Exactly. That's in terms of CBSA's operational practices. “Sex”, in terms of the Customs Act, is interpreted and applied purposively and contextually, not simply in a biological or limited manner. For CBSA, with respect to transgender searches, they provide a choice of officers in terms of the sex or gender of the officers who would be conducting the search of the person, or they would provide a split search option where officers of different sexes would search the person dependingly.
Please correct me, CBSA, if I've misstated anything.
That's an excellent example of where “sex” is used in the legislation and the authority to conduct the search, but in its practice it's applied in a manner that respects gender identity and expression. The intent is the same here, really, with the reference.