Find Legal Info

Explore province-specific legal resources, providing crucial guidance across Canada’s diverse legal landscapes.

Canada-Wide Information

Arrest/Detention
If you are arrested, you have the following rights:

  • To be placed in a facility that corresponds to your gender identity or expression where there are no overriding health or safety concerns
  • To choose the gender of the person who strip searches or frisks you
  • To have your correct name and pronouns used in written and oral communications
  • To have confidentiality and privacy in relation to your gender identity, and to have that information only shared on a need-to-know basis

The Correctional Service of Canada (CSC) is still updating their policies for Two Spirit, trans, non-binary and gender non-conforming people. More details about future changes can be found here.

Source: CSC Interim Policy Bulletin 584

Citizenship and Migration

When choosing or updating your gender identifier on your Canadian travel documents, you will need to provide supporting documents. This can include proof of citizenship, proof of immigration status, or a previous passport. Your marker can be F, M, or X. More detailed info can be found here.

Gender Marker Changes

If you are seeking citizenship, permanent residence, temporary residence, or are a refugee claimant, you can submit a request form to change your sex or gender identifier on IRCC documents, regardless of what is indicated on your supporting documents. Supporting documents from the issuing authority (i.e. your country of origin) are not required. More information can be found here.

Name Change

Permanent residents and foreign nationals will need to have their foreign passport or other national authoritative documents changed first in order to then change their name in Canadian records. You will have to provide a linking document to use as evidence of a change of name, and that document will be copied or scanned to keep in your file.

For Canadian citizens who changed their name abroad and reside in Canada, Immigration, Refugees and Citizenship Canada (IRCC) will rely on a document that links the previous name to the new name, such as a marriage certificate or a legal change of name document, and a document issued in Canada that displays your new name. More information can be found here.

Family Law

Marriage in Canada is defined as the lawful union of two persons to the exclusion of all others, which specifically includes same sex couples.

Divorce is available to any two people married to each other, regardless of gender. Language in the Divorce Act often refers to sex instead of gender, but it does not preclude anyone regardless of gender identity from marrying or divorcing.

Sources: Civil Marriage Act; Divorce Act; S. (J.) v F. (C.), 2005 BCSC 1011, 43 BCLR (4th) 371; M (M.) v H (J.) (2004), 73 OR (3d) 337, 136 ACWS (3d) 319 (Sup Ct).

Passport
You will need to submit different documents to change your gender marker on your Canadian passport depending on your age. The fee for this change is the same as general passport application fees. 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 change your gender marker to F, M, or X.

You will not need to provide any other documentation if your previous passport or status document has the X observation sticker, or if your proof of citizenship, proof of immigration status, or previous passport has the same gender identifier as what you want.

If your supporting documents do not show the gender marker you want on your passport, you will have to fill out a form. Adults (16 or older) should fill out this form, and children (15 or under) should fill out this form.

Once this additional form is filled out, follow the regular steps to apply for a passport. For adults this can be found here, and for children this can be found here.

More instructions on changing your gender marker or name on your passport can be found here.

Sex Work

The Protection of Communities and Exploited Persons Act (PCEPA) was introduced on June 4, 2014 and came into force on December 6, 2014. The Act was a reaction to Bedford v Attorney General of Canada, a Supreme Court of Canada case that struck down the old sex worker provisions as unconstitutional because they infringed the Charter right to security of the person.

PCEPA’s main objectives are to reduce the demand for sex work, to protect communities from the harms inherently caused by sex work, and to protect sex workers themselves from the harms inherently caused by sex work. PCEPA attempts to achieve these objectives by criminalizing sex work for buyers of sexual services but not sex workers themselves.

In PCEPA’s preamble, the government of Canada denounced sex work as an inherently dangerous activity that harms both communities and sex workers. Under this view, purchasers and facilitators of sex work necessarily exploit sex workers, and sex workers are exploited victims who require support and assistance.

Reflecting PCEPA’s three main objectives, the Act’s provisions can be divided into three topics: criminalizing the sex work market, protecting sex workers, and criminalizing harms to communities.

Sources: Bedford v Attorney General of Canada, 2013 SCC 72; Protection of Communities and Exploited Persons Act.

  1. Criminalizing the Sex Work Market

PCEPA criminalizes the sex work market by making it an offence to do the following: purchase sexual services, receive material benefit from the sex work of others, procure or pimp another person to perform sex work, and advertise the sale of sexual services. These provisions criminalize the practice of sex work and other related activities in the sex work market in order to attempt to reduce demand for sexual services.

Section 286.1 of the Criminal Code makes it an offence to purchase sexual services for consideration or to communicate in any place for that purpose. This offence requires a contract or agreement for a specific sexual service in return for some form of compensation, such as money or gifts. Purchasers of sexual services can face maximum penalties of 5 years imprisonment by indictment, or 18 months by summary conviction, as well as escalating mandatory minimum fines.

Sources: Criminal Code.

  1. Receiving Material Benefit from the Sex Work of Others

Section 286.2 of the Criminal Code makes it an offence to receive material benefit from the sexual services of another person. Importantly, sections 286.2(4) and 286.2(5) outline exceptions to this offence, allowing sex workers to provide material benefits to non-exploitive parties. These parties include co-tenants, family members, dependants, certain protective employees such as bodyguards, and certain public firms such as Internet Service Providers. Purchasers of sexual services can face a maximum penalty of 10 years imprisonment, with a mandatory minimum sentence of 2 years.

Sources: Criminal Code.

  1. Procuring or “Pimping” Another Person to Perform Sex Work

Section 286.3 of the Criminal Code makes it an offence to procure or “pimp” another person to perform sex work for consideration. This section also makes it an offence to facilitate sex work by recruiting, concealing, or harbouring sex workers, as well as to exercise a degree of control, direction, or influence over the movement of sex workers. Purchasers of sexual services can face a maximum penalty of 14 years imprisonment.

Sources: Criminal Code.

  1. Advertising the Sale of Sexual Services

Section 286.4 of the Criminal Code makes it an offence to advertise the sale of sexual service. This offence requires knowingly placing these advertisements in any media, such as in person, in print, or online. Advertisers of sexual services can face maximum penalties of 5 years imprisonment by indictment or 18 months by summary conviction.

Sources: Criminal Code.

Protecting Sex Workers

The PCEPA does not explicitly punish sex workers who engage in their own sex work. Section 286.5(1)(a) prevents sex workers from being prosecuted for receiving a material benefit, such as money or gifts, for their own sex work. Section 286.5(1)(b) prevents sex workers from being prosecuted for advertising their own sexual services. Section 286.5(2) prevents sex workers from being prosecuted for aiding or abetting acts under sections 186.1 to 186.4 if it is for their own sexual services.

Sources: Protection of Communities and Exploited Persons Act.

Criminalizing Harms to Communities

PCEPA criminalizes harms to communities by making it an offence to do the following: stop or impede the flow of pedestrian or vehicular traffic for the purpose of purchasing or selling sexual services in public, communicate for the purpose of selling sexual services in certain community locations that are used by children, and own or reside in a “common bawdy-house” for the practice of “acts of indecency.”

Purchasing Sexual Services in Public

Section 213(1)(a) of the Criminal Code makes it an offence to stop or attempt to stop motor vehicles in a public place or in any place open to public view for the purpose of purchasing sexual services. Section 213(1)(b) makes it an offence to impede the flow of pedestrian or vehicular traffic in a public place or in any place open to public view for the purpose of purchasing sexual services. This provision reflects the government’s stance that only the purchasers of sexual services should be punished; sex workers who engage in these activities to sell sexual services will not be punished. Offenders can face fines of up to $5,000 or 6 months imprisonment or both.

Selling Sexual Services in Community Locations

Section 231(1.1) of the Criminal Code makes it an offence to communicate for the purpose of selling sexual services in a school ground, playground, or daycare centre, or in a public place that is next to these community locations. This provision, consequently, directly affects those in the sex work industry. This provision also reflects the government’s stance that sex work is inherently dangerous and exploitive, in that it would be harmful for children to view such activity. However, acknowledging the need to also protect sex workers, the provision allows for sex workers to sell sex work in other public areas. Offenders can face fines of up to $5,000 or 6 months imprisonment or both.

