Intimate Images Protection Act: a province-by-province guide

Not all privacy laws are created equal, and when it comes to intimate images, the differences between provinces can either expose or protect a personal injury case. Across Canada, intimate images statutes are growing and reshaping how personal injury lawyers approach privacy, consent, and compensation.

In this article, we’ll discuss the different intimate images protection laws in each province, their differences, and the ways that lawyers can use them in building up a case.

What is the Intimate Images Protection Act in Canada?

The Intimate Images Protection Act is a civil law that makes it a tort for a person to distribute, or threaten to distribute, intimate images of someone without their consent.

One feature shared by most provincial versions of this law is that a victim does not have to prove they suffered financial harm to bring a claim. As such, the act of non-consensual distribution is itself actionable.

Civil and criminal prohibitions on sharing intimate images

Federally, sharing intimate images without consent has been a criminal offence under section 162.1 of the Criminal Code of Canada. It carries a maximum sentence of five years on indictment. However, criminal law gives victims no direct compensation, no image removal, and no say in the process. This is where provincial civil laws on intimate images protection comes in.

The most recent federal update came in June 2026, when Bill C-16 or the Protecting Victims Act received royal assent. It extended criminal liability to cover deepfake intimate images and threats to distribute, which are two areas that Canadian criminal law had gone silent.

On the civil side, the definition of an “intimate image” is broadly consistent across provinces. It typically covers:

• any visual recording (whether photograph, video, or live stream) in which the depicted person is:
• nude or nearly nude
• exposing their genitals, anal region, or breasts
• engaged in explicit sexual activity; and
• in which the depicted person had a reasonable expectation of privacy at the time of recording and, if distributed, at the time of distribution

Here’s a video about British Columbia’s Intimate Images Protection Act, which will be further discussed below:

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Which provinces have intimate images laws and how do they differ?

Every province has some form of civil protection against non-consensual distribution of intimate images (NCDII), though they vary significantly in scope, remedies, and procedure.

Here are some of the provinces which have their own version of the Intimate Images Protection Act:

• Manitoba: The Non-Consensual Distribution of Intimate Images Act
• British Columbia: Intimate Images Protection Act
• Nova Scotia: Intimate Images and Cyber-protection Act
• New Brunswick: Intimate Images Unlawful Distribution Act
• Quebec: An Act to counter non-consensual sharing of intimate images and to improve protection and support in civil matters for persons who are victims of violence

We’ll briefly summarize them below.

Manitoba: The Non-Consensual Distribution of Intimate Images Act

Manitoba led the way in 2016, passing what was then called the Intimate Image Protection Act. It has now been renamed to Non-Consensual Distribution of Intimate Images Act, after amendments in 2023, 2024, and 2026.

Manitoba’s law is the most technologically current. It has separately defined “fake intimate image,” which explicitly covers deepfakes and AI-generated content produced through machine learning or software manipulation.

British Columbia: Intimate Images Protection Act

British Columbia’s Intimate Images Protection Act, which came into force on January 29, 2024, built one of the most accessible civil processes in the country.

Victims can apply online to the Civil Resolution Tribunal (CRT) without a lawyer and without proving harm. As of March 2026, the CRT can award up to $75,000 in damages, which was raised from a previous ceiling of $5,000.

Nova Scotia: Intimate Images and Cyber-protection Act

Nova Scotia’s Intimate Images and Cyber-protection Act, in force since July 2018, is the broadest in scope.

It covers both NCDII and cyber-bullying, and its government-designated Cyberscan Agency provides victims with public education, dispute resolution, mediation, and restorative justice services.

This version of Intimate Images Protection Act is the most comprehensive victim-support model outside British Columbia.

New Brunswick: Intimate Images Unlawful Distribution Act

New Brunswick’s Intimate Images Unlawful Distribution Act is notable for treating threats to distribute as a standalone tort, actionable without proving any damage.

