MINISTER OF JUSTICE

(a) establishes the Digital Safety Commission of Canada, whose mandate is to administer and enforce that Act, ensure that operators of social media services in respect of which that Act applies are transparent and accountable with respect to their duties under that Act and contribute to the development of standards with respect to online safety;

(b) creates the position of Digital Safety Ombudsperson of Canada, whose mandate is to provide support to users of social media services in respect of which that Act applies and advocate for the public interest in relation to online safety;

(c) establishes the Digital Safety Office of Canada, whose mandate is to support the Digital Safety Commission of Canada and the Digital Safety Ombudsperson of Canada in the fulfillment of their mandates;

(d) imposes on the operators of social media services in respect of which that Act applies

(e) authorizes the Digital Safety Commission of Canada to accredit certain persons that conduct research or engage in education, advocacy or awareness activities that are related to that Act for the purposes of enabling those persons to have access to inventories of electronic data and to electronic data of the operators of social media services in respect of which that Act applies;

(f) provides that persons in Canada may make a complaint to the Digital Safety Commission of Canada that content on a social media service in respect of which that Act applies is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent and authorizes the Commission to make orders requiring the operators of those services to make that content inaccessible to persons in Canada;

(g) authorizes the Governor in Council to make regulations respecting the payment of charges by the operators of social media services in respect of which that Act applies, for the purpose of recovering costs incurred in relation to that Act.

(a) create a hate crime offence of committing an offence under that Act or any other Act of Parliament that is motivated by hatred based on certain factors;

(b) create a recognizance to keep the peace relating to hate propaganda and hate crime offences;

(c) define “hatred” for the purposes of the new offence and the hate propaganda offences; and

(d) increase the maximum sentences for the hate propaganda offences.

(a) clarify the types of Internet services covered by that Act;

(b) simplify the mandatory notification process set out in section 3 by providing that all notifications be sent to a law enforcement body designated in the regulations;

(c) require that transmission data be provided with the mandatory notice in cases where the content is manifestly child pornography;

(d) extend the period of preservation of data related to an offence;

(e) extend the limitation period for the prosecution of an offence under that Act; and

(f) add certain regulation-making powers.

TABLE OF PROVISIONS

An Act respecting online harms

Short Title

Interpretation and Application

child means a person who is under 18 years of age.‍ (enfant)

Commission means the Digital Safety Commission of Canada established by section 10.‍ (Commission)

content that foments hatred means content that expresses detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination, within the meaning of the Canadian Human Rights Act, and that, given the context in which it is communicated, is likely to foment detestation or vilification of an individual or group of individuals on the basis of such a prohibited ground.‍ (contenu fomentant la haine)

content that incites violence means content that actively encourages a person to commit — or that actively threatens the commission of — an act of physical violence against a person or an act that causes property damage, and that, given the context in which it is communicated, could cause a person to commit an act that could cause

• (a) serious bodily harm to a person;

• (b) a person’s life to be endangered; or

• (c) serious interference with or serious disruption of an essential service, facility or system.‍ (contenu incitant à la violence)

content that incites violent extremism or terrorism means content that actively encourages a person to commit — or that actively threatens the commission of — for a political, religious or ideological purpose, an act of physical violence against a person or an act that causes property damage, with the intention of intimidating or denouncing the public or any section of the public or of compelling a person, government or domestic or international organization to do or to refrain from doing any act, and that, given the context in which it is communicated, could cause a person to commit an act that could cause

• (a) serious bodily harm to a person;

• (b) a person’s life to be endangered; or

• (c) a serious risk to the health or safety of the public or any section of the public.‍ (contenu incitant à l’extrémisme violent ou au terrorisme)

content that induces a child to harm themselves means content that advocates self-harm, disordered eating or dying by suicide or that counsels a person to commit or engage in any of those acts, and that, given the context in which it is communicated, could cause a child to inflict injury on themselves, to have an eating disorder or to die by suicide.‍ (contenu poussant un enfant à se porter préjudice)

content that sexually victimizes a child or revictimizes a survivor means

• (a) a visual representation that shows a child, or a person depicted as being a child, who is engaged in or depicted as being engaged in explicit sexual activity;

• (b) a visual representation that depicts the sexual organs or anal region of a child, if it is reasonable to suspect that the representation is created or communicated for a sexual purpose;

• (c) written material or an audio recording whose dominant characteristic is the description, presentation or representation of explicit sexual activity with a child, if it is reasonable to suspect that the material or recording is created or communicated for a sexual purpose;

