EXECUTIVE BRIEF · OCTOBER 2026
Canada's 2026 digital and speech legislation
Hate speech, online safety, privacy, surveillance and AI. What each instrument does, where it is contested, and what to do next.
Status as of October 15, 2026. Sources on the final slides. Not legal advice.
BOTTOM LINE
One law is in force, two bills await second reading, one sits in the Senate, and one strategy sets direction
C-9 Hate Act
In force: new hate offences, statutory definition of hatred
Religious-opinion defence repealed.
In force Jul 18
C-34 Social Media
Regulator, under-16 ban, chatbot duties
Fines up to 5% of global revenue; most detail left to regulation.
Awaiting 2nd reading
C-22 Lawful Access
Police and CSIS data access
Up to 6 months of metadata retention; Senate study under way.
In the Senate
AI for All
Targets, funding, trusted-AI certification
No standalone AI law; rules arrive through C-34 and C-36.
Launched Jun 4
Companion bill: C-36 (privacy, tabled Jun 15) would move private-sector privacy oversight into the same new Commission that C-34 creates. [1][8][11][13][16][18]
Sources: [1] Justice Canada · [8] DLA Piper · [9] LegisInfo · [11] Parliament · [16] PMO · [18] DLA Piper (C-36)
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TIMELINE
Five instruments moved in parallel; June 2026 was the pivotal month
Sources: [2] LegisInfo C-9 · [9] LegisInfo C-34 · [11] Parliament C-22 · [16] PMO · [18] C-36 · [19] AI Affairs
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BILL C-9 · COMBATTING HATE ACT
C-9 creates new offences and, for the first time, defines hatred in the Criminal Code
Hate crime offence
Any federal offence motivated by hatred. Uttering threats rises from a 5-year to a 10-year maximum.
Symbol display
Publicly displaying listed terror symbols, two Nazi symbols or a noose to promote hatred. Educational, artistic and journalistic uses are excluded.
Intimidation and obstruction
Blocking or frightening people away from worship places, schools and community centres. Up to 10 years.
New definition: hatred is an intense and extreme emotion tied to vilification and detestation. Conduct that only offends or humiliates is not hatred.
Government: no criminalizing of religious expression
No ban on peaceful protest
Preaching and scripture in good faith not captured
Royal Assent Jun 18, 2026 · In force Jul 18, 2026 · Sources: [1] Justice Canada · [3] News release
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BILL C-9 · THE CONTROVERSY
The contested change is the repeal of the good-faith religious-opinion defence
THE DEFENCE
Before
Good-faith opinion on a religious subject or text was a defence to certain hate propaganda offences.
↓ repealed by C-9
Now
No specific defence. Clarification clauses limit the offences to statements meant to promote hatred.
WHY THE GOVERNMENT ACTED
2018
1,817
2024
4,882
Police-reported hate crimes rose 169%.
CRITICS' CORE ARGUMENT
CCF and faith groups say repeal chills religious expression. Parliament did not reinstate the defence; government says good-faith preaching is not captured.
Sources: [1] Justice Canada · [4] Statistics Canada · [5] CCCC · [6] CCF
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BILL C-34 · SAFE SOCIAL MEDIA ACT
C-34 builds a regulator and layers duties on platforms and chatbots
Digital Safety Act + Digital Safety Commission of Canada: 3 to 5 full-time members, terms up to 5 years
SOCIAL MEDIA SERVICES
Protect children
Design features set by the Commission; under-16 account ban on designated services.
Act responsibly
Mitigate 7 harm categories; label synthetic content; block and flag tools.
Make content inaccessible
Child sexual abuse and non-consensual intimate content: within 24 hours.
Be transparent
Publish digital safety plans with risk assessments.
AI CHATBOT SERVICES
Tailored duties
Interrupt and connect users to a human crisis service.
No posing as a human or licensed professional.
No manipulative engagement that fosters attachment.
Introduced Jun 10, 2026 · Private messaging is excluded · Sources: [7] Canada.ca · [8] DLA Piper
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BILL C-34 · THE CONTROVERSY
Critics focus on 'foments hatred'; the bill adds expression safeguards
THE SEVEN HARM CATEGORIES
1
Intimate content without consent
2
Sexual victimization of a child
3
Inducing a child to self-harm
4
Bullying a child
5
Content that foments hatred
6
Inciting violence
7
Terrorism or violent extremism
CCF'S CONCERN
No 'extreme' threshold in the category, so commissioners and risk-averse platforms decide. CCF calls this the greatest threat to free speech in decades.
BUILT-IN LIMITS
Measures must not unreasonably limit expression. The Commission must weigh expression, equality and privacy. Takedown orders reach only child abuse and non-consensual intimate content.
