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Crackdown on paid conversion therapy and profits

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

Summary#

This bill changes the Criminal Code to target paid “conversion therapy.” It makes it a crime to advertise conversion therapy for payment and to receive money or other value from providing conversion therapy to anyone under 18. The bill defines what counts as conversion therapy and sets penalties. It does not criminalize unpaid counseling for adults.

  • Creates a new offence for advertising conversion therapy “for consideration” (payment or something of value) (subsection (2)).
  • Creates a new offence for receiving a “financial or other material benefit” from providing conversion therapy to a minor (subsection (3)).
  • Defines conversion therapy as a practice, treatment, or service to change sexual orientation or gender identity, or to reduce same‑sex attraction or behaviour; excludes surgical sex change and related services (subsection (1)).
  • Sets a maximum penalty of up to 5 years in prison on indictment for both offences; summary conviction is also possible (subsections (2)–(3)).
  • Reflects Parliament’s finding that these practices cause damage, especially to young people (Preamble).

What it means for you#

  • Households
    • Paid ads for conversion therapy will be illegal once this becomes law. Families will likely see fewer paid offers online or in print (subsection (2)).
    • Anyone who takes money or other value from providing conversion therapy to a person under 18 could face criminal charges, including up to 5 years in prison (subsection (3)).
  • Workers
    • Counselors, therapists, clergy, and coaches who advertise paid services aimed at changing sexual orientation or gender identity risk criminal charges (subsection (2)).
    • If you receive fees, honoraria, donations tied to services, or other value from providing such services to minors, you could be charged (subsection (3)). “Material benefit” means money or other things of value.
    • Unpaid counseling for adults is not covered by the advertising offence because it applies only to offers “for consideration” (subsection (2)). The bill does not create a general offence for providing conversion therapy to adults.
  • Businesses and organizations
    • Clinics, counseling practices, camps, and programs cannot advertise paid conversion therapy services (subsection (2)).
    • Owners or organizations that receive revenue directly or indirectly from providing conversion therapy to minors are at risk, even if a staff member provided the service (subsection (3)).
    • The definition excludes surgical sex change and related services, so providers of those services are not affected by this bill (subsection (1)).
  • Service users
    • People under 18 will not be able to access paid conversion therapy services without putting providers at criminal risk (subsection (3)).
    • Adults may still seek unpaid counseling; however, paid advertising for conversion therapy is banned for all ages (subsection (2)).
  • Timing
    • Changes take effect when the bill becomes law. No grace period is stated in the bill text.

Expenses#

Estimated net cost: Data unavailable.

  • The bill contains no direct appropriations or new fees (Bill text).
  • It creates two new Criminal Code offences; investigations, prosecutions, legal aid, and incarceration may raise justice system costs. Data unavailable.
  • No official fiscal note was identified. Data unavailable.

Proponents' View#

  • Reduces commercial promotion of conversion therapy by banning paid advertising, which lowers visibility and demand (subsection (2)).
  • Protects minors by cutting off financial incentives to provide these services to youth (subsection (3)).
  • Provides clear statutory definitions and an express exclusion for surgical sex change and related services, reducing confusion for medical providers (subsection (1)).
  • Imposes meaningful penalties (up to 5 years) to deter violations (subsections (2)–(3)).
  • Responds to Parliament’s recognition of harm from conversion therapy, particularly for young people (Preamble).

Opponents' View#

  • Scope and definitions may create uncertainty: proving a service was “designed to change” orientation or identity could be hard, which may complicate enforcement (subsection (1)).
  • The advertising offence could chill some forms of counseling promotion, as providers may avoid describing services that touch on sexuality or gender to reduce legal risk (subsection (2)).
  • Tracing “financial or other material benefit” derived “directly or indirectly” from services to minors may be complex for organizations with mixed funding, raising compliance and enforcement challenges (subsection (3)).
  • The bill targets advertising and material benefit rather than banning all provision; critics may say it is either too narrow to stop non‑commercial practices or, conversely, too broad in limiting paid speech and religiously motivated services (subsections (2)–(3)).

Timeline

Dec 10, 2019 • Senate

First reading

Dec 12, 2019 • Senate

Second reading

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