Protecting Young Persons from Exposure to Pornography Bill

Moved the adoption of the report.

He said: Honourable senators, I rise today in my capacity as Chair of the Standing Senate Committee on Legal and Constitutional Affairs to move the adoption of the fifth report on Bill S-209, An Act to restrict young persons’ online access to pornographic material, as amended by the committee.

At the outset, I would like to thank Senator Miville-Dechêne for her tireless and thoughtful work in bringing this important legislation before the Senate. Her work has consistently drawn attention to the realities faced by young people in an increasingly digital environment in which access to explicit material is both widespread and, in many cases, unregulated.

As Senator Miville-Dechêne noted at second reading, the online world has evolved rapidly, while protections available to young persons have not kept pace. This bill seeks to respond to that gap to ensure that what is restricted offline is meaningfully addressed online, while recognizing the complexity of doing so in a digital and global context.

Honourable senators, the committee undertook a thorough and careful study of Bill S-209. Over the course of 10 meetings, 2 of which were dedicated to clause-by-clause consideration, we heard from 31 witnesses and received 35 written briefs. In total, the committee spent 16 hours examining the bill.

The bill began examination on October 1, 2025, and concluded with clause-by-clause consideration on March 11, 2026. During that process, 11 amendments were proposed. Seven amendments were adopted, affecting six clauses in the act. One subamendment was proposed and not adopted. Amendments were proposed by Senator Miville-Dechêne, Senator Simons and Senator Saint-Germain, as well as one by me.

This reflects a robust and collaborative effort to carefully consider both the objectives of the bill and the practical implications of its provisions.

Honourable senators, at its core, Bill S-209 seeks to establish a framework to limit young persons’ access to pornographic material online, primarily through age-verification or age-estimation mechanisms, supported by enforcement tools and regulatory authority.

The committee heard broad agreement on one central point: Protecting young persons from harmful exposure online is an important and a legitimate objective.

At the same time, the testimony revealed a diversity of views on how best to achieve that objective.

Some witnesses emphasized the urgency of implementing effective safeguards, noting the potential harms associated with early and repeated exposure to explicit materials.

Others raised concerns about the effectiveness and feasibility of the proposed measures, particularly with respect to age verification technologies, their accuracy and their ability to operate effectively in a global digital environment.

We also heard important perspectives regarding privacy and Charter considerations. Several witnesses cautioned that certain approaches could raise concerns related to freedom of expression and privacy, particularly if they were overly broad or insufficiently targeted.

Technical experts further noted that access control measures, including blocking and filtering, have limitations, including the potential for circumvention and the risk of unintended impacts on lawful content. At the same time, many witnesses emphasized that education, digital literacy, parental support and mental health resources are critical components of any legislative approach.

In short, the evidence before the committee reflected both a shared concern for the protection of young persons and a recognition that this is a complex issue, requiring a balanced and carefully calibrated response.

The written briefs submitted to the committee reinforced many of those themes. They reflected a wide range of perspectives from legal scholars, advocacy organizations, industry representatives and experts in privacy, health and technology.

Many briefs supported the objective of the bill, while also recommending refinements to ensure that its scope is clear, its mechanisms are workable and its impacts are proportionate. Others emphasized the importance of ensuring that the regulatory approach is accompanied by broader supports, including education and prevention, and that privacy protections are robust and meaningful. Taken together, the testimony and briefs provided the committee with a strong evidentiary foundation to form its consideration of these amendments.

Honourable senators, I would now like to place on the record the summary of the amendments adopted by the committee. First of all, clause 2, the definition of pornographic material. The definition of pornographic material in clause 2 of the bill was amended by the committee. The amended definition is narrower than the original, in that it does not include depictions of female breasts and requires the depiction of explicit sexual activity. In addition, under the amended definition, pornographic material must be intended to cause sexual excitement rather than being for a sexual purpose.

Originally, clause 13 sent out a coordinating amendment with Bill C-291, An Act to amend the Criminal Code and make consequential amendments to other Acts. The coming into force of Bill C-291 in October 2025 and the amendment to the definition clause rendered this clause moot, and, therefore, it was defeated at committee.

