Chapter CP 3 - Establishing Applicant's Identity

Section 6 - Sex / Change of Sex or Gender Reassignment

Related Topic see section on name; change in name.

6.1 This section is about

• change of sex

6.2 Authorities

6. 3 Policy

A person who has undergone sex change surgery must produce a statement from his or her surgeon confirming the surgical procedure and a statement from another person to the effect that he or she was known to him or her prior to the surgery and that he or she is one and the same person.

6.4 Primary documentation used to establish sex

Applicants must be able to prove that they are who they say they are. Among the documents required for an application, they must provide at least two other documents to establish identity i.e. IMM 1000 and birth certificate.

6.5 Grants

Sex on grant applications filed under 5(1), 5(2)(a), 5(2)(b) and 11(1)

The sex or gender indicated on the certificate will be the sex shown on the person’s birth certificate or Immigration document. The client must provide a copy the Amendment to the Record of Landing Form - IMM 1436 if he or she wants to change the sex which appears on the Immigration document. In order to establish that there has been a change of sex, we require a statement from the surgeon confirming the surgical procedure and a statement from another person to the effect that he or she was known to him or her prior to the surgery and that he or she is one and the same person.

Acceptable documentation is listed in Appendix A, found at the end of this chapter.

6.6 Proofs

6.6.1 Sex on first time applications filed under section 12

The sex on the certificate will be the sex shown on the person’s birth certificate, Immigration document. In order to establish that there has been a change of sex, we require a statement from the surgeon confirming the surgical procedure and a statement from another person to the effect that he or she was known to him or her prior to the surgery and that he or she is one and the same person.

Acceptable documentation is listed in Appendix A, found at the end of this chapter.

6.6.2 Sex on replacement certificates

Except in special and unusual circumstances, the applicants must be advised that the information that they initially provided to the department will be the information reflected on documents issued by the department.

The sex on a replacement certificate will be the sex shown on the previous certificate, unless the applicant provides a statement from a surgeon confirming the surgical procedure a statement from another person to the effect that he or she was known to him or her prior to the surgery and that he or she is one and the same person.

Acceptable provincial documentation is listed in Appendix A, found at the end of this chapter.

6.7 Surgical procedures completed

Amendments to gender are not done during the gender reassignment process. In all cases where an applicant wishes to amend the gender on citizenship records, the surgical

procedures must be complete. The statement from the surgeon confirming surgical procedure must indicate that the gender reassignment procedures are completed and that the person is now anatomically a male or female.

6.8 APPENDIX A - Documents to establish gender

The following are some of the documents that can be used to establish gender:

• official statement from surgeon who performed gender reassignment surgery
• statement from person known to applicant prior to sex change surgery, birth certificate; and IMM1000