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Nationwide Ban on Conversion Therapy and Ads

Full Title: An Act to amend the Criminal Code (conversion therapy)

Summary#

This bill changes the Criminal Code to limit conversion therapy. It creates new crimes for forcing anyone into conversion therapy, causing a child to undergo it, advertising it, getting paid for it, and taking a child out of Canada so they can receive it abroad. It also lets courts seize and delete ads, including online. The law would take effect 30 days after Royal Assent.

  • Defines conversion therapy and states what is not included, such as care related to gender transition and open-ended identity exploration (Definition for ss. 320.102–320.106).
  • Bans forced conversion therapy for anyone; penalties up to 5 years in prison (s. 320.102).
  • Bans any conversion therapy for people under 18; penalties up to 5 years (s. 320.103).
  • Bans advertising conversion therapy and receiving payment or other benefits from it; penalties up to 2 years (ss. 320.104, 320.105).
  • Criminalizes removing a child from Canada to receive conversion therapy abroad (s. 273.3(1)(c) as amended).
  • Authorizes warrants to seize or delete ads, including online content, and allows forfeiture of ad materials (ss. 164, 164.1).

What it means for you#

  • Households and parents
    • You cannot cause a child under 18 to undergo conversion therapy, in Canada or abroad (s. 320.103; s. 273.3(1)(c) as amended). This takes effect 30 days after Royal Assent (Coming into Force).
    • You cannot take a child out of Canada intending they receive conversion therapy elsewhere (s. 273.3(1)(c) as amended).
  • Minors (under 18)
    • It is illegal for anyone to make you undergo conversion therapy. This applies even if you say yes (s. 320.103).
  • Adults (18 and over)
    • No one may force you into conversion therapy (s. 320.102).
    • Providers cannot advertise conversion therapy or get paid or otherwise compensated for it, even if you consent (ss. 320.104, 320.105).
  • Health and mental health providers
    • You may not provide conversion therapy to minors (s. 320.103).
    • You may not force any person to undergo conversion therapy (s. 320.102).
    • You may not advertise conversion therapy or accept payment or any material benefit for it (ss. 320.104, 320.105).
    • Support related to gender transition and open-ended exploration of identity is not prohibited by this bill (Definition for ss. 320.102–320.106).
  • Faith leaders and community counselors
    • The same rules apply: no conversion therapy for minors; no coercion; no advertising; no payment or benefits for conversion therapy (ss. 320.102–320.105).
  • Advertisers, publishers, and online platforms
    • Courts can order seizure, forfeiture, or deletion of ads for conversion therapy, including digital content on computer systems (ss. 164, 164.1).
    • Publishing or hosting paid ads for conversion therapy may lead to court orders to remove them; advertising the offer is a criminal offence (s. 320.104; ss. 164, 164.1).
  • Law enforcement and courts
    • New offences are added to the list that can justify wiretap warrants (s. 183, adding ss. 320.102–320.103 and s. 273.3).
    • Judges may issue warrants to seize and delete ads for conversion therapy and order forfeiture of seized ad materials (ss. 164, 164.1).

Expenses#

Estimated net cost: Data unavailable.

  • The bill has no direct spending or appropriations (Bill, Coming into Force; no appropriations specified).
  • Potential costs for policing, prosecutions, and court administration are not estimated in the bill. Data unavailable.
  • Potential revenue from forfeitures or fines is not specified. Data unavailable.

Proponents' View#

  • Protects minors from a harmful practice by banning conversion therapy for anyone under 18 and by blocking trips abroad for that purpose (s. 320.103; s. 273.3(1)(c) as amended; Preamble).
  • Stops coercion by making forced conversion therapy a crime for any person, with penalties up to 5 years (s. 320.102).
  • Cuts off the business model by banning advertising and paid services, which reduces availability and profit incentives (ss. 320.104, 320.105).
  • Preserves supportive care by excluding services related to gender transition and open-ended identity exploration (Definition for ss. 320.102–320.106).
  • Provides tools to remove ads quickly, including online deletion orders, to prevent promotion (ss. 164, 164.1).
  • Enables stronger investigations through wiretap authorization for the new offences (s. 183).

Opponents' View#

  • Scope concerns: The definition includes efforts to “repress or reduce non‑heterosexual … behaviour,” which some argue could capture certain pastoral or therapeutic practices, creating a chilling effect (Definition for ss. 320.102–320.106).
  • Adult autonomy: Adults who seek such services cannot access paid or advertised options; providers face criminal liability even with adult consent (ss. 320.104, 320.105).
  • Enforcement challenges: Prosecutors must prove a service was designed to change orientation or identity, which may hinge on intent and could be hard to establish (Definition for ss. 320.102–320.106).
  • Expression and religion: The ban on advertising offers may affect religious or community groups that promote programs some view as conversion therapy (s. 320.104). Assumes programs fall within the bill’s definition.
  • Cross‑border enforcement: Proving intent to remove a child so they undergo conversion therapy abroad may be complex, especially where foreign laws differ (s. 273.3(1)(c) as amended).
  • Online moderation risks: Court‑ordered deletion powers could prompt broad takedowns of related content beyond explicit ads, though the statute targets advertisements (ss. 164, 164.1).

Timeline

Mar 9, 2020 • House

First reading

Criminal Justice
Social Issues
Healthcare