Transgender rights in Canada, including procedures for changing legal gender and protections from discrimination, vary among provinces and territories, due to Canada's nature as a federal state.[1] According to the 2021 Canadian census, 59,460 Canadians identify as transgender.[2] Canada was ranked third in Asher & Lyric's Global Trans Rights Index in 2023.[3]
There are two main routes to changing one's legal gender in Canada: the Immigration (or 'federal') route, and the Vital Statistics (or 'provincial/territorial' route). Of note is the distinction between 'legal gender' and 'gender marker'; a legal gender (also commonly referred to as a sex designation; sex indicator in Nova Scotia)[4][5] is what appears on foundational identity documents such as immigration status documents and birth certificates, whilst a gender marker can appear on a non-foundational identity document, such as a driver's licence or photo card. A gender marker usually follows legal gender, but can differ - and a change in gender marker on a non-foundational identity document alone does not provide a trans individual with foundational identity documentation that establishes such a change.[6]
Three provinces (British Columbia, Ontario, and Saskatchewan) and all three territories (Northwest Territories, Nunavut, and Yukon) do not offer anyone not born there the ability to change their legal gender. However, this is currently pending an amendment in the NWT <i>Vital Statistics Act.</i>[7]
Table overview
Jurisdiction
Eligibility
Medical and/or parental consent required?
Federal Government
Yes for Citizens, Permanent Residents, Temporary Residents, Protected Persons and Refugee Claimants
None for adults
Parent or guardian's permission required for minors
Alberta
Yes for persons born in Alberta No for Albertan residents born out of province
None for adults
Parent or guardian's permission required for youth aged 12–17
Professional's certification required for youth aged 11 or younger[8]
British Columbia
Yes for persons born in British Columbia No for British Columbia residents born out of province
None for adults
Parent or guardian's permission required for youth aged 18 or younger
Supporting certification from a prescribed professional required for youth aged 11 or younger[9]
Manitoba
Yes for persons born in Manitoba and Citizens of Canada residing in Manitoba for one year, no for all other Manitoban residents
Supporting certification from a prescribed professional required for all applicants
New Brunswick
Yes for all New Brunswick residents (three months' residency requirement), and New Brunswick-born persons.
Supporting certification from a prescribed professional required for all applicants[10]
Newfoundland and Labrador
Yes for all Newfoundland and Labrador residents (three months' residency requirement) and Newfoundland and Labrador-born persons
None for persons age 18+
One supporting certification from a prescribed professional required for minors under 16 Two supporting certifications required for minors under 12[11]
Northwest Territories
Yes for persons born in the NWT, No for NWT residents born out of territory (amendment pending)[7]
Partially, supporting certification from a prescribed professional required for minors under 19 (and independent minors between 16 and 18)
Nova Scotia
Yes for all Nova Scotian residents (three months' residency requirement) and Nova Scotia-born persons
Partially, supporting certification from a prescribed professional required for minors 15 and under[12]
Nunavut
Yes for persons born in Nunavut, No for Nunavummiut born out of territory
No data
Ontario
Yes for persons born in Ontario; Ontario residents born out of province may only change their IDs and not their birth certificates/vital statistics documents
Yes, supporting certification from a prescribed professional required for all applicants; Parent's applying on behalf of their child must get the consent of all other persons with custody and the child, but a person applying on their on behalf does not need parental consent. [13]
Prince Edward Island
Yes for persons born on PEI, No for PEI residents born out of province
Yes for all Québec residents (one year residency requirement) and Québec-born persons
None for persons age 18+
A medical professional or social worker's letter is required for trans youth under the age of 18; currently under appeal[15]
Double parental consent is also required if the youth is under the age of 14
Saskatchewan
Yes for persons born in Saskatchewan, No for Saskatchewan residents born out of province
Yes, psychologist or physician's statement required[16]
Yukon
Yes for persons born in the Yukon, No for Yukon residents born out of territory
Partially; parental consent required, as well as medical practitioner/psychologist/registered nurse/social worker/lawyer/teacher/First Nations chief or councillor/school counsellor's supporting statement for minors under 16[17]
Federal
Canadian Permanent Residents, Citizens (born inside or outside Canada), Protected Persons, Refugee Claimants and Temporary Residents may apply to Immigration, Refugees and Citizenship Canada using form CIT 0404: Request for a Change of Sex or Gender Identifier.[18] Amendment of documents issued by the person's country of birth, former habitual residence, or nationality is not required. Once the person's gender is changed with IRCC, the agency will issue a Verification of Status annotated with the person's change of name (if any) and gender, as a linking document between their Canadian identity and their foreign birth certificate.[19] Since June 2019, the Canadian passport, citizenship certificate, permanent resident documentation and protected person documentation have offered an "X" option for legal gender.[20]
In July 2020, Global News reported that the policy of not allowing refugee claimants and temporary residents to change their legal gender was causing harm, especially to asylum seekers. The article cites the case of Naomi Chen (a pseudonym), a trans woman who was born in Hong Kong and holds Chinese nationality and Hong Kong permanent resident status. Chen's HKSAR passport still states her gender as 'male', and consequently she was issued a Refugee Protection Claimant Document by IRCC bearing that gender.[21]
