C-341453-4Charles III2025-2026An Act to enact the Digital Safety Act and the Digital Safety Commission of Canada Act and to make consequential amendments to other ActsSafe Social Media Act Safe Social Media Act20266
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MINISTER OF CANADIAN IDENTITY AND CULTURE AND MINISTER RESPONSIBLE FOR OFFICIAL LANGUAGES 91268RECOMMENDATIONHer Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to enact the Digital Safety Act and the Digital Safety Commission of Canada Act and to make consequential amendments to other Acts”.SUMMARYPart 1 enacts the Digital Safety Act, whose purpose is, among other things, to promote the safety of persons in Canada, particularly children, reduce harms caused to them as a result of harmful content online and ensure that the operators of regulated social media services, regulated chatbot services and other regulated online services are transparent and accountable with respect to their duties under that Act.That Act, among other things,imposes on the operators of regulated servicesa duty to act responsibly in respect of the regulated social media services that they operate, including by implementing measures that are adequate to mitigate the risk that users will be exposed to harmful content on the services, by providing tools to users to enable them to block other users and flag harmful content and by labelling synthetic content,a duty to act responsibly in respect of the regulated chatbot services that they operate, including by implementing measures that are adequate to mitigate the risk that the chatbot will communicate harmful content to a user, measures to ensure intervention in crisis situations and measures that are adequate to mitigate the risk that the chatbot will engage in certain harmful behaviours,a duty to protect children in respect of all of the regulated services that they operate by integrating into those services design features that are set out in the regulations, by implementing minimum-age restrictions for accessing pornographic content on regulated services, and, if provided for by regulations, by implementing minimum-age restrictions for being able to have an account with, or being otherwise registered with, regulated social media services,a duty, in respect of the regulated social media services that they operate, to make inaccessible to persons in Canada, in certain circumstances, content on that service that sexually victimizes a child or revictimizes a survivor and intimate content communicated without consent, anda duty to be transparent in respect of all of the regulated services that they operate, including by submitting a digital safety plan to the Digital Safety Commission of Canada to assist it in determining whether an operator is complying with its duties under that Act;authorizes the Governor in Council to make regulations to make the operators of other online services subject to the duty to protect children and the duty to be transparent;provides that persons in Canada may make a complaint to the Digital Safety Commission of Canada that content on a regulated social media service is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent and authorizes the Commission to make an order requiring the operator of the service to make that content inaccessible to persons in Canada if the person making the complaint has used their best efforts to seek recourse from the operator of the service under that Act; andprovides that persons in Canada may make submissions to the Digital Safety Commission of Canada respecting the measures taken by the operator of a regulated service to comply with its duties under that Act.Part 2 enacts the Digital Safety Commission of Canada Act, which establishes the Digital Safety Commission of Canada, which has powers, duties and functions under the Digital Safety Act. The Part also makes consequential amendments to other Acts.TABLE OF PROVISIONSAn Act to enact the Digital Safety Act and the Digital Safety Commission of Canada Act and to make consequential amendments to other ActsShort TitleSafe Social Media ActDigital Safety ActEnactment of ActAn Act respecting digital safetyAlternative TitleDigital Safety ActInterpretation and ApplicationDefinitionsClarification — telecommunications service providersGross global revenue — affiliated groups of personsRegulations — categories of online servicesRegulated social media serviceRegulated chatbot serviceRegulated online serviceDuty to provide informationExclusion of serviceExclusion of private messaging featureProactive search of content not requiredDesignation of MinisterDesignationPurposes of ActPurposesCommissionMandate under this ActGuidelines and other documentsGuidelinesRequirementsHearings and reportsDuties of OperatorsRegulated ServicesDuty to Protect ChildrenGeneral DutyDuty to protect childrenDesign FeaturesDesign featuresPornographic ContentAge measuresMeasures in regulationsGuidelinesGuidelinesDuty to Be TransparentRecords — compliance with dutiesRegulated Social Media ServicesDuty to Protect ChildrenGeneral DutyDuty to protect childrenMinimum AgeObligationMeasures in regulationsExemptionGuidelinesGuidelinesDuty to Act ResponsiblyDuty to act responsiblyDuty to implement measures — harmful contentMeasures in regulations — harmful contentGuidelinesTools to block usersTools and processes to flag harmful contentDuty to implement measures — synthetic contentMeasures in regulations — synthetic contentMultiple instances of automated communication by computer programResource personDuty to preserve certain harmful contentDuty to Be TransparentDigital safety planDuty to Make Certain Content InaccessibleContent identified by operatorContent flagged by userRepresentationsReconsideration on requestOther dutiesRegulated Chatbot ServicesDuty to Act ResponsiblyDuty to act responsiblyDuty to implement measures — harmful contentMeasures in regulations — harmful contentDuty to implement emergency measures — crisis interventionMeasures in regulations — emergency situationsDuty to implement measures — harmful behaviourMeasures in regulations — harmful behaviourGuidelinesTools and processes to flag harmful contentResource personDuty to Be TransparentDigital safety planRegulated Online Services — Duty to Be TransparentDigital safety planAccess to Inventories and Electronic DataAccreditationOrder — access to electronic dataAmendment or revocation of orderComplaintPublicationRemediesSubmissionsSubmissions from publicConfidentiality — employeesOffenceComplaints Respecting Certain ContentComplaint to CommissionRepresentationsClarification — user contact informationInformationStatutory Instruments ActAdministration and EnforcementGeneralCommission’s powersRules of evidenceHearingsHearingLocation and time of hearingInspectionsDesignation of inspectorsWarrant to enter placeAuthority to issue warrantRequirement to provide information or accessCompliance OrdersCompliance orderEnforcement of OrdersEnforcement of ordersAdministrative Monetary Penalties RegimeProceedingsViolationContinued violationPurpose of penaltyDesignationNotice of violationMaximum penaltyFactors — determination of penaltyPayment of penaltyRepresentationsDeemed commission of violationUndertakingsDesignationUndertakingUndertaking before notice servedUndertaking after notice servedDebt Due to His MajestyRecoveryReceiver GeneralCertificate of defaultGeneral RulesDue diligence defenceCommon law principlesProof of violation — employee, agent or mandataryViolation or offenceInformationLimitation or prescription periodPublicationOffencesOffence — operatorsOffence — persons other than operatorDue diligence defenceProof of offence — employee, agent or mandataryImprisonment precludedRegulationsRegulationsProtections, Reports and Information SharingProtectionsNot competent witness — CommissionConfidential informationOffenceMeasures to ensure confidentialityCommission ReportsContent of annual reportAdditional reportsConfidential or personal informationInformation SharingAgreements or arrangementsConsultation with CRTCConsultation with Privacy CommissionerConsultation with RCMPProvision of informationGeneralCost RecoveryRegulationsRegulationsCommissionGovernor in CouncilReviews by MinisterReview of Act and reportReview of minimum age and reportComing into ForceOrder in councilDigital Safety Commission of Canada ActEnactment of ActAn Act to establish the Digital Safety Commission of CanadaAlternative TitleDigital Safety Commission of Canada ActDefinitionsDefinitionsDesignation of MinisterDesignationEstablishment and Head OfficeCommissionHead officePowers, Duties and Functions of CommissionDigital Safety ActDelegationEstablishment of divisionsRulesMembers of the CommissionCompositionTerm of officeIneligibilityIncompatibility with other duties and functionsSuspensionRemuneration and expensesBenefitsChairpersonDesignation of ChairpersonChief executive officer and deputy headArrangementsEmployeesEmployeesAnnual ReportDuty to submitPersonal informationTransitional ProvisionChairperson’s interim powersComing into ForceOrder in councilHis Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Safe Social Media Act.
Digital Safety ActEnactment of Act
EnactmentThe Digital Safety Act is enacted as follows:An Act respecting digital safetyAlternative Title
Alternative titleThis Act may be cited as the Digital Safety Act.
Interpretation and Application
DefinitionsThe following definitions apply in this Act.act of terrorism or violent extremism means an act of physical violence against a person, or an act that causes property damage, that is committed for a political, religious or ideological purpose, with the intention of intimidating the public or any segment of the public, of compelling a person, government or domestic or international organization to do or to refrain from doing any act or of undermining, weakening or destroying fundamental institutions or political, economic or social stability, and that could causeserious bodily harm to a person;a person’s life to be endangered; ora serious risk to the health or safety of the public or any segment of the public. (acte de terrorisme ou d’extrémisme violent)category of online services means a category of online services established by regulations made under section 5. (catégorie de services en ligne)chatbot service means an artificial intelligence system that communicates over the Internet;is made available on a website or through an application that is publicly accessible in Canada;uses a natural language interface to provide, in a conversational format, adaptive, human-like responses to user inputs;is capable of being used, by means of multiple interactions or sessions, to simulate a sustained human-like relationship with a user, including one that may resemble friendship, an intimate relationship or therapeutic support; andgenerates content or responses that are not fully predetermined by the developer of the system or the person that operates the system. (service d’agent conversationnel)child means a person who is under 18 years of age. (enfant)Commission means the Digital Safety Commission of Canada established by section 4 of the Digital Safety Commission of Canada Act. (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 causeserious bodily harm to a person;a person’s life to be endangered; orserious interference with or serious disruption of an essential service, facility or system. (contenu incitant à la violence)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 meansa 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;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;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;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: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,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, ora person exposing their sexual organs or anal region in the presence of a child or a person depicted as being a child;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;a visual representation that shows a child who is being subjected to cruel, inhuman or degrading acts of physical violence, whether the acts are sexual in nature or not;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; anda 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 meansintimate content communicated without consent;content that sexually victimizes a child or revictimizes a survivor;content that induces a child to harm themselves;content used to bully a child;content that foments hatred;content that incites violence; andterrorism or violent extremism content. (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 meansa visual recording, such as a photographic, film or video recording, in which a person is nude, is nearly nude or is exposing their sexual organs or anal region or is engaged in explicit sexual activity, if it is reasonable to suspect that the personhad a reasonable expectation of privacy at the time of the recording, anddoes not consent to the recording being communicated; anda visual representation that is made by any electronic or mechanical means, including by means of artificial intelligence software, and that shows an identifiable person who is depicted as nude, as nearly nude, as exposing their sexual organs or anal region or as engaged in explicit sexual activity, if the depiction is likely to be mistaken for a visual recording of that person and if it is reasonable to suspect that the person does not consent to the representation being communicated. (contenu intime communiqué de façon non consensuelle)Minister means the member of the King’s Privy Council for Canada designated under section 13 or, if no member is designated, the Minister of Canadian Heritage.‍ (ministre)online service means a website or application, other than a social media service or a chatbot service, that is accessible in Canada over the Internet and that allows users of the website or application to interact with the website or application. (service en ligne)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)pornographic content means a visual representation the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s genital organs or anal region. (contenu pornographique)regulated chatbot service means a chatbot service referred to in subsection 7(1). (service d’agent conversationnel réglementé)regulated online service means an online service referred to in subsection 8(1). (service en ligne réglementé)regulated service means a regulated social media service, a regulated chatbot service or a regulated online service. (service réglementé)regulated social media service means a social media service referred to in subsection 6(1). (service de média social 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)synthetic content means an audio representation or visual representation of a person, object, place, entity or event that is made by electronic or mechanical means, including by means of artificial intelligence software, if the depiction is likely to be mistaken for an authentic audio or visual recording of a person, object, place, entity or event. (contenu synthétique)terrorism or violent extremism content means content that, given the context in which it is communicated,actively encourages, instructs or counsels a person to facilitate or commit an act of terrorism or violent extremism;threatens or facilitates the commission of an act of terrorism or violent extremism;aims to recruit a person to facilitate or commit acts of terrorism or violent extremism;offers or provides training, skills or expertise to a person so that they or another person may facilitate or commit an act of terrorism or violent extremism;actively encourages a person to collect, provide or make available a material benefit, including a financial benefit, to facilitate or commit an act of terrorism or violent extremism; orpromotes an act of terrorism or violent extremism in a manner that could reasonably be expected to encourage others to facilitate or commit acts of terrorism or violent extremism. (contenu de terrorisme ou d’extrémisme violent)visual representation includes a visual recording such as a photographic, film or video recording. (représentation visuelle)For greater certainty — social media serviceFor greater certainty, a social media service includesan adult content service, namely a social media service that is focused on enabling its users to access and share pornographic content; anda live streaming service, namely a social media service that is focused on enabling its users to access and share content by live stream.For greater certainty — content that foments hatredFor greater certainty and for the purposes of the definition content that foments hatred, content does not express detestation or vilification solely because it expresses disdain or dislike or it discredits, humiliates, hurts or offends.Exclusion — content that sexually victimizes a child or revictimizes a survivorThe definition content that sexually victimizes a child or revictimizes a survivor does not includea 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;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;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); anda 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).Exclusion — act of terrorism or violent extremismThe definition act of terrorism or violent extremism does not include activities undertaken by military forces of a state in the exercise of their official duties.Exclusion — terrorism or violent extremism contentThe definition terrorism or violent extremism content does not include content whose communication has a legitimate purpose, including a legitimate purpose related to the administration of justice or to journalism, education or art.Exclusion — chatbot serviceThe definition chatbot service does not include an artificial intelligence system that exclusively serves a purpose specified in the regulations.Exclusion — online serviceThe definition online service does not include a website or applicationwhose primary purpose is to facilitate the sale, listing or advertisement of goods or services; orwhose primary purpose is to provide directories, search results, maps or navigation tools.