Quebec: Bill 73

Below is a video about Quebec’s Bill 73, which is a counterpart of the Intimate Images Protection Act in this province:

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Ontario: intimate images protection under common law

Ontario stands apart as the only province without dedicated intimate images legislation. Instead, Ontario courts have developed common law privacy torts:

• Jones v. Tsige, 2012 ONCA 32: recognised the tort of intrusion upon seclusion
• Jane Doe 72511 v. N.M., 2018 ONSC 6607: adopted the tort of public disclosure of private facts

Key differences among the intimate images protection laws

Key differences across provincial statutes include:

Deepfake coverage

• BC, NB, PEI, and SK: all use the phrase “whether or not the image has been altered in any way,” which explicitly covers AI-generated or manipulated images
• AB and NS: do not include this language, leaving a gap for deepfake victims in those provinces

Reverse onus

• MB, NL, and SK: presumes that distribution occurred without consent; it means that the defendant must prove they had reasonable grounds to believe they had ongoing consent
• AB, BC, NS, and PEI: do not have reverse onus provisions

Expedited removal process

• BC, NB, and PEI: allows victims to apply for image removal orders separately from a full damages claim
• AB, NS, and the older provincial statutes: offer only a single litigation track through the courts

Damages available

• all provinces: general, special, aggravated, and punitive damages are available for the victims of this tort
• MB, NL, and SK: these provinces also allow claims for the defendant’s profits from the distribution

Can you sue for non-consensual image sharing in Canada?

Yes, suing for non-consensual image sharing is possible under Canadian laws. In most provinces, a plaintiff can do so without proving they suffered measurable harm.

Every provincial intimate images protection law establishes the tort as actionable without proof of damage. This is a meaningful departure from standard tort law, where damages are ordinarily a required element.

What a plaintiff does need to show varies slightly by province, but the core elements are consistent:

• the image is an intimate image of the plaintiff
• the plaintiff had a reasonable expectation of privacy
• the defendant distributed or threatened to distribute the image without consent

Meaning of “consent” in intimate images protection laws

Consent is not a simple yes-or-no question. Under every provincial intimate images protection law, prior consent does not automatically permit further distribution. It means that a person can consent to one partner having an image, without consenting to that image being shared with anyone else.

Consent can also be revoked at any time; once it is revoked and communicated, the distributor must make every reasonable effort to make the image unavailable. Failure to do so creates a fresh cause of action.

How can lawyers use intimate images protection laws in building claims?

Personal injury lawyers are increasingly treating intimate images protection laws as a first port of call, not a last resort. These laws offer procedural advantages that common law privacy claims cannot always match, such as the no proof of harm needed, reverse onus in several provinces, and defined defences.

Pleading claims for intimate images protection in layers

The stronger approach is to plead these claims in layers:

• the provincial intimate images statutory tort (for removal orders and defined damages)
• intrusion upon seclusion (Jones case, where applicable)
• public disclosure of private facts (Jane Doe 72511 case)
• intentional infliction of nervous shock, where the defendant’s conduct was deliberate and caused a recognisable psychiatric illness supported by medical evidence

Each head of claim adds to the damages picture. The statutory tort is typically the anchor, since it establishes liability quickly and enables an urgent removal order. On the other hand, the common law claims allow the damages argument to expand into psychological injury, economic loss, and reputational harm.

Pieces of evidence to support intimate images protection claims

On evidence, lawyers should gather and preserve:

• screenshots of the distributed images and any threats received
• platform analytics or evidence of how widely images spread
• medical and psychological reports diagnosing conditions such as PTSD, major depressive disorder, or anxiety arising from the distribution
• employment records showing economic loss
• evidence of the defendant’s intent or knowledge (texts, messages, or admissions)

Publication bans are automatic or available on request in every province, protecting client identity throughout the process. In BC, minors as young as 14 can apply to the CRT on their own, without a parent or guardian.

Intimate Images Protection Act: a provincial breakdown of privacy laws

Intimate images laws have developed quickly, and it is still developing. Personal injury lawyers who understand which province’s statute applies, what it covers, and how it stacks against common law claims will be far better placed to get their clients both justice and closure.

Bookmark Canadian Lawyer’s Personal Injury page for more articles on personal injury laws, including the Intimate Images Protection Act and other related laws.