Chen was not able to change her legal gender in Hong Kong, fearing that her marriage, which was solemnized in Hong Kong, would be terminated (Hong Kong does not allow same-sex marriage). She says she is now afraid of interacting with the community, given the incorrect gender designation on her documents.[21] In response, Kevin Lemkay, spokesperson for federal immigration minister Marco Mendicino, said that 'reviewing gender identity requirements for government-issued documents [was] a priority'.[21] Will Tao, a Vancouver immigration lawyer, noted that the restriction was a matter of policy and not law. He contended that the Canadian federal government was potentially committing a violation of Section 15 of the Canadian Charter of Rights and Freedoms, in Tao's own words an issue "ripe for future litigation".[22]
As of November 2020, refugee claimants are now able to amend the sex indicator printed on their Refugee Protection Claimant Document.[23] As of March 2021, the same is also now available to temporary residents without the amendment of gender on their country of nationality's passport.[24] Applicants may also elect to amend their legal gender through a provincial process instead, if this is available to them in their province or territory of residence.[25]
Alberta
Following a 2014 court ruling that struck down the existing legislation and its surgery requirements as unconstitutional,[26][27] the government of Alberta modified the Vital Statistics Information Regulation in 2015.[28] The current regulations eliminate the surgical requirement. Instead, the applicant must submit a "statement confirming that the person identifies with and is maintaining the gender identity that corresponds with the requested amendment to the sex on the record of birth," as well as a letter from a physician or psychologist attesting that the amendment is appropriate. Legal change of gender is accessible to minors; this requires the parents' or guardians' consent, although this can be waived by court order or if the minor is emancipated, married, or a parent.[29]
A legal change of gender through the province is not currently accessible to residents who were not born in Alberta.
British Columbia
In British Columbia, the requirement for surgery to change the birth certificate gender marker was removed in 2014.[30] A legal change of gender is not accessible to residents who were not born in British Columbia. Non-binary B.C. resident Kori Doty, along with seven other trans and intersex persons, filed a human rights complaint against the province, alleging that publishing a sex indicator on birth certificates was discriminatory. The British Columbia Human Rights Tribunal agreed in 2015 to hear their complaint.[31] In April 2017, Doty's child, Searyl Atli Doty, became the first in the world to be issued a health card with a "U" gender marker (for 'unspecified'), but the province has refused to issue a birth certificate without specifying a gender. Doty has filed a legal challenge.[31][32] In 2022, British Columbia allowed people to change their gender designation on the province's main government-issued ID (BC Services Card, B.C. driver’s licence, BCID card and B.C. birth certificate) without the confirmation of a medical professional.
Manitoba
A change of legal gender in Manitoba is available to persons born there. As of the 1st February 2015, there exists no requirement for trans individuals to have undergone gender confirmation surgery.[33] Section 25(3) of the Vital Statistics Act of Manitoba further provides that "a person may apply to the director for a change of sex designation certificate if the person is a Canadian citizen who has been a resident of Manitoba for at least one year before the date the application is submitted." This follows the model formerly adopted by Québec (now invalidated by the Superior Court in that province), but is discrepant with Manitoba's own policy for legal changes of name (three months' ordinary residence).[34] As of July 2020, this provision has been implemented by the Manitoba Vital Statistics Agency.[35]
As of October 13, 2020, the gender marker on Manitoba driver licenses and photo cards can either be unspecified or marked with an 'X'. This is in response to a complaint lodged at the Manitoba Human Rights Commission by non-binary individuals.[36]
A legal change of gender through the province is not current accessible to residents who were not in Manitoba nor a Canadian citizen.
New Brunswick
A certificate of change of sex designation issued by New Brunswick.
In April 2017, a bill passed the Legislative Assembly of New Brunswick to add gender identity or expression to the human rights laws and to allow gender changes without the required surgery.[37] A person born in New Brunswick or ordinarily resident there for at least three months may make application to Service New Brunswick for a change of their legal gender.[38]
Newfoundland and Labrador
Persons born in Newfoundland and Labrador have been able to have the sex indicator on their birth registration changed since the adoption of a new Vital Statistics Act in 2009.[39] Initially, that provision was available only to those who had undergone gender confirmation surgery, but such requirement was removed following the December 2015 decision of a Newfoundland and Labrador Human Rights Board of Inquiry on complaints filed with the Human Rights Commission from two trans women.[40][41] The amendment received Royal Assent on April 13, 2016.[42][43]
A certificate of change of sex designation issued by Newfoundland and Labrador.
The first gender-neutral birth certificate in Newfoundland and Labrador, and possibly the first in Canada, was issued December 14, 2017, to Gemma Hickey, a non-binary resident of St. John's, the province's capital.[44] Hickey, an award-winning activist,[45] had launched court action seeking to compel the Government of Newfoundland and Labrador to issue the gender-neutral certificate after their application for such a document was rejected because the application form was limited to male or female designation only. Hickey withdrew the court action after the government agreed to amend the Vital Statistics Act to authorize the issuing of gender-neutral birth certificates. That amendment received Royal Assent on December 7, 2017.[46]
On June 1, 2021, a bill to amend the Vital Statistics Act to provide for the issuance of certificates of change of sex designation to people born outside Newfoundland and Labrador who have been living in the province for three months was tabled. On June 17, the bill passed Second Reading and the Committee of the Whole stage,[47] and Third Reading on June 22. On June 23, Royal Assent was given.[48] Therefore, Newfoundland and Labrador now permits a provincial change of legal gender for all residents, regardless of citizenship or immigration status, or birthplace.
