Modernizing the Government of Canada's Sex and Gender Information Practices: summary report

In September 2018, the Treasury Board of Canada Secretariat and the Department of Justice Canada presented a report to the Clerk of the Privy Council with recommendations on ways to modernize how the Government of Canada handles information on sex and gender.

The Treasury Board of Canada Secretariat has dedicated resources to help departments and agencies implement the recommendations in this report. 

Departments and agencies will implement the recommendations in ways that are incremental and practical. Some have already taken steps to improve their practices. The idea is to begin with initial steps and embed gender diversity in longer-term efforts for business modernization. Full implementation of new practices and processes may take several years.

Summary of the Report to the Clerk of the Privy Council by the Treasury Board of Canada Secretariat and the Department of Justice Canada

September 2018

On this page 

Context

The Government of Canada is committed to:

  • modernizing how it delivers services to individuals, both at home and abroad
  • ensuring that its policies, programs and initiatives are inclusive of all individuals

In November 2016, the Clerk of the Privy Council asked the Treasury Board of Canada Secretariat and the Department of Justice Canada to lead and coordinate efforts to modernize how the Government of Canada collects, uses and displays sex and gender information. These modernization efforts include introducing a new gender identifier (“X”) across federal programs and services.

In October 2018, Treasury Board of Canada Secretariat and the Department of Justice Canada reported their findings to the Clerk which included their recommended Policy Direction to Modernize the Government of Canada’s Sex and Gender Information Practices.

Sex and gender in the Government of Canada

An important principle of the policy direction is that sex and gender are separate personal characteristics:

  • sex refers to biological characteristics, such as male, female or intersex
  • gender refers to a social identity, such as man, woman, non-binary or two-spirit

For many individuals, the distinction between sex and gender is not important. They will simply check the “M” or the “F” on a form without a second thought. However, the distinction between sex and gender is very important for those who have a gender identity or lived experience that does not align with their sex at birth. Studies have shown that people who have identity documents that do not correspond with their lived gender are more likely to face discrimination and violence.

In summer 2016, the Treasury Board of Canada Secretariat conducted a preliminary review of sex and gender information practices across the federal government. This review determined that the federal government uses sex and gender information for important purposes, including:

  • administering programs
  • analyzing demographics
  • setting gender-equity policy objectives

How the government uses this information

  • Sex information:
    • is a fundamental component of vital and demographic statistics
    • serves to calculate population estimates
  • Sex and gender information:
    • serves to monitor demographic, social and health trends
    • supports evidence-based policy-making and decision-making
    • supports gender-based equality measures, including pay and employment equity and gender-based analysis plus (GBA+)
  • For example, government programs use sex and gender information:
    • to deliver benefits, such as maternity leave benefits
    • for operational purposes, such as determining housing in places of detention and the military
    • to conduct searches and risk assessments at border crossings
  • Some departments and agencies also issue identity documents that include sex or gender information, such as:
    • passports
    • permanent resident cards
    • firearms licences

The preliminary review determined that the government’s current approach to sex and gender information may be contributing to challenges faced by transgender, non-binary and two-spirit individuals. For example, gender-diverse people can be “outed” or discriminated against when they have identity documents that do not match their lived gender.

The review also underlined the need to align federal information practices with provincial and territorial best practices in order to continue delivering services in coordination with provincial and territorial partners.

Steps taken by federal organizations

Some federal organizations have already started making changes to improve data collection practices and accommodation for people who are transgender, non-binary and two-spirit. For example:

  • Statistics Canada recently released recommended standards with new sex and gender variables and classifications
  • Service Canada has begun offering a non-binary gender option using the “X” identifier when collecting information for the Social Insurance Register and Canadian passports

Engagement

In January 2017, the Treasury Board of Canada Secretariat and the Department of Justice Canada launched an interdepartmental process to develop a framework for a government-wide policy direction. Three key objectives guided this work:

  • promoting the respect, inclusion and personal safety of transgender, non-binary and two-spirit people
  • supporting the collection of accurate sex and gender data for government operations, analysis and evidence-based decision-making
  • protecting the personal information of individuals

The policy framework was validated and refined through:

  • consultation and collaboration with:
    • federal departments and agencies
    • provinces and territories
    • academics and experts
    • members of the transgender, non-binary and two-spirit community
    • public opinion research
  • analysis of:
    • other jurisdictions
    • the risks and impacts

Complexity

Full implementation of the policy direction would:

  • have significant policy and operational implications
  • be transformational
  • take several years to complete

Full implementation would require:

  • coordinated changes to legislation, policies and processes
  • synchronized changes to information technology systems in consultation with internal and external data-sharing partners

In some cases, the changes would require negotiation with other jurisdictions.

Interconnected systems are critical to the operations and delivery of government services in areas such as:

  • employment
  • immigration
  • pensions
  • travel
  • security screening
  • law enforcement

Coordination will be key to identifying and addressing technical and program interdependencies. It will be important to ensure that there is alignment among federal organizations and with other jurisdictions.

