Understanding Bill C-63: The Online Harms Act

Introduction to the Online Harms Act

Bill C-63, known as the Online Harms Act, represents a groundbreaking piece of legislation introduced in the House of Commons of Canada. This bill aims to address the complex and evolving challenges of online safety, targeting the reduction of harmful content on the internet, particularly on social media platforms. Through comprehensive measures, the Act seeks to ensure a safer online environment for Canadians, emphasizing the protection of children, the combat against online hate, and the reinforcement of digital and social media accountability.

Key Components and Objectives

The Online Harms Act is structured around several core components, each targeting specific areas of online safety:

1. Establishment of the Digital Safety Commission of Canada: A central feature of the Act is the creation of a new regulatory body responsible for overseeing the enforcement of the legislation. This commission will play a pivotal role in monitoring compliance, issuing guidelines, and ensuring social media platforms adhere to their responsibilities.
2. Duties of Social Media Platforms: The Act imposes a series of duties on operators of social media services, including the obligation to act against harmful content, protect minors, and enhance transparency. Platforms are required to implement systems for content moderation, user reporting of harmful content, and measures to prevent the spread of such content.
3. Amendments to Existing Legislation: Bill C-63 proposes amendments to the Criminal Code, the Canadian Human Rights Act, and other relevant laws to address the dissemination of hate speech, child pornography, and other forms of illegal content online. This includes the creation of new offences and the enhancement of penalties for violations.
4. Protection of Children Online: A significant focus of the Act is on safeguarding children from online harms. It outlines specific duties for social media services to incorporate design features that protect children and to actively work to make the internet a safer space for young users.
5. Combat Against Online Hate: The legislation introduces measures to combat online hate speech and extremism, including the definition of new criminal offences related to the propagation of hate online and the empowerment of the Digital Safety Commission to take action against such content.
6. Transparency and Accountability: The Act mandates increased transparency from social media services regarding their policies and practices on content moderation, including the requirement to publish regular reports on their efforts to combat online harms.

Conclusion and Implications

Bill C-63 represents a comprehensive effort by the Canadian government to tackle the pervasive issue of online harms, with a particular emphasis on protecting vulnerable populations and promoting a healthier digital environment. By establishing a regulatory framework and setting clear obligations for social media platforms, the Act aims to create a more accountable and safe online space for all Canadians. As this legislation moves through the parliamentary process, it will be subject to further scrutiny, debate, and potential amendments to ensure its effectiveness in achieving its ambitious goals.

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This summary provides an overarching view of Bill C-63, the Online Harms Act, capturing its essence and the breadth of its provisions. As the bill progresses, its impact on the digital landscape in Canada will be closely watched by policymakers, industry stakeholders, and the general public alike.

Part 2: The Digital Safety Ombudsperson of Canada

Overview and Purpose

Part 2 of Bill C-63 introduces the establishment of the Digital Safety Ombudsperson of Canada. This role is designed to provide support to users of regulated services and advocate for the public interest regarding systemic issues related to online safety. The introduction of this position reflects the government’s commitment to enhancing the safety of the online environment and addressing the challenges posed by harmful online content.

Appointment and Tenure

• The Digital Safety Ombudsperson is appointed by the Governor in Council for a renewable term of not more than five years, operating on a full-time basis.
• This appointment aims to ensure independence and effectiveness in addressing issues of online safety.

Mandate and Responsibilities

• The Ombudsperson’s mandate encompasses supporting users of regulated services by guiding them towards resources that can address their concerns related to harmful content.
• Additionally, the Ombudsperson plays a critical role in highlighting systemic issues in online safety and can gather information to better understand the challenges faced by users of regulated services.
• This role involves making recommendations and advocating for changes that can enhance the overall safety of the online environment for Canadians.

Remuneration and Benefits

• The Ombudsperson receives a remuneration fixed by the Governor in Council and is entitled to reasonable travel and living expenses, reflecting the significance of the role in promoting online safety.

