Welcome to JFCY’s Legal Wiki which provides information about the legal rights of children and youth in Ontario. Click here to download this information from our Publications page. Please contact us if you have any questions or trouble finding the information that you seek. You should speak to a lawyer for legal advice since laws often change.
Government-Issued Identification
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How do I change the sex designation on my identity documents
The first step in changing the sex designation on identity documents is to make the change on your birth record or birth certificate.
If you are 15 years of age or under, you will apply as a child and you will need:
- Written consent from yourself and of all persons with legal custody of you.
- Proof of notice to all persons with legal access to you.
- A letter signed by a physician or psychologist that supports your requested change.
If you are 16 or 17 years of age, you can apply as a child (described above) or as an adult. To apply as an adult, you will need:
- A statutory declaration, from yourself, as the adult applying for change of sex designation.
- A letter signed by a physician or psychologist that supports your requested change.
For both a child and an adult, your birth must have been registered in Ontario.
Download forms from the ServiceOntario website
Or you can call ServiceOntario and they can send you blank forms in the mail: 1-800-461-2156.
I disagree with the requirement that I need a letter signed by a physician or psychologist to support my request. Could this change?
Yes. The requirements to change the sex designation on an identity documents are constantly changing.
In 2012, Ontario became the first province in Canada to allow a sex designation change on a birth certificate without first undergoing specific surgeries.
Many human rights advocates continue to fight for other changes, such as self-identification as the only requirement to change the sex designation on identification.
As of June 2016, Ontario stopped displaying a sex designation on Health Cards.
As of March 2017, Ontario has included gender identifier of ‘X’ on Driver’s Licenses.
As of June 4, 2019, Canadian passport and immigration documents offers the choice of “X” gender identifier.
The law continues to change. You should speak to a lawyer for advice about your specific situation.
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Youth Criminal Justice
The Youth Criminal Justice Act (YCJA) provides unique rights and procedures for young people between the ages of 12 - 17 who are charged with a criminal offence in Canada.
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Education
Going to school is a legal requirement for young people between the ages of 6 and 17. The Education Act gives parents and children specific rights in the publicly funded school system.
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Leaving Home
In Ontario, you can choose where you live when you are 16 years old. The decision to leave is often not easy and can lead to difficulties in getting all your belongings, having enough money to support yourself and attending school.
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Health & Mental Health
Become informed about your legal rights when it comes to decisions about your healthcare and mental healthcare treatment. This includes any procedure carried out or prescribed by a health practitioner to diagnose or treat a physical or mental health condition.
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Discrimination and LGBTQI2S Rights
The Ontario Human Rights Code protects you from discrimination on many grounds and in many social areas. Specific legal concerns raised by youth identifying in LGBTQI2S communities are about GSAs, Trans and Gender Inclusive Spaces and changing their ID.
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Human Rights Protection
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Making a Claim
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LGBTQI2S Legal Rights
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GSAs & LGBTQ-Specific School Groups
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Trans-Inclusion & Gender Segregated Spaces
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Government-Issued Identification
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How do I change the sex designation on my identity documents
The first step in changing the sex designation on identity documents is to make the change on your birth record or birth certificate.
If you are 15 years of age or under, you will apply as a child and you will need:
- Written consent from yourself and of all persons with legal custody of you.
- Proof of notice to all persons with legal access to you.
- A letter signed by a physician or psychologist that supports your requested change.
If you are 16 or 17 years of age, you can apply as a child (described above) or as an adult. To apply as an adult, you will need:
- A statutory declaration, from yourself, as the adult applying for change of sex designation.
- A letter signed by a physician or psychologist that supports your requested change.
For both a child and an adult, your birth must have been registered in Ontario.
Download forms from the ServiceOntario website
Or you can call ServiceOntario and they can send you blank forms in the mail: 1-800-461-2156.
I disagree with the requirement that I need a letter signed by a physician or psychologist to support my request. Could this change?
Yes. The requirements to change the sex designation on an identity documents are constantly changing.
In 2012, Ontario became the first province in Canada to allow a sex designation change on a birth certificate without first undergoing specific surgeries.
Many human rights advocates continue to fight for other changes, such as self-identification as the only requirement to change the sex designation on identification.
As of June 2016, Ontario stopped displaying a sex designation on Health Cards.
As of March 2017, Ontario has included gender identifier of ‘X’ on Driver’s Licenses.
As of June 4, 2019, Canadian passport and immigration documents offers the choice of “X” gender identifier.
The law continues to change. You should speak to a lawyer for advice about your specific situation.
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Provincial Offences
You can be given a ticket for breaking a provincial law if you are over the age of 16. Some of the common laws that young people are given tickets for is covered in this section.
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Family: Discipline, Children's Aid Societies, Parenting and Contact Orders
In family law, the rights of children are unique. Become informed about going into and being in the care of a Children's Aid Society, when parents can assault you (corporal punishment / spanking exemption to assault), and your right to be heard when your parents are splitting up.
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Immigration & Refugee
JFCY's Childhood Arrivals and Support & Advocacy Program (CASA) provides services to young people who arrived in Canada as children and are living in Ontario without immigration status.
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Homeless Youth Over 18
Street Youth Legal Services (SYLS) is a program that provides information and services for homeless youth between the ages of 16 - 25. These are some of the common issues that the SYLS lawyer is asked about.