Child Pornography Reporting Soon to be Mandatory for Employers

Bill 37, the Child Pornography Reporting Act, 2008, received Royal Assent on December 10th, 2008. The Bill places potentially onerous reporting obligations on employers.

The new legislation will add a definition of “child pornography” to Ontario’s Child and Family Service Act (“the Act”). The definition is parallel (though not identical) to the definition found in the Criminal Code. While the Act already requires certain persons who come across this type of pornography to report it to the prescribed authorities, Bill 37 amends the Act to place strict reporting obligations on anyone who has reasonable grounds to suspect that a representation or other material is or might be child pornography.

Failure to report information on child pornography is an offence, and a conviction will lead to a fine of up to $50,000 and/or imprisonment for not more than two years. In order to encourage reporting and to safeguard those who are obliged to report suspected child pornography, the amendments to the Act provide that an action cannot be brought against a person who, in good faith, provides information to the authorities. The Act also makes it an offence to disclose the identity of, or retaliate against, an informant.

Bill 37 will therefore have a significant impact on employers, and especially those whose employees use computers with Internet access. Employers will be responsible for reporting any child pornography they may come across, as well as instructing employees on how to report any suspected child pornography that they may encounter in the course of their employment. However, there is no obligation for the employer or its employees to actively seek out child pornography.

While the date on which Bill 37 comes into force has yet to be determined, it will likely become effective in the near future. Employers should therefore familiarize themselves and their employees with the new child pornography reporting provisions of the Act by creating a comprehensive workplace policy which deals with these obligations. The policy should also address the actions that the employer may take in the event that child pornography is found on an employee’s computer. Taking action now will ensure that employers are compliant with the new