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 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)