Criminal framework

Criminal Code of Canada section 162.1 (publication, etc., of an intimate image without consent). The statute was enacted Protecting Canadians from Online Crime Act, in force 9 March 2015. Indictable offence: up to 5 years imprisonment. Summary conviction: up to 2 years less a day.

Civil and data protection framework

PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE) provides the parallel civil route. Office of the Privacy Commissioner of Canada (OPC) is the national supervisory authority and accepts complaints against any controller processing intimate imagery without lawful basis. The official site is https://www.priv.gc.ca.

Direct takedown authority

British Columbia's Intimate Images Protection Act 2023 provides administrative takedown orders through the Civil Resolution Tribunal with penalties up to CA$500 per day for non compliance.

Official victim support

NeedHelpNow.ca is the recognised support service. Available at https://needhelpnow.ca.

Five step removal process for Canada victims

  1. 1

    Preserve evidence before any contact with the perpetrator

    Capture full page screenshots with URLs visible. Save the original files. Note timestamps. This evidence supports both the Criminal Code s.162.1 complaint and any PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE) request.

  2. 2

    File a criminal complaint under Criminal Code s.162.1

    Report to local police or the national cybercrime unit. NeedHelpNow.ca can assist with the report.

  3. 3

    Submit an erasure request under PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE)

    Send a written request to each platform's designated data protection contact citing the legal basis. OPC can be petitioned if the platform fails to comply within 30 days.

  4. 4

    Send a US TAKE IT DOWN Act notice in parallel for covered platforms

    When the platform is subject to US jurisdiction, the 48 hour federal removal obligation applies in parallel with your domestic rights. ScanErase files these notices automatically.

  5. 5

    Track and escalate non compliant platforms

    Document every notice and every response. Use the regulator's takedown authority for non compliant platforms.

Frequently asked questions

What is the criminal NCII statute in Canada?

Criminal Code of Canada section 162.1 (publication, etc., of an intimate image without consent). Enacted Protecting Canadians from Online Crime Act, in force 9 March 2015. Indictable offence: up to 5 years imprisonment. Summary conviction: up to 2 years less a day.

Who enforces data protection rights in Canada?

Office of the Privacy Commissioner of Canada (OPC) is the national authority. Official site: https://www.priv.gc.ca.

Is there an official victim support service in Canada?

Yes. NeedHelpNow.ca provides direct help to victims. Site: https://needhelpnow.ca.

Does any regulator in Canada have direct takedown power?

British Columbia's Intimate Images Protection Act 2023 provides administrative takedown orders through the Civil Resolution Tribunal with penalties up to CA$500 per day for non compliance.

Can a Canada resident also use the US TAKE IT DOWN Act?

Yes when the hosting platform is subject to US jurisdiction. The TAKE IT DOWN Act applies to covered platforms regardless of where the victim resides. ScanErase's scan finds every US covered platform hosting your images, so you can file notices there in parallel with PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE) requests.

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