Page 1 First Session, Forty-fourth Parliament, 70 Elizabeth II, 2021 STATUTES OF CANADA 2021 CHAPTER 24 An Act to amend the Criminal Code (conversion therapy) ASSENTED TO DECEMBER 8, 2021 BILL C-4 Page 2 SUMMARY This enactment amends the Criminal Code to, among other things, create the following offences: (a) causing another person to undergo conversion therapy; (b) doing anything for the purpose of removing a child from Canada with the intention that the child undergo conversion therapy outside Canada; (c) promoting or advertising conversion therapy; and (d) receiving a financial or other material benefit from the provision of conversion therapy. It also amends the Criminal Code to authorize courts to order that advertisements for conversion therapy be disposed of or deleted. Available on the House of Commons website at the following address: www.ourcommons.ca 2021 Page 3 70 ELIZABETH II CHAPTER 24 An Act to amend the Criminal Code (conversion ther- apy) [Assented to 8th December, 2021] Preamble Whereas conversion therapy causes harm to the per- sons who are subjected to it; Whereas conversion therapy causes harm to society because, among other things, it is based on and propagates myths and stereotypes about sexual ori- entation, gender identity and gender expression, in- cluding the myth that heterosexuality, cisgender gen- der identity, and gender expression that conforms to the sex assigned to a person at birth are to be pre- ferred over other sexual orientations, gender identi- ties and gender expressions; And whereas, in light of those harms, it is important to discourage and denounce the provision of conver- sion therapy in order to protect the human dignity and equality of all Canadians; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 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 para- graph (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 juris- diction of the court, is an advertisement for conver- sion therapy. 2021 Page 4 2018, c. 29, s. 12(2) (2) Subsections 164(3) to (5) of the Act are re- placed 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 pornogra- phy, a voyeuristic recording, an intimate image, an ad- vertisement 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 dispos- al as the Attorney General may direct. Disposal of matter (5) If the court is not satisfied that the publication, rep- resentation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuris- tic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion thera- py, 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 publica- tion, 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. 2021 Chapter 24: An Act to amend the Criminal Code (conversion therapy) Criminal Code Section 1 Page 5 (4) Subsection 164(8) of the Act is amended by adding the following in alphabetical order: advertisement for conversion therapy means any ma- terial — including a photographic, film, video, audio or other recording, made by any means, a visual representa- tion 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 follow- ing: 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 advertise- ment of sexual services or an advertisement for conver- sion therapy available — that is stored on and made available through a computer system as defined in sub- section 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 sec- tion 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 sub- section 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image, the advertise- ment of sexual services or the advertisement for conver- sion 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: 2021 Chapter 24: An Act to amend the Criminal Code (conversion therapy) Criminal Code Sections 1-2 Page 6 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 sec- tion 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 sec- tion 155, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272, 273 or 320.102 in respect of that per- son; or 5 The Act is amended by adding the following af- ter 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 heterosex- ual; (b) change a person’s gender identity to cisgender; 2021 Chapter 24: An Act to amend the Criminal Code (conversion therapy) Criminal Code Sections 2-5 Page 7 (c) change a person’s gender expression so that it con- forms 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 explo- ration 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 an- other. Conversion therapy 320.102 Everyone who knowingly causes another per- son to undergo conversion therapy — including by pro- viding conversion therapy to that other person — is (a) guilty of an indictable offence and liable to impris- onment for a term of not more than five years; or (b) guilty of an offence punishable on summary con- viction. Promoting or advertising 320.103 Everyone who knowingly promotes or advertis- es conversion therapy is (a) guilty of an indictable offence and liable to impris- onment for a term of not more than two years; or (b) guilty of an offence punishable on summary con- viction. Material benefit 320.104 Everyone who receives a financial or other ma- terial benefit, knowing that it is obtained or derived di- rectly or indirectly from the provision of conversion ther- apy, is (a) guilty of an indictable offence and liable to impris- onment for a term of not more than two years; or (b) guilty of an offence punishable on summary con- viction. 2021 Chapter 24: An Act to amend the Criminal Code (conversion therapy) Criminal Code Section 5 Page 8 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. Published under authority of the Speaker of the House of Commons 2021 Chapter 24: An Act to amend the Criminal Code (conversion therapy) Coming into Force Section 6 Page 9 Page 10 Available on the House of Commons website Disponible sur le site Web de la Chambre des com