Summary#

This bill changes the Criminal Code to require proof of age and written consent before making, distributing, or advertising pornographic material for money. It creates new crimes and penalties for people and companies that do not verify performers are 18+ and have consented. Courts can also order convicted offenders to remove content and limit their Internet use.

• Requires written consent from every person shown, and proof each was 18+ at the time of filming (Bill s. 172.11(1)–(3)).
• Makes it a crime to make, distribute, or advertise porn for commercial purposes without that proof (s. 172.11(2)–(3)).
• Sets maximum penalties of CAD $500,000 in fines and up to 2 years in jail for indictable offences; up to CAD $100,000 for summary offences (s. 172.11(4)).
• Presumes corporations act for commercial purposes unless they show reasonable grounds otherwise (s. 172.11(5)).
• Limits the “I thought they were 18” defence unless the maker checked government photo ID and reasonably believed it was authentic (s. 172.11(6)).
• Allows courts to order removal of material and restrict Internet use after conviction (s. 172.12(1)).

What it means for you#

• Households (viewers)

  • No age checks for viewers. The bill regulates makers, distributors, and advertisers, not viewers (s. 172.11(2)–(3)).
  • Some content may be removed or become unavailable if companies cannot meet the new proof rules (s. 172.12(1)(b)–(c)).

• Performers and models

  • Must give written consent for your image to appear in a porn video or photo (s. 172.11(1)).
  • You may withdraw consent in writing later; distributors must confirm consent has not been withdrawn before distributing or advertising (s. 172.11(3)). The bill does not set a process or timeline for withdrawals (s. 172.13).

• Makers/producers (including independent creators)

  • Must verify and document that each person is 18+ by checking government-issued photo ID or other prescribed documents and keep records as required by regulation (s. 172.11(6); s. 172.13).
  • Must obtain written consent from each person shown before making the material (s. 172.11(2)).
  • Face fines up to $500,000 and up to 2 years in jail (indictable) or up to $100,000 (summary) for non-compliance (s. 172.11(4)).
  • Aggravating factors at sentencing include if a person was under 18 or did not consent, or if the material is obscene or hate-promoting (s. 172.11(7)).

• Distributors and platforms (including websites) and advertisers

  • Must obtain written confirmation from the maker that every person shown was 18+ at the time of production, consented, and has not withdrawn consent (s. 172.11(3)).
  • Must keep records as regulations may require, for a set period to be defined (s. 172.13).
  • Corporate entities are presumed to act for commercial purposes (s. 172.11(5)).
  • Courts may order removal of offending material and set Internet-use limits for convicted offenders (s. 172.12(1)).

• Law enforcement and courts

  • Gain new offences to investigate and prosecute (s. 172.11(2)–(3)).
  • May impose takedown and Internet restriction orders on conviction, with penalties up to 2 years’ imprisonment for violating those orders (s. 172.12(1)–(4)).

• Timing

  • No specific coming-into-force clause; under the default rule, provisions take effect on Royal Assent. Regulations on acceptable documents and recordkeeping may follow (s. 172.13).

• Scope limits and defences

  • Applies to “commercial purposes.” Non-commercial creation or sharing is not covered by these new offences, though other laws still apply (s. 172.11(2)–(3)).
  • A limited “public good” defence exists (e.g., for acts that serve the public good and do not go beyond that), decided by courts (s. 172.11(8)–(9)).

Expenses#

• Estimated net cost: Data unavailable.

• Fiscal information

  • No appropriation or funding in the bill. Data unavailable.
  • Government enforcement and court costs: Data unavailable.
  • Potential fine revenue from convictions: Up to $500,000 per indictable offence; up to $100,000 per summary offence. Actual amounts and frequency: Data unavailable (s. 172.11(4)).

Proponents' View#

• Strengthens prevention of child sexual exploitation by requiring ID checks and written consent before production and distribution (s. 172.11(2)–(3), (6)).
• Closes gaps for large platforms by requiring written confirmation from makers and presuming corporate commercial purpose, making enforcement more practical (s. 172.11(3), (5)).
• Creates clear documentation trails and retention authority so investigators can verify age and consent (s. 172.13).
• Provides faster removal tools through court orders against convicted offenders, helping limit ongoing harm (s. 172.12(1)(b)–(c)).
• Increases penalties when minors or non-consensual acts are involved, aligning punishment with harm (s. 172.11(7)).
• Preserves space for legitimate public-interest content through the “public good” defence, subject to court oversight (s. 172.11(8)–(9)).

Opponents' View#

• Compliance burden and costs may be high for small creators and independent distributors, who must verify IDs, track consent status, and maintain records; the bill provides no funding (s. 172.11(2)–(3); s. 172.13).
• Privacy and data security risks increase if companies store large volumes of sensitive ID and consent documents; the bill requires records but sets no explicit security standards (s. 172.13).
• Tracking “withdrawn consent” across reshares and third-party uploads may be difficult, risking over-removal or legal exposure for distributors who miss updates (s. 172.11(3)).
• The presumption that corporations act for commercial purposes shifts the burden onto defendants and may capture platforms with mixed content that rely on ads (s. 172.11(5)).
• Possible chilling effect on lawful adult sexual expression if businesses over-comply or restrict content to avoid liability; “public good” defence is narrow and uncertain in scope (s. 172.11(8)–(9)).
• Overlap with existing Criminal Code offences on child pornography and non-consensual distribution could create complexity without added resources for enforcement. Data unavailable.