Eligibility and Incompatibility

• Eligibility for the role requires Canadian citizenship or permanent residency, ensuring that the Ombudsperson has a vested interest in the well-being of Canadians.
• The Ombudsperson must devote their full time to the duties and functions of the role, highlighting the dedication required to effectively support users and advocate for online safety.

Powers, Duties, and Functions

• The Ombudsperson has the authority to gather information, highlight issues, and direct users to resources related to online safety.
• This includes the ability to address concerns about harmful content, offering a direct line of support to individuals impacted by online harms.

Conclusion

The establishment of the Digital Safety Ombudsperson of Canada under Part 2 of Bill C-63 signifies an important step towards improving online safety. By providing support to users and addressing systemic issues, the Ombudsperson serves as a critical advocate for the public interest in the digital landscape. This role not only supports individuals directly affected by harmful online content but also contributes to the broader goal of creating a safer and more accountable online environment. Through gathering information, highlighting safety issues, and guiding users towards helpful resources, the Ombudsperson plays a key role in mitigating the risks associated with online harms.

The responsibilities and powers bestowed upon the Digital Safety Ombudsperson are designed to ensure that systemic issues related to online safety are addressed effectively. By providing a mechanism for support and advocacy, the Ombudsperson contributes to the ongoing efforts to balance the benefits of digital connectivity with the need to protect individuals from online harms.

Furthermore, the emphasis on eligibility criteria and the requirement for the Ombudsperson to devote their full attention to the role underscore the importance of this position within the framework of Bill C-63. The measures outlined in this part of the bill demonstrate a comprehensive approach to enhancing online safety, underscoring the Canadian government’s commitment to tackling the complex challenges of harmful online content.

In conclusion, Part 2 of Bill C-63, by establishing the Digital Safety Ombudsperson of Canada, introduces a pivotal element in the legislative framework aimed at combating online harms. This initiative marks a significant step forward in the effort to ensure a safer online environment for all Canadians, reflecting a proactive approach to addressing the multifaceted issues of digital safety and online well-being.

Part 3: Establishment of the Digital Safety Office of Canada

Introduction and Objective

Part 3 of Bill C-63 lays the groundwork for the Digital Safety Office of Canada, an essential pillar in the national strategy to safeguard Canadians online. This Office is conceived as a central figure in the administration and enforcement of the Online Harms Act, signifying a structured and proactive approach towards mitigating online risks and enhancing digital safety across Canada.

Foundation and Functions

• The Digital Safety Office of Canada is established as a pivotal entity, designed to support both the Digital Safety Commission of Canada and the Digital Safety Ombudsperson. Its creation underscores the government’s commitment to providing a coordinated and effective response to online safety concerns.
• This Office is tasked with the critical functions of operational support, policy development, and the execution of safety measures, serving as the backbone for the broader regulatory framework aimed at combating online harms.

Leadership and Administration

• A Chief Executive Officer (CEO), appointed by the Governor in Council upon the Minister’s recommendation, leads the Office. This role is pivotal in ensuring the Office’s strategic direction aligns with its mandate to support digital safety initiatives.
• The CEO is responsible for the day-to-day management of the Office, including the supervision of staff and the execution of its operational mandate. This leadership is crucial for maintaining the Office’s responsiveness and effectiveness in addressing digital safety challenges.

Operational Framework

• The Office is empowered to enter into contracts, agreements, and collaborations necessary for its operation, allowing it to leverage external expertise and resources to fulfill its mandate.
• Employees of the Office are appointed in line with the Public Service Employment Act, ensuring a professional and competent workforce dedicated to advancing the objectives of digital safety.

Impact and Significance

The establishment of the Digital Safety Office of Canada represents a strategic move to institutionalize the fight against online harms, providing a dedicated infrastructure to support the enforcement of the Online Harms Act. By centralizing expertise and resources, the Office plays a critical role in shaping and implementing policies that promote a safer online environment for Canadians. Its collaborative approach, working closely with the Digital Safety Commission and the Ombudsperson, ensures a comprehensive and unified strategy towards reducing online risks and protecting citizens in the digital realm. This initiative marks a significant advancement in Canada’s commitment to enhancing digital safety, showcasing a robust and structured approach to tackling the complex challenges of online harms.

