Bill C-58

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-58

An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service

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

SHORT TITLE

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

INTERPRETATION

2. (1) The following definitions apply in this Act.

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

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

(a) subsection 163.1(2) (making child por- nography);

(b) subsection 163.1(3) (distribution, etc., of child pornography);

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

(d) subsection 163.1(4.1) (accessing child pornography).

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

“Internet service” means Internet access, Internet content hosting or electronic mail.

“person” means an individual, a corporation, a partnership or an unincorporated association or organization.

(2) The descriptive words in parentheses that follow the reference to a provision of the Criminal Code in the definition “child pornog- raphy offence” in subsection (1) do not form part of that definition but are inserted for convenience of reference only.

DUTIES

3. 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 pornography 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.

4. 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 pornography 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.

5. (1) A person who makes a notification under section 4 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.

6. A person must not disclose that they have made a report under section 3 or a notification under section 4, 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.

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

8. A civil proceeding cannot be commenced against a person for making a report in good faith under section 3 or for making a notification in good faith under section 4.

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

10. A person who has reported information in compliance with an obligation to report child pornography under the laws of a province or a foreign jurisdiction is deemed to have complied with this Act in relation to that information.

OFFENCES AND PUNISHMENT

11. Every person who knowingly contravenes any of sections 3 to 6 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.

12. 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

13. The Governor in Council may make regulations

(a) designating an organization for the purpose of section 3;

(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 3;

(d) respecting a notification under section 4;

(e) respecting security measures to be taken in relation to computer data preserved under section 5; and

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

COMING INTO FORCE

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