Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-08-04 and last amended on 2015-07-23. Previous Versions

Marginal note:Preservation demand
  •  (1) A peace officer or public officer may make a demand to a person in Form 5.001 requiring them to preserve computer data that is in their possession or control when the demand is made.

  • Marginal note:Conditions for making demand

    (2) The peace officer or public officer may make the demand only if they have reasonable grounds to suspect that

    • (a) 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;

    • (b) in the case of an offence committed under a law of a foreign state, an investigation is being conducted by a person or authority with responsibility in that state for the investigation of such offences; and

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

  • Marginal note:Limitation

    (3) A demand may not be made to a person who is under investigation for the offence referred to in paragraph (2)(a).

  • Marginal note:Expiry and revocation of demand

    (4) A peace officer or public officer may revoke the demand by notice given to the person at any time. Unless the demand is revoked earlier, the demand expires

    • (a) in the case of an offence that has been or will be committed under this or any other Act of Parliament, 21 days after the day on which it is made; and

    • (b) in the case of an offence committed under a law of a foreign state, 90 days after the day on which it is made.

  • Marginal note:Conditions in demand

    (5) The peace officer or public officer who makes the demand may impose any conditions in the demand that they consider appropriate  — including conditions prohibiting the disclosure of its existence or some or all of its contents  — and may revoke a condition at any time by notice given to the person.

  • Marginal note:No further demand

    (6) A peace officer or public officer may not make another demand requiring the person to preserve the same computer data in connection with the investigation.

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