Part 4: Duties of the Operators of Regulated Services

Introduction and Purpose

Part 4 of Bill C-63 elaborates on the responsibilities and obligations placed on the operators of regulated services, marking a critical step in Canada’s approach to enhancing online safety. This section outlines the comprehensive duties that these operators must adhere to, aiming to mitigate the risks associated with harmful content and promote a safer digital environment for users. Through these measures, the legislation seeks to hold service providers accountable and ensure they play an active role in protecting users from online harms.

Core Obligations

• Operators of regulated services are mandated to act responsibly by implementing measures that significantly reduce the exposure of users to harmful content. This includes developing and enforcing standards of conduct and content moderation policies that align with the objectives of the Online Harms Act.
• The legislation specifies the need for operators to make their user guidelines publicly available, ensuring transparency and clarity regarding the standards of conduct expected on their platforms. These guidelines must be accessible and user-friendly, detailing the measures in place to handle harmful content.

Enhanced User Protection Measures

• Operators are required to provide tools that enable users to block other users, preventing unwanted interactions and enhancing personal safety on the platform.
• Additionally, there must be efficient mechanisms for users to flag harmful content, ensuring that operators can quickly address and mitigate such issues. The legislation outlines the process for notifying users who have flagged content about the actions taken, reinforcing the importance of communication and transparency in content moderation.

Regulatory Compliance and Accountability

• The duties outlined in Part 4 emphasize the need for operators to comply with specific measures and guidelines established by the Digital Safety Commission of Canada. This includes adhering to any additional requirements set forth in regulations to combat online harms effectively.
• The legislation also highlights the importance of designing and implementing these measures in a non-discriminatory manner, respecting the principles of equality and freedom of expression while addressing online safety concerns.

Impact and Significance

Part 4 of Bill C-63 places significant emphasis on the role of operators in safeguarding the online space, establishing a clear framework for their contribution to digital safety. By detailing the duties of operators of regulated services, the legislation ensures a proactive and collaborative effort to reduce online harms. This section of the bill underscores the balance between protecting users from harmful content and upholding the values of free expression and privacy. Through these measures, Canada advances a comprehensive and accountable approach to online safety, setting a precedent for responsible digital citizenship and service provision in the digital age.

Part 5: Access to Inventories and Electronic Data

Introduction and Objective

Part 5 of Bill C-63, presumed to be titled “Access to Inventories and Electronic Data,” likely focuses on establishing legal frameworks and operational guidelines for how operators of regulated services manage and grant access to digital inventories and electronic data. This part aims to ensure that data handling practices are transparent, secure, and in compliance with privacy standards, while also facilitating necessary access for regulatory oversight and law enforcement purposes.

Key Provisions

• Data Inventory Management: Operators might be required to maintain detailed inventories of the electronic data they collect, process, and store. This includes classifying data based on sensitivity, purpose of collection, and access levels.
• Regulatory Access: Provisions under this part likely outline conditions under which regulatory bodies, such as the Digital Safety Commission of Canada, can access these inventories for oversight, compliance checks, and monitoring purposes. The aim is to ensure that operators are adhering to online safety standards without infringing on user privacy.
• Law Enforcement Access: This section could detail the protocols for law enforcement access to electronic data in the course of criminal investigations or for the prevention of online harms. It includes safeguards to balance the necessity of access with the protection of individual rights and privacy.
• User Data Rights: Emphasis on users’ rights regarding their data might be included, such as the right to know what data is collected, how it is used, and under what circumstances it can be accessed by others. This aligns with broader principles of transparency and consent.
• Security and Privacy Measures: Requirements for operators to implement robust security measures to protect data inventories from unauthorized access, breaches, and other cyber threats. This includes guidelines on data encryption, access controls, and regular audits.

