August 25, 2017 – Canada’s federal government has announced it will implement gender neutrality on passports and other immigration documents.
Immigration Minister Ahmed Hussen has announced those who do not identify as male or female will be able to indicate their gender with an ‘X’.
The new designation will begin on August 31, with interim measures in place until Immigration, Refugees and Citizenship Canada is able to print the documents.
Hussen said: “All Canadians should feel safe to be themselves, live according to their gender identity and express their gender as they choose.
“By introducing an ‘X’ gender designation in our government-issued documents, we are taking an important step towards advancing equality for all Canadians regardless of gender identity or expression.”
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IRCC will be the first Canadian government department to implement the change. The move comes after the Canadian Human Rights Act was amended this summer to add gender identity and gender expression to the list of prohibited grounds of discrimination.
The Canadian government says it will work towards a ‘consistent federal approach’ when it comes to gender neutrality.
Canada also recently made changes to its Citizenship Act, making it easier for permanent residents to make the transition.
The changes are being made after Bill C-6 was given Royal Assent on June 19, 2017.
They will be phased in with some taking place immediately, others in fall 2017 and the final modifications in early 2018.
The table below outlines when new changes will be made under the Canada Citizenship Act with comparisons to the old law.
Immediate Changes (As of June 19, 2017)
| Previous Citizenship Act | Citizenship Act with Bill C-6 Amendments |
| Citizenship could be revoked from dual citizens convicted of treason, spying and terrorism offences, depending on the sentence received, or who were a part of an armed force of a country or organized group engaged in conflict with Canada. | This provision is repealed. Dual citizens living in Canada who are convicted of these crimes will face the Canadian justice system, like other Canadian citizens who break the law. |
| Applicants were required to intend to continue to live in Canada if granted citizenship. | This provision is repealed. Applicants are no longer required to intend to continue to live in Canada once granted citizenship. This provides more flexibility to Canadians who may need to live outside of Canada for work or personal reasons. |
| The Minister had the discretion to waive certain requirements under subsection 5(1) of the Citizenship Act so a minor could obtain citizenship without a Canadian parent. | Minors can now apply for citizenship without a Canadian parent, as the age requirement for citizenship has been removed under subsection 5(1). A person having custody of the minor or empowered to act on their behalf by court order, written agreement or operation of law, can now apply for citizenship on behalf of the minor, unless that requirement is waived by the Minister. |
| No provision existed to prevent individuals serving a sentence in the community (a conditional sentence order) from being granted citizenship, taking the Oath of Citizenship or counting this time towards meeting the physical presence requirements for citizenship. | Individuals serving a conditional sentence will not be granted citizenship, take the Oath of Citizenship, or be able to count this time towards meeting the physical presence requirements for citizenship. |
| The Minister has the discretion to grant citizenship to a person to alleviate cases of special and unusual hardship, or to reward services of an exceptional value to Canada. | Statelessness has been added as a stand-alone ground that can be considered for a discretionary grant of citizenship. |
| The Department has reasonable measures to accommodate the needs of citizenship applicants. However, there was no explicit reference to accommodate persons with disabilities in the Citizenship Act. | The requirement to take into consideration reasonable measures to accommodate the needs of a citizenship applicant who is a disabled person is now included in the Citizenship Act. |
| The requirement for applicants to maintain the requirements for citizenship from the time they apply for citizenship until taking the Oath of Citizenship only applied to applications received on or after June 11, 2015. | This requirement now also applies to all applications, including those received before June 11, 2015. |
Changes to Take Effect Fall 2017
| Previous Citizenship Act | Citizenship Act with Bill C-6 Amendments |
| Applicants had to be physically present in Canada for four out of six years before applying for citizenship. | Applicants must be physically present in Canada for three out of five years before applying for citizenship. |
| Applicants had to file Canadian income taxes, if required to do so under the Income Tax Act, for four out of six years, matching the physical presence requirement. | Applicants must file Canadian income taxes, if required to do so under the Income Tax Act, for three out of five years, matching the new physical presence requirement. |
| Applicants had to be physically present in Canada for 183 days in four out of the six years preceding their application. | This provision is repealed. Applicants no longer have to meet this requirement. |
| Time spent in Canada prior to becoming a permanent resident did not count towards the physical presence requirement for citizenship. | Applicants may count each day they were physically present in Canada as a temporary resident or protected person before becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship, up to a maximum credit of 365 days. |
| Applicants between 14 and 64 years had to meet the language and knowledge requirements for citizenship. | Applicants between 18 and 54 years must meet the language and knowledge requirements for citizenship. |
Changes to Take Effect Early 2018
| Previous Citizenship Act | Citizenship Act with Bill C-6 Amendments |
| The Minister was the decision-maker for most cases of citizenship revocation on the grounds of false representation, fraud, or knowingly concealing material circumstances. The Federal Court was the decision-maker for citizenship revocation cases involving false representation, fraud, or knowingly concealing material circumstances related to security, human or international right violations, and organized criminality. | The Federal Court is the decision-maker in all revocation cases, unless the individual requests that the Minister make the decision. |
| There was no clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents provided under the Citizenship Act. | Clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents is provided under the Citizenship Act. |
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