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First Session, Forty-fourth Parliament, |
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70 Elizabeth II, 2021 |
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STATUTES OF CANADA 2021 |
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CHAPTER 24 |
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An Act to amend the Criminal Code |
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(conversion therapy) |
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ASSENTED TO |
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DECEMBER 8, 2021 |
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BILL C-4 |
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Page 2 |
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SUMMARY |
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This enactment amends the Criminal Code to, among other |
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things, create the following offences: |
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(a) causing another person to undergo conversion therapy; |
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(b) doing anything for the purpose of removing a child from |
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Canada with the intention that the child undergo conversion |
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therapy outside Canada; |
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(c) promoting or advertising conversion therapy; and |
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(d) receiving a financial or other material benefit from the |
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provision of conversion therapy. |
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It also amends the Criminal Code to authorize courts to order |
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that advertisements for conversion therapy be disposed of or |
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deleted. |
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Available on the House of Commons website at the following address: |
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www.ourcommons.ca |
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2021 |
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70 ELIZABETH II |
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CHAPTER 24 |
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An Act to amend the Criminal Code (conversion ther- |
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apy) |
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[Assented to 8th December, 2021] |
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Preamble |
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Whereas conversion therapy causes harm to the per- |
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sons who are subjected to it; |
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Whereas conversion therapy causes harm to society |
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because, among other things, it is based on and |
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propagates myths and stereotypes about sexual ori- |
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entation, gender identity and gender expression, in- |
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cluding the myth that heterosexuality, cisgender gen- |
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der identity, and gender expression that conforms to |
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the sex assigned to a person at birth are to be pre- |
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ferred over other sexual orientations, gender identi- |
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ties and gender expressions; |
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And whereas, in light of those harms, it is important |
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to discourage and denounce the provision of conver- |
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sion therapy in order to protect the human dignity |
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and equality of all Canadians; |
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Now, therefore, Her Majesty, by and with the advice |
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and consent of the Senate and House of Commons of |
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Canada, enacts as follows: |
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R.S., c. C-46 |
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Criminal Code |
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1 (1) Subsection 164(1) of the Criminal Code is |
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amended by striking out “or” at the end of para- |
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graph (d), by adding “or” at the end of paragraph |
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(e) and by adding the following after paragraph |
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(e): |
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(f) the representation, written material or recording, |
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copies of which are kept in premises within the juris- |
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diction of the court, is an advertisement for conver- |
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sion therapy. |
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2021 |
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2018, c. 29, s. 12(2) |
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(2) Subsections 164(3) to (5) of the Act are re- |
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placed by the following: |
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Owner and maker may appear |
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(3) The owner and the maker of the matter seized under |
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subsection (1), and alleged to be obscene, child pornogra- |
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phy, a voyeuristic recording, an intimate image, an ad- |
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vertisement of sexual services or an advertisement for |
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conversion therapy, may appear and be represented in |
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the proceedings to oppose the making of an order for the |
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forfeiture of the matter. |
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Order of forfeiture |
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(4) If the court is satisfied, on a balance of probabilities, |
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that the publication, representation, written material or |
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recording referred to in subsection (1) is obscene, child |
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pornography, a voyeuristic recording, an intimate image, |
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an advertisement of sexual services or an advertisement |
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for conversion therapy, it may make an order declaring |
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the matter forfeited to Her Majesty in right of the |
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province in which the proceedings take place, for dispos- |
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al as the Attorney General may direct. |
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Disposal of matter |
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(5) If the court is not satisfied that the publication, rep- |
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resentation, written material or recording referred to in |
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subsection (1) is obscene, child pornography, a voyeuris- |
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tic recording, an intimate image, an advertisement of |
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sexual services or an advertisement for conversion thera- |
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py, it shall order that the matter be restored to the person |
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from whom it was seized without delay after the time for |
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final appeal has expired. |
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2014, c. 25, s. 46(4) |
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(3) Subsection 164(7) of the Act is replaced by the |
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following: |
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Consent |
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(7) If an order is made under this section by a judge in a |
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province with respect to one or more copies of a publica- |
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tion, a representation, written material or a recording, no |
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proceedings shall be instituted or continued in that |
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province under section 162, 162.1, 163, 163.1, 286.4 or |
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320.103 with respect to those or other copies of the same |
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publication, representation, written material or recording |
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without the consent of the Attorney General. |
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2021 |
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Chapter 24: An Act to amend the Criminal Code (conversion therapy) |
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Criminal Code |
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Section |
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1 |
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Page 5 |
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(4) Subsection 164(8) of the Act is amended by |
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adding the following in alphabetical order: |
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advertisement for conversion therapy means any ma- |
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terial — including a photographic, film, video, audio or |
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other recording, made by any means, a visual representa- |
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tion or any written material — that is used to promote or |
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advertise conversion therapy contrary to section 320.103; |
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(publicité de thérapie de conversion) |
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2014, c. 25, s. 46(5) |
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2 (1) The portion of subsection 164.1(1) of the Act |
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before paragraph (a) is replaced by the follow- |
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ing: |
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Warrant of seizure |
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164.1 (1) If a judge is satisfied by information on oath |
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that there are reasonable grounds to believe that there is |
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material — namely, child pornography as defined in |
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section 163.1, a voyeuristic recording, an intimate image, |
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an advertisement of sexual services or an advertisement |
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for conversion therapy, or computer data as defined in |
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subsection 342.1(2) that makes child pornography, a |
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voyeuristic recording, an intimate image, an advertise- |
