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Canadian NCDII Statutes

Several Canadian provinces have implemented specific legislative aimed at improving and expediting the process by which targets of NCDII may seek legal recourse. Below, we have identified and summarized each of these provincial statutes, which currently exist in the following provinces:

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  • British Columbia

  • Alberta

  • Manitoba

  • Saskatchewan

  • Nova Scotia

  • Newfoundland and Labrador

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Disclaimer: This information is general in nature and does not constitute legal advice. We strongly recommend consulting with a lawyer to get legal advice about your specific situation.

British Columbia

Intimate Images Protection Act (IIPA)

 

  • The IIPA was passed in March 2023. The IIPA gives a decision-making body known as the Civil Resolution Tribunal (CRT) jurisdiction to resolve claims about non-consensual sharing of intimate images. These claims will relate to the sharing or online distribution of nude, near-nude, or sexual pictures or videos without the consent of those in the images.

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  • Once the IIPA is in force, the CRT will be able to:

    • Determine that intimate images were recorded or distributed without consent

    • Order people or websites to stop distributing or threatening to distribute intimate images

    • Order administrative penalties against someone who doesn’t comply with an order

    • Order monetary damages for harms suffered

 

  • The IIPA will be brought into force by regulation, at a date still to be determined.

 

  • To read the full Act, click here.

Alberta

Protecting Victims of Non-Consensual Distribution of Intimate Images Act

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  • The Act prohibits anyone from sharing an intimate image of another person without their consent.

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  • Civil options where the court may:

    • award damages to you;

    • order the defendant to account to you any profits they received as a result of the non-consensual distribution of your intimate image;

    • issue an injunction based on what the court determines is appropriate;

    • make any other order that the court determines is just and reasonable

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  • Important things to know:

    • You do not need proof of damage to start an action under this Act.

    • If the person distributing your image is a child, his/her parent cannot be held liable for any damages awarded to you unless the court is satisfied that the parent was a direct participant in the non-consensual distribution of your intimate image.

    • The court may make an order prohibiting the publication of the name of any person tied to the action (including you) or any information that might identify a person if the court considers it to be in the best interest to do so.

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  • To read the full Act, click here.

Manitoba

The Intimate Image Protection Act

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  • The Manitoba IIPA came into force January 2016

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  • Introduced in order to address the non-consensual sharing of intimate images

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  • Creates a private right of action with respect to intimate images (defined as those over which an individual would have a reasonable expectation of privacy, both at the time the image was recorded and at the time of distribution (possible defences to such a claim are limited)

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  • Section 14 of the Act empowers the Court to award damages to the plaintiff, to issue an injunction on publication of the image, to prohibit publication of the name of the person depicted in the image, or to make any other order that is just and reasonable in the circumstances.

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  • What you can do:

    • Get assistance to have your intimate images removed from specific sites if they were posted online;

    • Some other options that may be available: Tort option, applying for a recognizance (peace bond), and obtaining a Warrant of Seizure.

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  • To read the full Act, click here.

Saskatchewan

The Privacy Act — Privacy of Intimate Images

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  • This Act builds on existing privacy legislation to provide victims of the non-consensual sharing of intimate images with the power to reclaim their images and have them removed from the internet.

 

  • What you can do:

    • Civil options (Tort) where the court may:

    • award damages to you;

    • if the person has profited from distributing your intimate image without your consent, he/she can be made to account to you for any profits and the court may make an order in your favour with respect to recovering those profits from the person;

    • issue an injunction based on what the court determines is appropriate;

    • make any other order that the court determines is just and reasonable

 

  • Important things to know:

    • You do not need proof of damage to start an action under this Act.

    • Reverse onus — where an action is commenced, the court will as a starting point, presume that the image was distributed without consent, it is up to the defendant to establish that he/she had reasonable grounds to believe that he/she had ongoing consent for distribution of the intimate image.

 

  • To read the full Act, click here.

Nova Scotia

Intimate Images and Cyber-protection Act

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  • The goal of this Act is to discourage people from bullying others online or through email or text messages, or sharing their intimate images without their consent. The Act also gives victims a way to respond if these things happen.

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  • What you can do:

    • Civil options where the court may:

    • make an order prohibiting the person from distributing the intimate image;

    • make an order prohibiting the person from contacting you or another person in the future;

    • make an order requiring the person to take down or disable access to the intimate image;

    • make an order referring the matter to dispute-resolution services;

    • make an order requiring the person to provide you with any information in their possession that may help you identify a person who may have used various forms of electronic communication to distribute an intimate image without consent;

    • award damages to you;

    • make an order for the person to account for any profits he/she received;

    • make any other order that the court determines is just and reasonable

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  • Important things to know:

    • If you are under the age of 19, your parent or guardian may apply to the court instead of you.

    • If a person involved is under the age of 19, their name or any information that might identify who they are will not be published or broadcasted, even after they reach the age of majority, and they will instead be identified by a pseudonym.

    • If the applicant is an adult and makes the request to the court, their name or any information that might identify who they are will not be published or broadcasted and they will instead be identified by a pseudonym.

    • In your application, you have to identify the person who is distributing your intimate image by name. If you do not know their name, you can identify the Internet Protocol address (IP address), website, username or account, email address or other unique identifier used for distributing your intimate image.

    • A person who violates an order made by the court under this Act — other than an order for payment of damages or an order for accounting of profits — is guilty of an offence and is liable to a fine up to $5000 and/or imprisonment up to 6 months.

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  • To read the full Act, click here.

Newfoundland & Labrador

Intimate Images Protection Act

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  • The Act provides a legal option for those who have had private and sensitive intimate images shared without their consent, establishing a means for individuals to pursue such matters in civil court. Under the Act, a lawsuit may result in an order for the payment of damages, the payment of any profits made from the distribution, removal of the intimate image from the internet and other orders the court considers appropriate to stop further victimization.

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  • What you can do:

    • Civil options where the court may:

    • award damages to you;

    • if the person has profited from distributing your intimate image without your consent, he/she can be made to account to you for any profits and the court may make an order in your favour with respect to recovering those profits from the person;

    • issue an injunction based on what the court determines is appropriate;

    • make any other order that the court determines is just and reasonable

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  • Important things to know:

    • You do not need proof of damage to start an action under this Act.

    • Reverse onus — where an action is commenced, the court will as a starting point, presume that the image was distributed without consent, it is up to the defendant to establish that he/she had reasonable grounds to believe that he/she had ongoing consent for distribution of the intimate image.

    • The court may make an order prohibiting the publication of the name of any person tied to the action (including you) or any information that might identify a person if the court considers it to be in the best interest to do so. Until the court decides whether to issue such an order, no person shall publish or make public the names of the persons tied to the action or any information that might identify those people. If a person involved in the action is under the age of 19, their name or any information that might identify them will not be published or made public, even after that person reaches the age of majority (19).

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  • To read the full Act, click here.

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