P-42.2 - Act to protect persons from conversion therapy provided to change their sexual orientation, gender identity or gender expression

À jour au 11 décembre 2020

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chapter P-42.2

Act to protect persons from conversion therapy provided to change their sexual orientation, gender identity or gender expression

1. The purpose of this Act is to protect persons from the injuries caused by any form of conversion therapy, which affects their integrity and dignity, and to prevent advertising of such therapy.

“Conversion therapy” means any spiritual or non-spiritual practice, service or treatment, including a conversion practice, intended to induce persons to change their sexual orientation, gender identity or gender expression or to repress non-heterosexual sexual behaviour. Any medical treatment or surgical operation arising from a person’s self-initiated process of gender affirmation and the support required for that purpose is, however, excluded. Support provided to persons in their self-initiated process of accepting, adapting to and affirming their sexual orientation, gender identity or gender expression is also excluded.

2020, c. 28, s. 1.

2. Any conversion therapy is deemed to affect the right to integrity and dignity of the person who undergoes the therapy.

Any person having undergone such therapy may obtain reparation for the resulting injury.

2020, c. 28, s. 2.

3. No one may, by gratuitous or onerous title, offer or undertake to provide conversion therapy to a person or require a person, directly or indirectly, to provide such therapy to a third person.

Any person who contravenes this section is liable to a fine of $5,000 to $50,000 in the case of a natural person and $15,000 to $150,000 in any other case. Those amounts are doubled for a subsequent offence.

2020, c. 28, s. 3.

4. No one may advertise, whatever the form or means, to promote conversion therapy or if the advertisement could create an erroneous impression as to the human health benefits of such therapy.

Any person who contravenes this section is liable to a fine of $5,000 to $50,000 in the case of a natural person and $15,000 to $150,000 in any other case. Those amounts are doubled for a subsequent offence.

2020, c. 28, s. 4.

5. No service, medication, or compensating device or other equipment that is part of a conversion therapy treatment may be covered by insurance.

2020, c. 28, s. 5.

Civil Code of Québec

6. (Amendment integrated into the Civil Code, a. 2926.1).

2020, c. 28, s. 6.

Health Insurance Act

7. (Amendment integrated into the c. A-29, s. 3.0.1).

2020, c. 28, s. 7.

Professional Code

8. (Amendment integrated into c. C-26, s. 59.1.2).

2020, c. 28, s. 8.

9. (Amendment integrated into c. C-26, s. 123.6).

2020, c. 28, s. 9.

10. (Amendment integrated into c. C-26, s. 130).

2020, c. 28, s. 10.

11. (Amendment integrated into c. C-26, s. 158.1).

2020, c. 28, s. 11.

12. (Amendment integrated into c. C-26, s. 188.2.1).

2020, c. 28, s. 12.

Regulation respecting the application of the Health Insurance Act

13. (Amendment integrated into c. A-29, r. 5, s. 22).

2020, c. 28, s. 13.

FINAL PROVISIONS

2020, c. 28, a. 14.

14. To ensure this Act’s implementation, the Government must, not later than 11 December 2021, adopt and make public a government action plan to fight conversion therapy, specifying the activities the Government plans on carrying out to achieve the goals pursued.

The conditions, terms and schedule for carrying out the activities provided for in the action plan, and those related to achieving the goals pursued, are determined by the Government.

Every year, the Minister must submit a report to the Government on the activities carried out under the government action plan. The Minister must make the report public within 60 days after submitting it to the Government.

2020, c. 28, s. 14.

15. The Minister must, not later than 11 December 2023, report to the Government on the carrying out of this Act.

The report is tabled in the National Assembly within the next 30 days or, if the Assembly is not sitting, within 30 days of resumption.

2020, c. 28, s. 15.

16. The Minister of Justice is responsible for the administration of this Act.

2020, c. 28, s. 16.

The Minister responsible for the Status of Women exercises the functions of the Minister of Justice provided for in this Act. Order in Council 1688-2022 dated 26 October 2022, (2022) 154 G.O. 2 (French), 6581.

17. (Omitted).

2020, c. 28, s. 17.