Summary#

This bill changes the term “child pornography” to “child sexual abuse and exploitation material” across the Criminal Code and several related federal laws. It keeps the same set of offences, tools for search and seizure, and publication bans, while updating language throughout. It also specifies that ongoing court cases remain valid and that the law takes effect one year after Royal Assent (Transitional Provision; Coming into Force).

• Updates terminology in Criminal Code s.163.1 and related provisions, including warrants, forfeiture, deletion orders, and publication bans (e.g., ss.164, 164.1, 486.4, 672.501).
• States penalties for making or distributing this material: indictable offence with up to 14 years in prison and a minimum 1-year sentence (s.163.1(2)-(3)).
• Keeps possession and accessing offences, with updated wording but no stated change to their penalty clauses (s.163.1(4), (4.1)).
• Clarifies that “accessing” includes knowingly causing the material to be viewed by oneself (s.163.1(4.2)).
• Ensures ongoing proceedings and documents that still say “child pornography” remain valid and are read as the new term (Transitional Provision).
• Applies the new wording across other Acts, including the Internet reporting law, Corrections and Conditional Release Act, Criminal Records Act, and National Defence Act (Consequential Amendments).

What it means for you#

• Households

  • No change in daily life for law-abiding people. The bill renames terms; it does not create new offences beyond those already in s.163.1 (Bill Summary; s.163.1).
  • If you are a victim or family member, courts and records will use the updated term. Publication bans that protect identities remain in place (ss.486.4(3), 672.501(2)).

• Survivors and witnesses

  • Judges must continue to ban publication of any information that could identify a witness under 18 or a person depicted in the material. The ban references the updated term (s.486.4(3); s.672.501(2)).

• Internet service providers and online platforms

  • The federal law on mandatory reporting changes its title and references to the new term. Your reporting duties continue; the wording is updated (Consequential Amendments, item (a)).

• Media and publishers

  • Publication bans tied to these offences remain. The prohibitions now reference the new term but work the same way (s.486.4(3)).

• Law enforcement and prosecutors

  • Warrants, seizure, deletion, and forfeiture powers continue, with updated terminology for material stored or made available through computer systems (ss.164, 164.1).
  • Charging language for making or distributing includes a maximum 14-year sentence and a minimum 1-year sentence (s.163.1(2)-(3)).
  • “Accessing” includes knowingly causing the material to be viewed by oneself (s.163.1(4.2)).
  • Transitional clause keeps current cases valid; references in existing documents are read as the new term (Transitional Provision).

• Courts

  • Forfeiture and deletion orders refer to the updated term but keep the same standards (“balance of probabilities”) and remedies (ss.164(3)-(5); 164.1(5), (7)).
  • The coming-into-force date is one year after Royal Assent, allowing time to update forms, practice directions, and IT systems (Coming into Force).

Expenses#

Estimated net cost: Data unavailable.

• No direct appropriations, new fines, or fees are stated in the bill text (Bill Summary; full text).
• The bill provides a 1-year implementation window after Royal Assent; any government administrative costs to update laws, systems, or training are not quantified in public documents (Coming into Force).
• Data unavailable.

Proponents' View#

• Uses clearer, harm-focused language that describes “sexual abuse and exploitation,” applied consistently across the Criminal Code and other Acts (Bill Summary; s.163.1(1); Consequential Amendments).
• Maintains existing investigative tools—warrants to seize or delete illegal material from computer systems—while aligning terminology for digital evidence (ss.164.1(1), (5), (7)).
• Keeps court protections for victims and witnesses under publication bans, with updated wording that reduces ambiguity across proceedings (ss.486.4(3); 672.501(2)).
• Ensures continuity: ongoing cases and documents remain valid, reducing disruption from the wording change (Transitional Provision).
• Specifies penalties for making and distribution offences—up to 14 years, with a minimum 1 year—signaling seriousness and consistency in sentencing language (s.163.1(2)-(3)).

Opponents' View#

• Limited practical change: the bill primarily renames terms and does not create new offences, alter elements of offences, or add reporting duties, so it may not change enforcement outcomes (s.163.1; Consequential Amendments).
• Administrative burden to update statutes, forms, training materials, and IT systems across justice and corrections, with no published cost estimates (Consequential Amendments; Data unavailable).
• Risk of short-term confusion during the transition between old and new terminology, despite the clause that preserves ongoing cases (Transitional Provision).
• Retains mandatory minimum sentences of 1 year for making and distribution offences, which some argue reduce judicial discretion in complex cases (s.163.1(2)-(3)).