An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service

Contents

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Interpretation

1Definitions#

(1)The following definitions apply in this Act.

child sexual abuse and exploitation material has the same meaning as in subsection 163.1(1) of the Criminal Code. (matériel d’abus et d’exploitation pédosexuels)

child sexual abuse and exploitation material offence means an offence under any of the following provisions of the Criminal Code:

(a)subsection 163.1(2) (making child sexual abuse and exploitation material);

(b)subsection 163.1(3) (distribution, etc., of child sexual abuse and exploitation material);

(c)subsection 163.1(4) (possession of child sexual abuse and exploitation material); or

(d)subsection 163.1(4.1) (accessing child sexual abuse and exploitation material). (infraction relative au matériel d’abus et d’exploitation pédosexuels)

computer data means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system. (données informatiques)

Internet service means a service providing Internet access, Internet content hosting or electronic mail. (services Internet)

person means an individual, a corporation, a partnership or an unincorporated association or organization. (personne)

(2)The descriptive words in parentheses that follow the reference to a provision of the Criminal Code in the definition child sexual abuse and exploitation material offence in subsection (1) do not form part of that definition but are inserted for convenience of reference only.

Duties

2Duty to report Internet address#

If a person is advised, in the course of providing an Internet service to the public, of an Internet Protocol address or a Uniform Resource Locator where child sexual abuse and exploitation material may be available to the public, the person must report that address or Uniform Resource Locator to the organization designated by the regulations, as soon as feasible and in accordance with the regulations.^note

3Duty to notify police officer#

If a person who provides an Internet service to the public has reasonable grounds to believe that their Internet service is being or has been used to commit a child sexual abuse and exploitation material offence, the person must notify an officer, constable or other person employed for the preservation and maintenance of the public peace of that fact, as soon as feasible and in accordance with the regulations.^note

4Preservation of computer data#

(1)A person who makes a notification under section 3 must preserve all computer data related to the notification that is in their possession or control for 21 days after the day on which the notification is made.

(2)The person must destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under subsection (1) as soon as feasible after the expiry of the 21-day period, unless the person is required to preserve the computer data by a judicial order made under any other Act of Parliament or the legislature of a province.

5No disclosure#

A person must not disclose that they have made a report under section 2 or a notification under section 3, or disclose the contents of a report or notification, if the disclosure could prejudice a criminal investigation, whether or not a criminal investigation has begun.

6No seeking out of child sexual abuse and exploitation material#

Nothing in this Act requires or authorizes a person to seek out child sexual abuse and exploitation material.^note

7Immunity#

A civil proceeding cannot be commenced against a person for making a report in good faith under section 2 or for making a notification in good faith under section 3.

8Self-incrimination#

For greater certainty, nothing in this Act affects any right of a person to be protected against self-incrimination.

9Provincial or foreign jurisdiction#

A person who has reported information in compliance with an obligation to report child sexual abuse and exploitation material under the laws of a province or a foreign jurisdiction is deemed to have complied with section 2 of this Act in relation to that information.^note

Offences and Punishment

10Offence#

Every person who knowingly contravenes any of sections 2 to 5 is guilty of an offence and liable on summary conviction,

(a)in the case of an individual,

(i)for a first offence, to a fine of not more than $1,000,

(ii)for a second offence, to a fine of not more than $5,000, and

(iii)for each subsequent offence, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and

(b)in all other cases,

(i)for a first offence, to a fine of not more than $10,000,

(ii)for a second offence, to a fine of not more than $50,000, and

(iii)for each subsequent offence, to a fine of not more than $100,000.

11Limitation period#

A prosecution for an offence under this Act cannot be commenced more than two years after the time when the act or omission giving rise to the prosecution occurred.

Regulations

12Regulations#

The Governor in Council may make regulations

(a)designating an organization for the purpose of section 2;

(b)respecting the role, functions and activities of the designated organization in relation to information received under this Act, including any security measures to be taken;

(c)respecting the making of a report under section 2;

(d)respecting a notification under section 3;

(e)respecting security measures to be taken in relation to computer data preserved under section 4; and

(f)generally, for carrying out the purposes and provisions of this Act.

^note

Coming into Force

*13Order in council#

This Act comes into force on a day to be fixed by order of the Governor in Council.

Amendments not in force

— 2026, c. 19, s. 178An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service is amended by adding the following before the heading before section 1:Short TitleThis Act may be cited as the Mandatory Reporting Act. — 2026, c. 19, s. 179The definition Internet service in subsection 1(1) of the Act is replaced by the following:Internet service includesa service providing Internet access;a service providing Internet content hosting, regardless of the originator of the content or the manner by which the content is made accessible; anda service facilitating interpersonal communication over the Internet, including a service providing electronic mail. (services Internet) — 2026, c. 19, s. 180Sections 3 and 4 of the Act are replaced by the following:A person who provides an Internet service to the public and who has reasonable grounds to believe that their Internet service is being or has been used to commit a child sexual abuse and exploitation material offence must notify the law enforcement body designated by the regulations of that fact as soon as feasible and in accordance with the regulations, ifthe offence has been committed by means of a computer system, as defined in subsection 342.1(2) of the Criminal Code, that is located in Canada;the person has possession or control of the computer system; andthe child sexual abuse and exploitation material related to the offence is stored on the computer system.If the material related to the offence is manifestly child sexual abuse and exploitation material, the person must include with the notification a document containing any transmission data, as defined in section 487.011 of the Criminal Code, related to the material that could assist in the investigation of the offence.A person who makes a notification under section 3 must preserve all computer data related to the notification that is in their possession or control for one year after the day on which the notification is made.The person must destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under subsection (1) as soon as feasible after the end of the one-year period, unless the person is required to preserve the computer data by a judicial order made under any other Act of Parliament or any Act of the legislature of a province. — 2026, c. 19, s. 181The Act is amended by adding the following after section 9:A person who provides an Internet service to the public and who reports, in compliance with an obligation under the laws of a foreign jurisdiction, information related to a child sexual abuse and exploitation material offence is not required to provide a notification under section 3 with respect to the offence.For greater certainty, this Act is not to be construed as limiting in any way any obligation under the Privacy Act or any applicable provincial privacy legislation. — 2026, c. 19, s. 182Section 11 of the Act is replaced by the following:A prosecution for an offence under this Act cannot be commenced more than five years after the time when the act or omission giving rise to the prosecution occurred. — 2026, c. 19, s. 183Paragraph 12(a) of the Act is replaced by the following:specifying the services included in the definition Internet service in subsection 1(1);designating an organization for the purpose of section 2;Section 12 of the Act is amended by adding the following after paragraph (c):designating a law enforcement body for the purpose of section 3;Section 12 of the Act is amended by adding the following after paragraph (d):requiring the law enforcement body designated under paragraph (c.1) to submit to the Minister of Justice and the Minister of Public Safety and Emergency Preparedness an annual report in relation to the information that it receives under this Act;specifying the form and content of the annual report referred to in paragraph (d.1), as well as the time and manner of its submission;

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.