Sources: [6] CCF · [8] DLA Piper · [10] Gowling WLG · [7] Canada.ca
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BILL C-34 · EXPOSURE
Penalties scale with global revenue, though they were cut from the earlier proposal
MAXIMUM FINES FOR OPERATORS (GREATER OF)
Administrative
$10M or 3%
Criminal, summary
$15M or 4%
Criminal, indictment
$20M or 5%
Bar length compares the dollar floors. Daily continuing violations; due diligence defence.
OTHER LIMITS ON LIABILITY
No imprisonment for any offence
Individuals capped at $50,000
Non-operators: up to $5M or 1.5%
Status: awaiting second reading; not yet at committee · Sources: [8] DLA Piper · [9] LegisInfo
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BILL C-34 · IMPLEMENTATION
Most of the real obligations will be written later in regulations
31
regulation-making heads for the Commission
19
key decision points kept by Cabinet
3 yrs
until mandatory review of the age rules
HOW OBLIGATIONS ARRIVE
Royal Assent
Cabinet designates services and thresholds
Commission issues guidelines and regulations
Duties bite, after consultation
Cabinet also names which services face the under-16 ban. Analysts expect the Commission to take 12 to 24 months to become operational, so enactment is likely years from full effect.
Sources: [8] DLA Piper · [10] Gowling WLG · [9] LegisInfo
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BILL C-22 · LAWFUL ACCESS ACT
C-22 expands police and CSIS access to subscriber data and retained metadata
TWO PARTS
Part 1. Police can ask a provider, without a court order, whether it serves a given customer.
Part 2 (SAAIA). Providers must build access capability and retain metadata for up to six months. Takes effect by Cabinet order.
Limits. No web browsing history. Each category must be judged essential.
MAX METADATA RETENTION
12 mo
6 mo
Original bill vs House-passed version
Introduced Mar 12 · Passed House Jun 18, 2026 · Now in the Senate · Sources: [11] Parliament · [12] BetaKit · [13] Geist
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BILL C-22 · THE CONTROVERSY
Concessions on encryption and retention have not settled the dispute
CHANGES AND GOVERNMENT POSITION
Retention cut from one year to six months.
Explicit protection for end-to-end encryption added.
Government disputes that the bill forces backdoors.
CRITICS AND INDUSTRY
Civil liberties groups call retention constitutionally fatal under section 8.
Signal says it would leave Canada if ordered to retain metadata; Psiphon is planning a move.
Ministerial orders could precede regulations by years.
Timeline risk: officials expect first regulations 18 to 24 months after Royal Assent. The House limited debate to pass the bill before summer.
Sources: [13] Geist · [14] Globe and Mail · [15] Gizmodo · [20] Spheres of Influence · [12] BetaKit
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COMPANION BILL · C-36
C-36 is the missing piece: privacy reform that shares C-34's regulator
Bill C-11 (2020)
First attempt to reform PIPEDA
Bill C-27 (2022)
Bundled privacy with AI rules; died Jan 2025
Bill C-36 (Jun 15, 2026)
Protecting Privacy and Consumer Data Act
WHAT CHANGES
Private-sector privacy oversight moves from the Privacy Commissioner to a new commission.
The same body as C-34, renamed Digital Safety and Data Protection Commission.
WHY IT MATTERS FOR AI
No standalone AI law. AI risk is handled through privacy and online-safety bills.
Awaiting second reading, like C-34.
Sources: [18] DLA Piper · [21] Miller Thomson · [16] PMO
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AI FOR ALL · NATIONAL STRATEGY
AI for All pairs ambitious targets with selective funding lines
$200B
extra growth targeted
250,000
AI-related jobs in five years
12→60%
adoption target by 2034
90,000
youth jobs and placements
SELECTED FUNDING (CAD)
AI Compute Access Fund
+$700M
Regional AI Initiative
$500M
Tech Growth Fund (proposed)
$500M
AI Safety Institute
$50M
Launched Jun 4, 2026 · Three principles: trust, opportunity, sovereignty · Sources: [16] PMO · [17] Bennett Jones · [22] Legal500
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AI FOR ALL · THE CONTROVERSY
The debate is who defines 'trusted' AI, and how the rules get enforced
TRUST ACTIONS IN THE STRATEGY
Canada Trusted AI Certification for products in the marketplace
$50M to expand the Canadian AI Safety Institute's model evaluations
Legislation on privacy, online safety and AI transparency
National Council on AI launched Oct 2, 2026
THE CRITICS' CHAIN
Certification standards and funding
↓
Rules enforced via C-34 and C-36 regulator
↓
Risk of 'sanitized' models, says CCF
Sources: [16] PMO · [17] Bennett Jones · [6] CCF · [19] AI Affairs · [23] Science Policy
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IMPLICATIONS
Four patterns run across the package
1
Definitions decide reach
'Hatred', 'harmful', 'trusted' and 'systemic vulnerability' set how far each rule extends.