Owning or Residing in a “Common Bawdy-House”

Section 210(1) of the Criminal Code makes it an offence to own or reside in a “common bawdy-house.” Section 197(1) defines a “common bawdy-house” as a place meant for the practice of “acts of indecency.” Under this definition, sex work is not inherently indecent, legally allowing sex workers to keep a house for prostitution.

Sources: Criminal Code; Protection of Communities and Exploited Persons Act.

How PCEPA Affects Current Sex Workers

Sex work is criminalized in Canada through PCEPA, making it an offence to participate in the practice for all parties involved in the transaction except for sex workers themselves. On a policy level, this decision further stigmatizes the practice of sex work by necessarily associating it with illegal activity and exploitation.

Despite exemptions from criminal prosecution, this approach to addressing sex work in Canada may negatively and directly affect the practice of sex work for both sex workers in general and Two Spirit, trans, non-binary and gender non-conforming sex workers in particular.

General Sex Workers

Broadly, the criminalization of sex work will likely negatively affect how Johns and other third parties interact with sex workers. Given the possibility of criminal sanction, these parties may be hesitant to interact with sex workers or be forced to interact with sex workers underground, increasing safety risks.

Purchasing Sexual Services

Johns will likely be driven underground in order to elude police detection. This movement may worsen conditions for sex workers because these underground interactions with clients will likely be in isolated locations where sex workers cannot rely on police for protection. Sex workers may also find it difficult to properly screen potential clients in these locations or when these clients want to rush the screening process to better elude the police.

Receiving a material benefit from sex work

Although PCEPA provides exceptions to the provision that criminalizes receiving a material benefit from sex work, the terms may be enforced improperly due to vagueness and uncertainty of the terms. Some non-exploitive relationships may share some characteristics with those that do, such as the existence of a commercial element. There may be barriers to creating reasonable and professional relationships that enhance safety or provide services due to this uncertainty.

Selling sexual services in community locations

Sex workers cannot “communicate for the purpose of selling sexual services” in or next to school grounds, playgrounds, and day cares, potentially harming sex workers who practice on the street. Not only does this provision further marginalize sex workers by positioning them outside of communities; they may also be driven to underground and isolated locations, where they face increased barriers to safety.

Two Spirit, trans, non-binary and gender non-conforming sex workers

Although there is currently no research on how PCEPA affects Two Spirit, trans, non-binary and gender non-conforming sex workers, research from the pre-Bedford regime may be illustrative. Two Spirit, trans, non-binary and gender non-conforming sex workers faced intersecting challenges due to the stigma associated with both their occupation and their gender identity. That is, these sex workers not only had to contend with the marginalization of being in the sex industry and of being transgender separately, but they also experienced further violence through sex work clients who learned that they were Two Spirit, trans, non-binary or gender non-conforming.

PCEPA’s provisions will likely do little to address these systemic barriers for Two Spirit, trans, non-binary and gender non-conforming sex workers. The provisions explicitly denounce sex work as an inherently dangerous and exploitive activity, and they do not address the particular needs of vulnerable populations who also practice sex work. Consequently, the stigma associated with both practicing sex work and being transgender is not addressed, and will likely allow the experiences from the pre-Bedford regime to persist.

Sources: Protection of Communities and Exploited Persons Act; Bedford v Attorney General, 2013 SCC 72; Chris Bruckert and Frédérique Chabot, “Challenges: Ottawa sex workers speak out”; Ibid at 100.

British Columbia Information

Arrest/Detention
If you are arrested, you have the following rights:

  • The right to be placed in a correctional institution based on the gender you identify with
  • The right to choose who is allowed to conduct searches (i.e. the gender of officers)
  • The right to retain personal items that are part of your gender expression, such as packers or prosthetics
  • The right to be referred to by your name and pronouns
  • The right to order the institutional gendered clothing of your choice

If you are housed in an institution according the the gender you were assigned at birth, you have the right to :

  • Private bathroom and shower spaces
  • Not to be required to share a cell with another prisoner

To file a complaint if these rights have been violated, contact one of our legal support resources.

Source: Trans Rights BC

Gender Marker
You will need to submit different documents to change your gender marker depending on your age. The fee for this change is $27, plus a fee of $27-$60 to receive a new birth certificate. 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 change your gender marker to F, M, or X.

For all ages, you must meet the following requirement:

  • Return any previously issued BC birth certificates

For adults (age 19 or older), follow the following steps:

  1. Fill out the application for change of gender designation form
  2. Submit your application to Vital Statistics

For youth (age 18 or younger), follow the following steps:

  1. Fill out the application for change of gender designation form
  2. Provide proof of parentage and/or a copy of legal guardianship (this can be a copy of a parental birth certificate, a guardianship court order, etc.)
  3. Provide consent from all other parents/guardians
  4. Submit your application to Vital Statistics

Driver’s Licenses and Other Identification Cards

You can also change your gender on your Driver’s License, BCID, Medical Services Plan client record, and BC Services Card. It is recommended that you change your birth certificate first, and then change other forms of identification.

To change your gender marker on a BCDL, BCEDL, BCID, or BCEID is relatively simple once your birth certificate has been changed. You need only visit a Driver Licensing Office with your updated birth certificate and the required identification.

Note that as of January 14, 2022, you will no longer need documentation from a doctor in order to change your gender marker on your BC Services Card, BC Drivers’ license, BC ID, or birth certificate. (Source)

Sources: British Columbia – Change Personal Information; Driver Licensing – Changing Gender; British Columbia Vital Statistics Act, British Columbia Vital Statistics Agency; Change of Gender Designation on Birth Certificates.

Human Rights

Gender identity and gender expression are protected under the British Columbia Human Rights Code, except for under wage discrimination based on sex.

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 human rights complaint. To see if your complaint is covered by the B.C. Human Rights Tribunal or to receive assistance, call (604) 622-1100 or 1-855-685-6222.

Source:British Columbia Human Rights Code; British Columbia Human Rights Clinic; British Columbia Human Rights Tribunal.

Name Change

You will need to submit different documents to change your name depending on your age. The fee for this change is $137.

For all ages, you must meet the following requirements:

  • Be a permanent BC resident or have lived in BC for at least three months before applying
  • If you were born in Canada, provide your original birth certificate with its registration number
  • If you were born outside of Canada, provide a certified copy of both sides of your Permanent Resident Card or Canadian Citizenship Card/Certificate.
  • For any documents in a language other than English, provide a certified English translation

For adults (age 19 and older, or younger if you have custody of a child), follow the following steps:

  1. Either apply online or complete a physical application form
  2. Provide a photocopy of a valid photo ID
  3. Provide any previously issued change of name certificates
  4. Have your fingerprints taken by an official service (the fee will vary depending on where you have them done), and submit a photocopy of the fingerprinting receipt
  5. Sign the statutory declaration in front of someone who is authorized, such as a notary public, a lawyer, or someone appointed by the Attorney General
  6. Provide any copies of your original birth certificate
  7. Submit the completed application to Vital Statistics

For youth (age 18 and under), follow the following steps:

  1. Have a parent either apply online or complete a physical application form
  2. Provide a photocopy of photo ID for all parents/guardians on your birth certificate, or get a court to approve waiving this requirement for one parent/guardian
  3. If you are 12 or older, write a signed letter about why you want to change your name (optional)
  4. If you are 12 or older, sign a consent form
  5. Sign the statutory declaration in front of someone who is authorized, such as a notary public, a lawyer, or someone appointed by the Attorney General
  6. Provide any copies of your original birth certificate
  7. Submit the completed application to Vital Statistics

Source: British Columbia Vital Statistics Agency – Legal Change of Name Application

Alberta Information

Gender Marker

You will need to submit different documents to change your gender marker depending on your age. The fee for this change is $20. 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 change your gender marker to F, M, or X.   

