- Homosexuality⚢✔ Legal
- Marriage⚭✔ Legal
- Changing Gender✔ Legal, surgery not required
- Adoption✔ Legal
- Discrimination✔ Illegal
- Employment Discrimination✔ Sexual orientation and gender identity
- Housing Discrimination✔ Sexual orientation and gender identity
- Military✔ Legal
- Donating Blood✖ Banned (6-month deferral)
- Age of Consent✖ Unequal
- Conversion TherapyVaries by Region
Public Opinion
History
Current status
(since Jul 20, 2005)
(since Jul 20, 2005)
Legal
Same-sex marriage in Canada became legal with The Civil Marriage Act.
Current status
(since Jan 1, 2014)
(since Jan 1, 2014)
Legal, surgery not required
Under Recent ruling by the Federal Government. Missing non binary options on documents.
Until Jan 1, 2014
Varies by Region
Legal gender change has many different contexts within Canada. Birth certificate is arguably the most recognized authoritative statement of gender. Changes to this document are regulated province by province. Some require proof of surgery for a certificate change, others require a psychologist's statement. For citizens born outside of Canada, recognition is at the federal level in the form of changes to one's certificate of Canadian citizenship and/or passport which at present requires proof of surgery to obtain.
Current status
(since May 25, 1995)
(since May 25, 1995)
Legal
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.
Current status
(since Jun 1, 2017)
(since Jun 1, 2017)
Sexual orientation and gender identity
Protections since 2017. Under revisions to the criminal code and under Bill C-16
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".
Sexual orientation and gender identity
“Gender identity and gender expression” were added by Bill 7, the Alberta Human Rights Amendment Act which received royal assent in 2015.
Current status
Sexual orientation and gender identity
Housing and tenancy typically falls under provincial jurisdiction.
Current status
(since Oct 10, 1992)
(since Oct 10, 1992)
Legal
LGBT soldiers are permitted to serve in the Canadian military.
Current status
(since May 9, 2019)
(since May 9, 2019)
Banned (6-month deferral)
Banned with 3 months deferral
Banned (3-month deferral)
Deferral period changed from 6 months to 3 months for MSM donors.
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 (1-year deferral)
According to Canadian Blood Bank. Since 2016. Prime minister Justin Truedau is trying to get this legalized.
Banned (5-year deferral)
Health Canada changed the indefinite deferral period to a 5-year deferral, effective July 22, 2013.
Current status
Varies by Region
Conversion therapy in Canada is not yet banned at a Federal level and many ex-gay organizations and groups who endorse conversion/reparative therapy continue to operate as registered charities. Some provinces have made gestures or passed laws to make conversion therapy illegal both for sexual orientation and gender identity.
Banned
Not banned
- Alberta 2017
- New Brunswick
- Newfoundland and Labrador
- Northwest Territories
- Nova Scotia
- Nunavut
- Prince Edward Island
- Quebec
- Saskatchewan
- Yukon Territory
Ambiguous
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)