Bill C-210

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First Reading

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	1st Session, 37th Parliament, 49-50 Elizabeth II,
	House of Commons of Canada
	BILL C-210
	An Act to prevent the use of the Internet to distribute material that advocates, promotes or incites racial hatred, violence against women or child pornography
	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 Clean Internet Act.
Definitions	2. In this Act
``child pornography'' « pornographi e juvénile »	``child pornography'' has the meaning given to the expression in section 163.1 of the Criminal Code;
``Commission '' « Conseil »	``Commission'' means the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act;
``Internet'' « Internet »	``Internet'' means the international computer net known by that name;
``Internet service provider'' « fournisseur de services Internet »	``Internet service provider'' means a person who provides a service that facilitates access to the Internet, whether or not the service is provided free or for a charge;
``Minister'' « ministre »	``Minister'' means the Minister of Industry;
``prescribed offence involving a child'' « infraction déterminée à l'égard d'un enfant »	``prescribed offence involving a child'' means an offence under any of the following provisions of the Criminal Code, where
	(i) the victim was under the age of fourteen, or
	(ii) the victim was fourteen or more but under eighteen, and the offender was in a position of trust or authority toward the victim or the victim was in a relationship of dependency on the offender:
	section 151 (sexual interference);
	section 152 (invitation to sexual touching);
	section 153 (sexual exploitation);
	section 155 (incest);
	section 159 (anal intercourse);
	subsection 160(2) or (3) (compelling bestiality or bestiality in presence of child);
	section 170 (parent or guardian procuring sexual activity);
	section 172 (corrupting children);
	section 173(2) (exposure to person under fourteen);
	section 271 (sexual assault);
	section 272 (sexual assault with a weapon);
	section 273 (aggravated sexual assault);
``subscriber'' « abonné »	``subscriber'' means a person who contracts with or uses the services of an Internet service provider to obtain access to the Internet.
Purpose of Act	3. The purpose of this Act is to prevent the use of the Internet to advocate, promote or incite violence against women, hatred against any identifiable group or child pornography, or to advocate or facilitate participation in sexual activity involving young persons.
Service providers licensed	4. (1) No person may offer the services of or operate as an Internet service provider unless the person has, on application in the form prescribed by the regulations, been granted a licence to operate as an Internet service provider pursuant to subsection (2).
Licence from Commission	(2) Every person who wishes to offer the services of an Internet service provider may apply for a licence to the Commission in the manner prescribed by the regulations.
Require- ments for licence	(3) The Commission shall grant a licence to an applicant who meets the requirements established by and undertakes to provide the information required by the regulations.
Licence cancelled	(4) The Commission may cancel the licence of any Internet service provider if the licensee is convicted, or if the licensee is a corporation, if a director or officer of the corporation is convicted of an offence under
	(a) this Act;
	(b) the Criminal Code, in the commission of which a woman is the victim of physical violence;
	(c) section 319 of the Criminal Code (public incitement of hatred);
	(d) section 163.1 of the Criminal Code (child pornography); or
	(e) a prescribed offence involving a child.
Prohibited service	5. (1) No Internet service provider shall knowingly permit the use of its service
	(a) to advocate, promote or incite violence against women or hatred against any identifiable group or facilitate participation in unlawful sexual activity involving young persons;
	(b) for the placing of child pornography on the Internet or the viewing, reading, copying or recovery of child pornography from the Internet;
	(c) by any person who the provider knows has been convicted of any offence mentioned in subsection 4(4) within the previous seven years; or
	(d) who the provider has reason to believe has used the Internet for a purpose that would be an offence under this Act within the previous seven years.
Exception	(2) An Internet service provider who becomes aware that a person is using its service or facilities to commit an offence under this Act and who, as soon as possible thereafter:
	(a) terminates its Internet service to that person;
	(b) takes all reasonable steps to remove or prevent access to any material placed on the Internet by that person that constitutes the offence; and
	(c) advises the Minister of the identity of that person, the nature of the material and the means whereby it may be accessed by others,
	is not guilty of an offence under subsection (1).
Use of Internet to promote violence against women	6. (1) No person shall place material on the Internet that may be communicated to another person or to which another person may gain access, whether such access is open or restricted by the requirement for a payment or by any other means whatsoever, if the material advocates, promotes or incites violence against women.
