Transgender Canadians can now self-identify on citizenship documents without sex reassignment surgery.

PAT McGRATH, THE OTTAWA CITIZENSex re-assignment surgery is no longer required in order for Canadians to change the gender on their citizenship certificate

Canadians no longer need to undergo sex-reassignment surgery in order to change the gender marker on their citizenship certificate under new reforms from Citizenship and Immigration Canada.

As of February, those wishing to change their gender on the certificate need only now submit provincially or territorially-issued documentation such as amended birth certificate.

“This change will give persons who identify themselves as another gender, but have not undergone surgery (or do not plan to), access to an accurate citizenship certificate,” said Citizenship and Immigration Canada spokesperson Bill Brown in an email to National Post.

Previously, it was necessary to submit proof of sex-reassignment surgery, typically involving both “top” (chest) and “bottom” (genital) surgery. Two other identity documents and a statement from a third-person guarantor who knew the person before and after surgery were also required.

The move puts the federal requirements more in line with provinces, where change is swiftly spreading across the country. Currently, Ontario, B.C., Alberta and Manitoba have removed sex-reassignment surgery as a requirement for changing gender on provincial documents like birth certificates. Other provinces and territories, like Nova Scotia, have introduced legislation to change their requirements as well.

The move from the federal government came as a surprise to Ryan Dyck, the director of research, policy and development at Egale Canada, an LGBT advocacy organization. He, like several others on social media, only became aware of the changes by a note on the Citizenship and Immigration website saying new instructions were coming “spring or early summer 2015.” According to Brown, however, those changes are already in place.

The right to self-identify is paramount

“I haven’t heard from anyone else yet who has picked up on the change, nor have I heard of any sort of consultation process regarding the change in requirements, which has been common practice among other governments that have made similar changes in the past,” said Dyck.

Lack of consultation aside, Dyck said the move is a welcome change for transgender Canadians who have not been able to obtain, or do not want to obtain, sex-reassignment surgery.

“The right to self-identify is paramount,” said Dyck.

“Courts and tribunals are coming to the ruling that every person has a right to define their own gender identity that is independent of what their physical body looks like and what kind of transition they’ve gone through.”

For many transgender Canadians, finding a doctor able to provide competent care can be a challenge. For those seeking reassignment surgery, it can be a time-consuming and costly affair and the exact legal requirements for a complete transition can be hazy.

Prior to the change, Dyck said, “You were required to have undergone sex-reassignment surgery which is not typically very well-defined or defined at all. It kind of depends on the agent who’s processing your claim and the doctor who’s performing surgery or writing your letter to decide whether they think it’s sufficient enough.”

A 2012 survey of transgender Ontarians by Trans PULSE found that of 253 individuals living full-time as their self-identified gender, only 22 per cent had changed the gender marker on all their identification. And while 56.6 per cent had changed the gender on their Ontario driver’s license, only 14.7 per cent had made the change to their citizenship certificate.

Given statistics that show transgender people face higher rates of assault, harassment and housing and employment discrimination, Dyck said it’s “quite critical” that Canadians are able to have their official identification match their lived identities.

“The government is committed to ensuring all Canadians have access to a citizenship document that accurately reflects their personal information,” said Brown.

“For this reason, it is important that Canada’s citizenship policy allows applicants to change their sex designation on their citizenship certificate.”