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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2024-05-01 and last amended on 2024-01-14. Previous Versions

PART XVSpecial Procedure and Powers (continued)

General Powers of Certain Officials (continued)

Marginal note:Preservation order — computer data

  •  (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to preserve computer data that is in their possession or control when they receive the order.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.002

    • (a) that there are reasonable grounds to suspect that an offence has been or will be committed under this or any other Act of Parliament or has been committed under a law of a foreign state, that the computer data is in the person’s possession or control and that it will assist in the investigation of the offence; and

    • (b) that a peace officer or public officer intends to apply or has applied for a warrant or an order in connection with the investigation to obtain a document that contains the computer data.

  • Marginal note:Offence against law of foreign state

    (3) If an offence has been committed under a law of a foreign state, the justice or judge must also be satisfied that a person or authority with responsibility in that state for the investigation of such offences is conducting the investigation.

  • Marginal note:Form

    (4) The order is to be in Form 5.003.

  • Marginal note:Limitation

    (5) A person who is under investigation for an offence referred to in paragraph (2)(a) may not be made subject to an order.

  • Marginal note:Expiry of order

    (6) Unless the order is revoked earlier, it expires 90 days after the day on which it is made.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:General production order

  •  (1) Subject to sections 487.015 to 487.018, on ex parte application made by a peace officer or public officer, a justice or judge may order a person to produce a document that is a copy of a document that is in their possession or control when they receive the order, or to prepare and produce a document containing data that is in their possession or control at that time.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to believe that

    • (a) an offence has been or will be committed under this or any other Act of Parliament; and

    • (b) the document or data is in the person’s possession or control and will afford evidence respecting the commission of the offence.

  • Marginal note:Form

    (3) The order is to be in Form 5.005.

  • Marginal note:Limitation

    (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:Production order to trace specified communication

  •  (1) On ex parte application made by a peace officer or public officer for the purpose of identifying a device or person involved in the transmission of a communication, a justice or judge may order a person to prepare and produce a document containing transmission data that is related to that purpose and that is, when they are served with the order, in their possession or control.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

    • (a) an offence has been or will be committed under this or any other Act of Parliament;

    • (b) the identification of a device or person involved in the transmission of a communication will assist in the investigation of the offence; and

    • (c) transmission data that is in the possession or control of one or more persons whose identity is unknown when the application is made will enable that identification.

  • Marginal note:Form

    (3) The order is to be in Form 5.006.

  • Marginal note:Service

    (4) A peace officer or public officer may serve the order on any person who was involved in the transmission of the communication and whose identity was unknown when the application was made

    • (a) within 60 days after the day on which the order is made; or

    • (b) within one year after the day on which the order is made, in the case of an offence under section 467.11, 467.12 or 467.13, an offence committed for the benefit of, at the direction of or in association with a criminal organization, or a terrorism offence.

  • Marginal note:Limitation

    (5) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.

  • Marginal note:Report

    (6) A peace officer or public officer named in the order must provide a written report to the justice or judge who made the order as soon as feasible after the person from whom the communication originated is identified or after the expiry of the period referred to in subsection (4), whichever occurs first. The report must state the name and address of each person on whom the order was served, and the date of service.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:Production order — transmission data

  •  (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing transmission data that is in their possession or control when they receive the order.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

    • (a) an offence has been or will be committed under this or any other Act of Parliament; and

    • (b) the transmission data is in the person’s possession or control and will assist in the investigation of the offence.

  • Marginal note:Form

    (3) The order is to be in Form 5.007.

  • Marginal note:Limitation

    (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:Production order —  tracking data

  •  (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing tracking data that is in their possession or control when they receive the order.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

    • (a) an offence has been or will be committed under this or any other Act of Parliament; and

    • (b) the tracking data is in the person’s possession or control and will assist in the investigation of the offence.

  • Marginal note:Form

    (3) The order is to be in Form 5.007.

  • Marginal note:Limitation

    (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:Production order — financial data

  •  (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a financial institution, as defined in section 2 of the Bank Act, or a person or entity referred to in section 5 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, to prepare and produce a document setting out the following data that is in their possession or control when they receive the order:

    • (a) either the account number of a person named in the order or the name of a person whose account number is specified in the order;

    • (b) the type of account;

    • (c) the status of the account; and

    • (d) the date on which it was opened or closed.