Clarification — telecommunications service providersFor greater certainty, if the operator is a telecommunications service provider, as defined in subsection 2(1) of the Telecommunications Act, the duties imposed under this Act on the operator do not apply in respect of any service that the operator provides that provides basic connectivity to the Internet.
Gross global revenue — affiliated groups of personsFor the purposes of paragraph 88(a) and subparagraphs 107(2)(a)(i) and (b)(i) and 108(2)(a)(i) and (b)(i), if a person is part of a group of persons that are affiliated, the person’s gross global revenue, for the financial year before the one in which the penalty or fine, as the case may be, is imposed, is deemed to be the gross global revenue of the group for that financial year.AffiliatedFor the purposes of subsection (1), a person is affiliated with another person if one of them is wholly owned by the other, if both are wholly owned by the same person or if their financial statements are consolidated.
Regulations — categories of online servicesThe Governor in Council may, on the recommendation of the Commission, make regulations establishing one or more categories of online services if the Governor in Council is satisfied that online services within the category being established pose a significant risk of harm to children in Canada.Commission’s recommendationThe Commission must not make a recommendation referred to in subsection (1) unlessit has, at the direction of the Minister, undertaken an analysis to determine if the online services specified by the Minister pose a significant risk of harm to children in Canada;it has provided to the Governor in Council a report that sets out the results of its analysis; andthe report indicates that the Commission is satisfied that the online services pose a significant risk of harm to children in Canada.
Regulated social media serviceFor the purposes of this Act, a regulated social media service is a social media service thathas a number of users that is equal to or greater than the significant number of users provided for by regulations made under subsection (2); orhas a number of users that is less than the number of users provided for by regulations made under subsection (2) and is designated as a regulated social media service by regulations made under subsection (3).Regulations — number of usersFor the purposes of subsection (1), the Governor in Council may make regulationsestablishing types of social media services;respecting the number of users referred to in that subsection, for each type of social media service; andrespecting the manner of determining the number of users of a social media service.Regulations — paragraph (1)(b)For the purposes of paragraph (1)(b), the Governor in Council may make regulations designating a particular social media service as a regulated social media service if the Governor in Council is satisfied that there is a significant risk that harmful content is accessible on the service.Information provided by CommissionAt the Minister’s request and within the time and in the manner specified by the Minister, the Commission must provide to the Minister any information that is relevant for the purposes of subsection (3).
Regulated chatbot serviceFor the purposes of this Act, a regulated chatbot service is a chatbot service thathas a number of users that is equal to or greater than the significant number of users provided for by regulations made under subsection (2); orhas a number of users that is less than the number of users provided for by regulations made under subsection (2) and is designated as a regulated chatbot service by regulations made under subsection (3).Regulations — number of usersFor the purposes of subsection (1), the Governor in Council may make regulationsestablishing types of chatbot services;respecting the number of users referred to in that subsection, for each type of chatbot service; andrespecting the manner of determining the number of users of a chatbot service.Regulations — paragraph (1)(b)For the purposes of paragraph (1)(b), the Governor in Council may make regulations designating a particular chatbot service as a regulated chatbot service if the Governor in Council is satisfied that the service poses a significant risk of harm to individuals in Canada.Information provided by CommissionAt the Minister’s request and within the time and in the manner specified by the Minister, the Commission must provide to the Minister any information that is relevant for the purposes of subsection (3).
Regulated online serviceFor the purposes of this Act, a regulated online service is an online service that is within a category of online services and thathas a number of users that is equal to or greater than the significant number of users provided for by regulations made under subsection (2); orhas a number of users that is less than the number of users provided for by regulations made under subsection (2) and is designated as a regulated online service by regulations made under subsection (3).Regulations — number of usersFor the purposes of subsection (1), the Governor in Council may make regulationsestablishing types of online services that are within a category of online services;respecting the number of users referred to in that subsection, for each type of online service; andrespecting the manner of determining the number of users of an online service that is within a category of online services.Regulations — paragraph (1)(b)For the purposes of paragraph (1)(b), the Governor in Council may make regulations designating a particular online service that is within a category of online services as a regulated online service if the Governor in Council is satisfied that the service poses a significant risk of harm to children in Canada.Information provided by CommissionAt the Minister’s request and within the time and in the manner specified by the Minister, the Commission must provide to the Minister any information that is relevant for the purposes of subsection (3).
Duty to provide informationAt the Commission’s request and within the time and in the manner specified by it, the person that, through any means, operates a social media service, a chatbot service or an online service that is within a category of online services must provide to the Commission any information provided for by regulations, for the purpose of enabling the Commission to determine whether that social media service, chatbot service or online service has a number of users that is equal to or greater than the number of users provided for by regulations made under subsection 6(2), 7(2) or 8(2), respectively.
Exclusion of serviceFor the purposes of this Act, a service is not a social media service if it does not enable a user to communicate content to the public.InterpretationFor the purposes of subsection (1), a service does not enable a user to communicate content to the public if it does not enable the user to communicate content to a potentially unlimited number of users not determined by the user.
Exclusion of private messaging featureThe duties imposed under this Act on the operator of a regulated social media service or a regulated online service do not apply in respect of any private messaging feature of the service.Definition of private messaging featureFor the purposes of subsection (1), private messaging feature means a feature thatenables a user to communicate content to a limited number of users determined by the user; anddoes not enable a user to communicate content to a potentially unlimited number of users not determined by the user.
Proactive search of content not requiredNothing in this Act requires an operator to proactively search content on a regulated service that it operates in order to identify harmful content.RegulationsDespite subsection (1), regulations made under paragraph 126(1)(i) may require the operator of a regulated service to use technological means to prevent content that sexually victimizes a child or revictimizes a survivor from being uploaded to the service.
Designation of Minister
DesignationThe Governor in Council may, by order, designate any member of the King’s Privy Council for Canada as the Minister for the purposes of this Act.
Purposes of Act
PurposesThe purposes of this Act are topromote the safety of persons in Canada;protect children’s physical and mental health;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;enable persons in Canada to participate fully in public discourse and exercise their freedom of expression online without being hindered by harmful content;enable persons in Canada to benefit from the use of chatbot services while reducing the risk of harm to the users of those services and other persons;reduce harms caused to persons in Canada as a result of harmful content online;make content that sexually victimizes a child or revictimizes a survivor and intimate content communicated without consent inaccessible online;ensure that operators are transparent and accountable with respect to their duties under this Act; andcontribute to the development of standards with respect to online safety.
Commission
Mandate under this ActFor the purposes of this Act, the Commission’s mandate is to promote online safety in Canada and contribute to the reduction of harms caused to persons in Canada as a result of harmful content online by, among other things,ensuring the administration and enforcement of this Act;ensuring that operators are transparent and accountable with respect to their duties under this Act;investigating complaints relating to content that sexually victimizes a child or revictimizes a survivor and intimate content communicated without consent;contributing to the development of standards with respect to online safety through research and educational activities;facilitating the participation of Indigenous peoples of Canada, official language minority communities and interested persons in the Commission’s activities;collaborating with interested persons, including operators, the Commission’s international counterparts and other persons having professional, technical or specialized knowledge;providing support to users of regulated services;advocating for the public interest with respect to systemic issues related to online safety;gathering 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; anddirecting users of regulated services to resources, including those provided for under this Act, that may address their concerns regarding online safety.
Guidelines and other documentsThe Commission may issue guidelines, codes of conduct and other such documents for the purposes of this Act.
GuidelinesThe Commission must issue guidelines setting outthe circumstances in which an operator of a regulated service should notify the Royal Canadian Mounted Police of the existence on the service of content that gives rise to reasonable grounds to suspect that there is a risk that an individual will commit an act that would cause death or serious bodily harm to another individual;the information that should be provided to the Royal Canadian Mounted Police in such circumstances; andthe manner in which that information should be provided to the Royal Canadian Mounted Police as well as any other recommendations that the Commission considers appropriate to ensure that the Royal Canadian Mounted Police receives the information.
RequirementsWhen making regulations and issuing guidelines, codes of conduct and other documents for the purposes of this Act, the Commission must take into accountfreedom of expression;equality rights;privacy rights;the needs and perspectives of the Indigenous peoples of Canada; andany other factor that the Commission considers relevant.
