This document outlines postlii.ca's procedures and obligations under Canada's Copyright Act, specifically as they relate to the Notice-and-Notice Regime introduced under the Copyright Modernization Act.
As a Canadian-based digital service provider, postlii.ca is committed to respecting the rights of copyright owners and fulfilling its obligations to respond to notices of alleged copyright infringement as required by Canadian law.
1. Legal Framework — Copyright Act of Canada
Under the Copyright Act (R.S.C., 1985, c. C-42) and subsequent amendments, internet service providers (ISPs), web hosting providers, and platforms like postlii.ca that allow user interaction or content upload are subject to specific obligations when notified of alleged copyright infringement.
The Canadian model follows a Notice-and-Notice structure — which means that when we receive a copyright infringement notice from a rights holder, we do not immediately remove or disable access to the content. Instead, our responsibility is to:
- Forward the notice to the user who allegedly posted or distributed the infringing content
- Log the notice and retain records of the alleged activity
Our discretion
postlii.ca is not required to assess the validity of the copyright claim, nor to take immediate action to remove the content unless we choose to do so voluntarily.
2. Submitting a Copyright Notice (Canada)
If you are a copyright holder (or an agent acting on their behalf) and believe that content hosted on postlii.ca violates your rights under Canadian copyright law, you may submit a written notice to our designated agent via email only.
A valid Canadian copyright infringement notice must include:
⚠️ We do not accept copyright complaints via postal mail or telephone. All notices must be submitted via email.
- The full name and contact information (email, phone, mailing address) of the person submitting the notice
- Identification of the copyrighted work(s) that are claimed to have been infringed
- Identification and location of the material that is claimed to be infringing, with enough detail (e.g. direct link, page title, or screenshot) to allow us to locate it on postlii.ca
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, their agent, or the law
- A statement that the information in the notice is accurate
- A declaration that you are the copyright owner or authorized to act on behalf of the copyright owner
- Your physical or electronic signature
3. Where to Send Notices
All Canadian copyright notices should be sent to info@postlii.ca with subject line: "Canadian Copyright Infringement Notice".
Upon receipt, we will log the notice as required by Canadian law, forward the notice to the user in question (if identifiable), and retain records of the incident for up to six months (or one year if litigation is underway).
We will not share your full contact details with the user unless legally required to do so, but the contents of your notice may be forwarded.
4. What Happens Next
When a notice is received, we forward the notice to the relevant user without editing its contents. The user may choose to remove or revise the content voluntarily. We retain logs of the notice and the related user account. We may take additional action (e.g., content removal, account restriction) at our sole discretion, even if not required.
We do not act as an arbitrator and do not resolve disputes between the complaining party and the accused user. You may pursue legal action independently if required.
5. Submitting a Response (Optional for Users)
If you are a user of postlii.ca who received a copyright notice and believe it is in error, you may respond by emailing info@postlii.ca with:
- Your name and contact details
- The title or URL of the content in question
- Your explanation of why you believe the material is not infringing (e.g. it is fair dealing, you have permission, it is original work, etc.)
Tone of responses
Please be clear and professional. Frivolous or abusive replies will not be entertained.
6. False or Misleading Notices
Submitting a false or misleading copyright infringement notice may constitute a violation of Canadian law and may expose the complainant to liability for damages, costs, and legal fees.
If you are not certain that your rights have been infringed, we recommend you consult a qualified lawyer before submitting a notice.
7. Repeat Infringements & Abuse
postlii.ca reserves the right to take additional action, including suspending or terminating accounts, if a user is found to repeatedly post infringing content, ignore forwarded copyright notices, or abuse the platform's tools to infringe third-party rights.
We may also block the creation of new accounts associated with repeat infringers.
8. Additional Information & Disclaimer
This policy is published in accordance with the Notice-and-Notice regime under the Canadian Copyright Act and is designed to balance the interests of rights holders and users.
This document is not a substitute for legal advice. If you are unsure of your rights or obligations under copyright law, consult a qualified legal professional.
For all notices and responses, please contact info@postlii.ca. This policy is subject to change. Please check this page regularly for updates.