MINISTER OF CANADIAN IDENTITY AND CULTURE AND MINISTER RESPONSIBLE FOR OFFICIAL LANGUAGES

(a) imposes on the operators of regulated services

(b) 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;

(c) 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; and

(d) provides 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.

TABLE OF PROVISIONS

An Act respecting digital safety

Alternative Title

Interpretation and Application

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 cause

• (a) serious bodily harm to a person;

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

• (c) a serious risk to the health or safety of the public or any 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

• (a) communicates over the Internet;

• (b) is made available on a website or through an application that is publicly accessible in Canada;

• (c) uses a natural language interface to provide, in a conversational format, adaptive, human-like responses to user inputs;

• (d) 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; and

• (e) generates 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 cause

• (a) serious bodily harm to a person;

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

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

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

content that sexually victimizes a child or revictimizes a survivor means

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

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

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

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

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

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

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

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

• (f) a visual representation that shows a child who is being subjected to cruel, inhuman or degrading acts of physical violence, whether the acts are sexual in nature or not;

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

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

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

harmful content means

• (a) intimate content communicated without consent;

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

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

• (d) content used to bully a child;

• (e) content that foments hatred;

• (f) content that incites violence; and

• (g) terrorism 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 means

• (a) a 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 person

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

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

• (b) a 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,

• (a) actively encourages, instructs or counsels a person to facilitate or commit an act of terrorism or violent extremism;

• (b) threatens or facilitates the commission of an act of terrorism or violent extremism;

• (c) aims to recruit a person to facilitate or commit acts of terrorism or violent extremism;

• (d) 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;

• (e) 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; or

• (f) promotes 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)

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

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

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

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

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

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

• (a) whose primary purpose is to facilitate the sale, listing or advertisement of goods or services; or

• (b) whose primary purpose is to provide directories, search results, maps or navigation tools.

• (a) it 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;

• (b) it has provided to the Governor in Council a report that sets out the results of its analysis; and

• (c) the report indicates that the Commission is satisfied that the online services pose a significant risk of harm to children in Canada.

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

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

• (a) establishing types of social media services;

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

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

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

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

• (a) establishing types of chatbot services;

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

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

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

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

• (a) establishing types of online services that are within a category of online services;

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

• (c) respecting the manner of determining the number of users of an online service that is within a category of online services.

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

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

Designation of Minister

Purposes of Act

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

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

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

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

• (e) 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;

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

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

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

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

Commission

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

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

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

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

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

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

• (g) providing support to users of regulated services;

• (h) advocating for the public interest with respect to systemic issues related to online safety;

• (i) 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; and

• (j) directing users of regulated services to resources, including those provided for under this Act, that may address their concerns regarding online safety.

• (a) the 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;

• (b) the information that should be provided to the Royal Canadian Mounted Police in such circumstances; and

• (c) the 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.

• (a) freedom of expression;

• (b) equality rights;

• (c) privacy rights;

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

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

PART 1 

Duties of Operators

• (a) are effective;

• (b) do not involve the collection or use of personal information other than for age-verification or age-estimation purposes;

• (c) provide for the destruction of personal information collected for age-verification or age-estimation purposes once the verification or estimation is completed;

• (d) provide for the protection of personal information that is collected for age-verification or age-estimation purposes until that information is destroyed; and

• (e) comply with any other requirement specified in the regulations.

• (a) are effective;

• (b) do not involve the collection or use of personal information other than for age-verification or age-estimation purposes;

• (c) provide for the destruction of personal information that is collected for age-verification or age-estimation purposes once the verification or estimation is completed;

• (d) provide for the protection of personal information that is collected for age-verification or age-estimation purposes until that information is destroyed; and

• (e) comply with any other requirement specified in the regulations.

• (a) the effectiveness of the measures in mitigating the risk that users of the service will be exposed to harmful content on the service;

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

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

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

• (e) any factor provided for by regulations.

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

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

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

• (b) notify a user 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; and

• (c) notify 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.