• (d) a visual representation, written material or an audio recording that shows, describes, presents or represents any of the following, if it is reasonable to suspect that the representation, material or recording is created or communicated for a sexual purpose:

  • (i) a person touching, in a sexual manner, directly or indirectly, with a part of their body or with an object, any part of the body of a child or a person depicted as being a child,

  • (ii) a person who is engaged in or depicted as being engaged in explicit sexual activity in the presence of a child or a person depicted as being a child, or

  • (iii) a person exposing their sexual organs or anal region in the presence of a child or a person depicted as being a child;

• (e) a visual representation, written material or an audio recording in which or by means of which sexual activity between a person who is 18 years of age or more and a child is advocated, counselled or planned, other than one in which or by means of which sexual activity between a person who is 16 years of age or more but under 18 years of age and another person who is less than two years older than that person is advocated, counselled or planned;

• (f) a visual representation that shows a child who is being subjected to cruel, inhuman or degrading acts of physical violence;

• (g) any excerpt of a visual representation referred to in paragraph (a), if it is reasonable to suspect that the communication of the excerpt perpetuates harm against a person who as a child appeared in the visual representation; and

• (h) a visual representation, written material or an audio recording that, given the context in which it is communicated, is likely to bring to light a connection between a person and a visual representation, written material or audio recording referred to in any of paragraphs (a) to (d) in which the person appeared as a child, if it is reasonable to suspect that the communication of the representation, material or recording that is likely to bring to light that connection perpetuates harm against the person.‍ (contenu représentant de la victimisation sexuelle d’enfants ou perpétuant la victimisation de survivants)

content used to bully a child means content, or an aggregate of content, that, given the context in which it is communicated, could cause serious harm to a child’s physical or mental health, if it is reasonable to suspect that the content or the aggregate of content is communicated for the purpose of threatening, intimidating or humiliating the child.‍ (contenu visant à intimider un enfant)

harmful content means

• (a) intimate content communicated without consent;

• (b) content that sexually victimizes a child or revictimizes a survivor;

• (c) content that induces a child to harm themselves;

• (d) content used to bully a child;

• (e) content that foments hatred;

• (f) content that incites violence; and

• (g) content that incites violent extremism or terrorism.‍ (contenu préjudiciable)

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.‍ (peuples autochtones du Canada)

intimate content communicated without consent means

• (a) a visual recording, such as a photographic, film or video recording, in which a person is nude or is exposing their sexual organs or anal region or is engaged in explicit sexual activity, if it is reasonable to suspect that

  • (i) the person had a reasonable expectation of privacy at the time of the recording, and

  • (ii) the person does not consent to the recording being communicated; and

• (b) a visual recording, such as a photographic, film or video recording, that falsely presents in a reasonably convincing manner a person as being nude or exposing their sexual organs or anal region or engaged in explicit sexual activity, including a deepfake that presents a person in that manner, if it is reasonable to suspect that the person does not consent to the recording being communicated.‍ (contenu intime communiqué de façon non consensuelle)

Minister means the member of the King’s Privy Council for Canada designated under section 8 or, if no member is designated, the Minister of Canadian Heritage.‍‍ (ministre)

Office means the Digital Safety Office of Canada established by section 39.‍ (Bureau)

Ombudsperson means the Digital Safety Ombudsperson of Canada appointed under section 29.‍ (ombudsman)

operator means a person that, through any means, operates a regulated service. (exploitant)

person includes a corporation and a trust, a partnership, a fund, a joint venture and any other unincorporated association or organization.‍ (personne)

personal information has the same meaning as in section 3 of the Privacy Act.‍ (renseignements personnels)

regulated service means a service referred to in subsection 3(1).‍ (service réglementé)

social media service means a website or application that is accessible in Canada, the primary purpose of which is to facilitate interprovincial or international online communication among users of the website or application by enabling them to access and share content.‍ (service de média social)

visual representation includes a visual recording such as a photographic, film or video recording.‍ (représentation)

• (a) an adult content service, namely a social media service that is focused on enabling its users to access and share pornographic content; and

• (b) a live streaming service, namely a social media service that is focused on enabling its users to access and share content by live stream.