Clarification of scope, clause 6. Originally, clause 6 clarified that the offence set out in the bill would not apply to an organization that incidentally, or not deliberately, provides a service that is used to search for, transmit, download, store or access pornographic material online. This clause was amended to remove the words “and not deliberately.” This amendment broadens the range of excluded organizations, ensuring, in particular, that intermediaries such as search engines are not captured. It thereby narrows the scope of the bill.

Website blocking, clause 10. Clause 10 establishes an enforcement process through which the Federal Court can order internet service providers to block minors’ access to pornographic material in Canada when certain conditions are met.

In the original version of the bill, clause 10(5) stated that the court order could have the effect of also preventing access to material other than pornographic material or preventing access even if the person seeking to access the material is an adult. The committee amended clause 10 to remove this subparagraph entirely, in other words, tightening up the bill.

Regulation-making powers under clause 12. Clause 12 enables the Governor-in-Council, the cabinet, to make regulations for carrying out purposes and provisions of this act. Clause 12(1)(a) specifically enables the Governor-in-Council to adjust the scope of the bill by regulation. In its original formulation, this provision allowed for regulations specifying the circumstances in which pornographic material is, or is not, to be regarded as being made available for commercial purposes, including circumstances in which pornographic material made available free of charge is, or is not, to be regarded as made available for commercial purposes.

Following amendment at committee, this provision allows for regulations specifying the circumstances in which pornographic material made available free of charge is not to be regarded as made available for commercial purposes. This amendment to the clause curtails the regulation-making power somewhat; cabinet can only scope out, and not scope in, organizations, and only in cases where pornographic material is made available free of charge.

Administrative monetary penalties, clauses 9 and 12, were amended. Clause 12(1)(a) and 12(1)(b) list specific regulation-making powers. The committee added a new clause 12(1)(c), which explicitly allows the Governor-in-Council, cabinet, to establish, by regulation, a system of administrative monetary penalties to enforce the obligations of an organization under the act. A consequential amendment was made to clause 9 to ensure that organizations are properly notified regarding the administrative monetary penalty system.

Age verification and age estimation measures, clause 12(2). This clause requires that the Governor-in-Council ensure that a prescribed age verification or age estimation method meets certain criteria set out in subparagraphs 12(2)(a) through to 12(2)(d). Originally, clause 12(2)(d) required that the method collect and use personal information solely for age-verification or age-estimation purposes, except to the extent required by law. The committee amended this subparagraph to remove the limitation “except to the extent required by law,” thereby strengthening the criterion.

Clause 14 in Bill S-209 was initially set to come into force one year after Royal Assent. This clause was amended so that the bill comes into force on a day to be fixed by order of the Governor-in-Council.

Honourable senators, these amendments reflect the committee’s effort to refine the bill in light of the evidence that we heard. They narrow the scope of the key definitions. They clarify the application of the bill to ensure that intermediaries are not inadvertently captured. They strengthen the safeguards, particularly in relation to privacy and potential impact on lawful access. They also provide greater precision with respect to the regulatory authority and enforcement mechanisms, ensuring that the bill is both workable and proportionate.

Importantly, these amendments do not alter the core objective of the bill. Rather, they seek to ensure that the means chosen to achieve the objective are clear, balanced and capable of effective implementation.

Before concluding, I would like to express my sincere appreciation to the members of the Legal and Constitutional Affairs Committee and all those who contributed to the study.

I would also like to thank the assigned committee staff for their exceptional work: the law clerk, André Clair; the analysts, Michaela Keenan-Pelletier and Dana Phillips; the administrative assistant, Natassia Ephrem; and the clerk, Vincent Labrosse.

I wish to also acknowledge the honourable senators who serve on the committee and the hard work they put into this act to get this bill to its report stage — Deputy Chair Senator Batters and committee members, Senator Clement, Senator Dhillon, Senator Miville-Dechêne, Senator Oudar, Senator Pate, Senator Prosper, Senator Saint-Germain, Senator Simons, Senator Tannas and Senator K. Wells. Their expertise, diligence and professionalism were essential to the committee’s work.

Honourable senators, Bill S-209 addresses a challenging and evolving issue. It seeks to protect young persons in a digital environment that is complex, rapidly changing and often difficult to regulate. The committee’s work has sought to ensure that this legislation reflects not only the importance of that objective but also the need for clarity, balance and respect for broader legal principles.

In that spirit, I ask you to adopt the fifth report of the Standing Senate Committee on Legal and Constitutional Affairs on Bill S-209.

Thank you.