Mutual Legal Assistance in Criminal Matters Act (R.S.C., 1985, c. 30 (4th Supp.))

Act current to 2015-07-09 and last amended on 2015-03-09. Previous Versions

Marginal note:Terms and conditions

 No record or thing that has been ordered under section 20 to be sent to the state or entity mentioned in subsection 17(1) shall be so sent until the Minister is satisfied that the state or entity has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing.

  • R.S., 1985, c. 30 (4th Supp.), s. 21;
  • 1999, c. 18, s. 111.
Marginal note:Contempt of court
  •  (1) A person named in an order made under subsection 18(1) commits a contempt of court if the person refuses to answer a question or to produce a record or thing to the person designated under paragraph 18(2)(c) after a judge has ruled against the objection under paragraph 18(8)(a).

  • Marginal note:Contempt of court

    (2) If no ruling has been made under paragraph 18(8)(a), a person named in an order made under subsection 18(1) commits a contempt of court if the person refuses to answer a question or to produce a record or thing to the person designated under paragraph 18(2)(c)

    • (a) without giving the detailed statement required by subsection 18(9); or

    • (b) if the person so named was already asked the same question or requested to produce the same record or thing and the reasons on which that person based the earlier refusal were determined not to be well-founded by

      • (i) a judge, if the reasons were based on the Canadian law of non-disclosure of information or privilege, or

      • (ii) a court of the state or entity or by a person designated by the state or entity, if the reasons were based on a law that applies to the state or entity.

  • R.S., 1985, c. 30 (4th Supp.), s. 22;
  • 1999, c. 18, s. 112;
  • 2000, c. 24, s. 66.
Marginal note:Application of Criminal Code

 The Criminal Code applies, with any necessary modifications, in respect of an order made under subsection 22.03(1) in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code, except to the extent that that Act is inconsistent with this Act.

  • 2014, c. 31, s. 41.
Marginal note:Approval of request to obtain production
  •  (1) If the Minister approves a request of a state or entity to obtain an order under this Act made in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code to require the production of a record containing data, the Minister must provide a competent authority with any documents or information necessary to apply for the order.

  • Marginal note:Application for orders

    (2) The competent authority must apply ex parte for an order made in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code to a justice as defined in section 2 of the Criminal Code, a judge of a superior court of criminal jurisdiction as defined in that section or a judge of the Court of Quebec.

  • 2014, c. 31, s. 41.