Embracing Your True Self: A Guide to Legal Name and Gender Marker Changes in British Columbia

Introduction

Importance of having identification documents that reflect an individual’s true identity

For many people, a name is a deeply personal and integral aspect of their identity. It not only represents who they are but also symbolizes their unique journey in life. For transgender and nonbinary individuals, having a name and gender marker that accurately reflects their true selves is essential to living authentically and openly. Possessing identification documents that match their chosen name and gender can help alleviate the stress, anxiety, and discrimination that can arise from using mismatched IDs.

Acknowledgment of the challenges faced by transgender and nonbinary individuals

Despite the significance of a name and accurate gender marker in one’s life, transgender and nonbinary individuals often face numerous challenges in legally updating their identification documents. The process of changing one’s name and gender marker can be time-consuming, costly, and complicated. A recent study found that 90% of transgender and nonbinary people have used identification that didn’t match their name or gender identity, resulting in feelings of anxiety (48%), embarrassment (45%), and frustration (42%). Acknowledging these challenges is the first step in addressing them and providing support and resources for transgender and nonbinary individuals who wish to update their identification documents to reflect their true selves.

Changing Your Name in British Columbia

Provincial documents

1. Vital Statistics legal changes of name: To legally change your name in British Columbia, you must apply through the Vital Statistics Agency. You will need to provide either a Canadian birth certificate or a Canadian citizenship/permanent resident card. Once the name change is approved, Vital Statistics will issue a Certificate of Change of Name, which also updates your birth record if you were born in B.C.
2. BC birth certificate: After receiving your Certificate of Change of Name, you will need to apply separately to receive a physical copy of your updated birth certificate. This can be done through the B.C. Vital Statistics Agency.
3. B.C. identification (MSP, BC Services Card, BC driver’s licence, etc.): To update your B.C. identification documents, such as your MSP, BC Services Card, BC driver’s licence, or BC identification card (BCID), you will need the Certificate of Change of Name. Submit the required documentation to the respective issuing authorities to have your identification documents updated with your new name.

Federal documents

1. Confirmation of Social Insurance Number (SIN) Letter:To update your name on your SIN card, take your birth certificate or permanent resident/Canadian citizenship card and your Certificate of Change of Name to the nearest Service Canada office. You can do this at the same time as changing your gender on your SIN card.
2. Canadian Passport: If you are changing the name on your Passport, you must include documentation supporting proof of citizenship (such as a birth certificate, Canadian citizenship certificate, certificate of naturalization, certificate of registration of birth abroad, or certificate of retention of Canadian citizenship) and a legal name change certificate. Follow the passport application process with the required documentation.
3. Canadian permanent resident card: To change your name on your permanent resident card, you will need your Certificate of Change of Name. It is strongly recommended to follow up directly with Canadian Immigration services to see if this will impact potential residency requirements. You can do this at the same time as changing your gender on your permanent resident card.
4. Citizenship certificate: To update your name on your citizenship certificate, you will need your Certificate of Change of Name if the name change was done in Canada. If the name change was done outside of Canada, refer to the citizenship certificate link for the required documents. You can do this at the same time as changing your gender on your citizenship certificate.

Tips and considerations for a smooth name change process

1. Gather all required documents and make copies for your records.
2. If changing both your name and gender marker, ensure that the documentation for both is processed before ordering new physical copies of your identification documents.
3. Consider applying in person at a Service BC Counter for a more streamlined process. Bring your completed Application for Change of Name Certificate (VSA 430N) form to the customer service representative.
4. Keep track of deadlines and processing times to avoid any delays in receiving your updated identification documents.
5. Reach out to local resources and support groups for assistance with the name change process, as they may be able to provide guidance and help cover associated fees.

Changing Your Gender Marker in British Columbia

Provincial documents

• BC birth certificate: To change your gender marker on your BC birth certificate, begin by updating your gender designation on your birth record. For minors aged under 12 years, a Physician’s or Psychologist’s Confirmation of Change of Gender Designation form is required. Once your birth record is updated, apply for a new birth certificate through the B.C. Vital Statistics Agency.
• B.C. identification (MSP, BC Services Card, BC driver’s licence, etc.): To update your gender marker on B.C. identification documents, you will need an updated birth certificate or a completed Application for Change of Gender Designation (Adult) or Application for Change of Gender Designation (Minor), along with the supporting documentation outlined in the respective application forms. Submit the required documents to the respective issuing authorities to have your identification documents updated with your new gender marker.

