Air Travel Advisory for Trans People
On October 9, 2010 and July 29th, 2011 the Harper Government made changes to the Identity Screening portions of the Aeronautics Act as follows:
5.2 (1) An air carrier shall not transport a passenger if
(a) the passenger presents a piece of photo identification and does not resemble the photograph;
(b) the passenger does not appear to be the age indicated by the date of birth on the identification he or she presents;
(c) the passenger does not appear to be of the gender indicated on the identification he or she presents; or
(d) the passenger presents more than one form of identification and there is a major discrepancy between those forms of identification.
(c) and (d) carry drastic consequences for a large portion of the population whose gender markers do not match their presentation on all or some of their identification. These individuals face a fine of $5,000 for attempting to travel on a flight originating in Canada.
** Without Prejudice **
These are not legal advice, but have helped to avoid the fine, charges, and keep your flight as scheduled!
If you must travel by air in Canada the best way to try your best to avoid problems is to keep medical records with you at all times while flying including a medical note stating your medical condition and why your presentation does not match your identification.
Make sure your ticket is purchased in the name on your identification.
If you will qualify within 12 months to update the M/F marker on your birth certificate then get your passport in your felt gender:
From Passport Canada
A limited validity passport may be issued in an assumed sex to an applicant who provides medical documentation indicating that he or she will be undergoing sex reassignment surgery in the next twelve months. Please be advised that the passport will be valid for two years and will not be extended. You will also have to complete and sign a Request for a Canadian passport indicating a sex other than the sex shown on my documentary evidence of citizenship, Form PPTC 152, acknowledging awareness that you may encounter difficulties with a passport issued showing your assumed sex. Please note that you may obtain Form PPTC 152 at any Passport Canada Office. For Passport Canada's hours of operation and service locations, please visit our website at: www.pptc.gc.ca/service/index_e.aspx
We have no information at this time regarding body scanners and how this screening information affects men without penises and/or breasts or women with penises. There is no definition of what constitutes "does not appear to be of the gender indicated on the identification", which leaves the decision entirely to the screening employee.