R.S., c. C-46Criminal Code

• 1 (1) Subsection 164(1) of the Criminal Code is amended by striking out “or” at the end of paragraph (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 jurisdiction of the court, is an advertisement for conversion therapy.

• Marginal note:2018, c. 29, s. 12(2)

  (2) Subsections 164(3) to (5) of the Act are replaced by the following:

  • Marginal note:Owner and maker may appear

    (3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, child pornography, a voyeuristic recording, an intimate image, an advertisement 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.

  • Marginal note: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 disposal as the Attorney General may direct.

  • Marginal note:Disposal of matter

    (5) If the court is not satisfied 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 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.

• Marginal note:2014, c. 25, s. 46(4)

  (3) Subsection 164(7) of the Act is replaced by the following:

  • Marginal note: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 publication, 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.

• (4) Subsection 164(8) of the Act is amended by adding the following in alphabetical order:

  advertisement for conversion therapy

  advertisement for conversion therapy means any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to promote or advertise conversion therapy contrary to section 320.103; (publicité de thérapie de conversion)

Marginal note: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 following:

  Marginal note: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 advertisement of sexual services or an advertisement for conversion therapy available — that is stored on and made available through a computer system as defined in subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

• Marginal note:2014, c. 25, s. 46(6)

  (2) Subsection 164.1(5) of the Act is replaced by the following:

  • Marginal note:Order

    (5) If the court is satisfied, on a balance of probabilities, 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, it may order the custodian of the computer system to delete the material.

• Marginal note:2014, c. 25, s. 46(7)

  (3) Subsection 164.1(7) of the Act is replaced by the following:

  • Marginal note: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 section 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),

Marginal note:2019, c. 25, s. 98

4 Paragraph 273.3(1)(c) of the Act is replaced by the following:

5 The Act is amended by adding the following after section 320.1:

Coming into Force

Marginal note:30th day after royal assent

6 This Act comes into force on the 30th day after the day on which it receives royal assent.