Hearings and reportsThe Commission must, on request of the Governor in Council, hold hearings, other than a hearing under section 75, or make reports, on any matter that is within the Commission’s mandate under this Act.
Duties of OperatorsRegulated ServicesDuty to Protect ChildrenGeneral Duty
Duty to protect childrenAn operator has a duty, in respect of every regulated service that it operates, to protect children by complying with sections 21 to 23.
Design Features
Design featuresAn operator must integrate into every regulated service that it operates the design features respecting the protection of children set out in the regulations.
Pornographic Content
Age measuresIf an operator has reasonable grounds to suspect that a regulated service that they operate provides access to pornographic content, the operator must, in respect of that regulated service, implement age-verification or age-estimation measures that are adequate to mitigate the risk that children will be exposed to pornographic content on the service.Adequacy of measuresIn order to determine whether the measures implemented under subsection (1) are adequate, the Commission must be satisfied that the measuresare effective;do not involve the collection or use of personal information other than for age-verification or age-estimation purposes;provide for the destruction of personal information collected for age-verification or age-estimation purposes once the verification or estimation is completed;provide for the protection of personal information that is collected for age-verification or age-estimation purposes until that information is destroyed; andcomply with any other requirement specified in the regulations.No unreasonable or disproportionate limit on expressionSubsection (1) does not require the operator to implement measures that unreasonably or disproportionately limit users’ expression.
Measures in regulationsAn operator of a regulated service must implement any measures that are provided for by regulations to mitigate the risk that children who use the service will be exposed to pornographic content on the service.
Guidelines
GuidelinesThe Commission may establish guidelines respecting the protection of children in relation to regulated services.
Duty to Be Transparent
Records — compliance with dutiesSubject to the regulations, the operator of a regulated service must keep all records, including information and data, that are necessary to determine whether the operator is complying with its duties under this Act.
Regulated Social Media ServicesDuty to Protect ChildrenGeneral Duty
Duty to protect childrenAn operator has a duty to protect children in respect of a regulated social media service that it operates by complying with sections 27 and 28.
Minimum Age
ObligationSubject to section 29, an operator must, with respect to every regulated social media service specified by regulations made by the Governor in Council under subsection (5) that it operates, implement adequate age-verification or age-estimation measures designed to prevent a person under the age of 16 from being able to have an account with, or be otherwise registered with, the service.Adequacy of measuresIn order to determine whether the measures implemented under subsection (1) are adequate, the Commission must be satisfied that the measuresare effective;do not involve the collection or use of personal information other than for age-verification or age-estimation purposes;provide for the destruction of personal information that is collected for age-verification or age-estimation purposes once the verification or estimation is completed;provide for the protection of personal information that is collected for age-verification or age-estimation purposes until that information is destroyed; andcomply with any other requirement specified in the regulations.No unreasonable or disproportionate limit on expressionSubsection (1) does not require the operator to implement measures that unreasonably or disproportionately limit users’ expression.ApplicationSubsection (1) applies only in respect of regulated social media services — or regulated social media services that fall within classes of regulated social media services — specified in regulations made under subsection (5).RegulationsThe Governor in Council may make regulations specifying regulated social media services or classes of regulated social media services for the purposes of subsection (4).
Measures in regulationsSubject to section 29, an operator of a regulated social media service specified by regulations made by the Governor in Council under subsection (3) must implement any measures that are provided for by regulations that prevent persons under the age of 16 from being able to have an account with, or being otherwise registered with, the regulated social media service.ApplicationSubsection (1) applies only in respect of regulated social media services — or regulated social media services that fall within classes of regulated social media services — specified in regulations made under subsection (3).RegulationsThe Governor in Council may make regulations specifying regulated social media services or classes of regulated social media services for the purposes of subsection (2).
ExemptionThe Commission may, on application by an operator, exempt, subject to any conditions it considers appropriate, the operator from the application of subsections 27(1) and 28(1) in respect of a regulated social media service if the Commission is satisfied that the operator provides adequate safeguards in the regulated social media service for the protection of children.RegulationsThe Governor in Council may make regulations setting out criteria that the Commission must consider when making determinations as to whether adequate safeguards have been provided for the protection of children.
Guidelines
GuidelinesThe Commission may establish guidelines respecting, for the purpose of section 29, what constitutes adequate safeguards in a regulated social media service for the protection of children.
Duty to Act Responsibly
Duty to act responsiblyAn operator has a duty to act responsibly in respect of a regulated social media service that it operates by complying with sections 32 to 41 and with orders made by the Commission under subsection 61(1).
Duty to implement measures — harmful contentThe operator of a regulated social media service must implement measures that are adequate to mitigate the risk that users of the service will be exposed to harmful content on the service.FactorsIn order to determine whether the measures implemented by the operator under subsection (1) are adequate, the Commission must take into account the following factors:the effectiveness of the measures in mitigating the risk that users of the service will be exposed to harmful content on the service;the size of the service, including the number of users;the technical and financial capacity of the operator;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; andany factor provided for by regulations.No unreasonable or disproportionate limit on expressionSubsection (1) does not require the operator to implement measures that unreasonably or disproportionately limit users’ expression.
Measures in regulations — harmful contentThe operator of a regulated social media service must implement any measures that are provided for by regulations to mitigate the risk that users of the service will be exposed to harmful content on the service.
GuidelinesThe operator of a regulated social media service must make user guidelines publicly available on the service. The user guidelines must be accessible and easy to use and must includea standard of conduct that applies to users with respect to harmful content; anda description of the measures that the operator implements with respect to harmful content on the service.
Tools to block usersThe operator of a regulated social media service must make available to users who have an account or are otherwise registered with the service tools that enable those users to block other users who have an account or are otherwise registered with the service from finding or communicating with them on the service.
Tools and processes to flag harmful contentThe operator of a regulated social media service must implement tools and processes toenable a user of the service to easily flag to the operator content that is accessible on the service as being a particular type of harmful content;notify a user of the service 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; andnotify a user of the service 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.Prohibition — notification of measuresIn notifying a user of any measures taken with respect to content in accordance with paragraph (1)(b) or (c), the operator must not notify a user of any report that the operator has made to a law enforcement agency in relation to the content.
Duty to implement measures — synthetic contentThe operator of a regulated social media service must, to the extent that it is reasonable for the operator to do so, implement adequate measures to label, as being synthetic content, any synthetic content accessible on the service that meets the criteria provided for by regulations.FactorsIn order to determine whether the measures implemented by the operator under subsection (1) are adequate, or whether it is reasonable for the operator to implement measures under that subsection, the Commission must take into account the following factors:the effectiveness of the measures in labelling, as being synthetic content, any synthetic content that is accessible on the service;the effectiveness of the measures in avoiding incorrectly labelling, as being synthetic content, any content that is accessible on the service;the extent to which it is technically feasible to identify synthetic content that is accessible on the service;the size of the service, including the number of users;the technical and financial capacity of the operator; andany factor provided for by regulations.
Measures in regulations — synthetic contentThe operator of a regulated social media service must implement any measures that are provided for by regulations in respect of the labelling of synthetic content as synthetic content.
Multiple instances of automated communication by computer programThe operator of a regulated social media service must label, as being content that is described in this section, harmful content — other than content that is referred to in subsections 43(1) and 44(1) — that is accessible on the service if the operator has reasonable grounds to believe that the contentis 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; andis 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.
Resource personThe operator of a regulated social media service must make a resource person available to users of the service toreceive 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;direct users to internal and external resources to address their concerns, such as an internal complaints mechanism, the Commission or a law enforcement agency; andprovide guidance to users with respect to those internal resources.Contact information accessibleThe operator must ensure that the resource person is easily identifiable and that their contact information is easily accessible to users of the service.
Duty to preserve certain harmful contentIf the operator of a regulated social media service makes inaccessible to all persons in Canada content that incites violence or terrorism or violent extremism content, the operator must preserve that content, and all other computer data related to it that is in the operator’s possession or control, for a period of one year beginning on the day on which the content is made inaccessible.Duty to destroyAfter the end of the one-year period, the operator must, as soon as feasible, destroy the content and any other computer data related to it that would not be retained in the ordinary course of business, as well as any document that was prepared for the purpose of preserving that content and data, unless the operator is required to preserve the content, data or document under a judicial order made under any other Act of Parliament or an Act of the legislature of a province or under a preservation demand made under section 487.012 of the Criminal Code.Exception — content never made accessibleSubsections (1) and (2) do not apply to content that was never made accessible on the regulated social media service.Definition of computer dataIn this section, computer data has the same meaning as in subsection 1(1) of An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service.
Duty to Be Transparent
Digital safety planThe operator of a regulated social media service must submit a digital safety plan to the Commission in respect of each regulated social media service that it operates. The digital safety plan must include the following information in respect of the period provided for in the regulations:information respecting the manner in which the operator complies with sections 32 and 33, includingthe operator’s assessment of the risk that users of the service will be exposed to harmful content on the service,a description of the measures that the operator implements to mitigate the risk,the operator’s assessment of the effectiveness of the measures, both individually and collectively, in mitigating the risk,a description of the indicators that the operator uses to assess the effectiveness of the measures, andinformation respecting the factors referred to in subsection 32(2);information respecting the manner in which the operator complies with sections 34 to 40, including a description of the measures that the operator implements under those sections and information respecting the factors referred to in subsection 37(2);information respecting the manner in which the operator complies with section 21, includinga description of the design features that the operator integrates into the service under that section,the operator’s assessment of the effectiveness of the measures, both individually and collectively, anda description of the indicators that the operator uses to assess the effectiveness of the measures;information respecting the manner in which the operator complies with subsections 22(1) and 27(1);information respecting the manner in which the operator complies with the regulations made under paragraphs 126(1)(d) and (f);information respecting any measures that the operator implements to protect children, other than those that it implements to fulfill its obligations under this Act;information respecting the criteria and processes, if any, that the operator applies to determine if the Royal Canadian Mounted Police — or another law enforcement agency — should be notified of the existence on the service of content that gives rise to reasonable grounds to suspect that there is a risk that an individual will commit an act that would cause death or serious bodily harm to another individual;if any law enforcement agencies were notified of the existence on the service of content described in paragraph (g), information respectingthe number of such notifications,the name of each law enforcement agency notified, andthe circumstances in which each was notified;information respecting the resources, including human resources, that the operator allocates in order to comply with sections 21 to 23, 27, 28 and 32 to 41, including information respecting the resources that the operator allocates to automated decision making;information respectingthe 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, andthe manner in which and the time within which harmful content was moderated;information respectingthe 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,the manner in which the operator triaged and assessed the flags,the measures taken by the operator with respect to content that was flagged as being harmful content, andthe time within which the operator took those measures;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, includinga description of the content,the volume of the content that was accessible on the service or that would have been accessible had it not been moderated, andthe manner in which and the time within which the content was moderated;information respecting the concerns received by the resource person referred to in subsection 40(1) and the internal and external resources to which the resource person directed users for the purposes of that subsection;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 toharmful content on the service,content on the service that poses a risk of significant psychological or physical harm, other than harmful content, ordesign features of the service that pose a risk of significant psychological or physical harm;information respecting the measures implemented by the operator for the purposes of complying with its duties with respect to the service under An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service;an inventory of all electronic data, other than content that was communicated by users of the service, that was used to prepare the information referred to in paragraphs (a) to (k), (m) and (q); andany other information provided for by regulations.Exclusion — personal informationThe operator must ensure that the digital safety plan does not contain any personal information.For greater certaintyFor greater certainty, the digital safety plan must not contain any information that must not be disclosed under section 5 of An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service.Publication of planThe operator must make the digital safety plan publicly available on the service to which the plan relates in an accessible and easy-to-read format.Information prejudicial to criminal investigationsThe digital safety plan that the operator makes publicly available must not containany information about the circumstances in which a law enforcement agency was notified about the existence on the operator’s service of content described in paragraph (1)(g); orany other information regarding the notification of a law enforcement agency about the existence of such content on the operator’s service, if disclosure of the information could prejudice a criminal investigation, whether or not a criminal investigation has begun.Information not requiredThe operator is not required to include any of the following information in the digital safety plan that it makes publicly available:the inventory of electronic data referred to in paragraph (1)(p);information that is a trade secret; orfinancial, 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.
