293/2023

O.C. 725/2023

December 18, 2023

January 29, 2024

Intimate Images Protection Act

Intimate Images Protection Regulation

Definition

In this regulation, Act means the Intimate Images Protection Act .

Factors that decision maker must consider under

section 5 of Act

Factors that the decision maker must consider under

section 5 (2), (3), (4) and (5) of the Act include

the potential for an expedited order to mitigate harm,

the personal circumstances of the individual depicted in the intimate image, and

the circumstances in which the individual is depicted in the intimate image.

Classes of individuals who may apply under

section 5 of Act on behalf of deceased individual

Classes of individuals who may apply to the decision maker for relief under

section 5 of the Act on behalf of a deceased individual are as follows:

the deceased individual's nearest relatives, as defined in

section 5 (1) of the Freedom of Information and Protection of Privacy Regulation;

personal representatives of the deceased individual;

adults who, in the opinion of the decision maker, are suitable persons to apply on behalf of the deceased individual.

Age at which minor may apply under

section 5 of Act on behalf of self

A minor who is 14 years of age or over may apply to the tribunal for relief under

section 5 of the Act on the minor's behalf.

Age at which minor may authorize another to apply under

section 5 of Act on minor's behalf

A minor who is 12 years of age or over may authorize another individual to apply to the tribunal for relief under

section 5 of the Act on the minor's behalf.

Class of individuals who may be authorized by minor to apply under

section 5 of Act on minor's behalf

For the purposes of

section 8 (2) (

a) of the Act, adults whose relationship with the minor depicted in the intimate image can be characterized as a relationship of trust, as determined by that minor, are in a prescribed class.

Class of individuals who may be authorized by adult to apply under

section 5 of Act on adult's behalf

For the purposes of

section 8 (2) (

b) of the Act, adults whose relationship with the adult depicted in the intimate image can be characterized as a relationship of trust, as determined by the adult depicted in the intimate image, are in a prescribed class.

Factor that decision maker must consider in determining whether to cancel publication ban once respondent is no longer a minor

In determining whether to cancel a ban on the publication of a respondent's name once the respondent is no longer a minor, the decision maker must consider whether the respondent has given consent for the ban to be cancelled.

Maximum administrative penalty amounts

If an order made under

section 5 of the Act is not complied with, an administrative penalty may be imposed under

section 16 of the Act as follows:

in the case of an individual, a maximum of $500 per day that the individual fails to comply with the order, up to a total maximum of $10 000, and

in the case of an internet intermediary or other person or organization, a maximum of $5 000 per day that the internet intermediary or other person or organization fails to comply with the order, up to a total maximum of $100 000.

If failure to comply with the order referred to in subsection (1) continues after the administrative penalty under subsection (1) has been imposed,

additional administrative penalties may be imposed for each day the contravention continues, and

each penalty imposed must not exceed the applicable penalty amounts referred to in subsection (1) (

a) and (b).

Date that administrative penalty amount must be paid

The date that an administrative penalty amount must be paid is the date that the notice of administrative penalty is received by the person required to pay it.

[Provisions relevant to the enactment of this regulation: Intimate Images Protection Act , S.B.C. 2023, c. 11, s. 21 (2).]