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Criminal Code

Version of section 492.1 from 2019-09-19 to 2024-03-20:


Marginal note:Warrant for tracking device — transactions and things

  •  (1) A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed under this or any other Act of Parliament and that tracking the location of one or more transactions or the location or movement of a thing, including a vehicle, will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain that tracking data by means of a tracking device.

  • Marginal note:Warrant for tracking device — individuals

    (2) A justice or judge who is satisfied by information on oath that there are reasonable grounds to believe that an offence has been or will be committed under this or any other Act of Parliament and that tracking an individual’s movement by identifying the location of a thing that is usually carried or worn by the individual will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain that tracking data by means of a tracking device.

  • Marginal note:Scope of warrant

    (3) The warrant authorizes the peace officer or public officer, or a person acting under their direction, to install, activate, use, maintain, monitor and remove the tracking device, including covertly.

  • Marginal note:Conditions

    (4) A warrant may contain any conditions that the justice or judge considers appropriate, including conditions to protect a person’s interests.

  • Marginal note:Period of validity

    (5) Subject to subsection (6), a warrant is valid for the period specified in it as long as that period ends no more than 60 days after the day on which the warrant is issued.

  • Marginal note:Period of validity — organized crime and terrorism offence

    (6) A warrant is valid for the period specified in it as long as that period ends no more than one year after the day on which the warrant is issued, if the warrant relates to

    • (a) an offence under any of sections 467.11 to 467.13;

    • (b) an offence committed for the benefit of, at the direction of, or in association with a criminal organization; or

    • (c) a terrorism offence.

  • Marginal note:Execution in Canada

    (6.1) A warrant issued under this section may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

  • Marginal note:Removal after expiry of warrant

    (7) On ex parte application supported by an affidavit, the justice or judge who issued a warrant or another justice or judge who has jurisdiction to issue such warrants may authorize the covert removal of the tracking device after the expiry of the warrant under any conditions that the justice or judge considers advisable in the public interest. The authorization is valid for the period specified in it as long as that period is not more than 90 days.

  • Marginal note:Definitions

    (8) The following definitions apply in this section.

    data

    data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. (données)

    judge

    judge means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. (juge)

    public officer

    public officer means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament. (fonctionnaire public)

    tracking data

    tracking data means data that relates to the location of a transaction, individual or thing. (données de localisation)

    tracking device

    tracking device means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record tracking data or to transmit it by a means of telecommunication. (dispositif de localisation)

  • 1993, c. 40, s. 18
  • 1999, c. 5, s. 18
  • 2014, c. 31, s. 23
  • 2019, c. 25, s. 207

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