Possession of material from Internet	(2) No person shall possess any material referred to in subsection (1) that has been obtained from the Internet, except if such possession is solely to provide evidence of an offence against this Act.
Use of Internet to promote hatred	7. (1) No person shall place material on the Internet that may be communicated to another person or to which another person may gain access, whether such access is open or restricted by the requirement for a payment or by any other means whatsoever, if the material advocates, promotes or incites hatred against an identifiable group within the meaning given to that expression by section 319 of the Criminal Code, or if the placing constitutes an offence under that section.
Possession of material from Internet	(2) No person shall possess any material referred to in subsection (1) that has been obtained from the Internet, except if much possession is solely to provide evidence of an offence against this Act.
Use of Internet for child pornography	8. (1) No person shall place material on the Internet that may be communicated to another person or to which another person may gain access, whether such access is open or restricted by the requirement for a payment or by any other means whatsoever, if the material advocates, promotes or incites child pornography
Possession of child pornography from Internet	(2) No person shall possess any child pornography obtained from the Internet, except if such possession is solely to provide evidence of an offence against this Act.
Use of Internet to contact child	(3) No person shall use the Internet to contact or attempt to contact a person under the age of eighteen years for the purpose of facilitating a prescribed offence involving a child.
Person receiving contact	(4) A person who receives a contact from another person for the purpose mentioned in subsection (3), who continues with that contact or who fails to take all reasonable steps to discontinue that contact is deemed to commit an offence under subsection (3).
Offence and penalty	9. (1) A person who contravenes subsection 6(2), 7(2) or 8(2) is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.
Idem	(2) A person who contravenes subsection 5(1) is guilty of an offence and liable on summary conviction to a fine not exceeding fifty thousand dollars, or to imprisonment for a term not exceeding one year, or to both fine and imprisonment.
Idem	(3) A person who contravenes subsection 6(1), 7(1) 8(1) or 8(3) is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred thousand dollars, or to imprisonment for a term not exceeding two years, or to both fine and imprisonment.
Directors and officers	(4) A director or officer of a corporation that commits an offence referred to in subsection (1), (2) or (3) who was aware of the circumstances on which the offence is based before it was committed, or became aware of them while it was being committed, is also guilty of the offence and liable to the punishments provided in subsection (1), (2) or (3), as the case may be.
Access blocked	10. If ordered by the Minister, an Internet service provider shall use all means that are reasonably available to the provider to prevent access by its subscribers to any material on the Internet that the Minister, after reasonable inquiry, determines to be child pornography or that advocates, promotes or incites violence against women or an offence under section 319 of the Criminal Code.
Offence and penalty	11. (1) An Internet service provider who refuses or fails to comply with an order made under section 10 is guilty of an offence and liable on summary conviction to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding one year or to both fine and imprisonment.
Directors and officers	(2) A director or officer of a corporation that is an Internet service provider that commits an offence under subsection (1) is also guilty of the offence and liable to the punishments provided in that subsection.
Agreements	12. The Minister may enter into agreements with a province or a foreign state for the exchange of information and cooperation to prevent or minimize the use of the Internet for the publication or proliferation of child pornography, or to facilitate the commission of an offence under the Criminal Code, or this Act, or a similar law of the province or foreign state.
Warrants	13. (1) The Minister may prescribe by regulation any powers that are reasonably necessary, in the opinion of the Minister, to facilitate searches of electronic data or systems or storage in the exercise of a search warrant issued under section 487 of the Criminal Code, in respect of an offence or suspected offence under this Act.
Warrant subject to usual principles	(2) A warrant issued with the powers prescribed under subsection (1) is subject to the same principles respecting authorization and grounds for suspicion, and to the procedures and conditions required in respect of a search warrant under the Criminal Code.
Regulations	14. The Minister may make regulations
	(a) specifying the procedure and form of applications for licences under section 4;
	(b) specifying the financial and technical resources that an applicant must show to the Commission to be licensed under section 4;
	(c) requiring persons licensed under section 4 to report information to the Commission for the purposes of this Act and specifying the information; and
	(d) providing special powers for warrants for the purposes of subsection 13(2).

Bill C-210

BILL C-210