Federal documents

• Confirmation of Social Insurance Number (SIN) Letter: To change your gender marker on your SIN card, take your Canadian birth certificate or permanent resident/Canadian citizenship card with an updated gender marker to the nearest Service Canada office. You can do this at the same time as changing your name on your SIN card.
• Canadian Passport: To update your gender marker on your passport, you will need proof of Canadian citizenship or an immigration status document that shows the same gender marker as the one you are requesting. If these documents do not reflect the same gender marker, include a legal document issued by a Canadian province or territory indicating a change of gender marker and supporting ID showing a change of gender marker designation, or a Declaration – Change of Sex Designation for an Adult 16 years of age or older form (PPTC643).
• Canadian permanent resident card: To change your gender marker on your permanent resident card, you will need a birth certificate with a change of gender marker or a Provincial Vital Statistics legal order showing a change of sex designation. Refer to the permanent resident card link for more information if you are unable to attain these documents or if the documents are from outside of Canada.
• Citizenship certificate: To update your gender marker on your citizenship certificate, you will need a birth certificate with a change of gender marker or a Provincial Vital Statistics legal order showing a change of sex designation. Refer to the citizenship certificate link for more information if you are unable to attain these documents or if the documents are from outside of Canada.

The option of using “X” or an unspecified gender marker on documents: In addition to the traditional “M” (male) and “F” (female) gender markers, you can now choose to have your gender marked as “X” (unspecified) on certain identification documents. This option is currently available for Canadian passports, permanent resident cards, citizenship certificates, and Social Insurance Cards, as well as B.C. provincial IDs.

No requirement for hormones or surgery for gender marker changes: It is important to note that hormones or surgery are no longer a requirement for changing your gender marker on B.C. or federal documents. This change in policy ensures that transgender and nonbinary individuals can access accurate identification documents that reflect their true identity without undergoing medical procedures they may not want or need.

Updating Birth Certificates for Individuals Born Outside of British Columbia

Contacting the government agency responsible for issuing birth certificates in the place of birth

If you were born outside of British Columbia and wish to update your birth certificate, you will need to contact the government agency responsible for issuing birth certificates at your place of birth. This may involve reaching out to the vital statistics office, civil registry, or a similar agency in your birth province, territory, or country.

Each jurisdiction has its own specific procedures and requirements for updating birth certificates, so it is essential to familiarize yourself with the rules and regulations at your place of birth. When contacting the appropriate government agency, inquire about the process for updating your birth certificate, including the necessary forms, supporting documentation, and fees.

Once you have successfully updated your birth certificate in your place of birth, you can then use this updated document to change your name and/or gender marker on your provincial and federal identification documents in British Columbia.

Remember, if you encounter any difficulties or need further guidance, consider reaching out to local LGBTQ+ organizations or legal assistance programs for support and advice on navigating the process of updating your birth certificate and other identification documents.

Amending Temporary Resident Documents

• Visitor Record: To amend a visitor record, contact Immigration, Refugees and Citizenship Canada (IRCC) to request an amendment. You will need to provide a copy of the document with the incorrect information, proof of the correct information, and an explanation of the error. If the error is due to a mistake made by IRCC, there may not be any fee for the amendment.
• Work Permit: To amend a work permit, you must submit an application to IRCC to request a correction. Include a copy of the permit with the incorrect information, proof of the correct information, and an explanation of the error. If the error is due to a mistake made by IRCC, there may not be any fee for the amendment.
• Study Permit: To amend a study permit, you will need to contact IRCC and provide a copy of the permit with the incorrect information, proof of the correct information, and an explanation of the error. If the error is due to a mistake made by IRCC, there may not be any fee for the amendment.
• Permit to Come Into or Remain in Canada: To amend a Permit to Come Into or Remain in Canada, you should contact IRCC and provide a copy of the document with the incorrect information, proof of the correct information, and an explanation of the error. If the error is due to a mistake made by IRCC, there may not be any fee for the amendment.
• Temporary Resident Permit: To amend a Temporary Resident Permit, you will need to contact IRCC and provide a copy of the permit with the incorrect information, proof of the correct information, and an explanation of the error. If the error is due to a mistake made by IRCC, there may not be any fee for the amendment.

