Name and Gender marker change guide in “quebec”

by julien johnson – trans person and commissioner of oaths situation in tio;tia:ke

If you are interested in changing your name and/or ‘gender marker’ (M, F, X) you are welcome to follow this guide. 

Disclaimer: the rules and laws surrounding changing these elements are currently subject to change. Thanks to The Center for Gender Advocacy, marginalized people are able to access more legal changes than before; for example ‘non citizens’ of ‘canada’ as of 2021 can legally change these designations at the federal level, as well as the fact a “X” gender marker is now available. But I feel it important to mention that due to the fact these are new legislative changes, there are more barriers than I cannot accurately identify. These are intrusive processes that sometimes require extra ‘explanation’ or your gender/identity – the people working at the DEC are not knowledgeable or educated on the realities of trans, gnc and enby people.  

If you need help with paperwork, need emotional support or have questions about the process please refer to the resources at the end of this guide <3 

Please note I am using language specific to the legal paperwork, and using quotation marks to challenge the notion of citizens and non citizens that the government uses to torment and inflict harm on marginalized people on unceded Indigenous territory. In ‘quebec’ and ‘canada’ citizenship (and legal ID) is an institution used to oppress and prevent people from accessing stability and rights, including Black, First Nations, Metis and Inuit people and other people of colour. 

18 years old and over 

• 7 pages to fill in
• You will need someone to sign with you who has known you for 1 year or more and has a valid ID issued by canadian government (a photocopy of the ID will be included with the person’s application).
• You will need a commissioner of oaths to ‘supervise’ the above signature on pages 2 and 4. Thanks to covid this can now be done via video call, or in person.

Between 14-17 years old

• 6 pages to fill in.
• This application differs slightly if it’s filled in by the person, or their parent/guardian etc.
• You must include a letter from a physician, psychologist, psychiatrist, sexologist or social worker who declares having evaluated or followed you and who is of the opinion that changing this designation is appropriate.
• You will need a commissioner of oaths to ‘supervise’ the above signature on page 2. Thanks to covid this can now be done via video call, or in person.

Under 14 years old

• • 7 pages to fill in
  • This document is meant to be filled out by a parent, guardian etc

• A section from this document will be sent to another parent, guardian etc of the applicant, and they will be given an opportunity to object to this decision.

• You must include a letter from a physician, psychologist, psychiatrist, sexologist or social worker who declares having evaluated or followed you and who is of the opinion that changing this designation is appropriate.
• You will need a commissioner of oaths to ‘supervise’ the above signature on page 2. Thanks to covid this can now be done via video call, or in person.

For all these applications you must:

• Include a legible photocopy of valid photo ID with signature. Hot tip: if you don’t have a signature, create one! If you already do, make sure it looks the same across your documents or they will send your application back. 
• Include a legible photocopy of two proofs of home address, one dated at the most one month and the other at least 12 months from the date on which you file your application – they do not need to be the same address. A single proof of home address is required for the person born in Québec but domiciled elsewhere.

‘X’ Gender Marker

There is not currently a document you will find on the government website describing this exact request/process – instead you are encouraged to fill in the paperwork based on your age group and include a written explanation for why you would like this designation. You may be contacted by the directeur de l’etat civil after sending your application for further documents, including letters from family, friends, coworkers etc who would attest to your identity.  

For migrants, refugees and ‘non-citizens’ 

Folks may change their name and gender marker at the federal level. There are different documents to fill in depending on an individual’s situation – whether you are a refugee claimant, whether you are applying for ‘citizenship’ etc.

Price and fees

The process costs $155.70 across the different applications – you may pay it by cheque or credit card if you’re sending your paperwork via the mail. You may pay with a debit card if you bring it to a service canada office to submit.

Time

This process can take from 3 months to a year depending on the application, and process. For example the applications for name and gender marker change for a person over 18 usually take 3-4 months while someone changing their gender marker to an X may take closer to 6-7 months in my experience – this can vary regardless especially since Covid.

Resources

Contact Project 10 or the Center for Gender Advocacy for help filling in your paperwork.

For free access to a commissioner of oaths contact Project 10.

For migrants and refugees contact the Center for Gender Advocacy or AGIR.

The website for finding the quebec forms in english and french: 

​​http://www.etatcivil.gouv.qc.ca/en/forms-publications.html

The website for changing name/gender marker for migrants, refugees and other ‘non-citizens’

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1253&top=32