For all ages, you must meet the following requirements:  

  • Return any original birth certificates to be destroyed   

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

  1. Complete the request to amend a vital statistics registration form   
  2. Sign the affidavit form before a Notary Public or Commissioner of Oaths   
  3. Submit your application by mail to Vital Statistics, or hire a registry agent to complete the application for you   

For youth (age 17 or younger), follow the following steps:  

  1. Have your parent/guardian provide proof that they are your legal parent/guardian 
  2. Complete the request to amend a vital statistics registration form     
  3. Sign the affidavit form before a Notary Public or Commissioner of Oaths   
  4. Provide consent form(s) filled out by all legal parents/guardians, and have the form(s) witnessed 
  5. Fill a consent form providing your consent and have it witnessed  
  6. If you are under the age of 12, get a statement from a professional supporting the application 
  7. Submit your application by mail to Vital Statistics, or hire a registry agent to complete the application for you   

For more information, please follow this step-by-step gender marker change guide  

Driver’s License or Identification Card 

To be eligible to change the gender marker on a Driver’s License or Identification Card, you must be: 

  • At least 18 years of age; OR 
  • Less than 18 years of age, but married or an adult interdependent partner; OR 
  • Less than 18 years of age, and providing both parents’ or legal guardians’ consent; OR 
  • Less than 18 years of age, and there is a court order dispensing with both parents’ or guardians’ legal consent. 

There are three ways to change your gender marker on your Driver’s License or Identification Card. You must submit either: 

  • An amended birth certificate; OR 
  • An amended record of birth; OR 
  • An affidavit and a letter from a regulated medical professional. 

For more information on how to submit an application, you must contact an Alberta Registry Agent Office. Affidavit and Consent forms may be found here. 

Additional information about changing your name or gender marker on an ID in Alberta can be found in this pdf guide, courtesy of Skipping Stone. 

Sources: Alberta Vital Statistics Act, Alberta Vital Statistics Information Regulation, Service Alberta – Change Sex Information, Alberta Government Announcement; Alberta Vital Statistics Act; O.C. 41/2015.

Human Rights

Gender is protected under the Alberta Human Rights Act. The Act defines gender identity as including “those who identify as male, female, and/or transgender.” The Act also has explicit protections on the basis of gender identity and gender expression, which are defined by the Alberta Human Rights Commission here. The Alberta Bill of Rights also has explicit protection for gender identity and gender expression. The Bill of Rights applies to how the provincial government can act, while the Human Rights Act applies to situations such as landlord, employer, or business discrimination. More details about these differences can be found here.  

If you have been discriminated against due to your gender identity or gender expression in a way that is protected under the Alberta Human Rights Act, you can file a human rights complaint through the Alberta Human Rights Commission.  

Source: Notice of Changes to Alberta’s Human Rights Legislation; Alberta Bill of Rights, Alberta Human Rights Act, Alberta Human Rights Commission; Bills of Rights in Canada. 

For all ages, you must meet the following requirements:  

  • Return any original birth certificates to be destroyed   

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

  1. Complete the request to amend a vital statistics registration form   
  2. Sign the affidavit form before a Notary Public or Commissioner of Oaths   
  3. Submit your application by mail to Vital Statistics, or hire a registry agent to complete the application for you   

For youth (age 17 or younger), follow the following steps:  

  1. Have your parent/guardian provide proof that they are your legal parent/guardian 
  2. Complete the request to amend a vital statistics registration form     
  3. Sign the affidavit form before a Notary Public or Commissioner of Oaths   
  4. Provide consent form(s) filled out by all legal parents/guardians, and have the form(s) witnessed 
  5. Fill a consent form providing your consent and have it witnessed  
  6. If you are under the age of 12, get a statement from a professional supporting the application 
  7. Submit your application by mail to Vital Statistics, or hire a registry agent to complete the application for you   

For more information, please follow this step-by-step gender marker change guide  

Driver’s License or Identification Card 

To be eligible to change the gender marker on a Driver’s License or Identification Card, you must be: 

  • At least 18 years of age; OR 
  • Less than 18 years of age, but married or an adult interdependent partner; OR 
  • Less than 18 years of age, and providing both parents’ or legal guardians’ consent; OR 
  • Less than 18 years of age, and there is a court order dispensing with both parents’ or guardians’ legal consent. 

There are three ways to change your gender marker on your Driver’s License or Identification Card. You must submit either: 

  • An amended birth certificate; OR 
  • An amended record of birth; OR 
  • An affidavit and a letter from a regulated medical professional. 

For more information on how to submit an application, you must contact an Alberta Registry Agent Office. Affidavit and Consent forms may be found here. 

Additional information about changing your name or gender marker on an ID in Alberta can be found in this pdf guide, courtesy of Skipping Stone. 

Sources: Alberta Vital Statistics Act, Alberta Vital Statistics Information Regulation, Service Alberta – Change Sex Information, Alberta Government Announcement; Alberta Vital Statistics Act; O.C. 41/2015.

Name Change

Only adults 18 or older, or who are married, widowed, divorced, living in an adult interdependent relationship, or the parent/guardian of a child can change their name in Alberta. The fee for this change is $120, plus any service fees for registry agents, fingerprinting fees, and criminal record check fees.   

You must meet the following requirements:  

  • Be a resident of the province and remain one throughout the process    
  • Be able to provide valid ID   

Follow the following steps:  

  1. Go to a registry agent office to obtain and complete a change of name form   
  2. Provide all required supporting documents    
  3. Return all Canadian birth and marriage certificates  
  4. Have your fingerprints taken  
  5. You may be required to get a criminal record check, which you will need to pay for 
  6. Take the completed forms and documentation to the registry agent office   

Additional information about changing your name or gender marker on an ID in Alberta (including registry and fingerprint locations) can be found in this pdf guide, courtesy of Skipping Stone.

Valid ID requirements 

Find a registry agent office 

Alberta fingerprinting agencies 

Source: Service Alberta – Changing A Name.

Saskatchewan Information

Gender Marker

You will need to submit different documents to change your gender marker depending on where you were born and where you currently live. The fee for this change is $20, plus a fee of $35-$40 to receive a new birth certificate. 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 change your gender marker to F, M, or X, or remove your gender marker.    

Follow the following steps:  

  1. Complete the appropriate form, depending on where you were born and where you currently live  
  2. Complete a statutory declaration   
  3. Return any previously issued birth certificates    
  4. Provide a letter from a physician or psychologist, who is lawfully allowed to practice within Canada, which states: 
    1. Your name and date of birth; 
    2. The name, address, telephone number, and other contact information for the physician or psychologist; 
    3. That the physician or psychologist is a practicing member in good standing in a Canadian jurisdiction and includes their license number; 
    4. That the physician or psychologist has treated or evaluated you; 
    5. That in the physician’s or psychologist’s opinion, you identify with and maintain the gender identity that corresponds with the requested amendment; and 
    6. That the physician or psychologist is of the opinion that the change of sex designation on the birth registration is appropriate.     
  5. If you are under 18, this letter must also state that in their opinion, you have the capacity to make healthcare decisions 
  6. Submit your application and supporting documents to eHealth Saskatchewan 

To request a birth certificate without a gender marker, fill out the application a for birth certificate form and check the appropriate box.  

Sources: eHealth Saskatchewan – Change Sex Designation; Saskatchewan Human Rights Commission – Saskatchewan Court allows removal of gender from birth certificates; Saskatchewan – Sex Designation Removal

Human Rights

Gender identity is protected under the Saskatchewan Human Rights Code. This also includes gender expression.  The Saskatchewan Human Rights Commission defines gender identity as “an individual’s internal and inherent sense and/or experience of gender” and gender expression as “the external representation of one’s gender identity.”  You can find a clear overview of what is protected and how you must be accommodated on the Commission’s website.   

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. Note that you need to file this complaint within one year of the event. 

Source:  Saskatchewan Human Rights Code; Saskatchewan Human Rights Commission – Human Rights of Transgender People; Saskatchewan Human Rights Commission.

Name Change

The fee to change your name in Saskatchewan is about $135.   