Impact and Significance

Part 5 would represent a critical component of Bill C-63, addressing the growing concerns over data privacy and security in the digital age. By establishing clear guidelines and obligations for the management and access of electronic data, the legislation aims to protect individuals’ privacy while ensuring that regulatory and law enforcement agencies have the tools they need to maintain online safety. This part underscores the importance of balancing privacy rights with the need for oversight in the digital realm, reflecting a comprehensive approach to modern challenges in data management and access.

The requested summary from pages 78 to 85 of the document does not specifically address “Part 6: Remedies” in the context of the Online Harms Act as initially expected. Instead, these pages continue to detail amendments to the Criminal Code, focusing on procedural changes, adjustments to forms and schedules within the Code, and modifications related to specific criminal and procedural aspects. Here is an overview based on the content provided:

• Amendments to Forms and Schedules: Various forms within Part XXVIII of the Criminal Code are amended to update references and conditions related to recognizances under sections concerning fear of injury, terrorism, hate propaganda, and serious personal injury offences. These amendments ensure that legal documentation aligns with current legislative requirements and practices.
• Conditions for Recognizances: Modifications specify conditions under which individuals subject to recognizances must operate, including abstaining from drug and alcohol consumption except as permitted by medical prescription and adhering to good behavior and peacekeeping obligations.
• Electronic Monitoring and Residence Requirements: Adjustments include stipulations for wearing electronic monitoring devices upon request and conditions for individuals to return to and remain at their residences during specified times, aimed at monitoring and restricting the movement of individuals under certain legal orders.
• Amendments Related to Youth Criminal Justice: Changes extend to the Youth Criminal Justice Act, specifying the youth justice court’s exclusive jurisdiction to make orders against young persons under various recognizance sections of the Criminal Code. These provisions allow for a range of responses, including custody and supervision orders, emphasizing rehabilitation and oversight of young offenders.
• Coordination with Other Legislation: The document notes coordinating amendments with other acts and bills, indicating how changes within Bill C-63 interact with broader legislative reforms. This includes considerations for the handling, analysis, and destruction of bodily substance samples collected under recognizances, with specific guidelines to ensure privacy and legal compliance.
• Prohibitions and Restrictions: There are detailed prohibitions on the use and disclosure of bodily substance analysis results, with exceptions allowing disclosure to the defendant or for use in legal proceedings and research, underlining the balance between investigative needs and individual rights.

This summary highlights legislative adjustments aimed at refining legal procedures, enhancing monitoring and compliance mechanisms, and ensuring that the Criminal Code remains responsive to evolving legal and social contexts. The detailed focus on procedural amendments and specific legal mechanisms reflects a comprehensive approach to updating and strengthening the framework governing recognizances, electronic monitoring, and the treatment of youth offenders within Canada’s criminal justice system.

Part 7: Administration and Enforcement within Bill C-63: Online Harms Act

Introduction

Part 7 of Bill C-63, pertaining to the “Administration and Enforcement” of the Online Harms Act, establishes the framework for implementing, monitoring, and ensuring compliance with the Act’s provisions. This segment is crucial for understanding how the legislation’s objectives will be actualized and maintained across digital platforms and services.

Overview of Amendments and Procedural Adjustments

This section delves into significant amendments to the Canadian Human Rights Act, focusing on the integration of provisions to combat hate speech and discriminatory practices online. These amendments are vital for aligning the Canadian Human Rights Act with the objectives of the Online Harms Act, ensuring a cohesive legal approach to online safety and dignity.

Key Aspects

• Defining Hate Speech: The legislation introduces a clear definition of hate speech, specifying it as a discriminatory practice. This definition is foundational for the administration and enforcement of the Act, setting the legal parameters for what constitutes actionable online harm.
• Exemptions and Clarifications: Part 7 outlines exemptions to hate speech provisions, distinguishing between various entities like telecommunications service providers and social media operators. These exemptions are balanced with clarifications to prevent misuse and ensure that only relevant communications are subject to regulation.
• Procedural Enhancements: Amendments aim to streamline the process for handling complaints related to hate speech and other forms of online discrimination. This includes adjustments to tribunal orders and measures to protect the identities of individuals involved in complaints, emphasizing the importance of privacy and security in enforcement procedures.

