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Bill S-202

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First Session, Forty-third Parliament,

68 Elizabeth II, 2019

SENATE OF CANADA

BILL S-202
An Act to amend the Criminal Code (conversion therapy)

FIRST READING, December 10, 2019

THE HONOURABLE SENATOR Joyal, P.‍C.

4211744


SUMMARY

This enactment amends the Criminal Code to make it an offence to advertise conversion therapy services for consideration and to obtain a financial or other material benefit for the provision of conversion therapy to a person under the age of eighteen.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 43rd Parliament,

68 Elizabeth II, 2019

SENATE OF CANADA

BILL S-202

An Act to amend the Criminal Code (conversion therapy)

Preamble

Whereas the Parliament of Canada recognizes the damage caused by practices and treatments designed to change an individual’s sexual orientation or gender identity;

And whereas it is important to protect the human dignity and equality of all Canadians by discouraging these practices and treatments in light of their negative consequences, particularly for young people;

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

1The Criminal Code is amended by adding the following after section 286.‍5:

Conversion Therapy

Definition of conversion therapy

286.‍6(1)In this section, conversion therapy means any practice, treatment or service designed to change an individual’s sexual orientation or gender identity or to eliminate or reduce sexual attraction or sexual behaviour between persons of the same sex. For greater certainty, this definition does not include a surgical sex change or any related service.

Conversion therapy advertising

(2)Everyone who knowingly advertises an offer to provide conversion therapy for consideration is guilty of

  • (a)an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b)an offence punishable on summary conviction.

Material benefit

(3)Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the provision of conversion therapy to a person under the age of eighteen, is guilty of

  • (a)an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b)an offence punishable on summary conviction.

Published under authority of the Senate of Canada



EXPLANATORY NOTES

Criminal Code
Clause 1:New.

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