CALGARY BYLAW

These are the most important items from the Bylaw.

The full Bylaw is on pp. 97-100 of the SPC Agenda, which is at https://www.calgary.ca/CA/city-clerks/Pages/Legislative-services/Agenda-Minutes.aspx

In this Bylaw:

(a) “business” means:

(i) a commercial, merchandising or industrial activity or undertaking,

(ii) a profession, trade, occupation, calling or employment; or

(iii) an activity providing goods or services;

Whether or not for profit and however organized or formed, including a cooperative

or association of persons;

ADVERTISING

4. In a prosecution for a contravention of this Bylaw, proof of one transaction in the

business or that the business has been advertised is sufficient to establish that a person

is engaged in or operates the business.

SUMMARY CONVICTION OFFENCE

5. (1) Any person who contravenes any provision of this Bylaw by doing any act or

thing which the person is prohibited from doing, or by failing to do any act or thing

the person is required to do, is guilty of an offence pursuant to this Bylaw.

(2) The owner of real property, who is registered on title at the Land Titles Office,

shall be responsible for any act of a person carrying on business on the premises

located on the property that constitutes an offence under this Bylaw, in the same

manner and to the same extent as though the act were done by the owner.

(3) For the purposes of this Bylaw, an act by an employee or agent of a person is

deemed to be an act of the person if the act occurred in the course of the

employee’s employment or agency relationship with the person.

(4) If a corporation commits an offence under this Bylaw, every principal, director,

manager, officer, employee, or agent of the corporation who authorized,

assented to, acquiesced, or participated in the act that constitutes the offence is

guilty of the offence whether or not the corporation has been prosecuted for the

offence.

(5) If a partner in a partnership is guilty of an offence under this Bylaw, each partner

in the partnership who authorized, assented to, acquiesced, or participated in the

act that constitutes the offence is guilty of the offence.

(6) Any person who is convicted of an offence pursuant to subsection (1) is liable on

summary conviction to a fine not exceeding TEN THOUSAND ($10,000.00)

DOLLARS and in default of payment of any fine imposed, to a period of

imprisonment not exceeding ONE (1) YEAR.

SPECIFIED PENALTIES

6. The specified penalty applicable for an offence under this Bylaw is TEN THOUSAND

($10,000.00) DOLLARS.

ENFORCEMENT

7. (1) Where an officer believes that a person has contravened any provision of this

Bylaw, the officer may commence proceedings against the person by issuing a

violation ticket in accordance with the Provincial Offences Procedure Act, RSA

200, c. P-34.

(2) This section shall not prevent an officer from issuing a violation ticket requiring a

court appearance of the defendant, pursuant to the provisions of the Provincial

Offences Procedures Act, or from laying an information in lieu of issuing a

violation ticket.

PROHIBITED BUSINESS ACTIVITY

Conversion Therapy

“Conversion therapy” means a practice, treatment, or service 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. For greater certainty, this definition does not include a practice, treatment, or service that relates (a) to a person’s social, medical, or legal gender transition; or (b) to a person’s non-judgmental exploration and acceptance

of their identity or development