For all ages, follow the following steps:  

  1. Contact eHealth Saskatchewan at 1-800-667-7551 to have them mail you a Name Change Eligibility Form   
  2. Fill out the Eligibility Form and return it. If you are eligible you will be sent a Legal Name Change Form   
  3. Fill out the Legal Name Change Form  
  4. Have the form signed by a Notary or a Commissioner of Oaths 
  5. Submit the completed form back to eHealth Saskatchewan   

 To change your name on a driver’s license take your new Birth Certificate or Name Change Declaration to any license issuer. They will take a new picture and request a new card. There is a $15 fee for this change.  

Sources: TransSask Name Change Guide 

Manitoba Information

Gender Marker

The fee to change your gender marker in Manitoba is $60, which includes a new birth certificate. 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 change your gender marker to F, M, or X.   

You must meet the following requirements:  

  • Have been born in Manitoba, regardless of how long you have lived there 
  • Return all previously issued birth certificates 

Note that if you were not born in Manitoba, you can still apply for a change of sex designation certificate, just not for a birth certificate change.  

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

  1. Complete the application for a change of sex designation form  
  2. Provide a government issued photo ID (a list of acceptable forms of ID can be found here). If you plan to apply in person, bring your original ID with you. If you plan to apply by mail, have the ID confirmed or notarized by your witness  
  3. Write a statutory declaration (a statement confirming your gender identity), and have it witnessed by one of the people on this list 
  4. Get a letter from a healthcare professional (medical practitioner, nurse practitioner, psychologist, or psychological associate) 
  5. Complete the application for a Manitoba Birth Document 

For minors (age 17 or under), follow the same steps as adults but also ensure that your supporting health care professional indicates that you have the capacity to make health decisions.   

You can also change your gender marker on your driver’s license to M, F, or X, or remove it completely at no cost and with no additional supporting documents. To learn more, click here.  

Sources: Manitoba Vital Statistics Agency – Change of Sex Designation; Manitoba – Manitoba Public Isurance – Gender Marker Change; CBC News

Human Rights

Gender identity is protected under the Manitoba Human Rights Code. This is interpreted to also include gender expression. The Code defines gender identity as “a person’s internal, individual experience of gender” and gender expression as “the way in which an individual presents and communicates gender.”   

The province has a document that outlines guidelines for the protection of gender identity. 

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 human rights complaint through the Manitoba Human Rights Commission.  

Source: Manitoba Human Rights Code; Manitoba Human Rights Commission

Name Change

You will need to submit different documents to change your name depending on your age. The fee for this change is $120.07, but may change depending on where you get your fingerprints taken.   

For all ages, you must meet the following requirements:  

  • Have lived in Manitoba for at least three continuous months before applying  

For adults (age 18 or older, or under if you are married, in a common-law relationship, or have custody of a child), follow the following steps:  

  1. Fill out the application for a name change   
  2. Send the application with all supporting documents (outlined in the application) to Vital Statistics by registered mail or by scheduling an appointment   
  3. Wait for Vital Statistics to send you a Legal Change of Name and Fingerprinting Information Sheet 
  4. Once you have the sheet, contact an authorized fingerprinting agency to make an appointment to have your fingerprints taken    
  5. Bring the sheet with you to the agency along with the required fees for that agency (changes depending on where you have your fingerprints taken), and undergo the fingerprinting  
  6. Once approved Vital Statistics will process the change and mail you a change of name certificate  

For youth (age 17 or under), follow the following steps:  

  1. Have a parent/guardian fill out the change of name application form   
  2. As part of the application form, notify and get consent from all other parents/guardians    
  3. As part of the application form, fill out your own written consent to the change if you are 12 or older 
  4. As part of the application, get the necessary sections notarized by someone authorized to do so (this can include a lawyer, notary public, etc.) 
  5. Submit the application and supporting documents to Vital Statistics   

Sources: The Change of Name Act; Manitoba Vital Statistics Agency – Legal Change of Name.

Ontario Information

Arrest/Detention

If you are arrested, you have the following rights as per the “Policy for the Admission, Classification, and Placement of Trans Inmates” passed in response to a 2012 amendment that added gender identity and gender expression to the Ontario Human Rights Code:   

  1. Staff must be sensitive during searches, including providing explanations and allowing you to ask questions  
  2. The right to choose the gender of the person searching you, including having someone of different genders search different parts of your body  
  3. The right to be searched in a private space, including searches of prosthetics 
  4. Any conversations about your gender identity or expression should take place in private  
  5. The right not to have information about your gender identity or expression shared with anyone to whom it is irrelevant or who is not directly involved with you 
  6. The right to consultation about your care, to ensure that your needs are assessed and accommodated on an individualized basis 
  7. Self-identification as a primary tool of classification, regardless of what legal documents say in regard to your gender/sex 
  8. The right to be referred to by your correct name and pronouns, both in written and verbal communication, except in rare situations where it is necessary to refer to you by birth name or pronouns 
  9. The right not to have previous admissions used to make assumptions about your gender identity or expression, or housing wishes  
  10. The right to be placed in an institution that reflects your gender identity or housing preference, to be consulted in this decision, and to be informed as to why you are being placed in a certain institution 
  11. The right to be integrated, not isolated, from the general community. If the prison decides that they must isolate you, they need to provide programming and social opportunities as often as possible 
  12. The right to keep personal items, including prosthetics, that are necessary for your gender expression while imprisoned and while being transferred 
  13. The right to be given your preferred clothing and underclothing while imprisoned, for court appearances, and upon release 
  14. The right to individual and private access to showers and toilets  

To file a complaint if these rights have been violated, you can contact the Client Conflict Resolution Unit (CCRU). The CCRU can be contacted via telephone at: 0-866-535- 0019 from Monday to Friday between 9:00 a.m. and 4:00 p.m. 

If you wish to file a written complaint, you may write to the CCRU at the following address: 

Client Conflict Resolution Unit at Ministry of Community Safety and Correctional Services 

25 Grosvenor Street, 16th Floor 

Toronto, ON M7A 1Y6 

Sources: Toby’s Act, S.O. 2012 C.7; Human Rights Code, R.S.O. 1990, C.H. 19; Ministry of Community Safety & Correctional Services, “Corrections – Trans Inmate Policy”; Ontario – Corrections Client Conflict Resolution Unit

Children's Rights

Bill 89, the Child, Youth and Family Services Act, passed in 2017, and made several changes to children’s rights that impact Two Spirit, trans, and gender non-conforming children. These include: 

  1. Implementing protections for children on the basis of gender identity and gender expression 
  2. Changing what should be taken into consideration when making decisions in the best interests of a child so that parents can direct a child’s education and religious upbringing, but that must be done in accordance with the child’s own beliefs, not just with the beliefs of the parents  

Sources: Child, Youth and Family Services Act, 2017; Ontario Ministry of Children and Youth Services – Announcement.

Employment

Employers violate the Ontario Human Rights Code when they: 

  1. Directly or indirectly infringe on the Code, regardless of intention 
  2. Authorize, condone, adopt, or ratify behaviour that is against the Code 
  3. Constructively discriminate 

This means that employers are also liable if one of their employees is discriminatory within the workplace, even if they actively discouraged it. They could also be liable for instances away from the physical workplace, but which have implications or repercussions in the workplace. The Human Rights Tribunal does take into account proactive steps employers have taken to prevent discrimination.  

Unions are also required to treat members equally and to take steps to prevent and address discrimination against union members. If they do not do so, that does not make the employer less liable for doing so. Regardless of if protections for human rights are explicitly included in collective agreements, the Human Rights Code is still incorporated into every agreement.  

Unions and employers share responsibility to provide reasonable accommodation. This means that: 

  1. When making a rule in a collective agreement, unions and employers must make sure the rule does not discriminate  
  2. Unions share the obligation to address the source of any discriminatory effects 
  3. Unions must support an employer as they try to comply with the Human Rights Code 
  4. Unions need to consider a duty to accommodate when representing members  
  5. Significant interference with the rights of others may justify a union’s refusal to agree to an accommodation measure  
  6. Employers and collective agreements cannot contract out of the provisions of the Ontario Human Rights Code (i.e. include a clause in a contract that goes against a section of the Code) 

It is discriminatory for employees to need to join a union group based on gender or any other Human Rights Code ground.  

