Updating your IDs to reflect your gender identity
This website provides general information only and does not constitute legal or counselling/therapy advice. For personalized assistance in Ottawa and across Ontario, contact us today.
How do I change my name on government records and IDs?
The legal name change process involves specific statutory requirements under Ontario law. Liu Chooti Law and Counselling Group, as legal professionals with expertise in 2SLGBTQIA+ matters, provides comprehensive legal services to assist with the name change application process.
Applications for a change of name are filed with the Office of the Registrar General of Ontario. Application requirements may vary based on whether you were born in or outside of Canada, whether you have been previously convicted of a crime, and whether you are above the age of 16, among other factors. Legal assistance may be especially helpful if the application process is further complicated by additional requirements or an inability to access required documents. A lawyer can also help complete the application process by serving as the application commissioner (designated professional to certify oaths and affidavits).
Once your application is approved and you are issued a change of name certificate, you may proceed to apply for updated identification materials to reflect your name.
What happens if my application for a name change is denied?
If you comply with the requirements for filing a change of name application, you are entitled to have your change of name registered unless the Office of the Registrar General believes on reasonable grounds that you are seeking the name change for an improper purpose. If your application is refused, you have the right to make an application to the court for an order granting the application. A lawyer can support you through the process of appealing the Registrar’s decision.
How do I change the sex designation on my government identification?
The Ontario government has an application process to change an individual’s sex decision in the Office of the Registrar General’s system, which retains the birth registrations of all individuals born in the province. If you wish to change the sex marker on your birth certificate, you must follow the process of the province you were born in. The application has several requirements, most notably a letter from a medical professional explaining that the change of sex designation is appropriate for the applicant. This application packet must also be signed before a commissioner for taking affidavits. A lawyer can act as a commissioner in this process, in addition to ensuring that your application is compliant.
Unlike the change of name application, there is not a specific appeal process for reviewing decisions on change of sex designation applications. However, the case XY v Ontario (Government and Consumer Services) initiated a change of policy, addressing discrimination in the application process and creating a more accessible application. Furthermore, this case prompted the addition of gender identity and expression to the protected grounds under the Ontario Human Rights Code.
Once the Registrar approves an application, they will mail an updated birth certificate. This can be used to update other forms of government identification. However, an updated birth certificate is not necessary to revise all forms of identification. For example, you may use a letter from a medical professional to apply for an updated driver’s license in lieu of the revised birth certificate.