Northwest Territories
The Northwest Territories government removed the surgery requirement for a legal gender change from the Vital Statistics Act in June 2016.[49]
A territorial legal change of gender is not accessible to residents who were not born in NWT. As of May 2023, however, the territorial government has indicated that it would like to provide for the issuance of change of gender certificates to such residents. This was one of the proposed amendments outlined in the GNWT report What We Heard: Vital Statistics Act and Change of Name Act - Proposed Key Elements - Amendments. The intent is to bring a bill of amendments forth, sometime during the 2023-2027 sitting of the Legislative Assembly.[7]
Nova Scotia
A sample certificate of change of sex identifier issued by Nova Scotia
On May 11, 2015, Bill 82, An Act to Amend Chapter 66 of the Revised Statutes, 1989, the Change of Name Act, and Chapter 494 of the Revised Statutes, 1989, the Vital Statistics Act received Royal Assent. This act abolishes the surgical requirement, instead requiring a statement "that the applicant has assumed, identifies with and intends to maintain the gender identity that corresponds with the change requested," and an attestation from a professional that the applicant's gender identity does not correspond to that listed on the birth certificate. The Act came into force the week of September 24, 2015.[50][51][52]
Therefore, a change of sex indicator is now available in Nova Scotia for persons born there or those who have been ordinarily resident at least three months in the province.[5] Nova Scotia also offers the option of no gender being displayed on one's driver's licence and/or identification card.[53]
Nunavut
Nunavut removed the surgery requirement for a legal gender change from the Vital Statistics Act in March 2015.[54]
A territorial legal change of gender is not accessible to residents who were not born in Nunavut.
Ontario
On 11 April 2012, the Human Rights Tribunal of Ontario ruled that gender confirmation surgery is no longer required for a change in registered gender on Ontario documents. In its decision, the Tribunal ordered that the Ontario government "shall cease requiring transgender persons to have 'transsexual surgery' in order to obtain a change in sex designation on their registration of birth" and has 180 days to "revise the criteria for changing sex designation on a birth registration".[55][56] However, some medical certification is still required. It is also not accessible to residents who were not born in Ontario.
In July 2021, an Ontario resident who was born abroad tried to obtain photo identification from ServiceOntario, only to be rejected as she could not obtain an amended birth certificate from her country of birth, nor an Ontario birth certificate. The alternative mentioned in the article was medical certification with prohibitive requirements.[57] (However, the federal government does offer another alternative without medical gatekeeping requirements, as described in the Federal section of this article).
Prince Edward Island
In April 2016, the Prince Edward Island government amended the Vital Statistics Act to allow individuals to change their legal gender on ID without surgery. Individuals must present a letter from a doctor attesting to the applicant's gender identity.[58] Islanders can also now choose to display no gender on their PEI-issued driver's licence/voluntary identification card.[59]
A provincial change of legal gender remains inaccessible for PEI residents born off-Island.
Quebec
A sample certificate of change of mention of sex issued by Québec
Since October 2015, adults have been able to change their legal gender on birth certificates in Quebec.[60] The process was simplified for minors in June 2016.[61]
To qualify to change legal gender, the person concerned by the application must be domiciled in Quebec for at least one year. If the person concerned by the application was born in Quebec but lives elsewhere, the person may also qualify to change the sex designation if the person shows that such an amendment is not possible in the province or country in which the person is domiciled.[62] They may make application to the Directeur de l'etat civil for a Certificate of Change of Mention of Sex (certificat de changement de la mention du sexe), regardless of their place of birth; however, this is solely limited to a male or female sex designation, forbidding the use of a non-binary gender designator.[63] They may also apply for a combination Certificate of Change of Mention of Sex and Name (certificat de changement de la mention du sexe et de nom). After such a certificate is issued, one's gender may be amended on a Quebec birth certificate. If one was born outside Quebec, the birth certificate will be designated a semi-authentic act pursuant to Article 137 of the Civil Code.[64]
Previously, Quebec required applicants to be Canadian citizens. A 2021 court ruling, Centre for Gender Advocacy et al. v. Attorney General of Quebec, has struck down six legal provisions considered discriminatory towards trans and non-binary Quebecois, including one forbidding the use of non-binary gender designations, and another one prohibiting non-citizens to obtain a change of name and sex designation.[65] The Quebec government has until the end of 2021 to amend these aforementioned legal provisions, except for the discriminatory citizenship requirement, which the Court declared invalid with immediate effect. The citizenship requirement has been removed in practice by the Directeur on application forms.
