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Bill S-210

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

SENATE OF CANADA

BILL S-210
An Act to restrict young persons’ online access to sexually explicit material
AS PASSED
BY THE SENATE
April 18, 2023
4412013


SUMMARY

This enactment makes it an offence for organizations to make sexually explicit material available to young persons on the Internet. It also enables a designated enforcement authority to take steps to prevent sexually explicit material from being made available to young persons on the Internet in Canada.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 44th Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

SENATE OF CANADA

BILL S-210

An Act to restrict young persons’ online access to sexually explicit material

Preamble

Whereas sexually explicit material — including demeaning material and material depicting sexual violence — can be easily accessed on the Internet by young persons;

Whereas a significant proportion of the sexually explicit material accessed online is made available on the Internet for commercial purposes — in particular through pornographic websites — and is not protected by any effective age-verification method;

Whereas the consumption of sexually explicit material by young persons is associated with a range of serious harms, including the development of pornography addiction, the reinforcement of gender stereotypes and the development of attitudes favourable to harassment and violence — including sexual harassment and sexual violence — particularly against women;

Whereas Parliament recognizes that the harmful effects of the increasing accessibility of sexually explicit material online for young persons are an important public health and public safety concern;

Whereas online age-verification technology is increasingly sophisticated and can now effectively ascertain the age of users without breaching their privacy rights;

And whereas any organization making sexually explicit material available on the Internet for commercial purposes has a responsibility to ensure that it is not accessed by young persons;

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

Short Title

Short title

1 This Act may be cited as the Protecting Young Persons from Exposure to Pornography Act.

Interpretation

Definitions

2 The following definitions apply in this Act.

Internet service provider means a person who provides Internet access, Internet content hosting or electronic mail. (fournisseur de services Internet)

making available includes transmitting, distributing or selling. (rendre accessible)

Minister means the minister designated under section 3. (ministre)

organization has the same meaning as in section 2 of the Criminal Code. (organisation)

prescribed means prescribed by regulations. (Version anglaise seulement)

sexually explicit material means sexually explicit material as defined for the purpose of subsection 171.‍1(1) of the Criminal Code. (matériel sexuellement explicite)

young person means an individual who is under 18 years of age. (jeune)

Designation of Minister

Order designating Minister

3 The Governor in Council may, by order, designate any federal minister as the Minister responsible for this Act.

Purpose

Purpose

4 The purpose of this Act is to protect public health and public safety and, in particular, to

  • (a) protect the mental health of young persons by restricting their access to sexually explicit material;

  • (b)  protect Canadians — in particular, young persons and women — from the harmful effects of the exposure of young persons to sexually explicit material, including demeaning material and material depicting sexual violence; and

  • (c) deter organizations that make sexually explicit material available on the Internet for commercial purposes from allowing young persons to access that material.

Offence

Making sexually explicit material available to a young person

5 Any organization that, for commercial purposes, makes available sexually explicit material on the Internet to a young person is guilty of an offence punishable on summary conviction and is liable,

  • (a) for a first offence, to a fine of not more than $250,000; and

  • (b) for a second or subsequent offence, to a fine of not more than $500,000.

Defence — age verification

6 (1) It is not a defence to a charge under section 5 that the organization believed that the young person referred to in that section was at least 18 years of age unless the organization implemented a prescribed age-verification method to limit access to the sexually explicit material made available for commercial purposes to individuals who are at least 18 years of age.

Defence — legitimate purpose

(2) No organization shall be convicted of an offence under section 5 if the act that is alleged to constitute the offence has a legitimate purpose related to science, medicine, education or the arts.

Defence — compliance with notice

(3) No organization shall be convicted of an offence under section 5 if, in relation to the act that is alleged to constitute the offence, the organization has received notice under section 8 and has taken the steps referred to in paragraph 8(2)‍(c) within the period set out in paragraph 8(2)‍(d).

