P-9.0002 - Act to counter non-consensual sharing of intimate images

Updated to 1 January 2025

This document has official status.

not in force

chapter P-9.0002

Act to counter non-consensual sharing of intimate images

In force: 2025-06-04

CHAPTER I GENERAL PROVISIONS

2024, c. 37, s. 1.

In force: 2025-06-04

1. The purpose of this Act is to allow a person to, in an urgent, simple manner, prevent or put a stop to an infringement on their fundamental rights, in particular the right to the safeguard of their dignity, honour and reputation and the right to respect of their privacy, protected by the Charter of human rights and freedoms (chapter C-12) and by the Civil Code, resulting from the non-consensual sharing of an intimate image, considering that such sharing could cause the person irreparable injury, in particular by reason of the risk of the image being spread by technological means.

2024, c. 37, s. 1.

In force: 2025-06-04

2. An intimate image is any image, altered or not, that represents or appears to represent a person either nude or partially nude, exposing their breasts, genital organs, anal region or buttocks, or engaging in an explicit sexual activity, where the person had a reasonable expectation that their privacy would be protected, whether in the circumstances in which the image was created, taken or recorded or, where applicable, in which the image was shared.

Any visual or sound recording or live broadcast is considered an image for the purposes of this Act.

2024, c. 37, s. 1.

In force: 2025-06-04

3. The sharing of an intimate image includes publishing, broadcasting, distributing, transmitting, selling, communicating, making available or advertising such an image.

However, the sharing necessary for the purposes of the administration of justice is not subject to this Act.

2024, c. 37, s. 1.

In force: 2025-06-04

4. Consent to the creation, taking, recording or sharing of an intimate image does not constitute a renunciation of the fundamental rights that the person who gave consent is entitled to expect in other circumstances.

2024, c. 37, s. 1.

In force: 2025-06-04

5. A person may revoke their consent to the sharing of an intimate image.

Any person to whom the revocation is communicated must abstain from sharing the intimate image and make every reasonable effort to make the image inaccessible. Failing that, the person is responsible for any injury resulting from the image being made accessible or being shared.

However, revocation is not possible where the consent was given under a contract entered into for commercial or artistic purposes, unless the possibility of revoking consent was provided for therein or the contract is a contract of adhesion.

2024, c. 37, s. 1.

In force: 2025-06-04

CHAPTER II URGENT ORDER TO CEASE OR PREVENT THE SHARING OF AN INTIMATE IMAGE

2024, c. 37, s. 1.

In force: 2025-06-04

6. A judge of the Court of Québec or a presiding justice of the peace may, where an intimate image is shared without consent or there is a threat of such sharing, order any person who possesses or has control of an intimate image to, upon notification of the order,

(1)  abstain from sharing the image;

(2)  cease any sharing of the image; and

(3)  destroy the image.

Likewise, the judge or presiding justice of the peace may order any person to de-index any hyperlink allowing access to the image.

In addition, the judge or presiding justice of the peace may order any person to provide them with any information necessary or useful for putting a stop to the sharing of such an image or for preventing it, in particular any information that may be used to identify a person who has shared such an image or who is threatening to do so, and may issue any other incidental order that is appropriate in the circumstances.

2024, c. 37, s. 1.

In force: 2025-06-04

7. An application for such an order may be made by the person represented in the image or, where the latter consents to it or the court so authorizes, by another person or by a body.

In the event that the person represented in the image is deceased, the application for an order may also be made by the person’s spouse, a close relative or a person connected by marriage or a civil union.

2024, c. 37, s. 1.

In force: 2025-06-04

8. A minor 14 years of age or over may file the application for the order alone or give their consent alone for another person or a body to file the application on their behalf.

2024, c. 37, s. 1.

In force: 2025-06-04

9. The person applying for such an order must, in order to obtain it, declare

(1)  that they are the person represented in the intimate image within the meaning of this Act or that they are authorized to present the application, in particular because they have the consent of that person;

(2)  that the intimate image is being shared, or that a person is threatening to share it, without the consent of the person represented in the image; and

(3)  that they are applying for the order provided for by this Act.

The statement is deemed to be made under oath.

The person applying for the order also provides any information, of which they have knowledge, that could help prevent or put a stop to the sharing of the intimate image.

2024, c. 37, s. 1.

In force: 2025-06-04

10. The application for an order may be made by means of an outline that briefly presents the alleged facts or by using the form established by the Minister of Justice.