If you are experiencing or have experienced sexual harassment or assault at work, including harassment based on sexual orientation, gender identity, or gender expression, you can access free legal advice from the Sexual Harassment and Assault Resource Exchange.

Family Law

The 2016 All Families Are Equal Act provided new protections for 2SLGBTQ+ families. These include: 

  1. A clearer process by which the parents of a children are defined, which includes families using assisted reproduction techniques  
  2. This allows two or more people who previously agreed in writing to be parents of a child together to be that child’s legal parents upon their birth   
  3. This also allows parents through surrogacy to register when the child is born 
  4. Removing any differences in legal rights based on if someone is considered a “mother” or a “father” legally 
  5. Allowing parents to register as a parent instead of as a mother or father of a child 
  6. Parents can choose not to display a sex designation on their child’s birth certificate  

Case law has determined that a parent being Two Spirit, trans, non-binary, or gender non-conforming, or the gender identity of a parent more broadly, is not relevant in custody matters. Courts are meant to base custody determination only on the ability and willingness of a parent filing for custody to provide a safe, caring, secure, and stable home for the child. 

Sources: Children’s Law Reform Act; CLEO – “Separation and Divorce”; Forrester v Salida, [2000] WDFL 714 at para 19, 99 ACWS (3d) 99 (Ont Ct J); Boyce v Boyce, 131 ACWS (3d) 272 at para 26, [2004] OJ No 2251 (Ont Sup Ct); Joanna Radbord, “Same-Sex Parents and the Law” (2013) 33 Windsor Rev Legal & Soc Issues 1 at 14. All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016, S.O. 2016, c. 23 – Bill 28; 

Gender Marker

You will need to submit different documents to change your gender marker depending on your age. The fee for this change will be waived until October 31, 2022, but a fee of $25-35 to receive a new birth certificate still applies. 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 change your gender marker to F, M, or X.   

For all ages, you must meet the following requirements:  

  1. Your birth must have been registered in Ontario   
  2. Return all previously issued birth certificates    

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

  1. Complete the application form   
  2. Complete the statutory declaration form, and sign it before a commissioner for taking affidavits (such as a lawyer, notary, or MPP) 
  3. Get a letter from a practicing physician or psychologist supporting your application 
  4. Complete an application for a birth certificate    
  5. Submit your application to Service Ontario  

If you are 16 or 17, you can apply as an adult or as a child.  

For youth (age 15 or under), follow the following steps:  

  1. Complete the application form  
  2. Have someone with custody of you complete the statutory declaration,  and sign it before a commissioner for taking affidavits (such as a lawyer, notary, or MPP) 
  3. Complete a consent form 
  4. Have any other people with custody of you complete consent forms  
  5. Give every adult with access to you (regardless of if they have custody) who has not filled out a consent form with notice of the change, and keep proof of notice 
  6. Get a letter from a practicing physician or psychologist supporting your application 
  7. Complete an application for a birth certificate  

Health Cards 

As of June 13, 2016, the Ontario government is now issuing health cards that do not have a sex marker indicated. These health cards are still considered a valid form of identification, with one exception: passports. Health cards that do not indicate the applicant’s sex cannot be used as a form of identification for passport applications or renewals. 

There is no fee to get a new health card. 

Driver’s Licenses 

As of May 1, 2017, the Ontario government began issuing driver’s licenses that have an ‘X’ option for gender. Gender identity is therefore the default information that is collected, used, retained, and displayed on government forms and IDs. Sex designation is only collected and used when it is required to deliver, monitor or improve the product or service. 

If you wish to change your gender marker on your driver’s license to ‘X’, you must visit a Service Ontario centre; no supporting documents are required. For further information, click here. 

If you wish to change your gender marker from ‘F’ to ‘M’ or ‘M’ to ‘F’, supporting documentation is still required, in either the form of a letter(s) from a doctor/surgeon/psychologist registered in Ontario or documents from a recognized specialist related to surgeries undergone. That said, surgery is not required to change your gender marker, documents from a physician who did your surgery simply is support for the change. 

For more information, click here. 

Sources: Service Ontario – Changing Sex Designation on Your Government IDs, Service Ontario – Changing Your Sex Designation on Your Birth Registration and Birth Certificate, Service Ontario – Gender on Health Cards and Driver’s Licenses

Housing

Gender identity is specifically listed as a prohibited ground of discrimination in accommodation, including in rental housing, in the Ontario Human Rights Code. This entitles you to equal treatment and to be free from harassment or discrimination by a landlord, an agent of a landlord, or other tenants. You also have the right to be free from harassment or discrimination based on the gender identity of other people you associate with (for instance, if a trans partner moves in with you). The only exceptions to this rule are if the entire housing is restricted to one gender or if you share a kitchen or washroom with the owner or owner’s family.  

The Ontario Human Rights Commission defines discrimination as “negative treatment or impact” based on gender identity, regardless of intention. It does not have to be direct or obvious, and can include any situation where you were put at a disadvantage because of your gender identity.  

Harassment is also a form of discrimination, and it includes comments or behaviour that should be known to be unwelcome. A single comment can be considered discrimination or harassment depending on what was said. This definition is broad, and can cover many situations. The key factor is if you were negatively affected, regardless of intention.  

As a tenant, you also have rights to be protected against illegal rent increases, evictions, or other unjustified actions by your landlord. Eviction is limited to certain specific causes, and rent increases must fit within the annual percentage change in the Consumer Price Index for Ontario.  

Some of these areas are covered under the Human Rights Code, and others under the Residential Tenancies Act. Because of that, some cases should go to the Human Rights Tribunal and others to the Landlord and Tenant Board.  

In many cases you could bring your claim of discrimination to either the Landlord and Tenant Board or the Human Rights Tribunal, depending on the desired result. Generally, the Landlord and Tenant Board will deal with matters that directly relate to landlord-tenant relationships, for example, a bad faith eviction. Where a landlord fails to uphold their legal responsibilities to the tenant, you can file a claim against them at the Landlord and Tenant Board to either delay, stop or be compensated for the wrongdoing of the landlord. The Human Rights Code applies as well; it is simply a different process with different tests and results. 

If you decide to make a complaint, you must do so within one year of the latest incident. You are responsible to prove that you experienced discrimination if you file a complaint with the Human Rights Tribunal.

Human Rights
Gender identity and gender expression are protected under the Ontario Human Rights Code. The Code defines gender identity as each person’s internal and individual experience of gender and gender expression as how a person publicly presents their gender. More information can be found here.  

This gives you certain rights in many areas of life, including housing and employment (covered in other sections on this page). 

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 Ontario Human Rights Tribunal.  The Human Rights Legal Support Centre offers free legal advice and representation to anyone in Ontario, regardless of age, income, or immigration status, who has experienced a human rights violation.

If you file a complaint, you will have to prove discrimination by showing a link between what you experienced and one of the prohibited grounds of discrimination (ie your gender identity or gender expression). If your gender is only part of the reason for negative treatment, this is still enough to prove discrimination. Ask yourself these questions to help figure out if you can prove discrimination: 

  1. Do you have personal characteristics listed as a prohibited grounds of discrimination?  
  2. Were you treated differently than others? 
  3. If you were treated the same as others, did this put you in a different position or have a different impact on you?  
  4. Did this have a negative impact on you or put you at a disadvantage?  
  5. Is there evidence to show a link between the treatment and the impact you experienced?  

In a hearing, both parties will provide relevant evidence to prove facts. This evidence can include oral (what is said under oath, or as testimony) and documentary evidence (written records, photographs, electronic records, and physical evidence).

Name Change

You will need to submit different documents to change your name depending on your age. The fee for this change is $137. 

