Note: Bill C-396 died with the end of the 35th Parliament.
A new version was introduced on June 11, 1998 as Bill C-424.

Summary

This enactment provides for the licensing of Internet service providers and requires their cooperation to minimize the use of the Internet for the publication or proliferation of child pornography. Persons with a record of an offence related to child pornography will not be licensed.

Service providers may be required to block access to identified portions of the Internet that carry child pornography. The enactment also provides for offences and penalties.

An Act to restrict the use of the Internet to distribute pornographic material involving children.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

1. This Act may be cited as the Internet Child Pornography Restriction Act.

Definitions

2. The definitions in this section apply in this Act.

"child pornography", «pornographie juvénile»

has the meaning given to the expression by section 163.1 of the criminal Code.

"Internet", «réseau Internet»

means the international computer network commonly known by that name.

"Internet service provider", «fournisseur daccèss au réseau Internet»

means a person who provides a service that facilitates access to the Internet, whether the service is provided free or for a charge.

"Minister", «ministre»

means the Minister of Justice.

"prescribed offence involving a child", «infraction déterminée concernant un enfant»

means an offence under any of the following provisions of the , where

(a) the victim was under the age of fourteen; or

(b) the victim was fourteen or more, but under eighteen, and the offender was in a position of trust or authority toward the victim or the victim was in a relationship of dependency on the offender:

(i) section 151 (sexual interference),

(ii) section 152 (invitation to sexual touching),

(iii) section 153 (sexual exploitation),

(iv) section 155 (incest),

(v) section 159 (anal intercourse),

(vi) section 160(2) or (3) (compelling the commission of bestiality or bestiality in presence of or by a child),

(vii) section 170 (parent or guardian procuring sexual activity),

(viii) section 172 (corrupting children),

(ix) section 173(2) (exposure),

(x) section 271 (sexual assault),

(xi) section 272 (sexual assault with a weapon), or

(xii) section 273 (aggravated sexual assault).

"subscriber", «abonné»

means a person who contracts with or uses the services of an Internet service provider to obtain access to the Internet.

Service providers licensed

3.(1) No person may offer the services of or operate as an Internet service provider unless the person has, on application in the prescribed form, been granted a licence to operate as an Internet service provider by the Minister of Justice.

Licence refused

(2) The Minister shall refuse a licence under subsection (1) to any applicant who, or who employs an individual who, or being a corporation has any director, shareholder, officer, or employee who, has been convicted of an offence under section 163.1 of the Criminal Code or a prescribed offence involving a child.

Licence cancelled

(3) The Minister shall cancel the licence of any Internet service provider if the licensee, or if the licensee is a corporation, if a director or officer of the corporation, is convicted of an offence under section 163.1 of the Criminal Code or a prescribed offence involving a child.

Licence cancelled

(4) The Minister may cancel the licence of any Internet service provider if

(a) the Internet service provider commits an offence under section 4; or

(b) the licensee or an employee of the licensee, or if the licensee is a corporation, if a director, officer, shareholder, or employee of the corporation, is convicted of an offence under section 163.1 of the Criminal Code or a prescribed offence involving a child.

Prohibited service

4.(1) No Internet service provider shall knowingly permit the use of its service for the placing of child pornography on the Internet or the viewing, reading, copying, or recovery of child pornography from the Internet.

Offence and penalty

(2) An Internet service provider who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years or to both fine and imprisonment.

Directors and officers

(3) A director of a corporation that commits an offence under subsection (2) who was aware of the circumstances on which the offence was based is also guilty of the offence and liable to the punishments provided in subsection (2).

Subscriber's criminal record

5. (1) No Internet service provider may provide a service to any individual unless the individual first consents to the Internet service provider carrying out a check of the criminal record of the individual with respect to any conviction under section 163.1 of the Criminal Code or any conviction for a prescribed offence involving a child.

Subscriber barred

(2) No Internet service provider may provide a service to any individual if the individual has, during the preceding ten years, been convicted of an offence under section 163.1 of the Criminal Code or a prescribed offence involving a child.

Access blocked

6. If ordered by the Minister, an Internet service provider shall use all means available to block access by its subscribers to any material on the Internet that the Minister, after reasonable inquiry, determines to be child pornography.

Offence and penalty

7. (1) An Internet service provider who refuses or fails to comply with section 5 or an order made under section 6 is guilty of an offence and liable on summary conviction to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding one year or to both find an imprisonment.

Directors and officers

(2) A director of a corporation that commits an offence under subsection (1), who was aware of the circumstances on which the offence was based, is also guilty of the offence and liable to the punishments provided in subsection (1).

Agreements

8. The Minister may enter into agreements with a province or a foreign state for the exchange of information and cooperation to minimize the use of the Internet for the publication or proliferation of child pornography.