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.
On May 1st, 2014. See this statement in context.