Changing legal gender assignment in Canada

Procedures for changing legal gender assignment in Canada vary between provinces and territories.

Except for Quebec, the information below concerns altering the sex recorded on one's birth certificate, and therefore must be done with regard to the province or territory where one was born.

Alberta

To change one's legal gender in Alberta, The Vital Statistics Act (section 22) requires affidavits from two doctors stating that the applicant's "Anatomical sex has been changed". These affidavits must be signed by the doctors in the presence of a commissioner for oaths or a notary public. In addition, a statutory declaration must be completed by the applicant and signed before a commissioner for oaths or a notary public. The statutory declaration (REG 3108) can be obtained by writing to the Vital Statistics office. The completed statutory declaration and the affidavits must be returned to this office with a $20 amendment fee.

Manitoba

In order for a person's legal gender to be reassigned, an application is required accompanied by two medical certificates: one from a doctor who performed sex reassignment surgery, and a second from a doctor who assisted at the surgery. Both certificates must attest that the sex of the applicant was changed through the surgery.

Application forms may be requested from the Vital Statistics Agency.

Names may be changed using the normal procedure, and do not require legal gender reassignment.

Saskatchewan

The relevant legislation is the Saskatchewan Vital Statistics Act. It requires a medical certificate of completed SRS from a physician licensed in the jurisdiction where the surgery took place (or, if this cannot be obtained, other documentation as required by the director of vital statistics); a certificate signed by a second licensed physician attesting that the person was examined and found to be of the target sex; and "any other evidence the director may require." With this, the sex on a birth certificate issued in Saskatchewan may be altered. The fee is $20. See Saskatchewan Health -- Vital Statistics.

Nova Scotia

As per the Vital Statistics Act^[1]:

Duty of Registrar where sex change:

25 (1) Where a person has had his anatomical sex structure changed to a sex other than that which appears on his birth certificate the Registrar on production to him of

(a) two affidavits of two duly qualified medical practitioners, each affidavit deposing that the anatomical sex of the person has changed; and

(b) evidence satisfactory to him as to the identity of the person,

shall

(c) if the sex of the person is registered in the Province, cause a notation of the change to be made on the registry thereof; and

(d) if the sex of the person is registered outside the Province, transmit to the person in charge of the registration of births in the jurisdiction in which the person is registered a copy of the proof of change of sex produced to the Registrar.

(2) Every birth, marriage or domestic partnership certificate issued after the making of a notation under this Section shall be issued as if the registration had been made of the sex as changed. R.S., c. 494, s. 25; 2001, c. 5, s. 42.

See also

	Transgender portal
	Canada portal

• Legal aspects of transsexualism
• Name change
• List of transgender-related topics
• Changing legal gender assignment in Brazil

References

1. ^ http://www.gov.ns.ca/legislature/legc/statutes/vitalsta.htm