In light of the above-mentioned complexities, the Treasury Board of Canada Secretariat and the Department of Justice Canada recommend that:

  • as a first step, federal departments and agencies review their sex and gender information practices in alignment with the policy direction
  • the policy direction be implemented incrementally and in a cost-effective manner

Policy Direction to Modernize the Government of Canada’s Sex and Gender Information Practices

In this section

Objectives

The government-wide policy direction aims to balance the following objectives:

  • promoting the respect, inclusion and personal safety of transgender, non-binary and two-spirit people
  • supporting the collection of accurate sex and gender data for government operations, analysis and evidence-based decision-making
  • protecting the personal information of individuals

Scope of application

This policy direction applies to all departments and agencies in the core public administration that:

  • collect sex or gender information from the public
  • collect or maintain information collected by the government as an employer (in applications for jobs, for security clearances, within personnel files)
  • produce identity documents that display sex or gender information

Policy direction

Collection: ensure a clear rationale for the collection of sex or gender information

Policy objective: To ensure collection of personal information is in accordance with the Privacy Act and to enable government programs to gather data to meet equity and evidence-based policy objectives.

  1. Departments and agencies should review their information practices to ensure that the sex and gender information that is collected is directly related to an operating program or activity (for example, for operational decisions, program and service delivery, research, statistical analysis and gender-based analysis), which is an existing requirement under the Privacy Act. Note that sex or gender information collected about an identifiable individual is personal information under the act.
  2. As part of the review process, departments and agencies should examine the rationale for collecting this information. Collection of sex or gender information for gender-based analysis purposes is encouraged as an integral part of evidence-based government policy- and decision-making. Departments that choose to make optional the collection of sex or gender information should carefully consider the impact of this choice on the quality and reliability of their sex and gender data.

Display: ensure a clear rationale for the display of sex or gender information

Policy objective: To enhance the privacy of individuals by eliminating unnecessary display of sex or gender information.

  1. Departments and agencies should display sex or gender information only in specific cases where there is a clear program rationale, such as security or requirements set by international agreements (e.g. for travel documents). “Display” refers to showing an individual’s sex or gender information on public-facing documents.
  2. As information practices are being reviewed, departments and agencies should examine the rationale for collecting and displaying sex or gender information separately from each other, as in some cases it may be relevant to collect sex or gender information, but not to display it.

Default to gender: sex information to be used by exception

Policy objective: To ensure that the gender of transgender, non-binary and two-spirit individuals is accurately represented on identification documents and in personal records, while noting that in some cases sex information may be required to fulfill a program need.

  1. Sex refers to biological characteristics, whereas gender refers to a social and personal identity. Departments and agencies should collect or display gender information by default, unless sex information is specifically needed.

    If display of a sex identifier is necessary (for example, due to international standards or regulatory requirements), an exception should be made for transgender, non-binary and two-spirit individuals whose sex identifier does not align with their gender, so that their identity document is consistent with their gender.
  2. Departments and agencies should only collect or display sex information by exception, when biological information is necessary to fulfill the specific needs of programs or services (for example, for health-related purposes or to record vital and demographic statistics). In those cases, departments and agencies are encouraged to ask either for “sex assigned at birth” or the sex-related characteristic that is relevant for the specific purpose (for example, the presence of certain anatomical characteristics or hormones). Departments and agencies may collect and use sex and gender information if they determine that their activity or program requires both.

Non-intrusive change of identifier: implementing a consistent approach to changing information that supports program integrity

Policy objective: To ensure that individuals are able to obtain identity documents and personal records that align with their gender while supporting the integrity of government programs.

  1. Departments and agencies should implement non-intrusive requirements for updating sex or gender information that are proportionate to the level of security required by a program under the Treasury Board Guideline on Identity Assurance. A statutory declaration by the individual or, in certain situations, a third-party attestation supporting the application should be considered sufficient to change sex or gender information.
  2. If an individual has a foundational identity document (for example, a birth certificate) with the requested gender identifier, that document should serve as proof of gender. However, an amended birth certificate should not be a prerequisite for individuals who wish to change their gender information in a federal program or service.

Non-binary gender information: introducing a non-binary gender option

Policy objective: To provide individuals with a non-binary option that better reflects their gender while enabling government collection of more inclusive gender data.

  1. Departments and agencies should update their practices, databases and products with a non-binary gender option as follows:
    1. At collection, provide at least three options, with the third option being respectful and inclusive of non-binary and two-spirit people.

      The recommended approach is to offer the choice between “male,” “female” or “another gender.” (In French, « Masculin », « Féminin » ou « Un autre genre »). Although male and female are biological sex categories, they are the recommended gender terms because of their widespread usage and familiarity to the public.

      Departments and agencies that need more detailed gender information (for example, for statistical, research or analytical purposes) can consider offering an open-ended text field after “male” and ”female,” such as “please specify your gender” followed by a blank field to allow the respondent to specify their own gender. (In French, «Masculin», « Féminin » ou « Veuillez préciser votre genre »)
    2. For display purposes, the corresponding identifiers in English and French are “M,” “F” and “X”, respectively.
  2. The “X” identifier is an option that may be chosen by individuals who do not identify exclusively as male or female. Given the need to have accurate gender data for decision-making, vital and demographic statistics, GBA+ and other purposes, the “X” identifier should not be provided as an option for people who do not wish to provide gender information.

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