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Age Checks for Porn Sites Nationwide

Full Title: An Act to restrict young persons’ online access to sexually explicit material

Summary#

This bill would require commercial porn websites and similar services to keep minors under 18 from accessing sexually explicit material online. It creates fines for organizations that allow access by minors and sets up a process for a federal authority to seek court orders that require Internet service providers to block access in Canada if a site fails to comply (Bill s.5, s.8–s.9). The government would set privacy‑focused rules for acceptable age‑verification methods (Bill s.11). It takes effect 1 year after royal assent (Coming into Force).

  • Makes it an offence for organizations to make sexually explicit material available online to minors; fines up to $250,000 for a first offence and $500,000 for later offences (Bill s.5).
  • No defence based on believing a user is 18+ unless the site uses a prescribed age‑verification method (Bill s.6(1)).
  • Enforcement authority can issue a notice; if ignored for 20 days, it may ask the Federal Court to order ISPs to block access in Canada (Bill s.8–s.9).
  • Court orders may result in blocking other material from the same site or blocking adult access, if needed to keep minors out (Bill s.9(5)).
  • Regulations must consider reliability, privacy, limited data use, and timely destruction of any personal data used for age checks (Bill s.11(2)).
  • Annual report to Parliament must list notices, court applications, and outcomes (Bill s.10).

What it means for you#

  • Households

    • Access to commercial porn sites from Canada may require age verification once regulations are in place. The form of verification will be set by regulation, with privacy safeguards (Bill s.6(1), s.11(2)). Effective 1 year after royal assent.
    • Some sites may become inaccessible from Canada if a court orders ISPs to block access to keep minors out. Adults could also be blocked as a result of such orders (Bill s.9(4)–s.9(5)). Timing depends on enforcement actions.
  • Young people (under 18)

    • You would be blocked from accessing sexually explicit material on commercial sites. Sites that do not block access could face fines or be subject to ISP blocking orders (Bill s.5, s.9).
  • Adults

    • You may need to complete an age‑verification step to access commercial sexually explicit material. The verification method should be designed to protect your privacy and delete data after checking age (Bill s.11(2)).
    • If a court orders ISP blocking, you could temporarily or permanently lose access to some sites or content from Canada, even if you are 18+, when necessary to prevent access by minors (Bill s.9(5)).
  • Businesses (websites/apps making sexually explicit material available for commercial purposes)

    • To avoid liability, you will likely need to implement a prescribed age‑verification method once regulations are issued (Bill s.6(1), s.11(1)).
    • Non‑compliance risks: fines up to $250,000 (first offence) and $500,000 (later offences), a 20‑day compliance window after a notice, and potential ISP blocking by court order if you do not comply (Bill s.5, s.8–s.9).
    • Defence for legitimate science, medicine, education, or arts purposes remains available (Bill s.6(2)).
  • Internet service providers (ISPs, including access, hosting, or email providers)

    • You can be named in Federal Court applications and may be ordered to prevent access in Canada to the identified material or site if conditions are met (Bill s.9(2)–s.9(4)).
    • Orders can be heard “in a summary way,” which may shorten timelines for implementation (Bill s.9(3)).
  • Governments and regulators

    • A federal minister will be designated to administer the Act, and an enforcement authority within government will be named to issue notices and take cases to court (Bill s.3, s.7–s.9).
    • The Governor in Council must set regulations prescribing acceptable age‑verification methods that meet privacy and reliability criteria (Bill s.11(1)–s.11(2)).
    • The Minister must table an annual report listing enforcement actions and outcomes (Bill s.10).

Expenses#

Estimated net cost: Data unavailable.

  • No direct appropriation or new funding is authorized in the bill (Bill text).
  • Potential federal revenue: fines up to $250,000 per first offence and $500,000 per subsequent offence. Actual revenues depend on enforcement outcomes. Data unavailable (Bill s.5).
  • Administrative costs to designate an enforcement authority, develop regulations, issue notices, litigate applications, and prepare annual reports. Data unavailable (Bill s.7–s.11).
  • Court workload and ISP compliance costs to implement blocking orders. Data unavailable (Bill s.9).

Proponents' View#

  • Reduces minors’ exposure to pornography, which Parliament identifies as linked to harms such as addiction, stereotypes, and attitudes that support harassment and violence (Preamble).
  • Uses existing technology for age verification that can verify age without breaching privacy, with regulations requiring limited data use and destruction after verification (Preamble; Bill s.11(2)).
  • Creates meaningful consequences for non‑compliance: significant fines and the ability to seek ISP blocking through the Federal Court after a 20‑day notice period (Bill s.5, s.8–s.9).
  • Focuses on commercial providers, where most online pornography is accessed, rather than targeting individual users (Preamble; Bill s.5).
  • Adds transparency through an annual report on notices, court applications, and outcomes (Bill s.10).

Opponents' View#

  • Risk of over‑blocking: court orders may block entire sites or content for adults, or block non‑pornographic material from the same site, if deemed necessary to prevent youth access (Bill s.9(5)).
  • Privacy and data‑security concerns: even with safeguards, age verification implies collecting some personal information, creating risk if data are mishandled or breached (Bill s.11(2)(c)–(d)).
  • Compliance burden and uncertainty: acceptable verification methods are left to future regulations, making costs and technical requirements uncertain for businesses and ISPs (Bill s.6(1), s.11(1)–s.11(2)).
  • Implementation and enforcement challenges: short timelines (20 days after notice) and summary court proceedings may strain smaller organizations and ISPs and increase the chance of disputes or errors (Bill s.8(2)(d), s.9(3)).
  • Jurisdictional limits: many targeted sites are outside Canada, so enforcement may rely heavily on ISP blocking rather than direct compliance by foreign providers (Bill s.9).
Social Issues
Technology and Innovation
Criminal Justice

Votes

Vote 89156

Division 609 · Agreed To · December 13, 2023

For (59%)
Against (41%)
Paired (1%)