For all ages, you must meet the following requirements:  

  1. Have lived in Ontario for at least one year before applying    

For adults (age 16 or older), follow the following steps:  

  1. Complete the application form
  2. If you are 16 or 17, get consent from anyone who has legal custody over you. If you are 16 or 17 you can also apply through the child application form 
  3. Have the application signed by a guarantor 
  4. Submit the completed form and all required documents to Service Ontario   

For youth (age 15 or under), follow the following steps:  

  1. Have a parent/guardian complete the application form   
  2. Get written consent from all people who have custody of you, or a copy of a court order saying you do not need consent    
  3. Give notice to anyone who legally has access to the child (this procedure is outlined in the application form) 
  4. Have the application signed by a guarantor 
  5. Submit the completed form and all required documents to Service Ontario     

Note that all name changes in Ontario are published in the Ontario Gazette, which can be searched online. Any Two Spirit, trans, non-binary or gender non-conforming people who do not want their name change published can submit a request form for non-publication.  

Sources: Service Ontario – Change Name

Québec Information

Family

As of June 17, 2022, you will be able to change your identifier as “mother” “father” or “parent on your child’s birth certificate to match your gender identity. If you want to change your title as a parent to “mother” or “father,” that new title must correspond to the gender marker listed on your birth certificate. You can choose to be listed as “parent” regardless of the gender marker on your birth certificate.  

You will have to notify your child of this change if they are over the age of 14, and they will have 20 days to object to a change to “mother” or “father” (they cannot object to a change to “parent”). If they object, the designation “parent” will be used. The paperwork to do this has not yet been released. If your child is under 14, they will still have to be informed of the change by a parent or guardian, but they cannot object to the change. 

Also as of June 17, 2022, the designation of sex on a child’s birth certificate does not depend on that child undergoing medical treatment or surgery. That means that an intersex child does not legally have to undergo any forced surgery before having a gender marker written on their birth certificate.

Gender Marker

You will need to submit different documents to change your gender marker depending on your age.  This change is free as of June 17, 2022 if it is your first time changing your gender marker, or if you have previously changed your gender market to M or F and now wish to change it to X. Otherwise, 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. As of June 17, 2022, you can change your gender marker to F, M, or X. 

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. Note that if you are now changing your gender marker to X after having previously changed it to F or M before Quebec had an X option, this requirement has been waved.
  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.

This resulted in the adoption of Bill 2, which makes numerous changes to the process of changing one’s gender marker. Most of these changes will come into effect on June 17th, 2022. Initial drafts of this Bill proposed numerous changes that would have been immensely harmful to 2STNBGN communities. Significant community activism has resulted in those changes being removed from the Bill. The decision was appealed on the issues of needing a health or social work professional to provide an attestation in order to change your gender on your birth certificate, and of having trans minor’s parents being notified of their child’s name change and having the ability to object to it, even if the change is related to gender identity. 

Forms, requirements and processes may change to reflect the legislative amendments between now and June 17, 2022. 

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 people applying for a gender marker change for the first time (or those applying for a second change to X after previously changing to M or F before the new legislation took effect) to change their gender marker for free.
  • 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 Article; Quebec – Attorney General Notice; Centre 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 Freedoms; Commission 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 Québec; Civil Code of Quebec

New Brunswick Information

Gender Markers

You will need to submit different documents to change your gender marker depending on your age. There is no fee for this change, and 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 change your gender marker to F, M, or X.   

For all ages, you must meet the following requirements:  

  • Any documents not in French or English must be sent with a certified translation  
  • Have been born or currently live (or live with a parent if you are 15 or under) in New Brunswick    

For adults (age 16 or older), follow the following steps:  

  1. Complete the change of sex designation form 
  2. Write a statement confirming your gender identity 
  3. Provide a statement from a health professional (either a physician, psychologist, purse practitioner, registered nurse, or social worker) confirming your gender identity 
  4. Submit these documents, along with all previous birth certificates by mail or in person, to Vital Statistics 

For youth (age 15 or younger), follow the following steps:  

  1. Have your parent complete the change of sex designation form 
  2. Get written consent from anyone who has care or custody of you. If you cannot get this consent, get proof that you have notified any other parent or guardian of their right to object to the change, or apply in court to have the consent requirement removed 
  3. If you are 12 or older, write and have witnessed a statement confirming your gender identity 
  4. Provide a statement from a physician or a psychologist stating that they have evaluated you and that you are able to make an informed decision about changing your gender identity  
  5. Submit these documents, along with all previous birth certificates by mail or in person, to Vital Statistics 

Sources: Service New Brunswick Sex Designation Change

Human Rights
Gender identity and gender expression are protected under the Human Rights Act of New Brunswick. It is not enough for employers, landlords, and others governed by the Act to “treat everyone equally”. The Act also says that accommodations should be made, as much as reasonably possible, where required for individuals, so that they are not discriminated against. 

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 using a form from the New Brunswick Human Rights Commission. Note that you will need to file a complaint within one year of the incident, unless you have an extension given by the Commission.  

Source: Human Rights Act of New Brunswick; New Brunswick Human Rights Commission; Guideline on Gender Identity or Expression; Bill 51 – An Act to Amend the Human Rights Act.

Name Change

You will need to submit different documents to change your name depending on your age. The fee for this change is $115 to $175 depending on the documents you need.   

For all ages, you must meet the following requirements:  

  • Have been a resident of New Brunswick for at least three months, or live with a parent/guardian who has been a resident of New Brunswick for at least three months if you are under 16 
  • If you were born in Canada, you must submit your original birth certificate(s), including a long form birth certificate if you are requesting a change to your last name and were born in New Brunswick, and original documents if your name has already been changed.   
  • If you are a Canadian citizen born outside of Canada, you must submit a photocopy of both sides of your Canadian Citizenship card, a photocopy of your original birth certificate or of your certified copy of birth registration, and a photocopy of your current passport.    
  • If you are a landed immigrant or permanent resident, you must submit a photocopy of your Canadian Record of Immigration Landing or a Confirmation of Permanent Resident document, a photocopy of both sides of your Permanent Resident card, a photocopy of your original birth certificate or of a certified copy of birth registration, and a photocopy of your current passport.   

For adults (age 16 or older), follow the following steps:  

  1. Complete a change of name form   
  2. Compile the necessary documents depending on where you were born 
  3. Submit your application to Service New Brunswick   

For youth (age 15 or under), follow the following steps:  

  1. Complete a change of name form   
  2. Compile the necessary documents depending on where you were born   
  3. Submit your application to Service New Brunswick     

Source: Service New Brunswick – Change of Name. 

Nova Scotia Information

Gender Marker

You will need to submit different documents to change your gender marker depending on your age. There is no fee for this change, and 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 change your gender marker to F, M, or X.   

For all ages, you must meet the following requirements:  

  • You must have either been born in Nova Scotia or have been resident in the province for the three months before you submitted the application 
  • If you were born outside of Canada, you must also submit your immigration documents alongside your proof of residency (such as a driver’s license, health card, or lease) 
  • If you were born in Canada but outside of Nova Scotia, you need to also submit your birth certificate along with proof of residency (such as a driver’s license, health card, or lease). 
  • If you were born in Nova Scotia, you just need to submit your birth certificate.  

For adults (age 16 or older), follow the following steps:  

  1. Fill out the change of sex indicator application form, found here.   
  2. Find the required proof of residency documents, depending on where you were born  
  3. Submit these documents to Vital Statistics in person or by mail 

For youth (age 15 or younger), follow the following steps:  

  1. Have your parent or guardian fill out this form  
  2. To fill out the form, find a doctor or psychologist to fill out the “written statement from a professional” section 
  3. Also to fill out the form, get consent from all other parent(s) or guardian(s)    
  4. Find the required proof of residency documents, depending on where you were born  
  5. Submit these documents to Vital Statistics in person or by mail 

Additional info can be found here.  

As of February 11, 2019, all Nova Scotia residents can opt to remove the sex designation/gender marker from their Nova Scotia health cards. This will not remove or change what is already in the system, but will remove the indicator from the front of the card. 

This service is available free of charge. 

If you would like to request the removal of your sex designation from your health card, call MSI Registration and Inquiry at 902-496-7008 or 1-800-563-8880 (toll free in Nova Scotia).  