Duty to Make Certain Content Inaccessible
Content identified by operatorIf the operator of a regulated social media service identifies on the service, other than as a result of a flag by a user, content that the operator has reasonable grounds to suspect is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the operatormust 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 45(2); andmust, 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.PeriodFor the purposes of subsection (1), the period is the period of 24 hours — or, if a period of a different length is provided for by regulations, the period of that length — after the operator identifies the content.
Content flagged by userIf a user of a regulated social media service flags to the operator content on the service as being content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the operator must, within the period that applies under subsection (5), conduct an initial assessment of the flag and dismiss the flag if the operator is of the opinion thatthe flag is trivial, frivolous, vexatious or made in bad faith; orthe 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.Notice of dismissalIf the operator dismisses the flag, it must, within the period that applies under subsection (5), notify the user who flagged the content of the dismissal.Duty to make content inaccessibleIf the operator does not dismiss the flag, the operator must make the content inaccessible to all persons in Canada within the period that applies under subsection (5) and continue to make it inaccessible until the operator makes a decision under subsection 45(2).Notice to usersIf the operator makes content inaccessible under subsection (3), the operator must, within the period that applies under subsection (5), give notice to the user who communicated the content on the service and the user who flagged the content that the content has been made inaccessible.PeriodFor the purposes of subsections (1) to (4), the period is the period of 24 hours — or, if a period of a different length is provided for by regulations, the period of that length — after the content is flagged by a user.
RepresentationsIf the operator of a regulated social media service makes content inaccessible under paragraph 43(1)(a) or subsection 44(3), the operator must, within the period provided for by regulations, give the user who communicated the content on the service and the user who flagged the content, if applicable, an opportunity to make representations as to whether the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent.DecisionAs soon as feasible after the end of the period provided for by regulations for making representations or, if a different period is provided for by regulations, within that period, the operator must decide whether there are reasonable grounds to believe that the content that was made inaccessible to all persons in Canada is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent.Notice of decisionAs soon as feasible after making a decision, the operator must give notice of the decision to the user who communicated the content on the service and the user who flagged the content, if applicable.Duty to make inaccessibleIf the operator decides that there are reasonable grounds to believe that the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the operator must continue to make the content inaccessible to all persons in Canada.
Reconsideration on requestAt the request of the user who communicated the content on the service or the user who flagged the content, the operator of a regulated social media service must reconsider a decision made under subsection 45(2).RepresentationsThe operator must, within the period provided for by regulations, give the user who communicated the content on the service and the user who flagged the content, if applicable, an opportunity to make representations as to whether the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent.ReconsiderationAs soon as feasible after the end of the period provided for by regulations for making representations or, if a different period is provided for by regulations, within that period, the operator must reconsider a decision made under subsection 45(2).Notice of decisionAs soon as feasible after making a decision under subsection (3), the operator must give notice of the decision to the user who communicated the content on the service and the user who flagged the content, if applicable.Duty to continue to make inaccessible ceasesIf the operator decides, on reconsideration under subsection (3), that there are no reasonable grounds to believe that the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the operator’s duty to continue to make the content inaccessible under subsection 45(4), if applicable, ceases.Duty to make inaccessibleIf the operator decides, on reconsideration under subsection (3), that there are reasonable grounds to believe that the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the operator mustmake the content inaccessible to all persons in Canada without delay, if subsection 45(4) does not already apply to the operator in respect of the content; orcontinue to make the content inaccessible to all persons in Canada if subsection 45(4) applies.
Other dutiesFor greater certainty, nothing in sections 43 to 46 affects any duty that the operator of a regulated social media service may have under An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service.
Regulated Chatbot ServicesDuty to Act Responsibly
Duty to act responsiblyAn operator has a duty to act responsibly in respect of a regulated chatbot service that it operates by complying with sections 49 to 57 and with orders made by the Commission under subsection 61(1).
Duty to implement measures — harmful contentThe operator of a regulated chatbot service must implement measures that are adequate to mitigate the risk that the service will communicate harmful content to a user of the service.
Measures in regulations — harmful contentThe operator of a regulated chatbot service must implement any measures that are provided for by regulations to mitigate the risk that the service will communicate harmful content to a user of the service.
Duty to implement emergency measures — crisis interventionThe operator of a regulated chatbot service must implement measures that, if a user of the service expresses, on the service, a suicidal ideation, an intention to self-harm or an intention to commit an act that could cause death or serious bodily harm to an individual, cause the service to immediately interrupt its interaction with the user in order to direct the user towards crises intervention services that are appropriate to the situation, are available at the moment when the user is directed towards them and permit the user to interact with a human being.
Measures in regulations — emergency situationsThe operator of a regulated chatbot service must implement any measures that are provided for by regulations to address situations in which a user of the service expresses, on the service, a suicidal ideation, an intention to self-harm or an intention to commit an act that could cause death or serious bodily harm to an individual.
Duty to implement measures — harmful behaviourThe operator of a regulated chatbot service must implement measures that are adequate to mitigate the risk that the service will engage in any of the following types of harmful behaviour:posing as a human being in a manner likely to lead a user of the service to mistake it for a human being or otherwise being deceptive about being an artificial intelligence system;posing as a medical, legal or other licensed professional and giving advice based on that deception that could reasonably be expected to be relied on by a user of the service;using manipulative engagement techniques to encourage a user of the service to form or maintain an emotional attachment to the service in a way that may encourage the user to withdraw socially or disconnect from reality;encouraging self-harm, suicide or the commission of acts that could cause death or serious bodily harm to an individual; orany other type of behaviour specified in the regulations.
Measures in regulations — harmful behaviourThe operator of a regulated chatbot service must implement any measures that are provided for by regulations to mitigate the risk that the service will engage in any type of harmful behaviour referred to in section 53.
GuidelinesThe operator of a regulated chatbot service must make user guidelines publicly available on the service. The user guidelines must be accessible and easy to use and must include a description of the measures that the operator implements tomitigate the risk that the service will communicate harmful content;address situations in which a user of the service expresses, on the service, a suicidal ideation, an intention to self-harm or an intention to commit an act that could cause death or serious bodily harm to an individual; andmitigate the risk that the service will engage in any type of harmful behaviour referred to in section 53.
Tools and processes to flag harmful contentThe operator of a regulated chatbot service must implement tools and processes toenable a user of the service to easily flag to the operatorthe communication of harmful content by the service,the failure of the operator to address situations in which a user of the service expresses, on the service, a suicidal ideation, an intention to self-harm or an intention to commit an act that could cause death or serious bodily harm to an individual, orthe fact that the service engaged in a type of harmful behaviour referred to in section 53; andnotify the user of its receipt of the flag.
Resource personThe operator of a regulated chatbot service must make a resource person available to users of the service toreceive users’ concerns with respect to the communication of harmful content by the service, the fact that the service engaged in a type of harmful behaviour referred to in section 53 or the measures that the operator implements to comply with this Act;direct users to internal and external resources to address their concerns, such as an internal complaints mechanism or the Commission; andprovide guidance to users with respect to those internal resources.Contact information accessibleThe operator must ensure that the resource person is easily identifiable and that their contact information is easily accessible to users of the service.
Duty to Be Transparent
Digital safety planThe operator of a regulated chatbot service must submit a digital safety plan to the Commission in respect of each regulated chatbot service that it operates. The digital safety plan must include the following information in respect of the period provided for in the regulations:information respecting the manner in which the operator complies with sections 49 to 54, includingthe operator’s assessment of the risk that harmful content will be communicated by the service and of the risk that the service will engage in any type of harmful behaviour referred to in section 53,a description of the measures that the operator implements to mitigate those risks,the operator’s assessment of the effectiveness of the measures, both individually and collectively, in mitigating those risks, anda description of the indicators that the operator uses to assess the effectiveness of the measures;information respecting the manner in which the operator complies with section 21, includinga description of the design features that the operator integrates into the service under that section,the operator’s assessment of the effectiveness of the measures, both individually and collectively, anda description of the indicators that the operator uses to assess the effectiveness of the measures;information respecting the manner in which the operator complies with subsection 22(1);information respecting the manner in which the operator complies with the regulations made under paragraph 126(1)(d);information respecting any measures that the operator implements to protect children, other than those that it implements to fulfill its obligations under this Act;information respecting the criteria and processes, if any, that the operator applies to determine if the Royal Canadian Mounted Police — or another law enforcement agency — should be notified of the existence on the service of content that gives rise to reasonable grounds to suspect that there is a risk that an individual will commit an act that would cause death or serious bodily harm to another individual;if any law enforcement agencies were notified of the existence on the service of content described in paragraph (f), information respectingthe number of such notifications,the name of each law enforcement agency notified, andthe circumstances in which each was notified;information respecting the resources, including human resources, that the operator allocates in order to comply with sections 21 to 23 and 49 to 57;information respectingthe number of times that the operator received a flag referred to in paragraph 56(a), including the number of flags relating to each type of harmful content communicated by the service and each type of harmful behaviour referred to in section 53 engaged in by the service,the manner in which the operator triaged and assessed the flags, andmeasures taken by the operator with respect to the flags;information respecting the concerns received by the resource person referred to in subsection 57(1) and the internal and external resources to which the resource person directed users for the purposes of that subsection;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 toharmful content communicated by the service,harmful behaviour referred to in section 53 engaged in by the service,content communicated by the service that poses a risk of significant psychological or physical harm, other than harmful content,harmful behaviour engaged in by the service that poses a risk of significant psychological or physical harm, other than harmful behaviour referred to in section 53, ordesign features of the service that pose a risk of significant psychological or physical harm;information respecting the measures implemented by the operator for the purposes of complying with its duties with respect to the service under An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service;an inventory of all electronic data, other than content communicated during an interaction between the service and a user of the service, that was used to prepare the information referred to in paragraphs (a) to (j) and (n); andany other information provided for by regulations.Exclusion — personal informationThe operator must ensure that the digital safety plan does not contain any personal information.For greater certaintyFor greater certainty, the digital safety plan must not contain any information that must not be disclosed under section 5 of An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service.Publication of planThe operator must make the digital safety plan publicly available on the service to which the plan relates in an accessible and easy-to-read format.Information prejudicial to criminal investigationsThe digital safety plan that the operator makes publicly available must not containany information about the circumstances in which a law enforcement agency was notified about the existence on the operator’s service of content described in paragraph (1)(f); orany other information regarding the notification of a law enforcement agency about the existence of such content on the operator’s service, if disclosure of the information could prejudice a criminal investigation, whether or not a criminal investigation has begun.Information not requiredThe operator is not required to include any of the following information in the digital safety plan that it makes publicly available:the inventory of electronic data referred to in paragraph (1)(m);information that is a trade secret; orfinancial, 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.