• (a) a visual representation referred to in paragraph (a) of that definition whose creation and communication have a legitimate purpose related to the administration of justice or to science, medicine, education or art and do not pose an undue risk of harm to children;

• (b) a visual representation referred to in paragraph (f) of that definition whose creation or communication has a legitimate purpose referred to in paragraph (a) and does not pose an undue risk of harm to children;

• (c) an excerpt of a visual representation referred to in paragraph (g) of that definition that is communicated for a legitimate purpose referred to in paragraph (a); and

• (d) a visual representation, written material or an audio recording referred to in paragraph (h) of that definition that is communicated for a legitimate purpose referred to in paragraph (a).

• (a) has a number of users that is equal to or greater than the significant number of users provided for by regulations made under subsection (2); or

• (b) has a number of users that is less than the number of users provided for by regulations made under subsection (2) and is designated by regulations made under subsection (3).

• (a) establishing types of social media services;

• (b) respecting the number of users referred to in that subsection, for each type of social media service; and

• (c) respecting the manner of determining the number of users of a social media service.

• (a) enables a user to communicate content to a limited number of users determined by the user; and

• (b) does not enable a user to communicate content to a potentially unlimited number of users not determined by the user.

Designation

Purposes of Act

• (a) promote the online safety of persons in Canada;

• (b) protect children’s physical and mental health;

• (c) considering that exposure to harmful content online impacts the safety and well-being of persons in Canada, mitigate the risk that persons in Canada will be exposed to harmful content online while respecting their freedom of expression;

• (d) enable persons in Canada to participate fully in public discourse and exercise their freedom of expression online without being hindered by harmful content;

• (e) reduce harms caused to persons in Canada as a result of harmful content online;

• (f) make content that sexually victimizes a child or revictimizes a survivor and intimate content communicated without consent inaccessible online;

• (g) ensure that operators are transparent and accountable with respect to their duties under this Act; and

• (h) contribute to the development of standards with respect to online safety.

PART 1 

Digital Safety Commission of Canada

• (a) ensuring the administration and enforcement of this Act;

• (b) ensuring that operators are transparent and accountable with respect to their duties under this Act;

• (c) investigating complaints relating to content that sexually victimizes a child or revictimizes a survivor and intimate content communicated without consent;

• (d) contributing to the development of standards with respect to online safety through research and educational activities;

• (e) facilitating the participation of Indigenous peoples of Canada and interested persons in the Commission’s activities; and

• (f) collaborating with interested persons, including operators, the Commission’s international counterparts and other persons having professional, technical or specialized knowledge.

• (a) freedom of expression;

• (b) equality rights;

• (c) privacy rights;

• (d) the needs and perspectives of the Indigenous peoples of Canada; and

• (e) any other factor that the Commission considers relevant.

PART 2 

Digital Safety Ombudsperson of Canada

• (a) gather information with respect to issues related to online safety, including with respect to harmful content, such as by obtaining the perspective of users of regulated services and victims of harmful content;

• (b) highlight issues related to online safety, including by making publicly available any information gathered under paragraph (a), other than personal information; and

• (c) direct users to resources, including those provided for under this Act, that may address their concerns regarding harmful content.

PART 3 

Digital Safety Office of Canada

PART 4 

Duties of Operators of Regulated Services

• (a) the effectiveness of the measures in mitigating the risk;

• (b) the size of the service, including the number of users;

• (c) the technical and financial capacity of the operator;

• (d) whether the measures are designed or implemented in a manner that is discriminatory on the basis of a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act; and

• (e) any factor provided for by regulations.

• (a) a standard of conduct that applies to users with respect to harmful content; and

• (b) a description of the measures that the operator implements with respect to harmful content on the service.

• (a) enable a user to easily flag to the operator content that is accessible on the service as being a particular type of harmful content;

• (b) notify a user who flagged content as being a particular type of harmful content of the operator’s receipt of the flag as well as of any measures taken by the operator with respect to the content or of the fact that no measures were taken; and

• (c) notify a user who communicated content that was flagged as being a particular type of harmful content of the fact that the content was flagged as well as of any measures taken by the operator with respect to the content or of the fact that no measures were taken.

• (a) is the subject of multiple instances of automated communication on the service by a computer program, other than a computer program that is implemented by the operator to facilitate the proper functioning of the service; and

• (b) is more prominent on the service than it would have been had it not been the subject of those multiple instances of automated communication by a computer program.

• (a) hear users’ concerns with respect to harmful content on the service or with respect to the measures that the operator implements to comply with this Act;

• (b) direct users to internal and external resources to address their concerns, such as an internal complaints mechanism, the Commission or a law enforcement agency; and

• (c) provide guidance to users with respect to those internal resources.