• (a) the effectiveness of the measures in labelling, as being synthetic content, any synthetic content that is accessible on the service;

• (b) the effectiveness of the measures in avoiding incorrectly labelling, as being synthetic content, any content that is accessible on the service;

• (c) the extent to which it is technically feasible to identify synthetic content that is accessible on the service;

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

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

• (f) any factor provided for by regulations.

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

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

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

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

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

• (a) information respecting the manner in which the operator complies with sections 32 and 33, including

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

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

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

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

  • (v) information respecting the factors referred to in subsection 32(2);

• (b) 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);

• (c) information respecting the manner in which the operator complies with section 21, including

  • (i) a description of the design features that the operator integrates into the service under that section,

  • (ii) the operator’s assessment of the effectiveness of the measures, both individually and collectively, and

  • (iii) a description of the indicators that the operator uses to assess the effectiveness of the measures;

• (d) information respecting the manner in which the operator complies with subsections 22(1) and 27(1);

• (e) information respecting the manner in which the operator complies with the regulations made under paragraphs 126(1)‍(d) and (f);

• (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;

• (g) 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;

• (h) if any law enforcement agencies were notified of the existence on the service of content described in paragraph (g), information respecting

  • (i) the number of such notifications,

  • (ii) the name of each law enforcement agency notified, and

  • (iii) the circumstances in which each was notified;

• (i) 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;

• (j) information respecting

  • (i) the volume and type of harmful content that was accessible on the service, including the volume and type of harmful content that was moderated and the volume and type of harmful content that would have been accessible on the service had it not been moderated, and

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

• (k) information respecting

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

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

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

  • (iv) the time within which the operator took those measures;

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

  • (i) a description of the content,

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

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

• (m) 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;

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

  • (i) harmful content on the service,

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

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

• (o) 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;

• (p) 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); and

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

• (a) any 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); or

• (b) any 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.

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

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

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

• (a) must make that content inaccessible to all persons in Canada within the period that applies under subsection (2) and continue to make it inaccessible until the operator makes a decision under subsection 45(2); and

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

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

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

• (a) make the content inaccessible to all persons in Canada without delay, if subsection 45(4) does not already apply to the operator in respect of the content; or

• (b) continue to make the content inaccessible to all persons in Canada if subsection 45(4) applies.

• (a) 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;

• (b) 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;

• (c) 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;

• (d) encouraging self-harm, suicide or the commission of acts that could cause death or serious bodily harm to an individual; or

• (e) any other type of behaviour specified in the regulations.

• (a) mitigate the risk that the service will communicate harmful content;

• (b) 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; and

• (c) mitigate the risk that the service will engage in any type of harmful behaviour referred to in section 53.

• (a) enable a user of the service to easily flag to the operator

  • (i) the communication of harmful content by the service,

  • (ii) 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, or

  • (iii) the fact that the service engaged in a type of harmful behaviour referred to in section 53; and

• (b) notify the user of its receipt of the flag.

• (a) receive 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;

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

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

• (a) information respecting the manner in which the operator complies with sections 49 to 54, including

  • (i) the 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,

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

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

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

• (b) information respecting the manner in which the operator complies with section 21, including

  • (i) a description of the design features that the operator integrates into the service under that section,

  • (ii) the operator’s assessment of the effectiveness of the measures, both individually and collectively, and

  • (iii) a description of the indicators that the operator uses to assess the effectiveness of the measures;

• (c) information respecting the manner in which the operator complies with subsection 22(1);

• (d) information respecting the manner in which the operator complies with the regulations made under paragraph 126(1)‍(d);

• (e) information respecting any measures that the operator implements to protect children, other than those that it implements to fulfill its obligations under this Act;

• (f) 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;

• (g) if any law enforcement agencies were notified of the existence on the service of content described in paragraph (f), information respecting

  • (i) the number of such notifications,

  • (ii) the name of each law enforcement agency notified, and

  • (iii) the circumstances in which each was notified;

• (h) information respecting the resources, including human resources, that the operator allocates in order to comply with sections 21 to 23 and 49 to 57;

• (i) information respecting

  • (i) the 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,

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

  • (iii) measures taken by the operator with respect to the flags;

• (j) 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;

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

  • (i) harmful content communicated by the service,

  • (ii) harmful behaviour referred to in section 53 engaged in by the service,

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

  • (iv) 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, or

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

• (l) 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;

• (m) 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); and

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

• (a) any 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); or

• (b) any 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.