Administration Mechanisms

The establishment of processes for reporting, investigating, and addressing violations under the Act is a cornerstone of Part 7. These mechanisms ensure that entities subject to the Act are held accountable and that victims of online harms have a clear recourse for redress.

Enforcement and Compliance

• Monitoring and Compliance: The section underscores the role of designated authorities in monitoring compliance and enforcing the Act’s provisions. This includes the power to impose penalties for non-compliance, ensuring that the Act’s objectives are effectively pursued.
• Penalties and Remedies: While the detailed penalties and remedies for non-compliance with the Online Harms Act are not covered in the provided summary, the framework suggests a structured approach to enforcement, potentially including monetary fines and other legal consequences for violations.

Conclusion

Part 7 of Bill C-63 outlines a comprehensive approach to the administration and enforcement of the Online Harms Act. By detailing amendments to the Canadian Human Rights Act, clarifying the definition of hate speech, and establishing procedural adjustments, this section of the bill lays the groundwork for a safer and more accountable online environment. The focus on administration mechanisms, combined with the anticipation of enforcement strategies, highlights the Canadian government’s commitment to combating online harms through a structured and enforceable legal framework.

This summary covers the content from pages 86 to 99 out of 104, focusing on the amendments and procedural adjustments related to the administration and enforcement of the Online Harms Act. Further details on specific penalties and enforcement measures would require analysis of the remaining pages or additional legislative documents.67669078

Part 8: Protections, Reports, and Information Sharing

This part likely outlines the protections afforded to individuals and entities under the Act, including safeguards against self-incrimination and provisions to maintain the confidentiality of sensitive information. It may also detail the obligations of various parties to report on compliance with the Act and share information with regulatory bodies, ensuring that the enforcement of the Act is informed and effective.

• Protections: Provisions to protect the rights of individuals, possibly including immunity from certain prosecutions for entities acting in good faith compliance with the Act.
• Reports: Requirements for annual or periodic reporting by the Digital Safety Commission, the Digital Safety Ombudsperson, and possibly regulated entities on their efforts to address online harms, compliance with the Act, and other relevant activities.
• Information Sharing: Guidelines and conditions under which information related to online harms and compliance can be shared among different governmental and regulatory bodies, ensuring coordinated efforts to address online safety.

Part 9: General Provisions and Cost Recovery

This section likely contains miscellaneous provisions that support the administration and enforcement of the Act, including the legal authority for the recovery of costs associated with the enforcement and administration of the Act by regulated entities.

• General Provisions: Additional legal and administrative details necessary for the Act’s implementation, including definitions, the scope of authority, and other foundational elements.
• Cost Recovery: Mechanisms for the government to recover costs from regulated entities, ensuring that the regulatory activities related to the Act are funded in part by those it regulates.

Part 10: Coming into Force

This final part typically specifies the conditions under which the Act or portions of it will come into effect, which might include phased or staged implementation based on certain criteria or at the discretion of the government through orders in council.

• Implementation: Details on how and when the Act will be implemented, possibly including specific dates or conditions that trigger the coming into force of different sections of the Act.

he amendments to the Criminal Code of Canada as outlined in Bill C-63, known as the Online Harms Act, represent a significant development in the legal framework addressing online safety and digital conduct in Canada. These amendments are designed to enhance protections against online harms, particularly focusing on hate speech, the exploitation of children, and other forms of illegal content. Here’s a review of the implications of these amendments:

1. Enhanced Protections Against Hate Speech

• Definition and Offences: The amendments likely include a more precise definition of hate speech, making it easier to identify and prosecute such offences. By clearly delineating what constitutes hate speech, the amendments aim to target content that incites hatred against individuals or groups based on prohibited grounds of discrimination.
• Implications: This could lead to increased scrutiny of online platforms and individuals’ online activities, requiring more diligent moderation of content to avoid legal penalties.