Note that in all cases, if the error is not due to a mistake made by IRCC, you may need to pay a fee for the amendment. It is essential to keep your temporary resident documents up-to-date, as inaccurate information can cause complications during your stay in Canada.

Changing Gender Marker to “X” on Provincial and Federal Documents

Two-spirit, transgender, and gender-diverse individuals in British Columbia now have the option to change their gender designation on various identification documents, such as the BC Services Card, B.C. driver’s licence, BCID card, and B.C. birth certificate, without the need for confirmation from a physician or psychologist. This change, effective from January 10, 2022, builds upon B.C.’s pioneering efforts in becoming the first Canadian jurisdiction to remove the surgery requirement for updating the gender on birth certificates.

This shift towards a non-medical model of gender identification helps eliminate barriers that two-spirit, transgender, non-binary, and other gender-diverse people face when updating their identification documents. The Ministry of Health, Ministry of Citizens’ Services, and the Insurance Corporation of BC collaborated to implement this change, reflecting the government’s commitment to advancing equity for all gender identities.

Adults seeking to change their gender designation must complete an Application for Change of Gender Designation, which includes a self-declaration. For individuals under 19, proof of parent and/or guardian support is also required.

The introduction of the “X” gender marker on provincial government-issued identification documents, effective from November 1, 2018, further demonstrates the government’s dedication to inclusivity and accessibility. The “X” gender marker represents a gender that is neither exclusively male nor female, encompassing non-binary, agender, and gender non-conforming identities, among others.

The Government of Canada is also working on introducing an “X” in the sex (gender marker) field for citizenship certificates. Until this option becomes available, individuals can request a supporting document, free of charge, stating, “The sex of the bearer should read as ‘X’, indicating that it is unspecified.” This development will make it easier for all individuals to have their true genders reflected on both provincial and federal identification documents.

Supports and Resources for ID Changes in British Columbia

B.C. Vital Statistics: This is the official government agency responsible for overseeing legal changes of name and gender markers on identification documents. You can contact them for information and assistance on these processes.

PACE Society’s Gender Self-Determination Project: This project provides support to trans, two-spirit, and non-binary individuals seeking to legally change their names and gender markers on government identification. Due to high demand, there is currently a waitlist of approximately 4-6 months for access to the program.

Catherine White Holman Wellness Centre: The Catherine White Holman Wellness Centre offers assistance with updating legal names and gender markers for those in need. The non-profit organization can also help answer questions about identification updates, cover some costs associated with the process, and provide support for updating other identification documents such as passports, BC service cards, and driver’s licenses.

QMUNITY’s Trans ID Clinic: QMUNITY’s Trans ID Clinic aims to provide notarial, administrative, and emotional support to lower-income individuals requiring assistance with name and gender marker change processes. Both in-person and digital engagement options are available. Services are provided by volunteer peer navigators and lawyers.

Foundry BC: This mental health-focused organization supports youth across British Columbia by offering various health and wellness resources for young people, including assistance with navigating the processes for changing names and gender markers on identification documents.

For more information and guidance on updating identification documents, you can also refer to Trans Care BC’s Updating ID Guide.

Conclusion

In conclusion, it is vital to recognize the significance of having identification documents that accurately reflect one’s true identity. For transgender and nonbinary individuals, having documents that align with their chosen name and gender marker is crucial for their emotional well-being, personal safety, and ability to navigate various aspects of daily life.

We encourage transgender and nonbinary individuals to seek the necessary resources and support to complete the process of updating their identification documents. It is essential to remember that you deserve to be recognized and respected for who you truly are. By taking the steps to update your identification documents, you are asserting your authentic self and contributing to a more inclusive and understanding society. While the process may be challenging, numerous organizations and support systems in British Columbia are available to assist and uplift you on this journey.