In October 2021, Quebec Minister of Justice Simon Jolin-Barrette introduced Bill 2, which among other things would partially reverse Quebec's policy on birth certificate changes, creating a second category called "gender identity" on the certificate and allowing trans people to only change that while keeping the "sex" category fixed unless said trans people underwent a sex change.[66] Bill 2 was quickly denounced by various civil society groups,[67] and in November 2021, the Office of the Minister of Justice stated in an e-mail to MTLBlog that "[they were confirming] that the requirement for an operation to change the sex designation [would] be removed from the bill."[68]
Saskatchewan
In February 2016, the provincial government changed the Saskatchewan Vital Statistics Act to eliminate gender confirmation surgery as a prerequisite for changing government documents.[69] In May 2018, a judge ruled that the gender marker can be removed from a birth certificate.[70]
Saskatchewan permits the change of sex designation on a Saskatchewan driver’s licence or photo identification card to all residents.[71] However, a provincial change of legal gender remains inaccessible for Saskatchewan residents born outside the province.
Yukon
On April 25, 2017, a bill called Act to Amend the Human Rights Act and the Vital Statistics Act (2017) was introduced to the Second Session of the 34th Legislative Assembly as Bill 5. Its intended purpose was to add "gender identity or expression" to the Human Rights Act, and to allow the recognition of gender without surgery being required under the Vital Statistics Act.[72] On July 1, 2017, it went into effect.[73][74]
A person may amend the gender designation on their driver’s licence and/or general identification card by presentation of a Change of Gender Designation form.[75]
A territorial change of legal gender remains inaccessible for Yukon residents born outside the territory.
Bill C-16, which passed in June 2017, added the words "gender identity and expression" in three instances. These words were added to the Canadian Human Rights Act as prohibited grounds for discrimination, and to the Criminal Code in two sections, the first dealing with hate speech and hate incitement and the second regarding sentencing for hate crimes.
In 2005, NDP MP Bill Siksay introduced a bill in the House of Commons to explicitly add gender identity and expression as prohibited grounds of discrimination in the Canadian Human Rights Act. He reintroduced the bill in 2006. In May 2009, he introduced it again, with additional provisions to add gender identity and expression to the hate crimes provisions of the Criminal Code.[76] In February 2011, it passed third reading in the House of Commons with support from all parties, but was not considered in the Senate before Parliament was dissolved for the 41st Canadian federal election. Two bills—C-276 and C-279—on the subject have been introduced in the 41st Canadian Parliament, by the Liberals and the NDP respectively. The NDP's Bill C-279 passed second reading on June 6, 2012.[77] However, the bill again died on the Senate order paper when the 2015 federal election was called. In May 2016, An Act to amend the Canadian Human Rights Act and the Criminal Code (C-16) was introduced to the House of Commons of Canada, to add and include "gender identity or expression" in the Canadian Human Rights Act.[78] In June 2017, the Parliament of Canada passed bill C-16 and received royal assent a week later. The law went into effect immediately as Bill C-16.
Enforcement mechanism
The federal government and every province and territory in Canada has enacted human rights acts that prohibit discrimination and harassment on several grounds (e.g. race, gender identity or expression, age, marital status, sexual orientation, disability, sex, religion) in private and public sector employment, housing, public services and publicity. Some acts also apply to additional activities. These acts are quasi-constitutional laws that override ordinary laws as well as regulations, contracts and collective agreements.[79] They are typically enforced by human rights commissions and tribunals through a complaint investigation, conciliation and arbitration process that is slow, but free, and includes protection against retaliation. A lawyer is not required.
Grounds for prohibiting discrimination
In 1977, the Québec Charter of Rights and Freedoms, which is both a charter of rights and a human rights act, was amended to prohibit discrimination based on sexual orientation. Thus, the province of Québec became the first jurisdiction in the world larger than a city or county to prohibit sexual orientation discrimination in the private and public sectors. Today, sexual orientation is explicitly mentioned as a ground of prohibited discrimination in the human rights acts of all jurisdictions in Canada. In 2016, gender identity or expression was added to the Québec Charter.[80]
Sexual orientation is not defined in any human rights act, but is widely interpreted as meaning heterosexuality, homosexuality and bisexuality. It does not include transsexuality or transgender people.[81] The Federal Court of Canada has stated that sexual orientation "is a precise legal concept that deals specifically with an individual's preference in terms of gender" in sexual relationships, and is not vague or overly broad.[82] The Ontario Human Rights Commission has adopted the following definition:[83]
Sexual orientation is more than simply a 'status' that an individual possesses; it is an immutable personal characteristic that forms part of an individual's core identity. Sexual orientation encompasses the range of human sexuality from gay and lesbian to bisexual and heterosexual orientations.
All human rights laws in Canada also explicitly prohibit discrimination based on disability, which has been interpreted to include AIDS, ARC and being HIV positive, and membership in a high-risk group for HIV infection.[84]
Since June 2017, all places within Canada explicitly within the Canadian Human Rights Act, equal opportunity and/or anti-discrimination legislation prohibit discrimination against gender identity or gender identity or expression.[73]
In addition, human rights commissions consider that sex discrimination includes discrimination based on gender identity at the federal level and in New Brunswick.[85][86][87]
The Ontario Human Rights Commission defines gender identity as follows:[87]
Gender identity is linked to an individual's intrinsic sense of self and, particularly the sense of being male or female. Gender identity may or may not conform to a person's birth assigned sex. The personal characteristics that are associated with gender identity include self-image, physical and biological appearance, expression, behaviour and conduct, as they relate to gender. … Individuals whose birth-assigned sex does not conform to their gender identity include transsexuals [sic], transgenderists [sic], intersexed [sic] persons and cross-dressers. A person's gender identity is fundamentally different from and not determinative of their sexual orientation.
