Maintaining Online Safety: An Overview of Canada’s Proposed Online Harms Act (Bill C-63)

Sara Santos-Vigneault
Apr 12
3 min read

In February 2024, the Government of Canada introduced Bill C-63, known as the Online Harms Act, to establish a legal framework for regulating harmful content on digital platforms. The proposed legislation aims to address content that poses serious risks to individual and public safety, particularly involving children, while creating regulatory bodies to oversee its enforcement.

Bill C-63 was introduced in the House of Commons on February 26, 2024, by Justice Minister Arif Virani. It proposes amendments to several federal statutes, including the Criminal Code, the Canadian Human Rights Act, and the Youth Criminal Justice Act. The bill also includes a new statute: the Online Harms Act, which outlines obligations for digital service providers regarding harmful content.

The legislation is currently in its early stages, having undergone first reading in Parliament.

Digital platforms operating in Canada would be required to take measures to reduce the risk of users encountering harmful content. Specific obligations include:

Timely Removal: Platforms must remove certain types of harmful content—such as child sexual exploitation material, hate speech, and non-consensual sharing of intimate images—within 24 hours of receiving a formal notice.
Risk Assessments: Companies would be required to assess risks associated with their services and implement mitigation strategies.
Reporting Requirements: Providers must report specified incidents and submit compliance reports to the proposed regulatory authorities.

Bill C-63 introduces three new entities to oversee compliance:

Digital Safety Commission of Canada: A regulatory authority responsible for enforcing the Act and issuing penalties.
Digital Safety Ombudsperson: A public-facing role offering guidance and support to users affected by harmful content.
Digital Safety Office: An administrative body supporting the functions of the Commission and Ombudsperson.

The bill introduces administrative monetary penalties for non-compliance. Companies may be fined up to 6% of global revenues for serious violations. Criminal penalties also apply for certain offences, including increased maximum sentences for advocating genocide or inciting hate-based violence.

The bill also includes proposed amendments to:

The Canadian Human Rights Act, reintroducing a process for addressing hate speech complaints through the Canadian Human Rights Commission.
The Criminal Code, increasing maximum sentences for certain speech-related offences, including advocating genocide (from five years to life imprisonment).

These amendments are intended to modernize Canada’s legal response to digital content while aligning with international legal norms on hate speech and human rights protections.

As of April 2025, Bill C-63 remains under parliamentary consideration. The proposed legislation has been referred to committee for further study, stakeholder feedback, and potential revisions. During this phase, policymakers will assess the scope, implications, and enforceability of the proposed framework.

Similar regulatory efforts are underway in other jurisdictions. The United Kingdom's Online Safety Act and the European Union’s Digital Services Act have both introduced structured responsibilities for online platforms to mitigate harmful content. Canada’s Bill C-63 follows this trend by formalizing content moderation requirements within a national legal framework.

Bill C-63 represents a legislative effort to formalize protections against harmful online content, particularly as it relates to child safety and hate speech. The bill proposes a detailed regulatory structure, increased penalties, and new oversight mechanisms to ensure compliance among digital service providers. As the legislation progresses through Parliament, it will continue to be evaluated in light of constitutional rights and technical feasibility.