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

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

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

• (a) information respecting the manner in which the operator complies with section 21, including

  • (i) a description of the design features that the operator integrates into the service under that section,

  • (ii) the operator’s assessment of the effectiveness of the measures, both individually and collectively, and

  • (iii) a description of the indicators that the operator uses to assess the effectiveness of the measures;

• (b) information respecting the manner in which the operator complies with subsection 22(1);

• (c) information respecting the manner in which the operator complies with the regulations made under paragraph 126(1)‍(d);

• (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;

• (e) 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;

• (f) if any law enforcement agencies were notified of the existence on the service of content described in paragraph (e), information respecting

  • (i) the number of such notifications,

  • (ii) the name of each law enforcement agency notified, and

  • (iii) the circumstances in which each was notified;

• (g) 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;

• (h) 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;

• (i) 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); and

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

• (a) any 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); or

• (b) any 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.

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

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

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

PART 2 

Access to Inventories and Electronic Data

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

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

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

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

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

• (d) a description of the electronic data to which access is requested, which must be referred to in an inventory of electronic data that is included in a digital safety plan that has been submitted to the Commission under subsection 42(1), 58(1) or 59(1) in respect of the regulated service;

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

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

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

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

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

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

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

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

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

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

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

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

• (a) any 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); or

• (b) any 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.

PART 3 

Remedies

• (a) harmful 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;

• (b) harmful behaviour referred to in section 53 that is engaged in by a regulated chatbot service; or

• (c) the measures taken by the operator of a regulated service to comply with its duties under this Act.

• (a) the employee’s identity; and

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

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

• (b) information that is publicly available; and

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

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

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

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

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

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

• (b) make an order requiring the operator to, without delay, make the content inaccessible to all persons in Canada and to continue to make it inaccessible until the Commission gives notice to the operator of its decision under subsection 69(4) or (5), as the case may be.

PART 4 

Administration and Enforcement

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

• (b) administer oaths;

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

• (d) decide any procedural or evidentiary question.

• (a) a complaint made under subsection 68(1); or

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

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

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

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

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

• (e) the following information may be disclosed:

  • (i) information that is a trade secret,

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

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

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

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

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

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

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

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

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

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

• (a) there 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); and

• (b) entry to the place is necessary for that purpose.

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

• (b) contravenes an order of the Commission;

• (c) contravenes a requirement imposed by an inspector under section 80;

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

• (e) contravenes a requirement imposed by the Commission under section 104 or subsection 106(2);

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

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

• (a) contravenes section 9;

• (b) contravenes a requirement imposed by an inspector under section 80;

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

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

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

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

• (c) the provision at issue;

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

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

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

• (a) the 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; and

• (b) the 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.

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

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

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

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

• (e) the purpose of the penalty;

• (f) any factor prescribed by regulation; and

• (g) any other relevant factor.

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

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

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

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

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

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

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

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

• (b) the amount specified in an undertaking, beginning on the day on which the undertaking is accepted by the Commission or a person authorized to enter into undertakings under section 93;

• (c) the amount of the penalty imposed by the Commission, beginning on the day on which it is required to be paid in accordance with the notice of decision served under subsection 91(5); and

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

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

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

• (a) contravenes an order of the Commission;

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

• (c) contravenes a requirement imposed by the Commission under section 104 or subsection 106(2);

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

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

• (a) on conviction on indictment,

  • (i) 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, or

  • (ii) to 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; or

• (b) on summary conviction,

  • (i) 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, or

  • (ii) to 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.

• (a) contravenes subsection 78(5); or

• (b) contravenes a requirement imposed by an inspector under section 80.

