C-1.1 - Act to establish a legal framework for information technology

Section 37 Disposition versions

2001-11-01

37. A service provider, acting as an intermediary, which, as part of transmission services provided via a communication network, maintains technology-based documents furnished by clients on that network for the sole purpose of ensuring the efficiency of their subsequent transmission to persons having a right to access the information, is not responsible for acts of service users performed with the use of those documents.

However, the service provider may incur responsibility, particularly if the service provider otherwise participates in acts performed by service users

(1)  as specified in the second paragraph of section 36 ;

(2)  by not complying with the conditions for access to a document ;

(3)  by preventing the verification of who has accessed a document ;

(4)  by failing to withdraw a document from the network or to block access to the document after becoming aware that the document has been withdrawn from its initial position on the network, that persons having the right to access the document are unable to do so or that a competent authority has ordered that the document be withdrawn from the network or that access to the document be blocked.

2001, c. 32, s. 37.