• (a) information respecting the manner in which the operator complies with sections 55 and 56, including

  • (i) the operator’s assessment of the risk that users of the service will be exposed to harmful content on the service,

  • (ii) a description of the measures that the operator implements to mitigate the risk,

  • (iii) the operator’s assessment of the effectiveness of the measures — both individually and collectively — in mitigating the risk,

  • (iv) a description of the indicators that the operator uses to assess the effectiveness of the measures, and

  • (v) information respecting the factors referred to in subsection 55(2);

• (b) information respecting the manner in which the operator complies with sections 57 to 61, including a description of the measures that the operator implements under those sections;

• (c) information respecting the manner in which the operator complies with section 65, including a description of the design features that the operator integrates into the service under that section;

• (d) information respecting any measures that the operator implements to protect children, other than those that it implements under section 65;

• (e) information respecting the resources, including human resources, that the operator allocates in order to comply with sections 55 to 61 and 65, including information respecting the resources that the operator allocates to automated decision-making;

• (f) information respecting the volume and type of harmful content that was accessible on the service, including the volume and type of harmful content that was moderated, and the volume and type of harmful content that would have been accessible on the service had it not been moderated, as well as the manner in which and the time within which harmful content was moderated;

• (g) information respecting

  • (i) the number of times that content that was accessible on the service was flagged to the operator by users of the service as being harmful content, including the number of flags relating to each type of harmful content,

  • (ii) the manner in which the operator triaged and assessed the flags,

  • (iii) measures taken by the operator with respect to content that was flagged as being harmful content, and

  • (iv) the time within which the operator took measures with respect to content that was flagged as being harmful content;

• (h) information respecting the content, other than harmful content, that was moderated by the operator and that the operator had reasonable grounds to believe posed a risk of significant psychological or physical harm, including

  • (i) a description of the content,

  • (ii) the volume of the content that was accessible on the service or that would have been accessible had it not been moderated, and

  • (iii) the manner in which and the time within which the content was moderated;

• (i) information respecting the concerns heard by the resource person referred to in subsection 61(1) and the internal and external resources to which the resource person directed users for the purposes of that subsection;

• (j) information respecting the topics, and a summary of the findings, conclusions or recommendations, of any research conducted by or on behalf of the operator with respect to

  • (i) harmful content on the service,

  • (ii) content on the service that poses a risk of significant psychological or physical harm, other than harmful content, or

  • (iii) design features of the service that pose a risk of significant psychological or physical harm;

• (k) information respecting the measures implemented by the operator for the purposes of complying with the operator’s duties with respect to the service under An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service;

• (l) an inventory of all electronic data, other than content that was communicated by users on the service, that was used to prepare the information referred to in paragraphs (a) to (g), (i) and (m); and

• (m) any other information provided for by regulations.

• (a) the inventory of electronic data referred to in paragraph (1)‍(l);

• (b) information that is a trade secret; or

• (c) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person to whose business or affairs it relates.

• (a) must make that content inaccessible to all persons in Canada within the period that applies under subsection (2) and continue to make it inaccessible until the operator makes a decision under subsection 69(2); and

• (b) must, within the period that applies under subsection (2), give notice to the user who communicated the content on the service that the content has been made inaccessible.

• (a) the flag is trivial, frivolous, vexatious or made in bad faith; or

• (b) the content that is the subject of the flag is or has already been the subject of another flag and further assessment of the flag is unnecessary having regard to all of the circumstances.

• (a) make the content inaccessible to all persons in Canada without delay, if subsection 69(4) does not already apply to the operator in respect of the content; or

• (b) continue to make the content inaccessible to all persons in Canada if subsection 69(4) applies.

PART 5 

Access to Inventories and Electronic Data

• (a) the person’s primary purpose is to conduct research or engage in education, advocacy or awareness activities; and

• (b) the person conducts research that is, or engages in education, advocacy or awareness activities that are, related to the purposes of this Act.

• (a) a description of the research project in respect of which access to electronic data is requested and a description of how the research project is related to the purposes of this Act;

• (b) information respecting the individuals who are undertaking the research project and for whom access to electronic data is requested;

• (c) the name of the operator from which access to electronic data is requested and the name of the regulated service to which the electronic data relates;

• (d) a description of the electronic data to which access is requested, which must be referred to in an inventory of electronic data that is included in a digital safety plan that has been submitted to the Commission under subsection 62(1) in respect of the regulated service;

• (e) an indication of the time within which access to the electronic data is requested;

• (f) an indication of the length of time for which access to the electronic data is requested;

• (g) a description of how any conditions set out in the regulations with respect to confidentiality, intellectual property, data security and the protection of personal information will be met; and

• (h) any other information provided for by regulations.