Banned territorially since 2020, prior to enactment of federal ban[122][123]
Activities where equality is guaranteed
Discrimination, including harassment, based on real or perceived sexual orientation, HIV/AIDS and gender identity is prohibited throughout Canada in private and public sector employment, housing and services provided to the public. All aspects of employment are covered, including benefits for spouses and long-term partners. Examples of services include credit, insurance, government programs and schools open to the public. Schools open to the public are liable for anti-gay name-calling and bullying by students or staff.[124]
Prohibited discrimination occurs not only when someone is treated less favourably or is harassed based on a prohibited ground, but also when a policy or practice has an unintended disproportionately adverse effect based on that ground. This is called "adverse effect discrimination".[125] For example, it might in theory be discriminatory for schools to implement a uniform policy that has specifically gendered uniforms.
Trans inclusion in the Canadian Forces
LGBT Canadians have been allowed to serve in the military since the Douglas case was settled in 1992.[126] However, in March 2019 The Canadian Armed Forces (CAF) issued revised policies with a mandate of inclusion of gender diverse Canadians. The new directive stresses ones right to freely express their gender identity and outlines uniform and naming protocols, medical and surgical support opportunities and accommodations to privacy.[127]
Trans considerations in federal prison
In 2018 new operations were implemented to accommodate offenders based on gender identity instead of sex assigned at birth. These policy amendments are a result of The Canadian Human Rights Commission, The Correctional Service of Canada and Prisoners Legal Services combined efforts. They include changes such as using an offenders preferred name and pronouns, placing offenders in a men's or women's institutions based on gender identity regardless of anatomy and ensuring the privacy, dignity and safety of trans or gender-diverse offenders.[128]
Policy numbers and titles that have been amended
CD 352 – Inmate Clothing Entitlements
CD 550 – Inmate Accommodation (and User Guide)
CD 566-7 – Searching of Offenders
CD 566-10 – Urinalysis Testing
CD 566-12 – Personal Property Of Offenders
CD 567-1 – Use of Force
CD 577 – Staff Protocol in Women Offender Institutions
CD 702 – Aboriginal Offenders
CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments
CD 705-3 – Immediate Needs Identification and Admission Interviews
CD 705-7 – Security Classification and Penitentiary Placement
CD 710-2 – Transfer of Inmates
CD 800 – Health Services
GL 800-5 – Gender Dysphoria
CD 843 – Interventions to Preserve Life and Prevent Serious Bodily Harm[128]
Coverage for transition-related surgeries
Canada's system of universal healthcare is delivered through provincial healthcare systems, which vary in terms of their benefits and features, including in the area of transgender health care. As of 2020, all provinces provided coverage for sex reassignment surgery such as vaginoplasty, orchiectomy, or phalloplasty.[129] New Brunswick was the last province to begin insuring such procedures in 2016.[130] Insurance coverage is not generally provided for the transition-related procedures of facial feminization surgery, tracheal shave, or laser hair removal.[131] Reproductive services are also not covered for trans people, with the costs being quite high. For example Rainbow Health Ontario, an LGBTQ+ healthcare organization, estimates that freezing sperm typically costs $125 to $300, with an additional $200 for each year of storage. They also estimate that preserving embryos costs between $480 to $650, with $150 to $300 in storage fees.[132]
The Ontario Health Insurance Plan (OHIP) began covering sex reassignment surgery in 1970.[135] The first person to have such a surgery under OHIP was Dianna Boileau.[136] It was removed from the list of covered procedures in October 1998 under Mike Harris' Progressive Conservative government, apparently as a cost-saving measure, sparking an outcry from the transgender community.[133][135] Some surgeries began to be covered again in 2008.[137]
Until 2016, only a single clinic, the Gender Identity Clinic at the Centre for Addiction and Mental Health in Toronto, was able to provide referrals for OHIP-reimbursed surgeries. Ontario saw a large rise in patients seeking SRS after 2008, and by 2015, the CAMH gender clinic had a waitlist of 1,150.[138] That year, Ontario health minister Eric Hoskins announced plans to allow referrals from any qualified healthcare provider.[138] The changes went into effect in 2016.
