- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, surgery not required
- Non-binary gender recognition
- ✔ Recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
Public Opinion
Surveys in Canada have shown mixed views towards LGBTQ+ rights and issues.
OPPOSE
SUPPORT
History
Same-sex marriage in Canada is legal.
Current status
Since Jul 20, 2005
Since Jul 20, 2005
Legal
Same-sex marriage in Canada became legal with The Civil Marriage Act.
Censorship of LGBT Issues in Canada is no censorship.
Current status
No censorship
In Canada, there are no laws restricting to discussion or promotion of LGBTQ+ topics. In 2020 a whistleblower revealed that staff at the Canadian Museum for Human Rights had been told by management to censor LGBTQ exhibits, a move which was condemned by Federal Heritage Minister Steven Guilbeault.
Right to change legal gender in Canada is legal, surgery not required.
Current status
Since 2017
Since 2017
Legal, surgery not required
Changing legal gender is a provincial matter. Since 2017, all provinces and territories now allow their residents to change their official gender marker without surgery.
Varies by Region
Most provinces in canada require surgery to legally change gender, however, since 2012 Ontario has not required surgery to change gender.
Until Apr 11, 2012
Legal, but requires surgery
Requires surgery for sex change.
Legal recognition of non-binary gender in Canada is recognized.
Current status
Since Aug 31, 2017
Since Aug 31, 2017
Recognized
The Canadian federal government now allows individuals to put "X" on their passport to indicate an unspecified gender.
LGBT discrimination in Canada is illegal.
Current status
Since Jan 1, 2017
Since Jan 1, 2017
Illegal
Bill C-16 amended the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination.
LGBT employment discrimination in Canada is sexual orientation and gender identity.
Current status
Since Jun 19, 2017
Since Jun 19, 2017
Sexual orientation and gender identity
Bill C-16 received Royal Ascent on 19 June 2017, revising the Canadian Human Rights Act and the Criminal Code.
Sexual orientation only
Federal human rights law applies directly to only federal government employment and employers which fall under federal jurisdiction. Gender identity is only implicitly protected under interpretation of the law by the Canadian Human Rights Tribunal. Attempts have been made to have gender identity and gender expression added as protected classes to both the Canadian Human Rights Act and Criminal Code, though none of these attempts so far has been successful.
Provincial human rights acts are separate, but Supreme Court precedent exists for requiring provinces to protect the same classes as the Canadian Human Rights Act. At this time all provinces protect against employment discrimination on the basis of sexual orientation. Of the provinces only Ontario has explicit protection on the basis of both gender identity and gender expression in its human rights code, though several provide implicit protections on the basis of gender identity or "transsexualism" under the category of "sex" or "gender".
Provincial human rights acts are separate, but Supreme Court precedent exists for requiring provinces to protect the same classes as the Canadian Human Rights Act. At this time all provinces protect against employment discrimination on the basis of sexual orientation. Of the provinces only Ontario has explicit protection on the basis of both gender identity and gender expression in its human rights code, though several provide implicit protections on the basis of gender identity or "transsexualism" under the category of "sex" or "gender".
Same-sex adoption in Canada is legal.
Current status
Since May 25, 1995
Since May 25, 1995
Legal
Homosexual Couples can legally adopt children
Serving openly in military in Canada is legal.
Current status
Since Oct 10, 1992
Since Oct 10, 1992
Legal
LGBT soldiers are permitted to serve in the Canadian military.
Blood donations by MSMs in Canada is legal.
Current status
Since Sep 30, 2022
Since Sep 30, 2022
Legal
After having a 3 month deferral for MSMs to donate blood was deemed unfair, it is now completely legal for MSMs to donate blood with no deferral as long as they have been tested negative for HIV, which everyone has to do before donating blood, regardless of sexuality.
Banned (1-year deferral)
Health Canada approved Canadian Blood Services’ proposal to reduce the blood donation ineligibility period for men who have sex with men from five years to one year.
Banned (5-year deferral)
Health Canada changed the indefinite deferral period to a 5-year deferral, effective July 22, 2013.
LGBT Rights by Province
View the LGBT laws in each individual province of Canada.
- Prince Edward Island
- Quebec
- Saskatchewan
- Northwest Territories (Territory)
- Nunavut (Territory)
- Yukon Territory (Territory)