2
Detail is delegated
C-34, C-22 and C-36 leave scope, thresholds and timing to regulations and Cabinet.
3
Private firms enforce
Platforms, chatbot makers and telecoms carry judgment calls and penalties.
4
One regulator emerges
C-34 and C-36 converge on a single commission for safety and privacy.
The split: advocates cite child protection, trust and safety; critics cite speech, privacy and overreach. Parliament's amendments will show which view prevails.
Sources: synthesis of [1] to [18]. Analytical, not legal advice.
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PRACTICAL TAKEAWAYS
Comply with C-9 now, prepare for C-34 and C-36, and watch C-22 and AI policy
NOW
• C-9 is in force: review content, moderation and premises policies
• Brief legal, comms and security teams on the new offences
Trigger: law in force since Jul 18
NEXT
• Inventory services that may be regulated; plan age assurance
• Chatbots: design human crisis handoff and human-disclosure
• Prepare committee input on definitions and scope
Trigger: committee referral or regulations
WATCH
• C-22 in the Senate: encryption and retention amendments
• Cabinet orders and 18 to 24 month regulations
• AI certification design and C-36 progress
Trigger: Senate vote; Cabinet orders
Sources: [1] [8] [13] [16] [18] · Not legal advice.
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CLAIM CHECK
Core facts verified against primary sources; some points need care
VERIFIED
C-9: Royal Assent Jun 18, in force Jul 18 [1][2]
C-34: introduced Jun 10; fines, 16 age floor, 3 to 5 members [7][8]
C-22: Mar 12 introduction, House Jun 18, 6-month cap [11]
AI for All: $200B, 250,000 jobs, 12% to 60%, $50M institute [16][17]
Hate crimes 1,817 (2018) to 4,882 (2024), +169% [4]
TREAT WITH CARE
CCF statements are advocacy positions, not findings [6]
AI adoption baseline: 'just over 12%', defined differently by outlets [16]
C-34 stage: LegisInfo shows second reading, with no debate yet [9]
CCF letter counts vary across its own materials [5][6]
Commission readiness of 12 to 24 months is an analyst estimate [10]
Claims not found in primary sources were removed from this brief.
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SOURCES · 1 OF 2
Primary and official sources
[1] Justice Canada, Combatting Hate Act backgrounder
justice.gc.ca/eng/csj-sjc/pl/c9
[2] Parliament of Canada, LegisInfo: Bill C-9
parl.ca/legisinfo/en/bill/45-1/c-9
[3] Justice Canada, news release, Jun 19, 2026
canada.ca/en/department-justice/news/2026/06
[4] Statistics Canada, Police-reported hate crime, 2024
www150.statcan.gc.ca/n1/daily-quotidien/260330
[7] Canada.ca, Bill C-34 and highlights
canada.ca/en/canadian-heritage/services/safe-social-media-act
[9] Parliament of Canada, LegisInfo: Bill C-34
parl.ca/LegisInfo/en/bill/45-1/C-34
[11] Parliament of Canada, Bill C-22 as passed by House
parl.ca/documentviewer/en/45-1/bill/C-22/third-reading
[16] Prime Minister of Canada, AI for All release, Jun 4, 2026
pm.gc.ca/en/news/news-releases/2026/06/04
[6] Canadian Constitution Foundation, C-34 statement
theccf.ca/bill-c-34-warns-risk-to-free-speech
[5] CCCC, Bill C-9 passes into law, Jun 19, 2026
cccc.org/news_blogs/legal/2026/06
Accessed October 2026.
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SOURCES · 2 OF 2
Legal, industry and press analysis
[8] DLA Piper, Overview of the Safe Social Media Act, Jun 15, 2026
dlapiper.com/en/insights/publications/2026/06
[10] Gowling WLG, What Bill C-34 means for providers
gowlingwlg.com/en/insights-resources/articles/2026
[18] DLA Piper, Canada tables Bill C-36, Jun 17, 2026
dlapiper.com/insights/publications/2026/06
[21] Miller Thomson, Bill C-36 overview
millerthomson.com
[17] Bennett Jones, AI for All strategy, Jul 2026
bennettjones.com/Insights/Blogs/2026/07
[22] Legal500, AI strategy key commitments
legal500.com/developments/news
[12] BetaKit, C-22 passes third reading
betakit.com
[13] Michael Geist, Years of Uncertainty (C-22)
mgeist.substack.com
[14] The Globe and Mail, Signal on lawful access bill
theglobeandmail.com/politics
[15] Gizmodo, Psiphon and Bill C-22
gizmodo.com
[19] AI Affairs, National Council on AI, Oct 2, 2026
aiaffairs.com/government
[20] Spheres of Influence, Bill C-22
spheresofinfluence.ca
[23] Science Policy, The Missing Pillar, Sep 2026
sciencepolicy.ca
Accessed October 2026. Trade press and commentary are cited for analysis, not as primary law.
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