Protecting Canadians from Online Crime Act (S.C. 2014, c. 31)

Assented to 2014-12-09

Protecting Canadians from Online Crime Act

S.C. 2014, c. 31

Assented to 2014-12-09

An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act

SUMMARY

This enactment amends the Criminal Code to provide, most notably, for

  • (a) a new offence of non-consensual distribution of intimate images as well as complementary amendments to authorize the removal of such images from the Internet and the recovery of expenses incurred to obtain the removal of such images, the forfeiture of property used in the commission of the offence, a recognizance order to be issued to prevent the distribution of such images and the restriction of the use of a computer or the Internet by a convicted offender;

  • (b) the power to make preservation demands and orders to compel the preservation of electronic evidence;

  • (c) new production orders to compel the production of data relating to the transmission of communications and the location of transactions, individuals or things;

  • (d) a warrant that will extend the current investigative power for data associated with telephones to transmission data relating to all means of telecommunications;

  • (e) warrants that will enable the tracking of transactions, individuals and things and that are subject to legal thresholds appropriate to the interests at stake; and

  • (f) a streamlined process of obtaining warrants and orders related to an authorization to intercept private communications by ensuring that those warrants and orders can be issued by a judge who issues the authorization and by specifying that all documents relating to a request for a related warrant or order are automatically subject to the same rules respecting confidentiality as the request for authorization.

The enactment amends the Canada Evidence Act to ensure that the spouse is a competent and compellable witness for the prosecution with respect to the new offence of non-consensual distribution of intimate images.

It also amends the Competition Act to make applicable, for the purpose of enforcing certain provisions of that Act, the new provisions being added to the Criminal Code respecting demands and orders for the preservation of computer data and orders for the production of documents relating to the transmission of communications or financial data. It also modernizes the provisions of the Act relating to electronic evidence and provides for more effective enforcement in a technologically advanced environment.

Lastly, it amends the Mutual Legal Assistance in Criminal Matters Act to make some of the new investigative powers being added to the Criminal Code available to Canadian authorities executing incoming requests for assistance and to allow the Commissioner of Competition to execute search warrants under the Mutual Legal Assistance in Criminal Matters Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Protecting Canadians from Online Crime Act.

R.S., c. C-46CRIMINAL CODE

 Section 4 of the Criminal Code is amended by adding the following after subsection (7):

  • Marginal note:Means of telecommunication

    (8) For greater certainty, for the purposes of this Act, if the elements of an offence contain an explicit or implicit element of communication without specifying the means of communication, the communication may also be made by a means of telecommunication.

 The Act is amended by adding the following after section 162:

Marginal note:Publication, etc., of an intimate image without consent
  • 162.1 (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty

    • (a) of an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) of an offence punishable on summary conviction.

  • Definition of “intimate image”

    (2) In this section, intimate image means a visual recording of a person made by any means including a photographic, film or video recording,

    • (a) in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity;

    • (b) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and

    • (c) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed.

  • Marginal note:Defence

    (3) No person shall be convicted of an offence under this section if the conduct that forms the subject-matter of the charge serves the public good and does not extend beyond what serves the public good.

  • Marginal note:Question of fact and law, motives

    (4) For the purposes of subsection (3),

    • (a) it is a question of law whether the conduct serves the public good and whether there is evidence that the conduct alleged goes beyond what serves the public good, but it is a question of fact whether the conduct does or does not extend beyond what serves the public good; and

    • (b) the motives of an accused are irrelevant.

Marginal note:Prohibition order
  • 162.2 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection 162.1(1), the court that sentences or discharges the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court.

  • Marginal note:Duration of prohibition

    (2) The prohibition may be for any period that the court considers appropriate, including any period to which the offender is sentenced to imprisonment.

  • Marginal note:Court may vary order

    (3) A court that makes an order of prohibition or, if the court is for any reason unable to act, another court of equivalent jurisdiction in the same province may, on application of the offender or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, that court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances after the conditions were prescribed.

  • Marginal note:Offence

    (4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term of not more than two years; or

    • (b) an offence punishable on summary conviction.

Marginal note:1993, c. 46, s. 3(1); 1997, c. 18, s. 5; 2005, c. 32, ss. 8(1)(F) and 8(2)
  •  (1) Subsection 164(1) of the Act is replaced by the following:

    Marginal note:Warrant of seizure
    • 164. (1) A judge may issue a warrant authorizing seizure of copies of a recording, a publication, a representation or of written materials if the judge is satisfied by information on oath that there are reasonable grounds for believing that

      • (a) the recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is a voyeuristic recording;

      • (b) the recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is an intimate image;

      • (c) the publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene or a crime comic, within the meaning of section 163; or

      • (d) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child pornography within the meaning of section 163.1.

  • Marginal note:2005, c. 32, s. 8(3)

    (2) Subsections 164(3) to (5) of the Act are replaced by the following:

    • Marginal note:Owner and maker may appear

      (3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, a crime comic, child pornography, a voyeuristic recording or an intimate image, may appear and be represented in the proceedings in order to oppose the making of an order for the forfeiture of the matter.

