v. Attorney General of Quebec, 2021 QCCS 191

Human Rights

Gender identity and gender expression are protected under the Charter of Human Rights and Freedoms of Québec. You can learn more about how the charter protects you at this page from the Commission des droits de la personne et des droits de la jeunesse.  

If you have been discriminated against due to your gender identity or gender expression in a way that is protected under this Act, you can file a complaint with the Commission. For more info about filing a complaint, click here. 

Source:  Québec Charter of Human Rights and FreedomsCommission des droits de la personne est des droits de la jeunesse Québec

Name Change

You will need to submit different documents to change your name depending on your age. The fee for this change is $144.   

For all ages, you must meet the following requirements:  

  • Be at least 14 years old  
  • Have been a resident of Quebec for at least one year 

For adults (age 18 or older), follow the following steps:  

  1. Complete a request for preliminary analysis to determine if you are eligible to change your name   
  2. Once you have been notified that you are eligible, you will also get an application form sent to you. Fill out that form  
  3. Get a sworn statement done in front of a person authorized by law (can be done free of charge at your local office of the Directeur de l’état civil 
  4. Give public notice that you intend to change your name, unless you have been exempt 
  5. Submit your completed application to the Directeur de l’état civil 

For youth (age 14-17), follow the following steps:  

  1. Have a parent or tutor complete a request for preliminary analysis to determine if you are eligible to change your name. 
  2. Once you have been notified that you are eligible, you will also get an application form sent to you. Have a parent or guardian fill out that form.   
  3. Get a sworn statement done in front of a person authorized by law (can be done free of charge at your local office of the Directeur de l’état civil). 
  4. Notify all other parents/guardians. If a parent objects to the name change, the request will be automatically rejected and can only continue by being presented to a court.
  5. Provide proof that you were notified of the application.   
  6. Give public notice that you intend to change your name, unless you have been exempt. 
  7. Submit your completed application to the Directeur de l’état civil. 

Note that Quebec only approves name change requests under certain conditions that meet the standards of “seriousness” as per article 58 of the Civil Code of Quebec. The application does not indicate that you must submit supporting documents from professionals etc., however it is important to provide concrete examples that indicate the experience of “Serious prejudice or psychological suffering caused by the use of the name” to increase the chances of being approved for a name change.  

Sources: Québec – Directeur de l’état civil QuébecCivil Code of Quebec