Bill C-4: An Act to amend the Criminal Code (conversion therapy)

R.S., c. C- 46 Criminal Code 1 (1) Subsection 164(1) of the Criminal Code is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e): (f) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is an advertisement for conversion therapy. 2018, c. 29, s. 12(2) (2) Subsections 164(3) to (5) of the Act are replaced by the following: Owner and maker may appear (3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, child pornography, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter. Order of forfeiture (4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct. Disposal of matter (5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired. 2014, c. 25, s. 46(4) (3) Subsection 164(7) of the Act is replaced by the following: Consent (7) If an order is made under this section by a judge in a province with respect to one or more copies of a publication, a representation, written material or a recording, no proceedings shall be instituted or continued in that province under section 162, 162.1, 163, 163.1, 286.4 or 320.103 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General. (4) Subsection 164(8) of the Act is amended by adding the following in alphabetical order: advertisement for conversion therapy  means any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to promote or advertise conversion therapy contrary to section 320.103; ( publicité de thérapie de conversion ) 2014, c. 25, s. 46(5) 2 (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following: Warrant of seizure 164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material  —  namely, child pornography as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child pornography, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy available  — that is stored on and made available through a computer system as defined in subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to 2014, c. 25, s. 46(6) (2) Subsection 164.1(5) of the Act is replaced by the following: Order (5) If the court is satisfied, on a balance of probabilities, that the material is child pornography as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, it may order the custodian of the computer system to delete the material. 2014, c. 25, s. 46(7) (3) Subsection 164.1(7) of the Act is replaced by the following: Return of material (7) If the court is not satisfied that the material is child pornography as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order under paragraph (1)(b). 3 Paragraph (a) of the definition offence in section 183 of the Act is amended by (a) adding the following after subparagraph (xlvi): (xlvi.1) section 273.3 (removal of child from Canada), (b) adding the following after subparagraph (liii): (liii.1) section 320.102 (conversion therapy), 2019, c. 25, s. 98 4 Paragraph 273.3(1)(c) of the Act is replaced by the following: (c) under the age of 18 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272, 273 or 320.102 in respect of that person; or 5 The Act is amended by adding the following after section 320.1: Conversion Therapy Definition of conversion therapy 320. 101 In sections 320.102 to 320.104, conversion therapy means a practice, treatment or service designed to (a) change a person’s sexual orientation to heterosexual; (b) change a person’s gender identity to cisgender; (c) change a person’s gender expression so that it conforms to the sex assigned to the person at birth; (d) repress or reduce non-heterosexual attraction or sexual behaviour; (e) repress a person’s non-cisgender gender identity; or (f) repress or reduce a person’s gender expression that does not conform to the sex assigned to the person at birth. For greater certainty, this definition does not include a practice, treatment or service that relates to the exploration or development of an integrated personal identity — such as a practice, treatment or service that relates to a person’s gender transition — and that is not based on an assumption that a particular sexual orientation, gender identity or gender expression is to be preferred over another. Conversion therapy 320. 102 Everyone who knowingly causes another person to undergo conversion therapy — including by providing conversion therapy to that other person — is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) guilty of an offence punishable on summary conviction. Promoting or advertising 320. 103 Everyone who knowingly promotes or advertises conversion therapy is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. Material benefit 320. 104 Everyone who receives a financial or other material benefit, knowing that it is obtained or derived directly or indirectly from the provision of conversion therapy, is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. Coming into Force 30th day after royal assent 6 This Act comes into force on the 30th day after the day on which it receives royal assent.