Again, this offence was constructed or modelled very much in the manner of the voyeurism offence. When you think of a voyeuristic picture, it could just be a nude picture of a person. On its face, it's not illegal. Unless intimate images are child pornography, on their face they are just legal pornography. If a service provider like Facebook or Google or whoever was dealing with this one, an ISP in Canada—Bell Canada or Rogers—found a picture like this, they would have no way of knowing it's an intimate image. There is a mechanism in the law that allows a person to make an application to a court for a judge to determine that it's an intimate image, and that judge can order that the image taken down if the image resides on servers in Canada.
