Prohibited Businesses Bylaw

The federal legislation is likely a year or more away from being enacted and until the final reading of Bill C-8 occurs, The City of Calgary won’t fully know the impact to this bylaw.

There is a possibility that this bylaw will mirror that legislation and Law has advised that if this is the case The City would look to make any changes required to the bylaw.

The Government of Alberta has not yet taken any formal legislative action to ban ”conversion therapy”.

Administration engaged with targeted stakeholders on bylaw definitions.

An online survey to ensure clarity of the definitions of business, “conversion therapy”, and fines and violation was provided to 58 organizations.

The organizations were selected based on the potential impact of the bylaw to their overall organization, and consisted of both faith and LGBTQ2S+ organizations.

The following 58 organizations were engaged:

• 44 were faith based groups or organizations (or 76%)
• Eight were LGBTQ2S+ organizations (14%)
• Six were organizations such as a mental health organization or an aboriginal student centre (10%)

The feedback included a recommendation to provide additional wording and some refining for the definition of “conversion therapy”, and clarification of the difference between trying to change someone’s identity and supporting their identity exploration.

Administration has taken stakeholder input and clarified parts of the bylaw, and will use the feedback to inform both the bylaw public education component, and the training of the peace officers.

The definition was established as a result of:

• Extensive research and input from professionals in the field;
• Other definitions which have withstood legal challenges;
• Input from “conversion therapy” survivors;
• Best practices of other municipalities and alignment to the proposed federal definition, and;
• Feedback from the stakeholder engagement.

Yes, the Prohibited Businesses Bylaw includes not-for-profit organizations such as faith groups that provide practices/services designed to change, repress or discourage a person’s sexual orientation, gender identity or gender expression, or to repress or reduce non-heterosexual attraction or sexual behaviour.

If referring to the proposed definition of “conversion therapy” within the bylaw, general counselling services will be protected if the services are providing non-judgmental exploration and acceptance of a person’s identity or development.

The Prohibited Businesses Bylaw does not prevent or restrict religious thoughts or beliefs, nor does it prevent the right to worship.

This bylaw places reasonable limits on any practice, treatment or service attempting to change, repress, or discourage a person’s sexual orientation, gender identity, or gender expression, or to repress or reduce non-heterosexual attraction or sexual behaviour.

To date no other provincial municipality with a similar bylaw has had a legal challenge. It is important to note that all bylaws are still relatively new.

The bylaw will operate on a complaint basis – individuals or businesses known or suspected to be engaged in this process can be reported by calling 311.

Every call will be taken seriously and will be investigated.

The specified penalty amount for an offence under this bylaw is $10,000. Administration recommended this fine amount after careful consideration of other Alberta jurisdictions that have imposed the same fine amount, as well as the egregious nature and inherent harm of the practice.