Non-Compliance Notice

Designation

7 The Governor in Council may, on the recommendation of the Minister, designate an agency, division or branch of the Government of Canada as the enforcement authority for the purposes of sections 8 and 9.

Notice

8 (1) If the enforcement authority has reasonable grounds to believe that an organization committed an offence under section 5, the enforcement authority may issue a notice to them under this section.

Content of notice

(2) The notice must state

  • (a) the identity of the organization;

  • (b) that the enforcement authority has reasonable grounds to believe that the organization has committed an offence under section 5;

  • (c) the steps that the enforcement authority considers necessary to ensure compliance with this Act;

  • (d) that the organization must, within 20 days after the notice is issued, take the steps referred to in paragraph (c);

  • (e) that, if the organization fails to take the steps referred to in paragraph (c) within the period set out in paragraph (d), the enforcement authority may apply to the Federal Court for an order requiring Internet service providers to prevent access to the sexually explicit material to young persons on the Internet in Canada; and

  • (f) that the organization may make representations to the enforcement authority in relation to any element of the notice within the period set out in paragraph (d).

Application to Federal Court

9 (1) If an organization that receives a notice under subsection 8(1) fails to take the steps referred to in paragraph 8(2)‍(c) within the period set out in paragraph 8(2)‍(d), the enforcement authority may, within 20 days after the day on which the period ended, apply to the Federal Court for an order requiring Internet service providers to prevent access to the sexually explicit material to young persons on the Internet in Canada.

Respondent

(2) The enforcement authority that applies for an order under subsection (1) must name, in addition to the non-complying organization, any Internet service provider who would be subject to the order as a respondent to the proceedings.

Hearing in summary way

(3) An application made under subsection (1) is to be heard and determined in a summary way in accordance with any special rules made in respect of such application under section 46 of the Federal Courts Act.

Order

(4) The Federal Court must order any respondent Internet service providers to prevent access to the sexually explicit material to young persons on the Internet in Canada if it determines that

  • (a) there are reasonable grounds to believe that the organization that has been given notice under subsection 8(1) has committed the offence referred to in section 5;

  • (b) that organization has failed to take the steps referred to in paragraph 8(2)‍(c) within the period set out in paragraph 8(2)‍(d); and

  • (c) the services provided by the Internet service providers who would be subject to the order may be used, in Canada, to access the sexually explicit material made available by that organization.

Effect of order

(5) If the Federal Court determines that it is necessary to ensure that the sexually explicit material is not made available to young persons on the Internet in Canada, an order made under subsection (4) may have the effect of preventing persons in Canada from being able to access

  • (a) material other than sexually explicit material made available by the organization that has been given notice under subsection 8(1); or

  • (b) sexually explicit material made available by the organization that has been given notice under subsection 8(1) even if the person seeking to access the material is not a young person.

Annual Report to Parliament

Annual report

10 The Minister must cause to be tabled in each House of Parliament, within three months after the end of the fiscal year or, if a House is not then sitting, on any of the first 15 days on which that House next sits, a report on the administration and implementation of this Act. The report must include, for the previous fiscal year,

  • (a) the number of notices issued under subsection 8(1);

  • (b) the number of applications for an order made under subsection 9(1); and

  • (c) the outcome of applications made pursuant to subsection 9(1).

Regulations

Regulations

11 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations prescribing the age-verification methods referred to in subsection 6(1).

Age-verification method

(2) Before prescribing an age-verification method under subsection (1), the Governor in Council must consider whether the method

  • (a) is reliable;

  • (b) maintains user privacy and protects user personal information;

  • (c) collects and uses personal information solely for age-verification purposes, except to the extent required by law;

  • (d) destroys any personal information collected for age-verification purposes once the verification is completed; and

  • (e) generally complies with best practices in the fields of age verification and privacy protection.

Coming into Force

One year after royal assent

12 This Act comes into force on the first anniversary of the day on which it receives royal assent.

Published under authority of the Senate of Canada

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