• (a) the name of the regulated service to which it relates;

• (b) the individuals referred to in paragraph (3)‍(b) to whom access to the electronic data must be given;

• (c) the electronic data referred to in paragraph (3)‍(d) to which access must be given;

• (d) the time within which access to the electronic data must be given;

• (e) the length of time for which access to the electronic data must be given;

• (f) any conditions with respect to confidentiality, intellectual property, data security and the protection of personal information;

• (g) any other conditions that the Commission considers appropriate; and

• (h) any other information provided for by regulations.

PART 6 

Remedies

• (a) the employee’s identity; and

• (b) any information in the submissions that the employee identifies as being likely to reveal their identity.

• (a) a member of the Commission or any individual acting on behalf of the Commission or under its direction;

• (b) an employee of the Office; and

• (c) the Chief Executive Officer of the Office.

• (a) a member of the Commission or any individual acting on behalf of the Commission or under its direction;

• (b) an employee of the Office; and

• (c) the Chief Executive Officer of the Office.

• (a) information in respect of which the employee withdraws the request;

• (b) information that is publicly available; and

• (c) information that the Commission obtains from a source other than the submissions made by the employee.

• (a) for a first offence, to a fine of not more than $5,000; and

• (b) for a second or subsequent offence, to a fine of not more than $10,000.

• (a) the complaint is trivial, frivolous, vexatious or made in bad faith; or

• (b) the content that is the subject of the complaint is or has already been the subject of another complaint and further assessment of the complaint is unnecessary having regard to all of the circumstances.

• (a) give notice of the complaint to the operator of the regulated service to which the complaint relates and the user who communicated the content on the service; and

• (b) make an order requiring the operator to, without delay, make the content inaccessible to all persons in Canada and to continue to make it inaccessible until the Commission gives notice to the operator of its decision under subsection 82(4) or (5), as the case may be.

PART 7 

Administration and Enforcement

• (a) summon and enforce the appearance of persons before the Commission and compel them to give oral or written evidence on oath and to produce any documents or other things that the Commission considers necessary, in the same manner and to the same extent as a superior court of record;

• (b) administer oaths;

• (c) receive and accept any evidence or other information, whether on oath, by affidavit or otherwise, that the Commission sees fit, whether or not it would be admissible in a court of law; and

• (d) decide any procedural or evidentiary question.

• (a) a complaint made under subsection 81(1); or

• (b) any other matter relating to an operator’s compliance with this Act.

• (a) it would be in the public interest;

• (b) it would be in the interest of victims of harmful content;

• (c) it would be in the national interest, including if there is a risk of injury to Canada’s international relations, national defence or national security;

• (d) a person’s privacy interest outweighs the principle that hearings be open to the public; or

• (e) the following information may be disclosed:

  • (i) information that is a trade secret,

  • (ii) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person to whose business or affairs it relates, or

  • (iii) information whose disclosure could reasonably be expected to

    • (A) result in material financial loss or gain to any person,

    • (B) prejudice the competitive position of any person, or

    • (C) affect contractual or other negotiations of any person.

• (a) examine any document or information that is found in the place, copy it in whole or in part and take it for examination or copying;

• (b) examine any other thing that is found in the place and take it for examination;

• (c) use or cause to be used any computer system at the place to examine any document or information that is found in the place;

• (d) reproduce any document or information or cause it to be reproduced and take it for examination or copying; and

• (e) use or cause to be used any copying equipment or means of telecommunication at the place to make copies of or transmit any document or information.

• (a) the dwelling-house is a place referred to in subsection 91(1);

• (b) entry to the dwelling-house is necessary for the purpose referred to in that subsection; and

• (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that it will be refused by, or that consent to enter cannot be obtained from, the occupant.

• (a) contravenes a provision of this Act or the regulations;

• (b) contravenes an order of the Commission;

• (c) contravenes a requirement imposed by an inspector under section 93;

• (d) contravenes an undertaking that it entered into with the Commission or a person authorized to enter into undertakings;

• (e) contravenes a requirement imposed by the Commission under section 117 or subsection 119(2);

• (f) obstructs or hinders the Commission, an inspector or a person authorized to issue a notice of violation, in the exercise of their powers or the performance of their duties and functions; or

• (g) makes a false or misleading statement orally or in writing to the Commission, an inspector or a person authorized to issue a notice of violation, in the exercise of their powers or the performance of their duties and functions.

