The information provided in this post does not and is not intended to constitute legal advice but is for general information purposes only.
By: Jadrien Hong and Krista Nasartschuk
Gender transition is a deeply personal journey undertaken by some individuals whose gender identity differs from the sex they were assigned at birth. As part of this journey, many choose to transition legally, which involves revising legal identification documents – including birth certificate, Social Insurance Number (SIN), Health Card (Medicare), Driver’s License and/or NB Identification Card, and passport – to reflect their updated name and gender identifier.
Navigating the legal transition process can be stressful and time consuming, in part because much of the instructional information is spread across multiple sources. The following guide is intended to consolidate that information into a single resource to help individuals navigate the legal transition process in New Brunswick. Please note that this guide uses the information available at the time of publications (June 2024) and the process may change; if readers note that edits are required to bring this guide up to date, please contact us. The information provided in this post does not and is not intended to constitute legal advice but is for general information purposes only.
Some of the applications described below require that declarations be made before a Commissioner of Oaths or Notary Public, which add to the already significant effort and expense of the legal transition process. In recognition of this, and in support of New Brunswick’s queer community, Foster & Company is proud to offer the services of a Commissioner of Oaths and Notary Public for individuals going through the legal transition process at no charge. If you would like to schedule an appointment, please contact us.
Provincial Documents
New Brunswick’s department of Vital Statistics manages the collection, storage, maintenance, and retrieval of information concerning births, deaths, and marriages, as well as the associated documentation, including birth certificates, marriage licenses, death certificates. The first step in the legal transition process is to apply for a Change of Name and Change of Sex Designation though Vital Statistics to be issued a new birth certificate.
For an individual to change their registered name in New Brunswick, they must have resided within the province for a minimum of three months prior to submitting the application. Vital Statistics provides instruction and application form booklets on its website for those seeking to change their names: Change of Name of Adults and Change of Name for Children. This guide will focus on the process for adults.
The fee to change a registered name of first and middle names only is $115; if the change includes the last name the fee is $130. In addition to the application form, different documents are required depending on your citizenship status and birth location, some of which must be originals or certified copies, other which may be photocopies. The form, fee, and additional document is submitted to Vital Statistics/Service New Brunswick by mail.
As part of the Change of Name application, two declarations must be made before a Commissioner of Oaths or Notary Public. One declaration must be made by the applicant, stating that the information submitted is true and the application is made in good faith and for no improper purpose. The other declaration must be made by the applicant’s sponsor – who must have known the applicant personally for two or more years prior to the application and must not be a family member – who confirms the applicant’s identity. Foster & Company is proud to offer the services of a Commissioner of Oaths and Notary Public for individuals going through the legal transition process at no charge; please contact us to schedule an appointment.
For an individual to change their gender identifier or marker in New Brunswick, they must have resided within the province for a minimum of three months prior to submitting the application. Vital Statistics provides instructions and forms on its website for those seeking to change their sex designation: Change of Sex Designation – Adult, and Change of Sex Designation – Child. This guide will focus on the process for adults.
There is no fee to change sex designation. The application can be submitted to Vital Statistics by mail.
As part of the application form, applicants must provide two written statements. One statement must be written by the applicant, stating that they have assumed, identify with, and intend to maintain the gender identity that corresponds with the change request. The other statement must be written by a health professional lawfully entitled to practice their profession (physician, psychologist, nurse practitioner, registered nurse, or social worker), affirming that the sex designation shown on the applicant’s birth certificate does not correspond with the applicant’s gender identity.
After completing the Change of Name and Change of Sex Designation applications, the individual’s New Brunswick Health Card may be changed though Medicare by submitting the Medicare Updates and Changes form. This change request must be submitted with documentation to support the applicant’s identity, which is why the individual must complete the Change of Name and Change of Sex Designation processes to receive a new birth certificate before revising their Health Card.
The change request may be submitted online or at a Service New Brunswick Centre.
Section 8 provides instructions for the different types of change requests and should be reviewed prior to completing the application. Under section 8, list 3 provides instructions based on the type of change, with 3.4 informing name changes and subsection 3.5 informing gender changes. The individual’s previous and new names will be filled in on the form under subsection 5.1 and their gender change will be filled in on the form under subsection 5.3.
Driver’s License and/or NB Identification Card
After completing the Change of Name and Change of Sex Designation applications, the individual’s New Brunswick Driver’s License may be changed though the Motor Vehicle branch of Service New Brunswick with the Application for Change of Name form and the individual’s new birth certificate. As a new photo is required, this change can only be done in person at a Service New Brunswick Centre.
As part of the Application for Change of Name form, the applicant must make a declaration before a Commissioner of Oaths or Notary Public that the statements made in the application are true and the application is made in good faith and for no other purpose. Foster & Company is proud to offer the services of a Commissioner of Oaths and Notary Public for individuals going through the legal transition process at no charge; please contact us to schedule an appointment.
To change their name on their NB Identification Card, individuals must submit documents to prove their identity and New Brunswick residency along with their Certificate of Name Change. As a new photo is required, this change can only be done in person at a Service New Brunswick Centre.
Federal Documents
After completing the Change of Name and Change of Sex Designation applications and receiving their new birth certificate, the individual will need to apply for a new passport by submitting the Adult General Passport Application with the following:
- Current Canadian passport (if any)
- Documentation supporting identity (ex. Driver’s License/NB Identification Card)
- New birth certificate
- Proof of citizenship showing legal new name OR proof of citizenship showing old name and a legal name change certificate showing both old and new name
- Passport photos
If the supporting documents do not show the correct gender identifier, an additional form will also need to be submitted: Request – Sex or Gender Identifier – Adult or Request – Sex or Gender Identifier – Child.
Passport applications can be submitted by mail or in person at a Service Canada Centre or Passport Program regional office.
An individual may update the information linked to their Social Insurance Number (SIN) by submitting a SIN application with a primary identity document (ex. birth certificate), a secondary document issued by a Canadian government (or a foreign passport) showing legal name and date of birth (ex. Driver’s License/NB Identification Card). If the name on any provided document is different from the name on the SIN application, a legal document stating the most recent used name is also required (ex. legal change of name certificate).
The application can be completed online through the applicant’s My Service Canada Account, by mail, or in person at a Service Canada Centre.
