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The Child and Family Services Amendment Act (Child Pornography Reporting)

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S.M. 2008, c. 9

Bill 7, 2nd Session, 39th Legislature

The Child and Family Services Amendment Act (Child Pornography Reporting)

(Assented to June 12, 2008)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C80 amended

1           The Child and Family Services Act is amended by this Act.

2           Subsection 1(1) is amended by adding the following definitions:

"child pornography" means

(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

(i) that shows a child engaged in, or depicted as engaged in, explicit sexual activity, or

(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ of a child or the anal region of a child,

(b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a child that would be an offence under the Criminal Code (Canada),

(c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a child that would be an offence under the Criminal Code (Canada), or

(d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a child that would be an offence under the Criminal Code (Canada); (« pornographie juvénile »)

"reporting entity" means an organization, agency or person designated as a reporting entity by a regulation made under clause 86(w); (« entité compétente »)

3           Clause 17(2)(c) is amended by adding ", including where the child is likely to suffer harm or injury due to child pornography" at the end.

4(1)        The following is added after subsection 18(1):

Reporting child pornography

18(1.0.1)   In addition to the duty to report under subsection (1), a person who reasonably believes that a representation, material or recording is, or might be, child pornography shall promptly report the information to a reporting entity.

Seeking out child pornography not required or authorized

18(1.0.2)   Nothing in this section requires or authorizes a person to seek out child pornography.

4(2)        Subsection 18(2) is amended by striking out "subsection (1) applies" and substituting "subsections (1) and (1.0.1) apply".

5(1)        Subsection 18.1(2) is replaced with the following:

Identity of informant

18.1(2)     Except as required in the course of judicial proceedings, or with the written consent of the informant, no person shall disclose

(a) the identity of an informant under subsection 18(1) or (1.1)

(i) to the family of the child reported to be in need of protection, or

(ii) to the person who is believed to have caused the child to be in need of protection; or

(b) the identity of an informant under subsection 18(1.0.1) to the person who possessed or accessed the representation, material or recording that is or might be child pornography.

5(2)        Subsection 18.1(3) is replaced with the following:

Retaliation against informant prohibited

18.1(3)     No person shall dismiss, suspend, demote, discipline, harass, interfere with or otherwise disadvantage an informant under section 18.

6           Clause 18.3(d) is replaced with the following:

(d) dismisses, suspends, demotes, disciplines, harasses, interferes with or otherwise disadvantages an informant in contravention of subsection 18.1(3);

7           Clause 18.4(4)(a) is replaced with the following:

(a) the offence

(i) is based on an alleged act or omission by the accused person in relation to a child, or

(ii) is in relation to child pornography; and

8           The following is added after section 18.6:

Action by reporting entity re child pornography report

18.7(1)     If, after reviewing a report made under subsection 18(1.0.1), the reporting entity reasonably believes that the representation, material or recording is or might be child pornography, it shall take action to protect a child by reporting the matter to a child and family services agency or a law enforcement agency, or to both as necessary, and take any further action as may be set out in the regulations.

Annual report by reporting entity

18.7(2)     A reporting entity must prepare an annual report with respect to its activities and actions taken under this Part, and the minister must table a copy of it in the Legislative Assembly within 15 days after receiving it, if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

9            Section 86 is amended

(a) in clause (o), by striking out "the director's or an agency's files" and substituting "the files of the director, an agency or a reporting entity";

(b) in clause (o.1), by adding "or a reporting entity" after "an agency";

(c) in clause (t), by striking out "or an agency" and substituting ", an agency or a reporting entity"; and

(d) by adding the following after clause (v):

(w) designating one or more organizations, agencies or persons as reporting entities for the purpose of receiving reports of child pornography under subsection 18(1.0.1).

Coming into force

10          This Act comes into force on a day to be fixed by proclamation.