• (a) contravenes section 4;

• (b) contravenes a requirement imposed by an inspector under section 93;

• (c) obstructs or hinders the Commission, an inspector or a person authorized to issue a notice of violation, in the exercise of their powers or the performance of their duties and functions; or

• (d) makes a false or misleading statement orally or in writing to the Commission, an inspector or a person authorized to issue a notice of violation, in the exercise of their powers or the performance of their duties and functions.

• (a) the name of the person that is believed to have committed the violation;

• (b) the act or omission giving rise to the violation;

• (c) the provision at issue;

• (d) the penalty that the person is liable to pay;

• (e) a statement informing the person that they may pay the penalty, make representations to the Commission with respect to the violation or the penalty or enter into an undertaking in relation to the act or omission giving rise to the violation and specifying the time and manner for paying the penalty, making representations or entering into an undertaking; and

• (f) a statement informing the person that if they do not pay the penalty, make representations or enter into an undertaking in relation to the act or omission giving rise to the violation, within the time and in the manner set out in the notice, they will be deemed to have committed the violation.

• (a) the nature and scope of the violation;

• (b) the history of compliance with this Act by the person that is believed to have committed the violation;

• (c) any benefit that the person obtained by committing the violation;

• (d) the ability of the person to pay the penalty and the likely effect of paying it on their ability to carry on their business;

• (e) the purpose of the penalty;

• (f) any factor prescribed by regulation; and

• (g) any other relevant factor.

• (a) impose the penalty set out in the notice of violation, a lesser penalty or no penalty;

• (b) suspend payment of the penalty subject to any conditions that the Commission considers necessary; and

• (c) make an order requiring the person to take, or refrain from taking, any measure to ensure compliance with this Act.

• (a) is to set out the act or omission to which it relates;

• (b) is to set out the provision at issue;

• (c) may contain any conditions that the Commission or authorized person considers appropriate; and

• (d) may include a requirement to pay a specified amount.

• (a) the amount of a penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made or an undertaking is entered into within the time and in the manner specified in the notice;

• (b) the amount specified in an undertaking, beginning on the day on which the undertaking is accepted by the Commission or a person authorized to enter into undertakings;

• (c) the amount of the penalty imposed by the Commission, beginning on the day on which it is required to be paid in accordance with the notice of decision served under subsection 104(5); and

• (d) the amount of any costs or expenses incurred in attempting to recover an amount referred to in paragraphs (a) to (c).

• (a) the name of a person that is deemed, or found by the Commission, to have committed a violation, the act or omission that gave rise to the violation, the provision that was contravened and the amount of any penalty; or

• (b) the name of a person that entered into an undertaking, along with the text of the undertaking, other than the signatures of the individuals who signed it.

• (a) contravenes an order of the Commission;

• (b) contravenes an undertaking that it entered into with the Commission or a person authorized to enter into undertakings;

• (c) contravenes a requirement imposed by the Commission under section 117 or subsection 119(2);

• (d) obstructs or hinders the Commission, an inspector or a person authorized to issue a notice of violation, in the exercise of their powers or the performance of their duties and functions; or

• (e) makes a false or misleading statement orally or in writing to the Commission, an inspector or a person authorized to issue a notice of violation, in the exercise of their powers or the performance of their duties and functions.

• (a) on conviction on indictment, to a fine of not more than 8% of the operator’s gross global revenue or $25 million, whichever is greater; or

• (b) on summary conviction, to a fine of not more than 7% of the operator’s gross global revenue or $20 million, whichever is greater.

• (a) contravenes subsection 91(5); or

• (b) contravenes a requirement imposed by an inspector under section 93.

• (a) on conviction on indictment,

  • (i) to a fine of not more than 3% of the person’s gross global revenue or $10 million, whichever is greater, in the case of a person that is not an individual, and

  • (ii) to a fine at the discretion of the court, in the case of an individual; or

• (b) on summary conviction,

  • (i) to a fine of not more than 2% of the person’s gross global revenue or $5 million, whichever is greater, in the case of a person that is not an individual, and

  • (ii) to a fine of not more than $50,000, in the case of an individual.

• (a) providing for the circumstances in which any of paragraphs 96(1)‍(a) to (g) and (2)‍(a) to (d) do not apply;

• (b) respecting the determination of gross global revenue for the purposes of section 101 and subsections 120(2) and 121(2);

• (c) prescribing factors that are to be taken into account in determining the amount of an administrative monetary penalty;

• (d) respecting undertakings referred to in section 107; and

• (e) respecting the service of documents, including the manner and proof of service and the circumstances under which documents are considered to be served.