Newfoundland and Labrador
Similar to Ontario, Newfoundland and Labrador's Medical Care Plan (MCP) formerly required surgical assessments from CAMH as a prerequisite for covering SRS procedures. This was subject to outcry from the province's trans community, including in one case a complaint filed with the Newfoundland Human Rights Commission.[139] It was the last province to require such an assessment.[140]
In 2019, a new policy on Transition-Related Surgeries went into effect, removing the CAMH assessment requirement. However, other barriers still exist for Newfoundlanders and Labradoreans accessing SRS procedures; some procedures are not covered at all, and since all surgeries are performed outside the province, costs relating to travel and accommodations must be paid upfront. MTAP (the Medical Transportation Assistance Program) does provide some subsidies for these non-surgical costs, but only partially.[141]
Yukon
On March 12, 2021, the Yukon government made changes to Transition-Related Surgeries policy that would by April provide a nationally unmatched coverage - e.g. for facial feminization surgery and voice training, which are not usually covered by provincial/territorial medical care plans. The government also stated its intent to align with best practices identified by World Professional Association for Transgender Health (WPATH) guidelines.[142]
Blood donation
On August 15, 2016, Canadian Blood Services established new eligibility criteria for transgender people. These criteria stated that transgender donors who had not had lower gender affirming surgery would be asked questions based on their sex assigned at birth. They would be eligible to donate or be deferred based on these criteria. For example, trans women would be asked if they have had sex with a man in the last 12 months. If the response is yes, they would be deferred for one year after their last sexual contact with a man. Donors who have had lower gender affirming surgery would be deferred from donating blood for one year after their surgery. After that year, these donors will be screened in their affirmed gender.[143] This means that trans women who have not had gender affirming surgery and have sex with men would be deferred for three months following last sexual contact before being eligible, similarly to men who have sex with men. This distinction between operative and non-operative trans women was deemed transphobic by some trans rights activists in different provinces.[144]
On September 11, 2022, new sexual behaviour-based screening was implemented for all donors, regardless of gender or sexual orientation. The new screening procedure requires a deferral for anyone who has had new or multiple sexual partners in the last three months, and has had anal sex in that period.[145]
Healthcare access
According to the Canadian Pediatric Society, "Current evidence shows puberty blockers to be safe when used appropriately, and they remain an option to be considered within a wider view of the patient's mental and psychosocial health."[146]
A study of transgender Ontario residents aged 16 and over, published in 2016, found that half of them were reluctant to discuss transgender issues with their family doctor.[147] A 2013–2014 nationwide study of young transgender and genderqueer Canadians found that a third of younger (ages 14–18) and half of the older (ages 19–25) respondents missed needed physical health care. Only 15 percent of respondents with a family doctor felt very comfortable discussing transgender issues with them.[148]
All Canadian provinces fund some sex reassignment surgeries Waiting times for surgeries can be lengthy, as few surgeons in the country provide them; a clinic in Montreal is the only one providing a full range of procedures.[149][150][151] Insurance coverage is not generally provided for the transition-related procedures of facial feminization surgery, tracheal shave, or laser hair removal.[131] And in January 2024, The Alberta government of Danielle Smith announced plans to ban gender affirming surgeries for minors under the age of 18 and hormones and puberty blockers for minors under the age of 16.[152]
Since 2022, conversion therapy (including attempting to 'convert' transgender individuals to cisgender) has been illegal in all provinces and territories.[153] The provinces of Ontario, Manitoba, Quebec, Nova Scotia, and Prince Edward Island had bans in place prior to the enactment of federal legislation.[154][155][156] In 2018, the City of Vancouver became the only city in British Columbia to outlaw the practice,[157] and in 2019 St. Albert became the first City in Alberta to ban the practice[93] followed by Edmonton also in 2019,[94] and Calgary in 2020.[158] And on 9 March 2020, the Minister of Justice introduced Bill C-8, An Act to amend the Criminal Code (conversion therapy).[159] Due to a prorogue of parliament by Prime Minister Justin Trudeau, the bill died and was later revived in 2020 as Bill C-6, and was passed in the House of Commons with some opposition from Conservative MPs.[160][161]
Ontario
In 2015, Ontario premier Kathleen Wynne directed her Health Minister, Eric Hoskins, to petition the College of Physicians and Surgeons of Ontario for a ban on conversion therapy under their standards of practice. As well, Wynne spoke in favour of a bill tabled by Cheri DiNovo, a member of the provincial New Democratic Party, that would outlaw any attempt to change the gender or sexuality of a person under 18 via therapy. The bill passed unanimously in the Legislative Assembly of Ontario.[154] Wynne, as the first openly gay Premier in Canada, stated that youths expressing their sexuality and gender identity should be protected, and that young LGBTQ people are especially vulnerable to these conversion therapy practices.[154]
Manitoba
Also in 2015, Manitoban Health Minister Sharon Blady announced plans for the province to ban the practice of conversion therapy, and stated that conversion therapy had "no place" in Manitoba's healthcare system.[162] This ban targeted the conversion of homosexual people to heterosexual, and had no specific provisions for transgender individuals being "converted" to cisgender.[155]
Nova Scotia
A bill banning conversion therapy for sexual orientation and gender identity was passed unanimously in the House of Assembly of Nova Scotia in 2018.[163] The bill, lauded by Nova Scotian Justice Minister Mark Furey as the "most progressive piece of legislation around sexual orientation and gender identity in the country",[163] bans the promotion of such practices to persons under 19, but contains a very controversial clause allowing "mature minors" between the ages of 16 and 18 to consent to being subject to the practice.[164]
British Columbia
Members of the Legislative Assembly of British Columbia tabled legislation to ban the practice of conversion therapy in 2019 and again in 2020, although neither private member's bill progressed passed first reading. In August 2019, the B.C. government called on the federal government to add conversion therapy into the Criminal Code of Canada and take action banning the practice nationwide.[165]
Vancouver
Vancouver became the first jurisdiction in British Columbia to ban the practice for gender identity and sexual orientation in 2018. This ban, added to Vancouver's business prohibition bylaw, prohibits the offering of these services to people of any age and was passed unanimously by the Vancouver City Council.[157]
Alberta
Edmonton
The city of Edmonton unanimously passed bylaw 19061, prohibiting conversion therapy within the city.[166]
St. Albert
Though conversion therapy has not been known to happen in St. Albert, the city council unanimously passed a motion to ban it as a statement against the practice.[93]
The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.