Regulated Online Services — Duty to Be Transparent
Digital safety planThe operator of a regulated online service must submit a digital safety plan to the Commission in respect of each regulated online service that it operates. The digital safety plan must include the following information in respect of the period provided for in the regulations:information respecting the manner in which the operator complies with section 21, includinga description of the design features that the operator integrates into the service under that section,the operator’s assessment of the effectiveness of the measures, both individually and collectively, anda description of the indicators that the operator uses to assess the effectiveness of the measures;information respecting the manner in which the operator complies with subsection 22(1);information respecting the manner in which the operator complies with the regulations made under paragraph 126(1)(d);information respecting any measures that the operator implements to protect children, other than those that it implements to fulfill its obligations under this Act;information respecting the criteria and processes, if any, that the operator applies to determine if the Royal Canadian Mounted Police — or another law enforcement agency — should be notified of the existence on the service of content that gives rise to reasonable grounds to suspect that there is a risk that an individual will commit an act that would cause death or serious bodily harm to another individual;if any law enforcement agencies were notified of the existence on the service of content described in paragraph (e), information respectingthe number of such notifications,the name of each law enforcement agency notified, andthe circumstances in which each was notified;information respecting the resources, including human resources, that the operator allocates in order to comply with sections 21 to 23, including information respecting the resources that the operator allocates to automated decision making;information respecting the measures implemented by the operator for the purposes of complying with its duties with respect to the service under An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service;an inventory of all electronic data, other than the types of electronic data prescribed by regulations, that was used to prepare the information referred to in paragraphs (a) to (g) and (j); andany other information provided for by regulations.Exclusion — personal informationThe operator must ensure that the digital safety plan does not contain any personal information.For greater certaintyFor greater certainty, the digital safety plan must not contain any information that must not be disclosed under section 5 of An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service.Publication of planThe operator must make the digital safety plan publicly available on the service to which the plan relates in an accessible and easy-to-read format.Information prejudicial to criminal investigationsThe digital safety plan that the operator makes publicly available must not containany information about the circumstances in which a law enforcement agency was notified about the existence on the operator’s service of content described in paragraph (1)(e); orany other information regarding the notification of a law enforcement agency about the existence of such content on the operator’s service, if disclosure of the information could prejudice a criminal investigation, whether or not a criminal investigation has begun.Information not requiredThe operator is not required to include any of the following information in the digital safety plan that it makes publicly available:the inventory of electronic data referred to in paragraph (1)(i);information that is a trade secret; orfinancial, 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.
Access to Inventories and Electronic Data
AccreditationThe Commission may, on request and in accordance with the criteria set out in the regulations, accredit a person, other than an individual, for the purpose of giving that person access to the inventories of electronic data that are included in digital safety plans that have been submitted to the Commission under subsection 42(1), 58(1) or 59(1) if the Commission determines thatthe person’s primary purpose is to conduct research or engage in education activities; andthe person conducts research that is, or engages in education activities that are, related to the purposes of this Act.Access to inventoriesThe Commission may give a person that is accredited under subsection (1) access to the inventories of electronic data referred to in that subsection.Suspension or revocation of accreditationAfter giving an accredited person a reasonable opportunity to make representations, the Commission may suspend or revoke the accreditation if the Commission determines that the accredited person failed to comply with any condition under this Act that relates to the accreditation, to access to the inventories of electronic data or to access to the electronic data.
Order — access to electronic dataAt the request of an accredited person and in accordance with the criteria set out in the regulations, the Commission may make an order requiring the operator of a regulated service to give individuals who are referred to in the request access to any electronic data that is 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 42(1), 58(1) or 59(1) in respect of the regulated service and that is specified in the request.Research projectAn accredited person may make a request under subsection (1) only in respect of a research project that is related to the purposes of this Act.Contents of requestA request must includea 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;information respecting the individuals who are undertaking the research project and for whom access to electronic data is requested;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;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 42(1), 58(1) or 59(1) in respect of the regulated service;an indication of the time within which access to the electronic data is requested;an indication of the length of time for which access to the electronic data is requested;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; andany other information provided for by regulations.Contents of orderAn order made under subsection (1) must specifythe name of the regulated service to which it relates;the individuals referred to in paragraph (3)(b) to whom access to the electronic data must be given;the electronic data referred to in paragraph (3)(d) to which access must be given;the time within which access to the electronic data must be given;the length of time for which access to the electronic data must be given;any conditions with respect to confidentiality, intellectual property, data security and the protection of personal information;any other conditions that the Commission considers appropriate; andany other information provided for by regulations.For greater certaintyFor greater certainty, in complying with an order, the operator must not disclose any information that must not be disclosed under section 5 of An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service.Information prejudicial to criminal investigationsIn complying with an order, the operator must not discloseany information about the circumstances in which a law enforcement agency was notified about the existence on the operator’s service of content described in paragraph 42(1)(g), 58(1)(f) or 59(1)(e); orany other information regarding the notification of a law enforcement agency about the existence of such content on the operator’s service, if disclosure of the information could prejudice a criminal investigation, whether or not a criminal investigation has begun.Statutory Instruments ActThe Statutory Instruments Act does not apply to an order made under subsection (1).
Amendment or revocation of orderAt the request of the operator of a regulated service that is the subject of an order made under subsection 61(1), the Commission may amend or revoke the order if the Commission determines, in accordance with the criteria set out in the regulations, that the operator is unable to comply with the order or that complying with it would cause the operator undue hardship.
ComplaintThe accredited person at whose request an order was made under subsection 61(1) may make a complaint to the Commission that the operator that is the subject of the order failed to comply with the order.RepresentationsThe Commission must give the operator a reasonable opportunity to make representations with respect to the complaint.
PublicationThe Commission may publish a list of persons that are accredited under subsection 60(1) and a description of the research projects in respect of which the Commission has made an order under subsection 61(1).
RemediesSubmissions
Submissions from publicA person in Canada may make submissions to the Commission respectingharmful content that is accessible on a regulated social media service, communicated by a regulated chatbot service to a user of the service or accessible on a regulated online service;harmful behaviour referred to in section 53 that is engaged in by a regulated chatbot service; orthe measures taken by the operator of a regulated service to comply with its duties under this Act.Operator informed of submissionsThe Commission may inform an operator of any submissions that it receives under subsection (1), in a manner that protects the identity of the person who made the submissions.Information made publicThe Commission may make public information respecting any submissions that it receives under subsection (1), in a manner that protects the identity of the person who made the submissions and the regulated service in respect of which the submissions were made.
Confidentiality — employeesIf an employee of the operator of a regulated service makes submissions under subsection 65(1) with respect to the service, the employee may make a request to the Commission that the following information be kept confidential:the employee’s identity; andany information in the submissions that the employee identifies as being likely to reveal their identity.Prohibition — disclosureIf a member of the Commission or an individual acting on behalf of the Commission or under its direction, while holding that office or employment, comes into possession of information that an employee has requested be kept confidential under subsection (1), it is prohibited for that member or other individual, whether or not they have ceased to hold that office or be so employed, to disclose that information or allow it to be disclosed, other than to a member of the Commission — or an individual acting on behalf of the Commission or under its direction — in the course of exercising the Commission’s powers or performing its duties and functions under this Act.ExceptionsSubsection (2) does not apply with respect to the following information:information in respect of which the employee withdraws the request;information that is publicly available; andinformation that the Commission obtains from a source other than the submissions made by the employee.Disclosure to MinisterThe Commission may disclose information referred to in subsection (1) to the Minister if required to do so under subsection 124(1).
OffenceEvery individual who contravenes subsection 66(2) is guilty of an offence and is liable on summary convictionfor a first offence, to a fine of not more than $5,000; andfor a second or subsequent offence, to a fine of not more than $10,000.Due diligence defenceAn individual is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
Complaints Respecting Certain Content
Complaint to CommissionA person in Canada may make a complaint to the Commission that content that is accessible on a regulated social media service is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent.RestrictionA person is not entitled to make a complaint to the Commission unless the person has used their best efforts to seek recourse under sections 44 and 46.FactorsIn order to determine whether the person has used their best efforts to seek recourse under those sections, the Commission must take into account any factor provided for by regulations.Dismissal of complaintIf a person makes a complaint to the Commission, the Commission must conduct an initial assessment of the complaint and dismiss it if the Commission is of the opinion thatthe complaint is trivial, frivolous, vexatious or made in bad faith; orthe 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.Notice of dismissalIf the Commission dismisses the complaint, it must give the complainant notice of the dismissal.Notice and interim order to make content inaccessibleIf the Commission does not dismiss the complaint, it mustgive notice of the complaint to the operator of the regulated social media service to which the complaint relates and the user who communicated the content on the service; andmake 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 69(4) or (5), as the case may be.Notice by operatorThe operator must give notice to the Commission and the user who communicated the content on the service that the content has been made inaccessible in accordance with an order made under paragraph (6)(b).Contact informationThe operator must ask the user who communicated the content on the service whether they consent to the operator providing the user’s contact information to the Commission. If the user consents, the operator must provide the contact information to the Commission.
RepresentationsIf the Commission makes an order under paragraph 68(6)(b), the Commission must give the complainant and the user who communicated the content on the regulated social media service an opportunity to make representations as to whether the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent.DecisionThe Commission must decide whether there are reasonable grounds to believe that the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent.Notice of decisionThe Commission must give notice of the decision to the complainant and the user who communicated the content on the service.Notice to operatorIf the Commission decides that there are no reasonable grounds to believe that the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the Commission must give the operator notice of the decision and of the fact that the order made under paragraph 68(6)(b) requiring the operator to continue to make the content inaccessible ceases to have effect.Notice and order to make content permanently inaccessibleIf the Commission decides that there are reasonable grounds to believe that the content is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent, the Commission must give the operator notice of the decision and make an order requiring the operator to make the content permanently inaccessible to all persons in Canada.Notice by operatorThe operator must give notice to the Commission and the user who communicated the content on the service that the content has been made inaccessible in accordance with an order made under subsection (5).