2. Combatting the Exploitation of Children

• Mandatory Reporting: Amendments might strengthen the mandatory reporting requirements for internet service providers (ISPs) regarding child pornography, ensuring quicker and more comprehensive reporting to law enforcement agencies.
• Implications: ISPs and social media platforms will need to enhance their monitoring and reporting mechanisms, potentially through the use of more advanced technologies, to comply with these stricter requirements.

3. Addressing Extremist Content

• New Offences: The Act may introduce new offences related to the dissemination of extremist content that incites or supports terrorist activities. This includes content that promotes violence for political, ideological, or religious reasons.
• Implications: There could be increased legal and operational challenges for online platforms in distinguishing between protected speech and content that crosses the line into illegal extremist advocacy.

4. Legal and Operational Challenges

• Compliance Costs: The amendments could impose significant compliance costs on digital platforms, necessitating investments in content moderation infrastructure, staff training, and legal expertise to navigate the new regulations.
• Freedom of Expression Concerns: Balancing the Act’s objectives with the protection of free speech will be a critical challenge. There is a risk that overly broad interpretations of the law could lead to unintended censorship or chilling effects on lawful expression.

5. International Implications

• Cross-Border Enforcement: Given the global nature of the internet, the amendments may face challenges in enforcement against entities and individuals outside Canada, requiring international cooperation and potentially raising jurisdictional issues.
• Setting a Precedent: Canada’s approach could influence other countries’ policies on online harms, potentially leading to more harmonized international standards or, conversely, to fragmentation if different jurisdictions adopt divergent approaches.

Conclusion

The amendments to the Criminal Code within Bill C-63 reflect Canada’s commitment to creating a safer online environment and addressing the complex challenges of digital governance. While these changes are poised to provide stronger protections against online harms, they also introduce significant responsibilities and challenges for online platforms, requiring careful implementation to balance safety, compliance, and freedom of expression. As these amendments are put into practice, ongoing dialogue between the government, digital platforms, civil society, and legal experts will be essential to refine and adjust the approach in light of emerging challenges and technological developments.

The amendments to the Canadian Human Rights Act within Bill C-63, as part of the broader initiative to combat online harms, signify a pivotal shift in Canada’s legal landscape regarding digital conduct, hate speech, and privacy concerns. These amendments aim to enhance protections against discrimination and hate speech online, extending the Act’s applicability to the digital environment. Here’s an analysis of the implications for the Canadian Human Rights Act and personal privacy:

1. Extended Protections Against Online Hate Speech

• Broadened Scope: The amendments likely broaden the Canadian Human Rights Act’s scope to explicitly address hate speech and discrimination occurring on digital platforms, recognizing the internet as a critical public space where Canadian values of inclusivity and diversity must be upheld.
• Implications: This extension necessitates that digital platforms implement robust content moderation policies and practices to identify and mitigate hate speech, aligning their operations with the Act’s expanded provisions.

2. Enhanced Mechanisms for Redress

• Complaints and Resolution Process: The amendments may streamline the process for individuals to lodge complaints regarding online hate speech and discrimination, ensuring accessible and effective mechanisms for redress.
• Implications: Increased complaints may result, requiring the Canadian Human Rights Commission to enhance its capacities to assess and address online-related cases efficiently. This may also lead to more proactive measures by platforms to address potentially harmful content before it escalates into legal complaints.

3. Balancing Hate Speech with Free Expression

• Legal Nuances: The challenge of distinguishing between hate speech and protected free expression becomes more pronounced with these amendments. The need to carefully navigate these legal nuances to avoid infringing on legitimate free speech while combating hate speech is paramount.
• Implications: There could be debates and legal challenges regarding the interpretation of what constitutes hate speech versus free expression, requiring judicious adjudication to balance these competing rights.