Canadian lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. Same-sex sexual activity, in private between consenting adults, was decriminalized in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada became the fourth country in the world, and the first in the Americas to legalize same-sex marriage. In 2022, Canada was the third country in the world, and the first in North America, to fully ban conversion therapy nationwide for both minors and adults.
New Zealand lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. The protection of LGBT rights is advanced, relative to other countries in Oceania, and among the most liberal in the world, with the country being the first in the region to legalise same-sex marriage.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Hampshire enjoy the same rights as non-LGBTQ people, with most advances in LGBT rights occurring in the state within the past two decades. Same-sex sexual activity is legal in New Hampshire, and the state began offering same-sex couples the option of forming a civil union on January 1, 2008. Civil unions offered most of the same protections as marriages with respect to state law, but not the federal benefits of marriage. Same-sex marriage in New Hampshire has been legally allowed since January 1, 2010, and one year later New Hampshire's civil unions expired, with all such unions converted to marriages. New Hampshire law has also protected against discrimination based on sexual orientation since 1998 and gender identity since 2018. Additionally, a conversion therapy ban on minors became effective in the state in January 2019. In effect since January 1, 2024, the archaic common-law "gay panic defence" was formally abolished; by legislation implemented within August 2023.
In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights. There has been a steady increase in the number of anti-transgender bills introduced each year, especially in Republican-led states.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of West Virginia face legal challenges not faced by non-LGBT persons. Same-sex sexual activity has been legal since 1976, and same-sex marriage has been recognized since October 2014. West Virginia statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Jersey have the same legal rights as non-LGBTQ people. LGBT individuals in New Jersey enjoy strong protections from discrimination, and have had the same marriage rights as heterosexual people since October 21, 2013.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Massachusetts enjoy the same rights as non-LGBTQ people. The U.S. state of Massachusetts is one of the most LGBT-supportive states in the country. In 2004, it became the first U.S. state to grant marriage licenses to same-sex couples after the decision in Goodridge v. Department of Public Health, and the sixth jurisdiction worldwide, after the Netherlands, Belgium, Ontario, British Columbia, and Quebec.
The U.S. state of New York has generally been seen as socially liberal in regard to lesbian, gay, bisexual, and transgender (LGBTQ) rights. LGBT travel guide Queer in the World states, "The fabulosity of Gay New York is unrivaled on Earth, and queer culture seeps into every corner of its five boroughs". The advocacy movement for LGBT rights in the state has been dated as far back as 1969 during the Stonewall riots in New York City. Same-sex sexual activity between consenting adults has been legal since the New York v. Onofre case in 1980. Same-sex marriage has been legal statewide since 2011, with some cities recognizing domestic partnerships between same-sex couples since 1998. Discrimination protections in credit, housing, employment, education, and public accommodation have explicitly included sexual orientation since 2003 and gender identity or expression since 2019. Transgender people in the state legally do not have to undergo sex reassignment surgery to change their sex or gender on official documents since 2014. In addition, both conversion therapy on minors and the gay and trans panic defense have been banned since 2019. Since 2021, commercial surrogacy has been legally available within New York State.
Illinois is seen as one of the most progressive states in the U.S. in regard to lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights and often viewed as one of the most liberal states in the Midwestern United States. Same-sex sexual activity has been legal since 1962, after Illinois became the first U.S. state to repeal its sodomy laws. Same-sex marriage was banned by statute in 1996, but has since been legalized after a law allowing such marriages was signed by Governor Pat Quinn on November 20, 2013 and went into effect on June 1, 2014. Civil unions have been recognized since 2011, and same-sex couples are also allowed to adopt. Additionally, discrimination on the basis of sexual orientation and gender identity is banned in employment, housing, credit and public accommodations, and conversion therapy on minors has been outlawed since 2016.
The establishment of lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Connecticut is a recent phenomenon, with most advances in LGBT rights taking place in the late 20th century and early 21st century. Connecticut was the second U.S. state to enact two major pieces of pro-LGBT legislation; the repeal of the sodomy law in 1971 and the legalization of same-sex marriage in 2008. State law bans unfair discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations, and both conversion therapy and the gay panic defense are outlawed in the state.
In the District of Columbia, lesbian, gay, bisexual, and transgender (LGBTQ) people enjoy the same rights as non-LGBTQ people. Along with the rest of the country, the District of Columbia recognizes and allows same-sex marriages. The percentage of same-sex households in the District of Columbia in 2008 was at 1.8%, the highest in the nation. This number had grown to 4.2% by early 2015.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Maine have the same legal rights as non-LGBTQ people. Same-sex marriage has been recognized in Maine since December 2012, following a referendum in which a majority of voters approved an initiative to legalize same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is prohibited in the areas of employment, housing, credit and public accommodations. In addition, the use of conversion therapy on minors has been outlawed since 2019, and joint adoption is permitted for same-sex couples.