Clarification — user contact informationAny duty imposed on the Commission under paragraph 68(6)(a) or subsection 69(1) or (3) in respect of a user who communicated content on a regulated social media service applies only if the Commission has the user’s contact information.
InformationAt the request of the Commission and within the time and in the manner that it specifies, the operator of a regulated social media service in respect of which a complaint has been made under subsection 68(1) must provide to the Commission any information that the Commission considers necessary to investigate the complaint, other than personal information.
Statutory Instruments ActThe Statutory Instruments Act does not apply to an order made under paragraph 68(6)(b) or subsection 69(5).
Administration and EnforcementGeneral
Commission’s powersIn ensuring an operator’s compliance with this Act or investigating a complaint made under subsection 68(1), the Commission may, in accordance with any rules made under section 9 of the Digital Safety Commission of Canada Act,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;administer oaths;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; anddecide any procedural or evidentiary question.
Rules of evidenceIn exercising its powers and performing its duties and functions under this Act, the Commission is not bound by any legal or technical rules of evidence.Duty to act informally and expeditiouslyIt must deal with all matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
Hearings
HearingThe Commission may hold a hearing, in accordance with any rules made under section 9 of the Digital Safety Commission of Canada Act, in connection witha complaint made under subsection 68(1); orany other matter relating to an operator’s compliance with this Act.Private hearingA hearing under subsection (1) must be held in public, but the Commission may decide that it is to be held in private, in whole or in part, if the Commission considers thatit would be in the public interest;it would be in the interest of victims of harmful content;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;a person’s privacy interest outweighs the principle that hearings be open to the public; orthe following information may be disclosed:information that is a trade secret,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, orinformation whose disclosure could reasonably be expected toresult in material financial loss or gain to any person,prejudice the competitive position of any person, oraffect contractual or other negotiations of any person.
Location and time of hearingA hearing under subsection 75(1) is to be held at any time and at any place in Canada and in the manner that the Commission considers appropriate for the exercise of its powers or the performance of its duties and functions.
Inspections
Designation of inspectorsThe Commission may designate as inspectors persons or classes of persons that the Commission considers qualified for the purposes of verifying compliance or preventing non-compliance with this Act.CertificateThe Commission must provide every inspector with a certificate of designation. An inspector must, if requested to do so, produce their certificate to the person appearing to be in charge of any place that they enter.
Warrant to enter placeAn inspector may, if authorized by a warrant issued under subsection 79(1), enter any place for a purpose related to verifying compliance or preventing non-compliance with this Act.Consent to enter placeFor the purpose referred to in subsection (1), an inspector may, with the occupant’s consent, enter any place in which they have reasonable grounds to believe that there is any document, information or other thing relevant to that purpose.Entry by means of telecommunicationAn inspector is considered to have entered a place if they access it remotely by a means of telecommunication.Other powersAn inspector may, for the purpose referred to in subsection (1),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;examine any other thing that is found in the place and take it for examination;use or cause to be used any computer system at the place to examine any document or information that is found in the place;reproduce any document or information or cause it to be reproduced and take it for examination or copying; anduse 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.Duty to assistThe owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the inspector to exercise their powers or perform their duties and functions under this section and must provide any document, information or other thing that is reasonably required for that purpose.Accompanying individualAn inspector may be accompanied by any other individual that the inspector believes is necessary to help them exercise their powers or perform their duties and functions under this section.
Authority to issue warrantA justice of the peace may, on ex parte application, issue a warrant authorizing an inspector to enter a place, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath thatthere are reasonable grounds to believe that there is in the place any document, information or other thing relevant to the purpose referred to in subsection 78(1); andentry to the place is necessary for that purpose.Means of telecommunicationAn application for a warrant under subsection (1) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.Use of forceAn inspector is not entitled to use force in executing a warrant unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer.
Requirement to provide information or accessAn inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, require any person who is in possession of a document or information that the inspector considers necessary for that purpose to provide the document or information to the inspector or provide the inspector with access to the document or information, in the form and manner and within the time specified by the inspector.
Compliance Orders
Compliance orderIf the Commission has reasonable grounds to believe that an operator is contravening or has contravened this Act, it may make an order requiring the operator to take, or refrain from taking, any measure to ensure compliance with this Act.Statutory Instruments ActThe Statutory Instruments Act does not apply to an order made under subsection (1).
Enforcement of Orders
Enforcement of ordersAn order of the Commission made under this Act may be made an order of the Federal Court and is enforceable in the same manner as an order of that court.ProcedureAn order may be made an order of the Federal Court by following the usual practice and procedure of that court or by filing a certified copy of the order with the registrar of that court.
Administrative Monetary Penalties RegimeProceedings
ViolationSubject to the regulations, an operator commits a violation and is liable to an administrative monetary penalty if itcontravenes a provision of this Act or the regulations;contravenes an order of the Commission;contravenes a requirement imposed by an inspector under section 80;contravenes an undertaking that it entered into with the Commission or a person authorized to enter into undertakings;contravenes a requirement imposed by the Commission under section 104 or subsection 106(2);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; ormakes 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.Person that operates a serviceSubject to the regulations, a person — other than an operator — that, through any means, operates a social media service, a chatbot service or an online service that is within a category of online services commits a violation and is liable to an administrative monetary penalty if the personcontravenes section 9;contravenes a requirement imposed by an inspector under section 80;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; ormakes 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.
Continued violationA violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued.
Purpose of penaltyThe purpose of a penalty is to promote compliance with this Act and not to punish.
DesignationThe Commission may designate persons or classes of persons who are authorized to issue a notice of violation.
Notice of violationIf a person authorized to issue a notice of violation believes on reasonable grounds that a person has committed a violation, the authorized person may issue a notice of violation and cause it to be served on the person.Content of notice of violationThe notice of violation is to set outthe name of the person that is believed to have committed the violation;the act or omission giving rise to the violation;the provision at issue;the penalty that the person is liable to pay;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; anda 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.
Maximum penaltyThe maximum penalty for a violation isthe greater of $10 million and 3% of the gross global revenue, in the financial year before the one in which the penalty is imposed, of the person that is believed to have committed the violation, in the case of a person that is not an individual; andthe greater of $10 million and 3% of the gross global revenue, in the year before the one in which the penalty is imposed, of the person that is believed to have committed the violation, in the case of an individual.
Factors — determination of penaltyThe amount of the penalty is to be determined by taking into account the following factors:the nature and scope of the violation;the history of compliance with this Act by the person that is believed to have committed the violation;any benefit that the person obtained by committing the violation;the ability of the person to pay the penalty and the likely effect of paying it on their ability to carry on their business;the purpose of the penalty;any factor prescribed by regulation; andany other relevant factor.
Payment of penaltyIf a person that is served with a notice of violation pays the penalty within the time and in the manner set out in the notice, they are deemed to have committed the violation and the proceedings in respect of it are ended.
RepresentationsA person that is served with a notice of violation may make representations to the Commission within the time and in the manner set out in the notice, in which case the Commission must decide, on a balance of probabilities, after considering any other representations that it considers appropriate, whether the person committed the violation.Decision — violation committedIf the Commission decides that the person committed the violation, it mayimpose the penalty set out in the notice of violation, a lesser penalty or no penalty;suspend payment of the penalty subject to any conditions that the Commission considers necessary; andmake an order requiring the person to take, or refrain from taking, any measure to ensure compliance with this Act.Statutory Instruments ActThe Statutory Instruments Act does not apply to an order made under paragraph (2)(c).Decision — violation not committedIf the Commission decides that the person did not commit the violation, the proceedings in respect of it are ended.Notice of decisionThe Commission must cause a notice that sets out its decision to be served on the person.
Deemed commission of violationIf a person that is served with a notice of violation does not 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, within the time and in the manner set out in the notice, they are deemed to have committed the violation and the proceedings in respect of it are ended.
Undertakings
DesignationThe Commission may designate persons or classes of persons who are authorized to enter into undertakings for the purposes of subsection 94(1).
UndertakingA person that, through any means, operates a social media service, a chatbot service or an online service that is within a category of online services may, at any time, enter into an undertaking with the Commission or a person authorized to enter into undertakings.ContentThe undertakingis to set out the act or omission to which it relates;is to set out the provision at issue;may contain any conditions that the Commission or authorized person considers appropriate; andmay include a requirement to pay a specified amount.
Undertaking before notice servedIf a person that, through any means, operates a social media service, a chatbot service or an online service that is within a category of online services enters into an undertaking before a notice of violation is served on them, no such notice may be served on the person in respect of the acts or omissions set out in the undertaking.
Undertaking after notice servedIf a person that, through any means, operates a social media service, a chatbot service or an online service that is within a category of online services enters into an undertaking after a notice of violation is served on them, the proceeding that was commenced by the notice is ended in respect of the person in connection with the acts or omissions set out in the undertaking.
Debt Due to His Majesty
RecoveryThe following amounts constitute debts due to His Majesty in right of Canada and may be recovered in the Federal Court: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;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 under section 93;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 91(5); andthe amount of any costs or expenses incurred in attempting to recover an amount referred to in paragraphs (a) to (c).Limitation or prescription periodNo proceedings to recover a debt referred to in subsection (1) may be commenced later than three years after the day on which the debt becomes payable.
Receiver GeneralA penalty that is paid or recovered in relation to a violation and an amount specified in an undertaking that is paid or recovered are payable to the Receiver General.
Certificate of defaultThe Commission may issue a certificate for the unpaid amount of any debt referred to in subsection 97(1).Registration in Federal CourtRegistration of the certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs.
General Rules
Due diligence defenceA person is not to be found liable for a violation if they establish that they exercised due diligence to prevent its commission.
Common law principlesEvery rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
Proof of violation — employee, agent or mandataryIn any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that the act or omission that constitutes the violation was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified.
Violation or offenceIf an act or omission may be proceeded with as a violation or as an offence, proceeding in one manner precludes proceeding in the other.
InformationIf the Commission has reasonable grounds to believe that a person that, through any means, operates a social media service, a chatbot service or an online service that is within a category of online services has information that will assist the Commission in determining the person’s gross global revenue or in deciding whether they committed a violation, the Commission may require the person to provide the information to the Commission in the form and manner and within the time that it specifies.
Limitation or prescription periodNo notice of violation is to be issued later than three years after the day on which the Commission becomes aware of the act or omission giving rise to the violation.
PublicationThe Commission may publish a notice that sets outthe 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; orthe 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.Publication by personThe Commission may require a person that is deemed, or found by the Commission, to have committed a violation or that enters into an undertaking to publish, in accordance with regulations made by the Commission, a notice that sets out the information referred to in paragraph (1)(a) or (b) in respect of the violation or undertaking.