Sources: Nova Scotia Vital Statistics Act; Nova Scotia Vital Statistics – Change of Name or Change of Sex Indicator Application Form; New Gender Identity Option for Birth Certificates; Nova Scotia MSI – Health Cards.

Human Rights

Gender identity and gender expression are protected under the Nova Scotia Human Rights Act. This applies to employment, housing/accommodation, services (such as stores, restaurants, and programs funded by the province), purchase or sale of property, volunteer public service, publication, broadcast/advertisement, and membership in any workplace organization.  The Nova Scotia Human Rights Commission defines gender identity as “internal sense of being male or female which can be partially or fully opposed to physical anatomy and gender roles assigned at birth,” and gender expression as “the external behaviours and characteristics (ie, dress, mannerisms, social interactions, speech patterns, etc) that a person displays in order to indicate their gender identity through behaviour, clothing, hairstyle, voice, and emphasizing, de-emphasizing, or changing your physical characteristics.”   

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 through the Nova Scotia Human Rights Commission.

Name Change

You will need to submit different documents to change your name depending on your age. The fee for this change is $164.70.   

For all ages, you must meet the following requirements:  

  • Have been born in Nova Scotia or resided in Nova Scotia for at least three months before applying  
  • Submit all previously issued original birth certificates   

For adults (age 16 or older), follow the following steps:  

  1. Complete an application form   
  2. Have your fingerprints taken and submitted 
  3. If born outside of Canada, submit your immigration documents (record of landing) 
  4. Submit your application to Vital Statistics  

For youth (age 15 or under), follow the following steps:  

  1. Have a parent or guardian complete an application form   
  2. Provide consent from any other parents or guardians, or get a court order saying that you do not need their consent   
  3. If you were born outside Nova Scotia, submit a detailed birth certificate that contains parental information 
  4. If you are 12 or older, have your fingerprints taken and submitted  
  5. Submit your application to Vital Statistics   

Sources: Nova Scotia Vital Statistics – Change of Name; Service Nova Scotia – Change of Name.

School Registry

On March 8, 2019, it was reported that students in grade school would have the option to begin using ‘X’ as their gender marker in the near future. Students through pre-primary to grade six will need parental consent while those in grades seven through 12 will not require parental consent. 

Where there is a conflict between the parent and child, the “schools will make the decision that causes the least amount of harm to the child/youth.” 

Sources: Nova Scotia Education and Early Childhood Development; CBC News.

Prince Edward Island Information

Gender Marker

You will need to submit different documents to change your gender marker depending on your age. The fee for this change is $25, plus a fee of $25-35 to receive a new birth certificate. 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 change your gender marker to F, M, or X.   

For all ages, you must meet the following requirements:  

  • Have been born in PEI and resided in PEI for at least three months before applying 

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

  1. Complete the form, found here 
  2. Write a statement confirming your gender identity (found on the form), signed in front of a Commissioner of Oaths or Notary Public (can be done at a Vital Statistics Office) 
  3. Provide a statement from a medical practitioner confirming your gender identity, found here or on the application form 
  4. Make a copy of your government issued photo ID 
  5. Make a copy of your provincial health card 
  6. Make a copy of your birth certificate(s) 
  7. Send all these documents to Vital Statistics along with the fee 

For youth (age 17 or under), follow the following steps:  

  1. Have your parent or legal guardian complete for form, found here 
  2. Provide written consent from any other parent or guardian(s)  
  3. If you are over the age of 12, write your consent to this application 
  4. Have your parent or guardian write a statement confirming your gender identity (information on how to do so can be found here) 
  5. Provide a statement from a medical practitioner confirming your gender identity, found here or on the application form 
  6. Make a copy of your and your parent or guardian’s government issued photo ID 
  7. Make a copy of your provincial health card 
  8. Make a copy of your birth certificate(s) 
  9. Submit these documents to Vital Statistics along with the fee  

Sources:   

PEI Justice and Public Safety – Change Of Sex Designation

Human Rights
Gender identity and gender expression are protected under the Human Rights Act.  

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 to the PEI Human Rights Commission.  

Source:  Prince Edward Island Human Rights Act; Prince Edward Island Human Rights Commission; PEI Human Rights Commission – Grounds of Discrimination Protected.

Name Change

You will need to submit different documents to change your name depending on your age. The fee for this change is $185. 

For all ages, you must meet the following requirements:  

  • Have been residing in PEI for at least three months before applying   

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

  1. Complete an application form   
  2. Provide proof of PEI residency    
  3. Provide all previously issued birth certificates, marriage certificates, and change-of-name certificates from another province, territory, state, or country   
  4. Submit your documents to the Vital Statistics Office 

For youth (age 17 or under), follow the following steps:  

  1. Have a parent or guardian fill out an application form   
  2. Provide proof of custody and proof of your parent/guardian’s relationship with you   
  3. Provide the written consent of all other parents or guardians   
  4. If you were born outside of PEI, provide a detailed birth certificate that has your parent/guardian’s information  
  5. Provide proof of PEI residency 
  6. Provide all previously issued birth certificates, marriage certificates, and change-of-name certificates from another province, territory, state, or country   
  7. Submit your application to the Vital Statistics Office 

It may take up to three months to receive your change of name certificate. All registered name changes are published in the Royal Gazette, provided to the RCMP and other police services, and provided to other authorities as needed.  


Source:  PEI Justice and Public Safety – Change Your Name Legally

Newfoundland and Labrador Information

Gender Marker

You will need to submit different documents to change your gender marker depending on your age. There is no fee for this change, but there is a fee of $30-35 to receive a new birth certificate. 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 change your gender marker to F, M, or X.   

For all ages, you must meet the following requirements:  

  • Be born in Newfoundland and Labrador 
  • Return all previous birth certificates along with your application 

For adults (age 16 or older), follow the following steps:  

  1. Complete the change of sex designation form 
  2. Write a statement confirming your gender identity  
  3. Submit these documents by mail, in person, or online to Vital Statistics 

For youth (age 15 or younger), follow the following steps:  

  1. Have a parent or guardian fill out the change of sex designation form   
  2. Get signed consent from any other parent(s) or guardian(s), or a Request for Waiver of Consent/Statutory Declaration.  
  3. If you are 12 or older, write a statement consenting to the change 
  4. Have a parent or guardian write a statement confirming your gender identity 
  5. Get a letter of support from a healthcare professional (they can be a physician, psychologist, nurse practitioner, registered nurse, or social worker) 
  6. If you are under 12, get a second letter from another healthcare professional 
  7. Submit these documents by mail, in person, or online to Vital Statistics 

Sources:   

Service NL – Birth, Marriage & Death; Service NL; Service NL – Changing Your Sex Designation

Human Rights
Gender identity and gender expression are protected under the Newfoundland and Labrador Human Rights Act. The Act defines gender identity as “an individual’s deeply felt internal and individual experience of gender” and gender expression as “the external attributes, behaviour, appearance, dress, etc by which people express themselves and through which others perceive that person’s gender.”   

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 Newfoundland and Labrador Human Rights Commission.  

Source:  Newfoundland & Labrador Human Rights Act; Newfoundland & Labrador Guidelines re: Gender Identity and Gender Expression; Newfoundland & Labrador Human Rights Commission.

Name Change

You will need to submit different documents to change your name depending on your age. The fee for this change is $100.   

For all ages, you must meet the following requirements:  

  • Have been a resident of Newfoundland and Labrador for a minimum of three months   
  • Submit all previously issued original birth certificates   

For adults (age 16 or older), follow the following steps:  

  1. Complete the name change application form   
  2. Submit the completed application and documents to Vital Statistics   

For youth (age 15 or under), follow the following steps:  

  1. Complete the name change application form   
  2. Provide proof of consent from your other parent/guardian. Where that is not possible, fill out a request to waive this requirement    
  3. If you are 12 or older, give written consent to the change 
  4. Submit the completed application and documents to Vital Statistics   

Sources: Service NL – Legal Name Change

Yukon Information

Arrest/Detention

If you are arrested, you have the following rights as a Two Spirit, trans, non-binary, or gender non-conforming person:   

  • To be placed according to your gender identity or housing preference, except in the case of safety concerns that cannot be resolved 
  • To choose to be strip-searched by either a male or female staff member, or to be searched partially by a staff member of one gender and partially by a staff member of another gender (a “split search”)
Gender Marker

You will need to submit different documents to change your gender marker depending on your age. The fee for this change is $10, plus a fee of $10 to receive a new birth certificate. 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 change your gender marker to F, M, or X.   