Lesbian, gay, bisexual transgender, and queer (LGBTQ) rights in the U.S. state of Iowa have evolved significantly in the 21st century. Iowa began issuing marriage licenses to same-sex couples on April 27, 2009 following a ruling by the Iowa Supreme Court, making Iowa the fourth U.S. state to legalize same-sex marriage. Same-sex couples may also adopt, and state laws ban discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Wisconsin enjoy most of the same rights as non-LGBTQ people. However, the transgender community may face some legal issues not experienced by cisgender residents, due in part to discrimination based on gender identity not being included in Wisconsin's anti-discrimination laws, nor is it covered in the state's hate crime law. Same-sex marriage has been legal in Wisconsin since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Wolf v. Walker. Discrimination based on sexual orientation is banned statewide in Wisconsin, and sexual orientation is a protected class in the state's hate crime laws. It approved such protections in 1982, making it the first state in the United States to do so.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Mexico enjoy the same rights as non-LGBTQ people. New Mexico has seen prominent advances in gay and lesbian rights in recent decades. Same-sex sexual activity has been legal since 1975. Same-sex marriage is legal statewide in New Mexico, as is adoption and access to fertility treatments for lesbian couples. Same-sex couples have had the same rights as heterosexual married couples since 2013. Discrimination on the basis of sexual orientation and gender identity is banned statewide in the areas of employment, housing and public accommodations. Additionally, conversion therapy on minors is prohibited in the state.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kansas have federal protections, but many face some legal challenges on the state level that are not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Kansas under the US Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy laws that only apply to same-sex sexual acts. The state has prohibited discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations since 2020. Proposed bills restricting preferred gender identity on legal documents, bans on transgender people in women's sports, bathroom use restrictions, among other bills were vetoed numerous times by Democratic Governor Laura Kelly since 2021. However, many of Kelly's vetoes were overridden by the Republican supermajority in the Kansas legislature and became law.
Transgender rights in Australia have legal protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction. For example, birth certificates, recognised details certificates, and driver licences are regulated by the states and territories, while Medicare and passports are matters for the Commonwealth.
Transgender and non-binary people in New Zealand face discrimination in several aspects of their lives. The law is unclear on the legal status of discrimination based on gender identity, and also for intersex people.
Gender self-identification or gender self-determination is the concept that a person's legal sex or gender is determined by their gender identity without any medical requirements, such as via statutory declaration.
↑ Government of the Hong Kong Special Administrative Region, People's Republic of China, Inter-departmental Working Group on Gender Recognition (June 2017). "Consultation Paper: Part 1 - Legal Gender Recognition"(PDF). pg. 21: "A successful applicant above will be issued a replacement HKIC reflecting his/her reassigned sex. He/she may separately apply to make corresponding changes to other documents (eg, travel documents, driving licences, bank accounts and educational certificates) as necessary. However, Government departments and private bodies are not required by law to accept the sex entry on a person's HKIC as that person's legal gender." The study also has a comparative section, discussing in one part Canada (the example is given of Saskatchewan).
1 2 3 N/A. "What We Heard"(PDF). Government of the Northwest Territories. Retrieved 2024-09-18.
↑ l'informatique, Le Directeur de l'état civil, service de. "Changement de la mention de sexe". www.etatcivil.gouv.qc.ca (in French). Retrieved 2020-02-10.{{cite web}}: CS1 maint: multiple names: authors list (link)
↑ Walter S. Tarnopolsky, William F. Pentney & John D. Gardner (eds.), Discrimination and the Law, (Thomson, Scarborough, Ontario, 2004) page 7A-21 (Discrimination) (2003-Rel. 7) ISBN0-88820-214-8
↑ Jefferies, Daze (December 2020). "Fishy Fragments: Trans Women's Worlds in Ktaqamkuk/Newfoundland"(PDF). Memorial University of Newfoundland. While trans people in NL have been able to access HRT with informed consent for over a decade, and we have recently gained increased access to affirming gender markers on medico-legal documents, until a short while ago we have been stuck in the only Canadian region to still require an out-of-province assessment for transition-related surgeries (TRS). Before late 2019, in order to access surgical care funded by the NL government, trans patients were first required to obtain a referral for surgery at the CAMH (Centre for Addictions and Mental Health, formerly the Clarke Institute of Psychiatry) Adult Gender Identity Clinic in Tkaronto/Toronto, Ontario. An arena of erasure, gatekeeping, and negligence in which trans bodies are selectively authorized to access care, this clinic has been critiqued by trans activists and community members across Canada (Namaste 2000: 190). Actively seeking to avoid the drama of this clinic, many trans folks in NL have chosen to fund surgeries with our own labour, on our own terms. At the same time, community members and our allied physicians have continued to push for accessible trans care, and the result is a changing landscape of TRS that are eligible for provincial coverage.
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
LGBTQ portal 
Category 