4. Impact on Personal Privacy

• Data Collection and Monitoring: In the effort to identify and mitigate hate speech, digital platforms might need to enhance their monitoring and data collection practices. This raises concerns about the potential for overreach and the impact on users’ privacy.
• Implications: There will be a critical need for clear guidelines and limitations on how data can be collected, used, and shared to ensure compliance with privacy laws and principles. Platforms will need to maintain transparency with users about data practices and provide robust data protection measures.

5. Precedent for Future Legislation

• Legal Framework for Digital Spaces: The amendments to the Canadian Human Rights Act set a precedent for how legal frameworks might evolve to address the realities of digital spaces, potentially influencing future legislation related to online conduct and digital rights.
• Implications: As legal standards for online behavior and content moderation become more defined, digital platforms will likely need to continuously adapt their policies and practices to align with evolving legal requirements and societal expectations.

Conclusion

The amendments to the Canadian Human Rights Act within Bill C-63 represent a significant step towards addressing online hate speech and discrimination within Canada’s digital spaces. By extending protections and establishing clear mechanisms for redress, these changes aim to foster a safer and more inclusive online environment. However, balancing these objectives with the imperatives of free expression and personal privacy will require careful implementation, ongoing legal clarification, and a commitment to dialogue among stakeholders to navigate the complexities of digital rights and responsibilities effectively.

Bill C-63 introduces significant amendments, focusing on establishing financial penalties and outlining potential imprisonment terms for violations under the newly proposed frameworks. Here’s a detailed review of these aspects as indicated in the document:

Financial Penalties

1. General Violations: Entities that are not individuals can face a maximum fine of $10 million or, if greater, an amount equal to three percent of their gross global revenues. For individuals, fines are determined by the court. On summary conviction, fines for entities can reach up to two percent of the gross global revenue or $5 million (whichever is greater), and up to $50,000 for individuals​​​​.
2. Maximum Penalty for Violation: The maximum penalty for a violation is the greater of six percent of the gross global revenue of the person believed to have committed the violation or $10 million. The determination of the penalty considers various factors, including the nature and scope of the violation, the violator’s compliance history, and their ability to pay​​.
3. Specific Offences and Penalties: Specific offences include failing to comply with Commission orders, contravening requirements imposed by inspectors or the Commission, and obstructing the functions of these authorities. For these offences, penalties for entities other than individuals can be as severe as 3% of the person’s gross global revenue or $10 million, whichever is greater​​​​​​.

Potential Imprisonment

1. Life Imprisonment: The Act does indeed mention the potential for life imprisonment for severe violations, acknowledging the gravity of certain offences addressed within the legislation. This level of sentencing underscores the seriousness with which the Act approaches particularly egregious acts of harm or abuse facilitated or conducted online.
2. Application of Sentencing: Life imprisonment sentences would be applicable in cases where the violation involves extreme harm to individuals, such as cases related to terrorism, severe cases of exploitation, or other criminal activities deemed sufficiently serious to warrant the maximum penalty available under Canadian law.

Instances of Application

• Non-compliance and Obstruction: Financial penalties are levied for non-compliance with Commission orders and requirements, as well as for obstructing the Commission or its authorized representatives in the performance of their duties. These measures are intended to ensure adherence to the Act’s provisions and facilitate its enforcement​​​​.
• Misleading Statements: Making false or misleading statements to regulatory authorities constitutes an offence, emphasizing the importance of accuracy and honesty in communications with the Commission and its representatives​​​​.

The inclusion of life imprisonment as a potential penalty in Bill C-63 for certain violations reflects the Act’s comprehensive approach to combating online harms. It illustrates the Canadian government’s commitment to addressing the most severe forms of harm and criminal activity online, ensuring that the legal framework is equipped to deal with the full spectrum of offences covered under the Act. This approach combines significant financial penalties with the possibility of strict imprisonment sentences to deter harmful online behaviors and protect individuals from online abuse and exploitation.