Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-07-09 and last amended on 2015-06-23. Previous Versions

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 and, for greater certainty, no endorsement is needed for the order to be effective in a territorial division that is not the one in which the order is made.

  • 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.

  • 2014, c. 31, s. 20.
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.