🍁 civid v1

Status and scope

• Bill S-252 was at first reading on October 20, 2026. It may be cited as the Stopping Internet Sexual Exploitation Act (the Protect Act).
• It would amend the Criminal Code to create offences concerning pornographic material. It principally affects commercial makers, distributors and advertisers, website operators, and people whose images appear in the material.
• “Pornographic material” would include visual representations of a person engaged, or depicted as engaged, in explicit sexual activity, or whose dominant characteristic is the depiction of a sexual organ or anal region for a sexual purpose.

Criminal Code changes

• Making: A person making material for commercial purposes would have to first ascertain that everyone depicted is at least 18 and has expressly consented to their image being depicted.
• Distribution and advertising: Before distributing or advertising material commercially, a person would have to obtain written confirmation from its maker that everyone depicted was at least 18 when it was made, expressly consented to their image being depicted and has not subsequently withdrawn that consent in writing.
• Removal requests: A website operator would commit an offence by knowingly failing to remove material following a written request from its maker or someone depicted. The provision does not specify a removal deadline. Material could be made available again if the maker and everyone depicted agree in writing.
• Existing material: An operator of a commercial website would have to remove material made available before the relevant section comes into force if the operator knows, or reasonably ought to know, that the required written confirmation was not obtained, unless there is a reasonable excuse.
• Age verification: A maker could not rely on a belief that a depicted person was 18 or older as a defence unless the maker attempted to verify age using specified identification or prescribed documentation, reasonably believed it authentic and documented the examination at the time.
• Penalties: The four offences would carry a maximum fine of $500,000, up to 10 years’ imprisonment, or both, on indictment; the maximum fine on summary conviction would be $100,000. Corporations making, distributing or advertising material would be presumed to act commercially unless the court is satisfied there are reasonable grounds to believe otherwise.
• Defence and sentencing: A public-good defence would apply where the alleged act serves the public good and goes no further than necessary. Courts would have to treat specified circumstances as aggravating, including a depicted person being under 18 or not consenting to the sexual activity depicted.

Other powers and remedies

• Courts could order qualifying material or related data seized, forfeited or deleted. Following a conviction or conditional discharge, a court could also restrict an offender’s internet use or require removal of the material. Breaching such an order would be an offence.
• Courts could order restitution for readily ascertainable, reasonable expenses incurred in removing the material from the internet or another digital network.
• The bill would add the offences to existing Criminal Code provisions concerning court proceedings and publication bans. It would also extend the Code’s rules deeming certain acts outside Canada to have been committed in Canada by Canadian citizens or permanent residents.
• The Governor in Council could make regulations about verification documents, records and retention periods, and website operators’ removal-request arrangements.

Coordination and timing

• The coordinating amendments address how the bill would interact with Bill C-16, the Protecting Victims Act, if that bill receives royal assent. Some results depend on which provisions come into force first.
• The supplied text does not specify a coming-into-force date or a public cost estimate.