C-404
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-404
An Act to amend the Criminal Code (failure to prevent access to child pornography)
first reading, June 3, 2009
NOTE
3rd Session, 40th Parliament
This bill was introduced during the Second Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Mr. Silva
402260
SUMMARY
This enactment amends the Criminal Code to make it an offence for a person who possesses child pornography to allow access to it by any other person.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-404
An Act to amend the Criminal Code (failure to prevent access to child pornography)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 163.1 of the Criminal Code is amended by adding the following after subsection (4):
Failure to prevent access to child pornography
(4.01) Every person who possesses any child pornography and who permits any other person to have access to it by any means, or who fails to take reasonable steps to ensure that it is at all times kept in such a way as to prevent any other person from obtaining access to it, in whole or in part, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of three years.
Reasonable steps
(4.02) For the purposes of subsection (4.01), the reasonable steps are those that would be normal for a prudent person to take to prevent any other person from obtaining access to the child pornography by accident or by any means that constitutes an offence under this Act. 
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada