An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service (S.C. 2011, c. 4)

AMENDMENTS NOT IN FORCE

• — 2026, c. 19, s. 178

  • 178 An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service is amended by adding the following before the heading before section 1:

    Short Title

    • Short title

      0.1 This Act may be cited as the Mandatory Reporting Act.

• — 2026, c. 19, s. 179

  • 179 The definition Internet service in subsection 1(1) of the Act is replaced by the following:

    Internet service

    Internet service includes

    • (a) a service providing Internet access;

    • (b) a service providing Internet content hosting, regardless of the originator of the content or the manner by which the content is made accessible; and

    • (c) a service facilitating interpersonal communication over the Internet, including a service providing electronic mail. (services Internet)

• — 2026, c. 19, s. 180

  • 180 Sections 3 and 4 of the Act are replaced by the following:

    • Duty to notify

      • 3 (1) A person who provides an Internet service to the public and who has reasonable grounds to believe that their Internet service is being or has been used to commit a child sexual abuse and exploitation material offence must notify the law enforcement body designated by the regulations of that fact as soon as feasible and in accordance with the regulations, if

        • (a) the offence has been committed by means of a computer system, as defined in subsection 342.1(2) of the Criminal Code, that is located in Canada;

        • (b) the person has possession or control of the computer system; and

        • (c) the child sexual abuse and exploitation material related to the offence is stored on the computer system.

      • Transmission data

        (2) If the material related to the offence is manifestly child sexual abuse and exploitation material, the person must include with the notification a document containing any transmission data, as defined in section 487.011 of the Criminal Code, related to the material that could assist in the investigation of the offence.

    • Preservation of computer data

      • 4 (1) A person who makes a notification under section 3 must preserve all computer data related to the notification that is in their possession or control for one year after the day on which the notification is made.

      • Destruction of preserved computer data

        (2) The person must destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under subsection (1) as soon as feasible after the end of the one-year period, unless the person is required to preserve the computer data by a judicial order made under any other Act of Parliament or any Act of the legislature of a province.

• — 2026, c. 19, s. 181

  • 181 The Act is amended by adding the following after section 9:

    • Reporting information — foreign jurisdiction

      9.01 A person who provides an Internet service to the public and who reports, in compliance with an obligation under the laws of a foreign jurisdiction, information related to a child sexual abuse and exploitation material offence is not required to provide a notification under section 3 with respect to the offence.

    • For greater certainty — Privacy Act

      9.1 For greater certainty, this Act is not to be construed as limiting in any way any obligation under the Privacy Act or any applicable provincial privacy legislation.

• — 2026, c. 19, s. 182

  • 182 Section 11 of the Act is replaced by the following:

    • Limitation period

      11 A prosecution for an offence under this Act cannot be commenced more than five years after the time when the act or omission giving rise to the prosecution occurred.

• — 2026, c. 19, s. 183

  • • 183 (1) Paragraph 12(a) of the Act is replaced by the following:

      • (a) specifying the services included in the definition Internet service in subsection 1(1);

      • (a.1) designating an organization for the purpose of section 2;

    • (2) Section 12 of the Act is amended by adding the following after paragraph (c):

      • (c.1) designating a law enforcement body for the purpose of section 3;

    • (3) Section 12 of the Act is amended by adding the following after paragraph (d):

      • (d.1) requiring the law enforcement body designated under paragraph (c.1) to submit to the Minister of Justice and the Minister of Public Safety and Emergency Preparedness an annual report in relation to the information that it receives under this Act;

      • (d.2) specifying the form and content of the annual report referred to in paragraph (d.1), as well as the time and manner of its submission;