Supporting documents, if any, are to be produced with the court office in a manner that ensures their confidentiality.

2024, c. 37, s. 1.

In force: 2025-06-04

11. The application for an order need not be notified to the defendant, unless the court orders otherwise.

2024, c. 37, s. 1.

In force: 2025-06-04

12. The application for an order is heard and decided on an urgent basis.

The application may be heard outside the presence of the parties.

2024, c. 37, s. 1.

In force: 2025-06-04

13. The order may be issued with respect to any person, even if the person’s identity is unknown to the court.

2024, c. 37, s. 1.

In force: 2025-06-04

14. The order is notified without delay by the court clerk to the defendant and to any other person the order concerns and whose identity or other information allowing notification is known at the time the order is issued.

Notification may be made by any appropriate method that provides proof that the order was delivered, including by court bailiff, by registered mail, by having the order delivered personally by a courier, or by a technological means.

Whatever the method of notification used, a person who acknowledges receipt of the document or admits having received it is deemed to have been validly notified.

2024, c. 37, s. 1.

In force: 2025-06-04

15. Within 30 days after notification of the order, the defendant or any other person the order concerns may request that the order be annulled on the grounds that the allegations in the statement made by the person who requested the order are insufficient or false, in particular for one of the following reasons:

(1)  the person represented in the image did not have a reasonable expectation of privacy in the circumstances where the image was created, taken, recorded or shared, in particular because the defendant, or other person the order concerns, had the person’s free and enlightened consent in those circumstances; or

(2)  the image was shared for legitimate public information purposes without exceeding what is reasonable.

The application must be presented, in writing, in the district of the court that issued the order, as if it were an application in the course of a proceeding. It is to be heard and decided without delay.

The decision for annulment of the order may only be appealed by leave of a judge of the Court of Appeal.

2024, c. 37, s. 1.

In force: 2025-06-04

16. The order remains in force despite an application for annulment or an appeal, unless the court orders otherwise.

2024, c. 37, s. 1.

In force: 2025-06-04

17. Despite section 23 of the Charter of human rights and freedoms (chapter C-12), the hearing is held in camera and access to the court record is restricted.

However, if all parties are of full age, the court may, in the interests of justice, order that the hearing be public and that certain persons with a legitimate interest may have access to the record.

No person who has had access to the record may disclose or disseminate any information that would allow a party in a proceeding to be identified, unless authorized by the court.

2024, c. 37, s. 1.

In force: 2025-06-04

18. In addition to the sanction for contempt of court, anyone who neglects or refuses to comply with an order issued under this Act is liable to a fine of $500 to $5,000 per day in the case of a natural person or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of 18 months, or to both the fine and imprisonment, and to a fine of $5,000 to $50,000 per day in any other case.

For a subsequent offence, the amounts are doubled.

There may be no accumulation of proceedings for contempt of court and of proceedings seeking a penal sanction for the violation of an order issued under this Act that occurred on the same day and is based on the same facts.

2024, c. 37, s. 1.

In force: 2025-06-04

19. If a legal person disobeys an order issued under this Act, the officer, director or representative of the legal person who ordered or authorized the commission of the act or the omission constituting the offence or who consented to it is a party to the offence and is liable to the same penalty as that legal person.

2024, c. 37, s. 1.

In force: 2025-06-04

20. All sums collected as fines under this Act are credited to the fund dedicated to assistance for persons who are victims of criminal offences established under the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1).

2024, c. 37, s. 1.

In force: 2025-06-04

CHAPTER III CIVIL LIABILITY

2024, c. 37, s. 1.

In force: 2025-06-04

21. A person who shared an intimate image without consent or who threatened to do so is bound to make reparation for the injury caused, unless they prove that they have not committed any fault.

2024, c. 37, s. 1.

In force: 2025-06-04

22. Despite section 23 of the Charter of human rights and freedoms (chapter C-12), the hearing is held in camera and access to the court record is restricted.

However, if all parties are of full age, the court may, in the interests of justice, order that the hearing be public and that certain persons with a legitimate interest may have access to the record.

No person who has had access to the record may disclose or disseminate any information that would allow a party in a proceeding to be identified, unless authorized by the court.

2024, c. 37, s. 1.

In force: 2025-06-04

CHAPTER IV FINAL PROVISION

2024, c. 37, s. 1.

In force: 2025-06-04

23. The Minister of Justice is responsible for the administration of this Act.

2024, c. 37, s. 1.