Bill (House of Representatives) C-58 (40-2) – First Reading – Child Protection (Online Sexual Exploitation) Act

2nd session, 40th Parliament,

House of Commons of Canada

An Act on the mandatory reporting of child pornography on the Internet by persons providing an Internet service

Her Majesty, with the advice and consent of the Senate and House of Commons of Canada, hereby decrees:

1. This Act may be cited as the Child Protection Act (Online Sexual Exploitation).

2. (1) In this Act:

“child pornography” has the same meaning as in subsection 163.1(1) of the Criminal Code.

“child pornography” means an offence under any of the following provisions of the Criminal Code:

(A) subsection 163.1(2) (making child pornography);

(B) subsection 163.1(3) (dissemination, etc., of child pornography);

(C) subsection 163.1(4) (possession of child pornography); or

(D) subsection 163.1(4.1) (access to child pornography).

“computer data” means representations, including signs, signals or symbols, which are in a form suitable for processing in a computer system.

“Internet service” means Internet access, hosting of Internet content or e-mail.

“person” means an individual, a company, a partnership or an unincorporated association or organisation.

(2) The descriptive words in brackets following the reference to a provision of the Criminal Code in the definition of “child pornography” in subsection (1) do not form part of that definition but are included for reference only.

3. If, in providing an Internet service to the public, a person becomes aware of an Internet Protocol address or a Uniform Resource Locator where child pornography may be available to the public, that person must report that address or Uniform Resource Locator as soon as possible and in accordance with the regulations to the organization designated in the regulations.

4. If a person who provides an Internet service to the public has reasonable grounds to believe that his Internet service is being or has been used to commit a child pornography offence, he must notify an officer, police officer or other person appointed to maintain and preserve public peace of this as soon as possible and in accordance with the regulations.

5. (1) A person who gives a notice under section 4 must retain all computer data relating to the notice and in his possession or control for 21 days after the day on which the notice is given.

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

6. A person must not disclose that he has made a report under section 3 or made a notice under section 4, or disclose the contents of a report or notice, if disclosure would prejudice a criminal investigation, whether or not a criminal investigation has been commenced.

7. Nothing in this Act requires or authorizes any person to seek out child pornography.

8. No civil proceedings may be instituted against a person who in good faith makes a report under Article 3 or who in good faith makes a notice under Article 4.

9. For the avoidance of doubt, nothing in this Act affects the right of any person to be protected from self-incrimination.

10. A person who has reported information in accordance with a requirement to report child pornography under the laws of a province or a foreign jurisdiction shall be deemed to have complied with this Act with respect to that information.

11. Any person who intentionally violates any of Articles 3 to 6 shall be guilty of an offence and liable to summary conviction,

(A) in the case of an individual,

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

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

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

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

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

(iii) for each subsequent violation, a fine not exceeding $100,000.

12. A prosecution for a contravention of this Act may not be instituted later than two years after the time when the act or omission giving rise to the prosecution occurred.

13. The governor in council can make regulations

(A) designating an organisation for the purposes of Article 3;

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

(C) in relation to the preparation of a report under Article 3;

(D) in relation to a notification under Article 4;

(and) regarding the security measures to be taken in respect of computer data retained pursuant to Article 5; and

(F) in general, for the implementation of the purposes and provisions of this Act.

14. This Act shall enter into force on a date to be determined by the Governor in Council.