PART 8 

Protections, Reports and Information Sharing

• (a) information that is a trade secret; or

• (b) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it or the person to whose business or affairs it relates.

• (a) a member of the Commission or any individual acting on behalf of the Commission or under its direction;

• (b) the Ombudsperson or any individual acting on their behalf or under their direction;

• (c) an employee of the Office; and

• (d) the Chief Executive Officer of the Office or any individual acting on their behalf or under their direction.

• (a) for a first offence, to a fine of not more than $5,000; and

• (b) for a second or subsequent offence, to a fine of not more than $10,000.

• (a) any complaints that the Commission received under subsection 81(1), presented in a manner that protects the identity of the complainants;

• (b) any orders made under paragraph 81(4)‍(b) or subsection 82(5) or 94(1);

• (c) any inspections conducted under this Act; and

• (d) any agreements or arrangements that the Commission enters into under section 136.

• (a) for the making of regulations by the Governor in Council under this Act; or

• (b) for the purpose of ensuring that this Act and the regulations are effective and up to date.

PART 9 

General

• (a) charges that are payable by the operator of a regulated service;

• (b) the manner of calculating those charges and the manner of their payment; and

• (c) the circumstances in which an operator is exempted from the payment of any charges based on the operator’s ability to pay.

• (a) respecting the information that must be provided under section 4;

• (b) respecting the factors referred to in paragraphs 55(2)‍(a) to (d);

• (c) respecting factors that the Commission must take into account under paragraph 55(2)‍(e);

• (d) respecting measures that operators must implement under section 56;

• (e) respecting the guidelines referred to in section 57, including the duty under that section to make the guidelines publicly available;

• (f) respecting the tools referred to in section 58, including the duty under that section to make those tools available to users;

• (g) respecting the tools and processes referred to in subsection 59(1), including the duty under that section to implement those tools and processes;

• (h) respecting the duty under section 60 to label harmful content;

• (i) respecting the duty under section 61 to make a resource person available to users and the manner in which the resource person fulfills their role;

• (j) respecting the duty under subsection 62(1) to submit a digital safety plan, including the time within which and the manner in which it must be submitted and the period to which it must relate;

• (k) respecting the information required under paragraphs 62(1)‍(a) to (l), including the manner in which the information must be organized in the digital safety plan;

• (l) respecting information required under paragraph 62(1)‍(m);

• (m) respecting the duty under subsection 62(4) to make the digital safety plan publicly available, including the time within which and the manner in which it must be made publicly available;

• (n) respecting the duty under section 63 to preserve harmful content;

• (o) respecting design features for the protection of children referred to in section 65, such as account options for children, parental controls, privacy settings for children and other age appropriate design features;

• (p) respecting the duty under sections 67 to 70 to make certain content inaccessible to persons in Canada, the making of representations under subsections 69(1) and 70(2) and requests for reconsideration under subsection 70(1);

• (q) respecting the duty under section 72 to keep records, including the length of time for which the records must be kept;

• (r) respecting the accreditation of persons under subsection 73(1), including

  • (i) conditions that apply to persons who are accredited, and

  • (ii) criteria and procedures for the suspension or revocation of an accreditation;

• (s) respecting access to inventories of electronic data given under subsection 73(2), including the conditions to which access is subject, including with respect to confidentiality, data security and the protection of personal information;

• (t) respecting requests made under section 74 for access to electronic data, orders made under that section and access to electronic data granted under those orders;

• (u) respecting conditions with respect to confidentiality, intellectual property, data security and the protection of personal information under which access to electronic data is granted under orders made under section 74 and any other conditions under which that access is granted;

• (v) respecting the revocation or amendment of orders under section 75, including requests and determinations made under that section;

• (w) respecting the case management of complaints made under subsection 81(1) and the transmission, preservation and treatment of content that is the subject of a complaint and any information related to that content;

• (x) respecting an operator’s duties under subsections 81(5) and (6) and 82(6); and

• (y) respecting the manner in which a person is to publish the notice referred to in subsection 119(2).

• (a) respecting the meaning of the expression “significant psychological or physical harm” for the purposes of paragraphs 62(1)‍(h) and (j);

• (b) providing for a period for the purposes of subsection 67(2); and

• (c) providing for a period for the purposes of subsection 68(5).