Offences
Offence — operatorsEvery operator commits an offence thatcontravenes an order of the Commission;contravenes an undertaking that it entered into with the Commission or a person authorized to enter into undertakings;contravenes a requirement imposed by the Commission under section 104 or subsection 106(2);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; ormakes 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.PenaltyEvery operator that commits an offence under subsection (1) is liable,on conviction on indictment,to a fine of not more than 5% of the operator’s gross global revenue in the financial year before the one in which the fine is imposed or $20 million, whichever is greater, in the case of an operator that is not an individual, orto a fine of not more than 5% of the operator’s gross global revenue in the year before the one in which the fine is imposed or $20 million, whichever is greater, in the case of an individual; oron summary conviction,to a fine of not more than 4% of the operator’s gross global revenue in the financial year before the one in which the fine is imposed or $15 million, whichever is greater, in the case of an operator that is not an individual, orto a fine of not more than 4% of the operator’s gross global revenue in the year before the one in which the fine is imposed or $15 million, whichever is greater, in the case of an individual.
Offence — persons other than operatorEvery person other than an operator commits an offence thatcontravenes subsection 78(5); orcontravenes a requirement imposed by an inspector under section 80.PenaltyEvery person that commits an offence under subsection (1) is liable,on conviction on indictment,to a fine of not more than 1.5% of the person’s gross global revenue in the financial year before the one in which the fine is imposed or $5 million, whichever is greater, in the case of a person that is not an individual, orto a fine at the discretion of the court, in the case of an individual; oron summary conviction,to a fine of not more than 1% of the person’s gross global revenue in the financial year before the one in which the fine is imposed or $3 million, whichever is greater, in the case of a person that is not an individual, orto a fine of not more than $50,000, in the case of an individual.
Due diligence defenceA person is not to be found guilty of an offence under subsection 107(1) or 108(1) if they establish that they exercised due diligence to prevent the commission of the offence.
Proof of offence — employee, agent or mandataryIn a prosecution for an offence under subsection 107(1) or 108(1), it is sufficient proof of the offence to establish that the act or omission that constitutes the offence was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or prosecuted for the offence.
Imprisonment precludedIf an operator or individual, as the case may be, is convicted of an offence under subsection 67(1), 107(1), 108(1) or 115(1), no imprisonment may be imposed in default of payment of any fine imposed as punishment.
Regulations
RegulationsThe Governor in Council may make regulations for the application of sections 83 to 106 and subsections 107(2) and 108(2), including regulationsproviding for the circumstances in which any of paragraphs 83(1)(a) to (g) and (2)(a) to (d) do not apply;respecting the determination of gross global revenue for the purposes of section 88 and subsections 107(2) and 108(2);prescribing factors that are to be taken into account in determining the amount of an administrative monetary penalty;respecting undertakings referred to in section 94; andrespecting the service of documents, including the manner and proof of service and the circumstances under which documents are considered to be served.
Protections, Reports and Information SharingProtections
Not competent witness — CommissionA member of the Commission or any person acting on behalf of the Commission or under its direction is not a competent witness in respect of any matter that comes to their knowledge as a result of the exercise of any of the Commission’s powers or performance of any of its duties and functions under this Act in any proceeding other than a prosecution for an offence under this Act or an offence under section 132 of the Criminal Code (perjury) in respect of a statement made under this Act.
Confidential informationFor the purposes of this section, a person that, under this Act, submits any of the following information to the Commission, or a person to whose business and affairs it relates, may designate any of that information as confidential:information that is a trade secret; orfinancial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person that submitted it or the person to whose business or affairs it relates.User communications with chatbot serviceFor the purposes of this section, information submitted to the Commission under this Act that comprises user inputs to a regulated chatbot service and the service’s responses to those inputs is designated as confidential if the Commission is satisfied that the operator of the service has entered into an agreement with the user to keep that information confidential.Person to whose business or affairs information relatesIf the Commission has reasonable grounds to believe that information that is obtained in the exercise of its powers or the performance of its duties and functions, other than information that is designated as confidential under subsection (2), is information referred to in paragraph (1)(a) or (b), it must take reasonable steps to ensure that the person to whose business or affairs the information relates is notified of the fact that the person may be entitled to designate the information as confidential.Prohibition — disclosureSubject to subsections (5) to (8), if a person designates information as confidential under subsection (1) and the designation is not withdrawn by the person, or information is designated as confidential under subsection (2), it is prohibited for a member of the Commission or other individual acting on behalf of the Commission or under its direction who, while holding that office or employment, comes into possession of that designated information to disclose it or allow it to be disclosed — whether or not they have ceased to hold that office or be so employed — to any person in any manner that is likely to make it available for the use of any person that may benefit from the information or use it to the detriment of any other person to whose business or affairs the information relates.Disclosure of information submitted in proceedingsIf information that is designated as confidential under subsection (1) or (2) is submitted in the course of proceedings before the Commission, the Commission may disclose it or require its disclosure if it determines, after considering any representations from interested persons, that the disclosure is in the public interest.Disclosure of other informationIf information that is designated as confidential under subsection (1) or (2) is submitted to or obtained by the Commission otherwise than in the course of proceedings before it, the Commission may disclose it or require its disclosure if, after considering any representations from interested persons, it determines that the information is relevant to the determination of a matter before it and that the disclosure is in the public interest.Disclosure to MinisterThe Commission may disclose information that is designated as confidential under subsection (1) or (2) that is obtained by it to the Minister if required to do so under subsection 124(1).Information inadmissibleInformation designated as confidential under subsection (1) or (2) that is not disclosed or required to be disclosed under this section is not admissible in evidence in any judicial proceedings except proceedings for failure to submit information required to be submitted under this Act or for forgery, perjury or false declaration in relation to the submission of the information.
OffenceEvery individual who contravenes subsection 114(4) is guilty of an offence and is liable on summary conviction,for a first offence, to a fine of not more than $5,000; andfor a second or subsequent offence, to a fine of not more than $10,000.Due diligence defenceAn individual is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
Measures to ensure confidentialityThe Commission must take the measures necessary to ensure the confidentiality of information that is designated as confidential under subsection 114(1) or (2).
Commission Reports
Content of annual reportA report referred to subsection 21(1) of the Digital Safety Commission of Canada Act must contain information respectingany complaints that the Commission received under subsection 68(1), presented in a manner that protects the identity of the complainants;any orders made under paragraph 68(6)(b) or subsection 69(5) or 81(1);any inspections conducted under this Act; andany agreements or arrangements that the Commission enters into under section 120.Additional informationThe report must also contain any information related to this Act that the Minister requests.
Additional reportsThe Minister may request a report from the Commission on any matter within the Commission’s mandate under this Act.TablingThe Minister must cause each report made under subsection (1) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.
Confidential or personal informationA report referred to in subsection 118(1) must not contain personal information or information that is designated as confidential under subsection 114(1) or (2).Annual reportA report referred to in subsection 21(1) of the Digital Safety Commission of Canada Act must not contain information that is designated as confidential under subsection 114(1) or (2).Information prejudicial to criminal investigationsA report referred to in subsection 118(1) of this Act or subsection 21(1) of the Digital Safety Commission of Canada Act must not containany information about the circumstances in which a law enforcement agency was notified about the existence on an operator’s service of content described in paragraph 42(1)(g), 58(1)(f) or 59(1)(e); orany other information regarding the notification of a law enforcement agency about the existence of such content on an operator’s service, if disclosure of the information could prejudice a criminal investigation, whether or not a criminal investigation has begun.
Information Sharing
Agreements or arrangementsThe Commission may, with the approval of the Minister, enter into an agreement or arrangement with federal departments and agencies in the course of federal initiatives that support the implementation of the purposes of this Act, including for the purpose of facilitating communication with any person that operates a social media service, a chatbot service or an online service that is within a category of online services.
Consultation with CRTCThe Commission and the Canadian Radio-television and Telecommunications Commission must consult with each other to the extent that they consider appropriate in carrying out the Commission’s mandate under this Act and the Canadian Radio-television and Telecommunications Commission’s mandate.
Consultation with Privacy CommissionerThe Commission and the Privacy Commissioner must consult with each other to the extent that they consider appropriate in carrying out the Commission’s mandate under this Act and the Privacy Commissioner’s mandate.Privacy protectionThe Commission is not authorized to issue guidelines under section 17 — or guidelines regarding age-verification or age-estimation measures — or to make regulations under any of paragraphs 126(1)(b) to (d) and (f) unless it has consulted with the Privacy Commissioner on the guidelines or regulations and has taken into account any recommendations made by the Privacy Commissioner. If the Commission does not follow a recommendation, it must notify the Privacy Commissioner of the reason why the recommendation was not followed.
Consultation with RCMPThe Commission must consult with the Royal Canadian Mounted Police before issuing guidelines under section 17.
Provision of informationThe Minister may require the Commission to provide to the Minister or any person designated by the Minister, within the time and subject to any conditions that the Minister may specify, any information that the Commission has obtained in the exercise of its powers or the performance of its duties or functions under this Act, other than personal information, that the Minister has reasonable grounds to believe is relevantfor the making of regulations by the Governor in Council under this Act; orfor the purpose of ensuring that this Act and the regulations are effective and up to date.Confidential informationAny information provided under subsection (1) that is information that is designated as confidential under subsection 114(1) or (2) or that an employee of an operator has requested be kept confidential under subsection 66(1) must be treated as confidential by the Minister or the designated person and any person acting on their behalf.
GeneralCost Recovery
RegulationsThe Governor in Council may, for the purpose of recovering all or a portion of any costs incurred by the Commission in relation to the exercise of its powers or the performance of its duties and functions under this Act, make regulations respectingcharges that are payable by the operator of a regulated service;the manner of calculating those charges and the manner of their payment; andthe circumstances in which an operator is exempted from the payment of any charges based on the operator’s ability to pay.Additional informationThe Commission may require an operator to provide to the Commission any information that it considers necessary for the purposes of determining the operator’s gross global revenue and ability to pay.ClassesRegulations made under subsection (1) may establish classes of regulated services.Spending authorityThe Commission may, for the conduct of its activities related to its mandate under this Act, spend revenues from the charges imposed under this section in the fiscal year in which they are received or in the next fiscal year.Debt due to His MajestyCharges imposed under this section and any interest payable on them constitute a debt due to His Majesty in right of Canada and may be recovered in the Federal Court.