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ment of sexual services or an advertisement for conver- |
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sion therapy available — that is stored on and made |
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available through a computer system as defined in sub- |
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section 342.1(2) that is within the jurisdiction of the |
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court, the judge may order the custodian of the computer |
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system to |
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2014, c. 25, s. 46(6) |
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(2) Subsection 164.1(5) of the Act is replaced by |
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the following: |
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Order |
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(5) If the court is satisfied, on a balance of probabilities, |
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that the material is child pornography as defined in sec- |
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tion 163.1, a voyeuristic recording, an intimate image, an |
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advertisement of sexual services or an advertisement for |
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conversion therapy, or computer data as defined in sub- |
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section 342.1(2) that makes child pornography, the |
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voyeuristic recording, the intimate image, the advertise- |
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ment of sexual services or the advertisement for conver- |
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sion therapy available, it may order the custodian of the |
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computer system to delete the material. |
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2014, c. 25, s. 46(7) |
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(3) Subsection 164.1(7) of the Act is replaced by |
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the following: |
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2021 |
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Chapter 24: An Act to amend the Criminal Code (conversion therapy) |
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Criminal Code |
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Sections 1-2 |
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Page 6 |
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Return of material |
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(7) If the court is not satisfied that the material is child |
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pornography as defined in section 163.1, a voyeuristic |
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recording, an intimate image, an advertisement of sexual |
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services or an advertisement for conversion therapy, or |
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computer data as defined in subsection 342.1(2) that |
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makes child pornography, the voyeuristic recording, the |
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intimate image, the advertisement of sexual services or |
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the advertisement for conversion therapy available, the |
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court shall order that the electronic copy be returned to |
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the custodian of the computer system and terminate the |
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order under paragraph (1)(b). |
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3 Paragraph (a) of the definition offence in sec- |
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tion 183 of the Act is amended by |
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(a) adding the following after subparagraph |
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(xlvi): |
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(xlvi.1) section 273.3 (removal of child from |
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Canada), |
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(b) adding the following after subparagraph |
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(liii): |
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(liii.1) section 320.102 (conversion therapy), |
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2019, c. 25, s. 98 |
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4 Paragraph 273.3(1)(c) of the Act is replaced by |
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the following: |
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(c) under the age of 18 years, with the intention that |
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an act be committed outside Canada that if it were |
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committed in Canada would be an offence against sec- |
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tion 155, subsection 160(2) or section 170, 171, 267, |
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268, 269, 271, 272, 273 or 320.102 in respect of that per- |
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son; or |
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5 The Act is amended by adding the following af- |
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ter section 320.1: |
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Conversion Therapy |
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Definition of conversion therapy |
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320.101 In sections 320.102 to 320.104, conversion |
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therapy means a practice, treatment or service designed |
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to |
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(a) change a person’s sexual orientation to heterosex- |
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ual; |
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(b) change a person’s gender identity to cisgender; |
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2021 |
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Chapter 24: An Act to amend the Criminal Code (conversion therapy) |
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Criminal Code |
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Sections 2-5 |
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Page 7 |
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(c) change a person’s gender expression so that it con- |
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forms to the sex assigned to the person at birth; |
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(d) repress or reduce non-heterosexual attraction or |
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sexual behaviour; |
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(e) repress a person’s non-cisgender gender identity; |
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or |
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(f) repress or reduce a person’s gender expression that |
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does not conform to the sex assigned to the person at |
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birth. |
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For greater certainty, this definition does not include a |
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practice, treatment or service that relates to the explo- |
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ration or development of an integrated personal identity |
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— such as a practice, treatment or service that relates to a |
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person’s gender transition — and that is not based on an |
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assumption that a particular sexual orientation, gender |
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identity or gender expression is to be preferred over an- |
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other. |
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Conversion therapy |
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320.102 Everyone who knowingly causes another per- |
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son to undergo conversion therapy — including by pro- |
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viding conversion therapy to that other person — is |
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(a) guilty of an indictable offence and liable to impris- |
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onment for a term of not more than five years; or |
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(b) guilty of an offence punishable on summary con- |
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viction. |
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Promoting or advertising |
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320.103 Everyone who knowingly promotes or advertis- |
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es conversion therapy is |
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(a) guilty of an indictable offence and liable to impris- |
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onment for a term of not more than two years; or |
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(b) guilty of an offence punishable on summary con- |
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viction. |
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Material benefit |
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320.104 Everyone who receives a financial or other ma- |
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terial benefit, knowing that it is obtained or derived di- |
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rectly or indirectly from the provision of conversion ther- |
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apy, is |
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(a) guilty of an indictable offence and liable to impris- |
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onment for a term of not more than two years; or |
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(b) guilty of an offence punishable on summary con- |
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viction. |
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2021 |
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Chapter 24: An Act to amend the Criminal Code (conversion therapy) |
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Criminal Code |
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Section |
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5 |
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Page 8 |
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Coming into Force |
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30th day after royal assent |
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6 This Act comes into force on the 30th day after |
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the day on which it receives royal assent. |
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Published under authority of the Speaker of the House of Commons |
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2021 |
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Chapter 24: An Act to amend the Criminal Code (conversion therapy) |
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Coming into Force |
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Section |
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6 |
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Page 9 |
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Page 10 |
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Available on the House of Commons website |
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Disponible sur le site Web de la Chambre des com |
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