For all ages, you must meet the following requirements:  

  • Have been born in Yukon   

For adults (age 16 or older), follow the following steps:  

  1. Complete the change of sex registration form 
  2. Submit your application in person or by mail to Vital Statistics   

For youth (age 15 or younger), follow the following steps:  

  1. Have a parent or guardian complete the change of sex registration form   
  2. Provide consent from any other parent(s) or guardian(s) who have custody    
  3. Sign the application consenting to the change of your gender market 
  4. Provide a written statement from a confirming adult (possible confirming adults listed on the form, includes a social worker, counsellor, Chief, etc.)  
  5. Submit your application in person or by mail to Vital Statistics     

Sources:   

CBC News; Yukon – Change of Sex on Birth Registration

Human Rights
Gender identity and gender expression are protected under the Human Rights Act.  

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 Yukon Human Rights Commission.  

Source: CBC News; Yukon Human Rights Act; Yukon Health and Social Services – Amendments to the Human Rights Act and Vital Statistics Act; Yukon Human Rights Commission.

Name Change
You will need to submit different documents to change your name depending on your age. The fee for this change is $50.   

For all ages, you must meet the following requirements:  

  • Ordinarily be a resident of the Yukon   
  • Be a resident of the Yukon for at least 3 months before applying  

For adults (age 19 or older, or under if you have been married, widowed, or divorced), follow the following steps:  

  1. Contact Vital Statistics to receive a name change package and fill it out   
  2. Submit the package back to Vital Statistics 

For youth (age 18 and under), follow the following steps:  

  1. Have a parent or guardian contact Vital Statistics to receive a name change package and fill it out     
  2. Submit the package back to Vital Statistics 

Source: Yukon Vital Statistics – Change of Name

Northwest Territories Information

Gender Marker
You will need to submit different documents to change your gender marker depending on your age. The fee for this change is $33, plus a fee of $22 to receive a new birth certificate. 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 change your gender marker to F, M, or X.   

For all ages, you must meet the following requirements:  

  • Have been born in the Northwest Territories    
  • Return all previously issued original birth certificates   

For adults (age 19 or over), follow the following steps:  

  1. Complete the change of sex designation form   
  2. Complete an application for certificate of birth/marriage/death   
  3. Provide a written statement from someone 19 or older who has known you for at least one year. This statement must be sworn to (or affirmed by) a Commissioner of Oaths, Justice of the Peace, or Notary Public (details on how to do so can be found here)  
  4. Submit these documents mail, fax, or email to Vital Statistics  

For youth (age 16-18) living independently of their parents, follow the following steps:  

  1. Complete the change of sex designation form    
  2. Complete an application for certificate of birth/marriage/death 
  3. Provide a written statement from someone 19 or older who has known you for at least one year. This statement must be sworn to (or affirmed by) a Commissioner of Oaths, Justice of the Peace, or Notary Public  
  4. Provide a statement from a professional (physician, psychologist, registered nurse, nurse practitioner, or registered social worker) (note: they may be outside of the Northwest Territories)  
  5. Submit these documents mail, fax, or email to Vital Statistics 

For youth age 16-18 living with their parents, or youth age 15 or younger, follow the following steps:  

  1. Have a parent complete the change of sex designation form 
  2. Have a parent complete an application for certificate of birth/marriage/death 
  3. Write a statement sworn to (or affirmed by) a Commissioner of Oaths, Justice of the Peace, or Notary Public  
  4. Provide a statement from a professional (physician, psychologist, registered nurse, nurse practitioner, or registered social worker) (note: they may be outside of the Northwest Territories)  
  5. Submit these documents by mail, fax, or email to Vital Statistics

To change your gender on your driver’s license or general ID card, you must fill out the Driver License Application form provided by the Department of Infrastructure. You may select ‘M’, ‘F’, or ‘X’ as your gender. 

For driver’s licenses, you may renew or apply online or in person. For general ID cards, you must apply in person. 

Sources: 

NWT – Changing Sex Designation; NWT “X” Gender Announcement; Department of Infrastructure – Licenses and GICs; NWT –  Gender Marker changes Driver and Vehicle Services

Human Rights

Gender identity and gender expression are protected under the Human Rights Act. The Northwest Territories Human Rights Commission does not specifically define gender identity or gender expression, but it states that gender identity “includes transgendered persons and those who identify with or live as a gender that is different from their biological sex.”   

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 Northwest Territories Human Rights Commission.  

Source:   

Northwest Territories Human Rights Act; Northwest Territories Human Rights Commission; Northwest Territories Human Rights Commission – Areas & Grounds.

Name Change

You will need to submit different documents to change your name depending on your age. The fee for this change is $134.   

For all ages, you must meet the following requirements:  

  • Submit original birth certificates    
  • If you are over 19, be a Canadian citizen, permanent resident or otherwise legally entitled to remain or live in Canada and a resident of the Northwest Territories for at least 3 months before submitting the application. If you are under 19, ensure your parent/guardian fits the same requirements.  

For adults (age 19 or older), follow the following steps:  

  1. Fill out a change of name package   
  2. Submit your application to the Registrar General of Vital Statistics 

For youth (age 18 or under), follow the following steps:  

  1. Have a parent or guardian fill out a change of name package   
  2. Get consent from all other parents/guardians 
  3. If you are 12 or older, compete a consent form   
  4. Submit your application to the Registrar General of Vital Statistics 

Sources: Northwest Territories Health and Social Services; NWT Name Change Package.

Nunavut Information

Gender Marker

As of May 2021, it is still unclear how Nunavut will allow Two Spirit, trans, non-binary, and gender nonconforming people to change their gender markers. We will provide more updates as legislation evolves.  

Source: Nunavut Human Rights Tribunal; Huffpost – Nunavut Protects Transgender Rights in Unanimous Vote

Human Rights
Gender identity and gender expression are protected under the Human Rights Act.  

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 contact the Nunavut Human Rights Tribunal Office, in Coral Harbour, to ask for information about filing a complaint and to get a Notification form to start a claim. A Nunavut Human Rights Tribunal Human Rights Officer is available to help at 1-866-413-6478 toll free. 

Source:  Nunavut Human Rights Tribunal; Huffpost – Nunavut Protects Transgender Rights in Unanimous Vote.

Name Change

You will need to submit different documents to change your name depending on your age. The fee for this change is $10.   

For all ages, you must meet the following requirements:  

  • Provide a copy of your birth certificate and/or your baptismal certificate  
  • Provide two pieces of certified ID (accepted ID includes Health Care Card, SIN card, Driver’s License, Nunavut Tunngavik Incorporated (NTI) enrollment Card, and more)    

For adults (age 19 or older, or under if you are married or in a common-law relationship), follow the following steps:  

  1. Fill out the following form   
  2. If you are married and have not lived separately from your spouse for the past year, get consent from your spouse or give them notice of the change. If you can’t get consent, explain why. 
  3. Sign the application in front of a Commissioner for Oaths or a Notary Public  
  4. Submit the application and supporting documents to the Nunavut Court of Justice   

For youth (age 18 or under), follow the following steps:  

  1. Have a parent or guardian fill out the following form    
  2. Get consent from any other parents or guardians, and any step-parents 
  3. If you are over 12, sign your own consent form for the change  
  4. Have your parent or guardian sign the application in front of a Commissioner for Oaths or a Notary Public 
  5. Submit the application and supporting documents to the Nunavut Court of Justice     

Sources: Nunavut Courts – Change of Name; Nunavut Change of Name Act