I am wondering about the current Canadian rules on intermediary liability, if any — mainly for online intermediaries.
I note the provision of Quebec law (An Act to establish a legal framework for information technology, R.S.Q. c. C-1.1, s. 22.):
A service provider […] is not responsible for the activities engaged in by a service user […]
However, the service provider may incur responsibility, particularly if, upon becoming aware that the documents are being used for an illicit activity, or of circumstances that make such a use apparent, the service provider does not act promptly to block access to the documents or otherwise prevent the pursuit of the activity.
I don’t know of any such general-purpose or subject-specific statutory rule in the rest of Canada. The common law of innocent dissemination in defamation is similar, and I think that argument can work in copyright infringement too (but maybe I am confusing this with US law).
Are there other provisions of common law or statute that have a similar effect? Bill C-61 had a ‘notice and notice’ provision affecting ISPs. Does C-32 repeat it, or change it for the better or worse? I don’t think that provision ever made the service provider/intermediary liable directly, though, did/does it?
What am I missing? Any provision of federal, provincial or terrritorial law or the common law of any of the above jurisdictions would be welcome.