Regulations
CommissionThe Commission may make regulationsrespecting the information that must be provided under section 9;respecting, for the purpose of section 21, design features for the protection of children, including account options for children, parental controls and other age-appropriate design features;specifying requirements for the purpose of paragraphs 22(2)(e) and 27(2)(e);specifying, for the purpose of section 23, measures to mitigate the risk that children who use the regulated service will be exposed to pornographic content on the service;respecting the duty under section 25 to keep records, including the length of time for which the records must be kept and the types of records that are not required to be kept;specifying, for the purpose of subsection 28(1), measures to prevent persons under the age of 16 from being able to have an account with, or being otherwise registered with, a regulated social media service;respecting the factors referred to in paragraphs 32(2)(a) to (d) and 37(2)(a) to (e);respecting factors that the Commission must take into account under paragraphs 32(2)(e) and 37(2)(f) and subsection 68(3);respecting measures that operators must implement under sections 33, 38, 50, 52 and 54;respecting the guidelines referred to in sections 34 and 55, including the duty under each of those sections to make the guidelines publicly available;respecting the tools referred to in section 35, including the duty under that section to make those tools available to users;respecting the tools and processes referred to in subsection 36(1) and section 56, including the duty under that subsection and section to implement those tools and processes;respecting the criteria that apply to synthetic content for the purposes of subsection 37(1);respecting the duty under section 39 to label harmful content;respecting the duty under sections 40 and 57 to make a resource person available to users and the manner in which the resource person fulfills their role;respecting the duty under section 41 to preserve harmful content;respecting the duty under subsections 42(1), 58(1) and 59(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;respecting the information required under paragraphs 42(1)(a) to (p), 58(1)(a) to (m) and 59(1)(a) to (i), including the manner in which the information must be organized in a digital safety plan;respecting information required under paragraphs 42(1)(q), 58(1)(n) and 59(1)(j);respecting the duty under subsections 42(4), 58(4) and 59(4) to make a digital safety plan publicly available, including the time within which and the manner in which it must be made publicly available;respecting the duty under sections 43 to 46 to make certain content inaccessible to persons in Canada, the making of representations under subsections 45(1) and 46(2) and requests for reconsideration under subsection 46(1);specifying types of behaviour for the purpose of paragraph 53(e);prescribing types of electronic data for the purpose of paragraph 59(1)(i);respecting the accreditation of persons under subsection 60(1), includingconditions that apply to persons who are accredited, andcriteria and procedures for the suspension or revocation of an accreditation;respecting access to inventories of electronic data given under subsection 60(2), including the conditions to which access is subject, including with respect to confidentiality, data security and the protection of personal information;respecting requests made under section 61 for access to electronic data, orders made under that section and access to electronic data granted under those orders;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 61 and any other conditions under which that access is granted;respecting the revocation or amendment of orders under section 62, including requests and determinations made under that section;respecting the case management of complaints made under subsection 68(1) and the transmission, preservation and treatment of content that is the subject of a complaint and any information related to that content;respecting an operator’s duties under subsections 68(7) and (8) and 69(6); andrespecting the manner in which a person is to publish the notice referred to in subsection 106(2).Publication of proposed regulationsSubject to subsection (3), a copy of each regulation that the Commission proposes to make under subsection (1) must be published in the Canada Gazette and operators and other interested persons must be given a reasonable opportunity to make representations to the Commission with respect to the proposed regulation.Single publication requiredA proposed regulation is not required to be published more than once whether or not it is altered or amended after publication as a result of representations made by operators or other interested persons as provided for under subsection (2).
Governor in CouncilThe Governor in Council may make regulationsspecifying, for the purposes of subsection 2(7), a purpose that an artificial intelligence system exclusively serves;respecting the meaning of the expression “significant psychological or physical harm” for the purposes of paragraphs 42(1)(l) and (n) and 58(1)(k);providing for a period for the purposes of subsection 43(2); andproviding for a period for the purposes of subsection 44(5).Different treatmentRegulations made under paragraph (1)(c) or (d) may distinguish between content that sexually victimizes a child or revictimizes a survivor and intimate content communicated without consent.
Reviews by Minister
Review of Act and reportNo later than the third anniversary of the day on which this section comes into force, and every five years after that, the Minister must cause a review of this Act and its operation to be undertaken. The Minister must cause a report on the review to be laid before each House of Parliament within one year after the day on which the review is completed.Contents of reportThe report must, among other things, containinformation regarding the implementation by operators of measures to notify the Royal Canadian Mounted Police or another law enforcement agency of the existence on the operators’ regulated services of content that gives rise to reasonable grounds to suspect that there is a risk that an individual will commit an act that would cause death or serious bodily harm to another individual;an analysis, prepared after consultation with the Royal Canadian Mounted Police, of the effectiveness of those measures in ensuring that the existence on those services of such content is reported to the Royal Canadian Mounted Police or another law enforcement agency; anda recommendation as to whether an obligation should be imposed on operators to notify a law enforcement agency of the existence on their regulated services of such content.Personal informationThe report must not contain personal information.
Review of minimum age and reportNo later than the third anniversary of the day on which this section comes into force, the Minister must cause a review of sections 27 to 29 and their operation to be undertaken. The Minister must cause a report on the review to be laid before each House of Parliament within one year after the day on which the review is completed.
Coming into Force
Order in councilThe provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Coordinating Amendment
Bill C-16If Bill C-16, introduced in the 1st session of the 45th Parliament and entitled the Protecting Victims Act, receives royal assent, then, on the first day on which both section 179 of that Act and section 2 of this Act are in force, the Digital Safety Act, as enacted by section 2 of this Act, is amended by replacing “An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service” with “the Mandatory Reporting Act” in the following provisions:subsection 41(4);paragraph 42(1)(o) and subsection 42(3);section 47;paragraph 58(1)(l) and subsection 58(3);paragraph 59(1)(h) and subsection 59(3); andsubsection 61(5).
Digital Safety Commission of Canada ActEnactment of Act
EnactmentThe Digital Safety Commission of Canada Act is enacted as follows:An Act to establish the Digital Safety Commission of CanadaAlternative Title
Alternative titleThis Act may be cited as the Digital Safety Commission of Canada Act.
Definitions
DefinitionsThe following definitions apply in this Act.Commission means the Digital Safety Commission of Canada established by section 4. (Commission)Minister means the member of the King’s Privy Council for Canada designated under section 3.‍ (ministre)
Designation of Minister
DesignationThe Governor in Council may, by order, designate any member of the King’s Privy Council for Canada as the Minister for the purposes of this Act.
Establishment and Head Office
CommissionThe Digital Safety Commission of Canada is established.
Head officeThe head office of the Commission is to be at a place in Canada that is designated by the Governor in Council.
Powers, Duties and Functions of Commission
Digital Safety ActThe Commission exercises the powers and performs the duties and functions conferred on it under the Digital Safety Act.Other ActsThe Commission exercises the powers and performs the duties or functions conferred on it under any other Act of Parliament.
DelegationThe Commission may, subject to any terms and conditions that it may specify, delegate to any of its members or employees any of its powers, duties and functions.RestrictionSubject to any other Act of Parliament, the Commission is not authorized to delegate the duty to submit a report to a minister or the Governor in Council, the power to make regulations that it is authorized to make or the power to delegate under subsection (1).
DivisionsThe Commission may establish divisions of the Commission and all or any of the powers, duties and functions of the Commission may, as directed by it, be exercised or performed by any or all of those divisions.
RulesThe Commission may make rules respecting its procedures and practices. It must make the rules publicly available.
Members of the Commission
CompositionThe Commission consists of three to five full-time members to be appointed by the Governor in Council to hold office during good behaviour. The Governor in Council may remove a member at any time for cause.
Term of officeMembers are to hold office for renewable terms of not more than five years that will ensure, to the extent possible, the end in any one calendar year of the terms of office of not more than half of the members.
IneligibilityA person is not eligible to be appointed or to continue as a member if the person is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.
Incompatibility with other duties and functionsA member must devote the whole of their time to the performance of their duties and functions.
SuspensionIf the Governor in Council is of the opinion that exceptional circumstances justify it, the Governor in Council may suspend a member, with remuneration, until the Governor in Council has determined whether the member should be removed from office.Exceptional circumstancesExceptional circumstances include cases where there are allegations of serious misconduct on the part of the member or allegations against the member related to a risk to the occupational health or safety of the employees of the Commission.
Remuneration and expensesA member is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred while absent from their ordinary place of work in the course of performing their duties and functions.
BenefitsA member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.
Chairperson
Designation of ChairpersonThe Governor in Council must designate one member of the Commission to be the Chairperson of the Commission.Absence, incapacity or vacancyIf the Chairperson is absent or incapacitated or if the office of Chairperson is vacant, the Minister may authorize another member to act as Chairperson, but no member so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.
Chief executive officer and deputy headThe Chairperson is the chief executive officer of the Commission and has the rank and status of a deputy head of a department.RoleThe Chairperson is responsible forthe management of the Commission’s day-to-day business and affairs, including the supervision of its employees and the work performed by them; andthe allocation of work among the members.
ArrangementsThe Chairperson may, on behalf of the Commission, enter into contracts, memoranda of understanding or other agreements or arrangements — except agreements or arrangements referred to in section 120 of the Digital Safety Act — either in the name of His Majesty or in the name of the Commission.
Employees
EmployeesThe Chairperson may employ any employees that are necessary to conduct the work of the Commission.AppointmentEmployees are to be appointed in accordance with the Public Service Employment Act.
Annual Report
Duty to submitThe Commission must, within three months after the end of each fiscal year, submit to the Minister a report on its activities in that fiscal year.Copy to other ministersThe Minister must provide a copy of the report to each minister who is responsible for any other Act of Parliament that confers powers, duties or functions on the Commission.TablingThe Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.
Personal informationA report referred to in subsection 21(1) must not contain personal information, as defined in section 3 of the Privacy Act.
Transitional Provision
Chairperson’s interim powersDuring the period before the first day on which there is a Chairperson of the Commission and at least two other members in office, the Chairperson, once designated, comprises the Commission and may exercise all of the powers conferred on the Commission under this Act and the Digital Safety Act.
Coming into Force
Order in councilThe provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Consequential AmendmentsR.S., c. A-1Access to Information Act
Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:Digital Safety Commission of CanadaCommission canadienne de la sécurité numérique
R.S., c. F-11Financial Administration Act
Schedule I.1 to the Financial Administration Act is amended by adding, in alphabetical order in column I, a reference toDigital Safety Commission of CanadaCommission canadienne de la sécurité numériqueand a corresponding reference in column II to “Minister of Canadian Heritage”.
Schedule IV to the Act is amended by adding the following in alphabetical order:Digital Safety Commission of CanadaCommission canadienne de la sécurité numérique
Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference toDigital Safety Commission of CanadaCommission canadienne de la sécurité numériqueand a corresponding reference in column II to “Chairperson”.
R.S., c. P-21Privacy Act
The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:Digital Safety Commission of CanadaCommission canadienne de la sécurité numérique
R.S., c. P-36Public Service Superannuation Act
Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:Digital Safety Commission of CanadaCommission canadienne de la sécurité numérique
Coming into Force
Order in councilSections 5 to 10 come into force on the day on which section 4 of the Digital Safety Commission of Canada Act comes into force.