PART 10 

Coming into Force

143 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

Digital Safety Commission of Canada

Commission canadienne de la sécurité numérique

Digital Safety Office of Canada

Bureau canadien de la sécurité numérique

Digital Safety Ombudsperson of Canada

Ombudsman canadien de la sécurité numérique

Digital Safety Office of Canada

Bureau canadien de la sécurité numérique

Digital Safety Office of Canada

Bureau canadien de la sécurité numérique

Digital Safety Office of Canada

Bureau canadien de la sécurité numérique

Digital Safety Commission of Canada

Commission canadienne de la sécurité numérique

Digital Safety Office of Canada

Bureau canadien de la sécurité numérique

Digital Safety Ombudsperson of Canada

Ombudsman canadien de la sécurité numérique

Digital Safety Commission of Canada

Commission canadienne de la sécurité numérique

Digital Safety Office of Canada

Bureau canadien de la sécurité numérique

Digital Safety Ombudsperson of Canada

Ombudsman canadien de la sécurité numérique

135.‍1 If the Commission has reasonable grounds to believe that information in its possession is relevant to the administration and enforcement of the Artificial Intelligence and Data Act, the Commission must share that information with the person designated as the Artificial Intelligence and Data Commissioner under subsection 33(1) of that Act so that that person may fulfil their mandate under that Act.

320.‍1001 (1) Everyone who commits an offence under this Act or any other Act of Parliament, if the commission of the offence is motivated by hatred based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, is guilty of an indictable offence and liable to imprisonment for life.

(2) For the purposes of subsection (1), hatred has the same meaning as in subsection 319(7).

(3) For greater certainty, the commission of an offence under this Act or any other Act of Parliament is not, for the purposes of this section, motivated by hatred based on any of the factors mentioned in subsection (1) solely because it discredits, humiliates, hurts or offends the victim.

(b) agrees to keep the peace and be of good behaviour (sections 83.‍3, 810, 810.‍01, Insertion start 810.‍012 Insertion end , 810.‍1 and 810.‍2 of the Criminal Code);

(e) wears an electronic monitoring device (if the Attorney General makes the request) (sections 810.‍01, Insertion start 810.‍012 Insertion end , 810.‍1 and 810.‍2 of the Criminal Code);

(g) returns to and remains at their place of residence at specified times (sections 810.‍01, Insertion start 810.‍012 Insertion end , 810.‍1 and 810.‍2 of the Criminal Code);

(h) abstains from the consumption of drugs, except in accordance with a medical prescription (sections 810.‍01, Insertion start 810.‍012 Insertion end , 810.‍1 and 810.‍2 of the Criminal Code);

(i) abstains from the consumption of alcohol or of any other intoxicating substance, except in accordance with a medical prescription (sections 810.‍01, Insertion start 810.‍012 Insertion end , 810.‍1 and 810.‍2 of the Criminal Code);

3 An offence under section 320.‍1001 of the Criminal Code, if the offence motivated by hatred is also an offence set out in section 1 or 2 of this Schedule.

4 An offence under section 320.‍1001 of the Criminal Code, if the offence motivated by hatred is also an offence set out in any of sections 1 to 3 of this Schedule.

7 An offence under section 320.‍1001 of the Criminal Code, if the offence motivated by hatred is also an offence set out in any of sections 1 to 6 of this Schedule and its commission

(2) A youth justice court has exclusive jurisdiction to make orders against a young person under sections 83.‍3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.‍01 (recognizance — fear of certain offences), 810.‍011 (recognizance — fear of terrorism offence), Insertion start 810.‍012 (recognizance — fear of hate propaganda offence or hate crime) Insertion end , 810.‍02 (recognizance — fear of forced marriage or marriage under age of 16 years) and 810.‍2 (recognizance — fear of serious personal injury offence) of the Criminal Code and the provisions of this Act apply, with any modifications that the circumstances require. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)‍(n) (custody and supervision order), it shall not exceed 30 days.

(b) agrees to keep the peace and be of good behaviour (sections 83.‍3, 810, 810.‍01, 810.‍012, 810.‍03, 810.‍1 and 810.‍2 of the Criminal Code);

(h) abstains from the consumption of drugs, except in accordance with a medical prescription (sections 810.‍01, 810.‍012, 810.‍03, 810.‍1 and 810.‍2 of the Criminal Code);

(i) abstains from the consumption of alcohol or of any other intoxicating substance, except in accordance with a medical prescription (sections 810.‍01, 810.‍012, 810.‍03, 810.‍1 and 810.‍2 of the Criminal Code);