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On February 26, the Government of Canada published the text of its latest rules for the internet.
The Online Harms Act, introduced formally as Bill C-63, will result in the most significant expansion of Canada’s hate speech laws and create one of North America’s most rigid regulatory environments for media and social media companies.
The bill follows on the heels of the Online Streaming Act (Bill C-11), which became law on April 27, 2023, and introduced Canadian content requirements for commercial streaming services and social media platforms to be implemented by the CRTC.
Together, the two pieces of legislation will overhaul how companies that do business online are regulated in Canada.
The Online Harms Act is currently at second reading in the House of Commons. If the bill comes into force in its current form:
Bill C-63 is subject to further review by Parliament.
In light of the attention the government has drawn to this legislation, however, we expect the bill to become law in the near term.
Like the Online Streaming Act, the Online Harms Act will very likely leave it to the new regulatory entities that it creates to adopt regulations and policies that will set out in greater detail how the new laws will be applied, the information demands that the new regulators will be able to make of companies operating online, procedures for audits and regulatory proceedings to enforce the new laws, and the consultation framework for the new procedures.
Companies should be prepared to engage in the legislative and consultation processes to ensure that regulators and policymakers are aware of the potential impacts of the new rules on businesses.
The author would like to thank Katie Cheung, articling student, for her contribution to preparing this legal update.
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