• (a) on conviction on indictment,

  • (i) 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, or

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

• (b) on summary conviction,

  • (i) to a fine of not more than 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, or

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

• (a) providing for the circumstances in which any of paragraphs 83(1)‍(a) to (g) and (2)‍(a) to (d) do not apply;

• (b) respecting the determination of gross global revenue for the purposes of section 88 and subsections 107(2) and 108(2);

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

• (d) respecting undertakings referred to in section 94; and

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

PART 5 

Protections, Reports and Information Sharing

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

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

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

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

• (a) any complaints that the Commission received under subsection 68(1), presented in a manner that protects the identity of the complainants;

• (b) any orders made under paragraph 68(6)‍(b) or subsection 69(5) or 81(1);

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

• (d) any agreements or arrangements that the Commission enters into under section 120.

• (a) any 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); or

• (b) any 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.

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

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

PART 6 

General

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

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

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

• (a) respecting the information that must be provided under section 9;

• (b) 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;

• (c) specifying requirements for the purpose of paragraphs 22(2)‍(e) and 27(2)‍(e);

• (d) 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;

• (e) 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;

• (f) 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;

• (g) respecting the factors referred to in paragraphs 32(2)‍(a) to (d) and 37(2)‍(a) to (e);

• (h) respecting factors that the Commission must take into account under paragraphs 32(2)‍(e) and 37(2)‍(f) and subsection 68(3);

• (i) respecting measures that operators must implement under sections 33, 38, 50, 52 and 54;

• (j) respecting the guidelines referred to in sections 34 and 55, including the duty under each of those sections to make the guidelines publicly available;

• (k) respecting the tools referred to in section 35, including the duty under that section to make those tools available to users;

• (l) 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;

• (m) respecting the criteria that apply to synthetic content for the purposes of subsection 37(1);

• (n) respecting the duty under section 39 to label harmful content;

• (o) 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;

• (p) respecting the duty under section 41 to preserve harmful content;

• (q) 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;

• (r) 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;

• (s) respecting information required under paragraphs 42(1)‍(q), 58(1)‍(n) and 59(1)‍(j);

• (t) 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;

• (u) 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);

• (v) specifying types of behaviour for the purpose of paragraph 53(e);

• (w) prescribing types of electronic data for the purpose of paragraph 59(1)‍(i);

• (x) respecting the accreditation of persons under subsection 60(1), including

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

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

• (y) 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;

• (z) 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;

• (z.‍1) 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;

• (z.‍2) respecting the revocation or amendment of orders under section 62, including requests and determinations made under that section;

• (z.‍3) 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;

• (z.‍4) respecting an operator’s duties under subsections 68(7) and (8) and 69(6); and

• (z.‍5) respecting the manner in which a person is to publish the notice referred to in subsection 106(2).

• (a) specifying, for the purposes of subsection 2(7), a purpose that an artificial intelligence system exclusively serves;

• (b) 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);

• (c) providing for a period for the purposes of subsection 43(2); and

• (d) providing for a period for the purposes of subsection 44(5).

• (a) information 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;

• (b) 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; and

• (c) a 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.

PART 7 

Coming into Force

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

An Act to establish the Digital Safety Commission of Canada

Alternative Title

Definitions

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

Establishment and Head Office

Powers, Duties and Functions of Commission

Members of the Commission

Chairperson

• (a) the management of the Commission’s day-to-day business and affairs, including the supervision of its employees and the work performed by them; and

• (b) the allocation of work among the members.

Employees

Annual Report

Transitional Provision

23 During 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

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

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Digital Safety Commission of Canada

Commission canadienne de la sécurité numérique

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Digital Safety Commission of Canada

Commission canadienne de la sécurité numérique

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Digital Safety Commission of Canada

Commission canadienne de la sécurité numérique

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Start of inserted block

Digital Safety Commission of Canada

Commission canadienne de la sécurité numérique

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Start of inserted block

Digital Safety Commission of Canada

Commission canadienne de la sécurité numérique

End of inserted block

Start of inserted block

Digital Safety Commission of Canada

Commission canadienne de la sécurité numérique

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Published under authority of the Speaker of the House of Commons