Gender Reassignment Surgery No Longer Required to Change Canadian Citizenship Documents

Canadians no longer need to undergo gender-reassignment surgery in order to change their federal citizenship documents, according to a new reform by Citizenship and Immigration Canada.

Canadians no longer need to undergo gender-reassignment surgery in order to change their federal citizenship documents, according to a new reform by Citizenship and Immigration Canada.

This recent development will help transgender Canadians who either cannot afford or do not wish to undergo gender-reassignment surgery to legally change their documents to the gender with which they identify. This ability to self-identify on legal documents is not only a step towards increased civil rights for the trans community but it will help to facilitate immigration to Canada for transgender people.

This change is more consistent with provincial and territorial laws which allow transgender people to change their documents without requiring surgery. Provinces such as Ontario, British Columbia, Alberta, and Manitoba have already removed the requirement of gender reassignment surgery for amending legal documents. Nova Scotia is also in the process of enacting legislation to impose similar measures.

According to Bill Brown, spokesperson for Citizenship and Immigration Canada, in an email to the National Post, proof was previously required of both “top” (chest) and “bottom” (genital) surgery for a change in gender status on legal documents. Additionally, two other identification documents and a letter of reference from a third-party guarantor who knew the applicant both before and after gender-reassignment surgery were needed.  With this new change, people wishing to change their gender on citizenship documents will only need to submit amended provincial or territorial documents.

Prior to the change, changing legal documents was very difficult due to the vague and sometimes absent definitions of gender reassignment. This change will help facilitate the changing of legal documents and will give Canadians better rights of self-determination on the federal documents.

The change came as a relative surprise, and was merely noted as a change on the Citizenship and Immigration Canada website. According to the announcement, the instructions are to be enacted in “spring or early summer 2015.” The statement also further pointed out that “CIC is also reviewing what other evidence will be accepted to support a request for a change in sex designation on a citizenship certificate for clients who are unable to obtain a provincial or territorial document.”

In his statement to the National Post, Brown said ““The government is committed to ensuring all Canadians have access to a citizenship document that accurately reflects their personal information.” He furthered this statement by saying “For this reason, it is important that Canada’s citizenship policy allows applicants to change their sex designation on their citizenship certificate.”

If you think this development may affect your ability to immigrate to Canada, please fill out our free assessment form here.

FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on Facebook, Twitter, and Linkedin.

 

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