  • Marginal note:Identification of person

    (2) For the purpose of confirming the identity of a person who is named or whose account number is specified in the order, the order may also require the institution, person or entity to prepare and produce a document setting out the following data that is in their possession or control:

    • (a) the date of birth of a person who is named or whose account number is specified in the order;

    • (b) that person’s current address; and

    • (c) any previous addresses of that person.

  • Marginal note:Conditions for making order

    (3) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

    • (a) an offence has been or will be committed under this or any other Act of Parliament; and

    • (b) the data is in the possession or control of the institution, person or entity and will assist in the investigation of the offence.

  • Marginal note:Form

    (4) The order is to be in Form 5.008.

  • Marginal note:Limitation

    (5) A financial institution, person or entity that is under investigation for the offence referred to in subsection (3) may not be made subject to an order.

  • 2014, c. 31, s. 20

Marginal note:Conditions in preservation and production orders

  •  (1) An order made under any of sections 487.013 to 487.018 may contain any conditions that the justice or judge considers appropriate including, in the case of an order made under section 487.014, conditions to protect a privileged communication between a person who is qualified to give legal advice and their client.

  • Marginal note:Effect of order

    (2) The order has effect throughout Canada.

  • Marginal note:Power to revoke or vary order

    (3) On ex parte application made by a peace officer or public officer, the justice or judge who made the order  —  or a judge in the judicial district where the order was made  —  may, on the basis of an information on oath in Form 5.0081, revoke or vary the order. The peace officer or public officer must give notice of the revocation or variation to the person who is subject to the order as soon as feasible.

Marginal note:Order prohibiting disclosure

  •  (1) On ex parte application made by a peace officer or public officer, a justice or judge may make an order prohibiting a person from disclosing the existence or some or all of the contents of a preservation demand made under section 487.012 or a preservation or production order made under any of sections 487.013 to 487.018 during the period set out in the order.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.009 that there are reasonable grounds to believe that the disclosure during that period would jeopardize the conduct of the investigation of the offence to which the preservation demand or the preservation or production order relates.

  • Marginal note:Form

    (3) The order is to be in Form 5.0091.

  • Marginal note:Application to revoke or vary order

    (4) A peace officer or a public officer or a person, financial institution or entity that is subject to an order made under subsection (1) may apply in writing to the justice or judge who made the order  —  or to a judge in the judicial district where the order was made  —  to revoke or vary the order.

  • 2014, c. 31, s. 20

Marginal note:Particulars — production orders

  •  (1) An order made under any of sections 487.014 and 487.016 to 487.018 must require a person, financial institution or entity to produce the document to a peace officer or public officer named in the order within the time, at the place and in the form specified in the order.

  • Marginal note:Particulars — production order to trace specified communication

    (2) An order made under section 487.015 must require a person to produce the document to a peace officer or public officer named in the order as soon as feasible after they are served with the order at the place and in the form specified in the order.

  • Marginal note:Form of production

    (3) For greater certainty, an order under any of sections 487.014 to 487.018 may specify that a document may be produced on or through an electro-magnetic medium.

  • Marginal note:Non-application

    (4) For greater certainty, sections 489.1 and 490 do not apply to a document that is produced under an order under any of sections 487.014 to 487.018.

  • Marginal note:Probative force of copies

    (5) Every copy of a document produced under section 487.014 is admissible in evidence in proceedings under this or any other Act of Parliament on proof by affidavit that it is a true copy and has the same probative force as the document would have if it were proved in the ordinary way.

  • Marginal note:Canada Evidence Act

    (6) A document that is prepared for the purpose of production is considered to be original for the purposes of the Canada Evidence Act.

  • 2014, c. 31, s. 20

Marginal note:Application for review of production order

  •  (1) Before they are required by an order made under any of sections 487.014 to 487.018 to produce a document, a person, financial institution or entity may apply in writing to the justice or judge who made the order  —  or to a judge in the judicial district where the order was made  —  to revoke or vary the order.

  • Marginal note:Notice required

    (2) The person, institution or entity may make the application only if they give notice of their intention to do so to a peace officer or public officer named in the order within 30 days after the day on which the order is made.

  • Marginal note:No obligation to produce

    (3) The person, institution or entity is not required to prepare or produce the document until a final decision is made with respect to the application.

  • Marginal note:Revocation or variation of order

    (4) The justice or judge may revoke or vary the order if satisfied that

    • (a) it is unreasonable in the circumstances to require the applicant to prepare or produce the document; or

    • (b) production of the document would disclose information that is privileged or otherwise protected from disclosure by law.

  • 2014, c. 31, s. 20
 

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