    • Marginal note:Order of forfeiture

      (4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography, a voyeuristic recording or an intimate image, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

    • Marginal note:Disposal of matter

      (5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography, a voyeuristic recording or an intimate image, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

  • Marginal note:2005, c. 32, s. 8(4)

    (3) Subsection 164(7) of the Act is replaced by the following:

    • Marginal note:Consent

      (7) If an order is made under this section by a judge in a province with respect to one or more copies of a publication, a representation, written material or a recording, no proceedings shall be instituted or continued in that province under section 162, 162.1, 163 or 163.1 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General.

  • (4) Subsection 164(8) of the Act is amended by adding the following in alphabetical order:

    “intimate image”

    « image intime »

    “intimate image” has the same meaning as in subsection 162.1(2).

Marginal note:2005, c. 32, s. 9(1)
  •  (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Warrant of seizure
    • 164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material  —  namely child pornography within the meaning of section 163.1, a voyeuristic recording or an intimate image within the meaning of subsection 164(8) or computer data within the meaning of subsection 342.1(2) that makes child pornography, a voyeuristic recording or an intimate image available  —  that is stored on and made available through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

  • Marginal note:2005, c. 32, s. 9(2)

    (2) Subsection 164.1(5) of the Act is replaced by the following:

    • Marginal note:Order

      (5) If the court is satisfied, on a balance of probabilities, that the material is child pornography within the meaning of section 163.1, a voyeuristic recording or an intimate image within the meaning of subsection 164(8) or computer data within the meaning of subsection 342.1(2) that makes child pornography, the voyeuristic recording or the intimate image available, it may order the custodian of the computer system to delete the material.

  • Marginal note:2005, c. 32, s. 9(3)

    (3) Subsection 164.1(7) of the Act is replaced by the following:

    • Marginal note:Return of material

      (7) If the court is not satisfied that the material is child pornography within the meaning of section 163.1, a voyeuristic recording or intimate image within the meaning of subsection 164(8) or computer data within the meaning of subsection 342.1(2) that makes child pornography, the voyeuristic recording or the intimate image available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).

Marginal note:2012, c. 1, s. 18

 The portion of subsection 164.2(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Forfeiture after conviction
  • 164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 162.1, 163.1, 172.1 or 172.2, in addition to any other punishment that it may impose, may order that anything — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing

  •  (1) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xxvii.1):

    • (xxvii.2) section 162.1 (intimate image),

  • Marginal note:2004, c. 15, s. 108

    (2) Subparagraph (a)(lviii) of the definition “offence” in section 183 of the Act is replaced by the following:

    • (lviii) section 342.2 (possession of device to obtain unauthorized use of computer system or to commit mischief),

  • Marginal note:2004, c. 15, s. 108

    (3) Subparagraph (a)(lxvii) of the definition “offence” in section 183 of the Act is replaced by the following:

    • (lxvii) section 372 (false information),

 Section 184.2 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Related warrant or order

    (5) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order is related to the execution of the authorization.

 Section 186 of the Act is amended by adding the following after subsection (7):

  • Marginal note:Related warrant or order

    (8) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order is related to the execution of the authorization.

 Section 187 of the Act is amended by adding the following after subsection (7):

  • Marginal note:Documents to be kept secret — related warrant or order

    (8) The rules provided for in this section apply to all documents relating to a request for a related warrant or order referred to in subsection 184.2(5), 186(8) or 188(6) with any necessary modifications.

 Section 188 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Related warrant or order

    (6) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order is related to the execution of the authorization, that the urgency of the situation requires the warrant or the order and that it can be reasonably executed or complied with within 36 hours.

Marginal note:2004, c. 14, s. 1

 Subsection 318(4) of the Act is replaced by the following:

  • Definition of “identifiable group”

    (4) In this section, “identifiable group” means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, or mental or physical disability.

Marginal note:2001, c. 41, s. 10
  •  (1) The portion of subsection 320.1(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Warrant of seizure
    • 320.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material that is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

  • Marginal note:2001, c. 41, s. 10

    (2) Subsection 320.1(5) of the Act is replaced by the following:

    • Marginal note:Order

      (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material.

  • Marginal note:2001, c. 41, s. 10

    (3) Subsection 320.1(7) of the Act is replaced by the following:

    • Marginal note:Return of material

      (7) If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).

  •  (1) Paragraph 326(1)(b) of the French version of the Act is replaced by the following:

    • b) soit utilise une installation de télécommunication ou obtient un service de télécommunication.

  • (2) Subsection 326(2) of the Act is repealed.

 Section 327 of the Act is replaced by the following:

Marginal note:Possession, etc., of device to obtain use of telecommunication facility or telecommunication service
  • 327. (1) Everyone who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used for that purpose, is

    • (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or

    • (b) guilty of an offence punishable on summary conviction.

  • Marginal note:Forfeiture

    (2) If a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs.

  • Marginal note:Limitation

    (3) No order for forfeiture is to be made in respect of telecommunication facilities or equipment by means of which an offence under subsection (1) is committed if they are owned by a person engaged in providing a telecommunication service to the public or form part of such a person’s telecommunication service or system and that person is not a party to the offence.

  • Definition of “device”

    (4) In this section, “device” includes

    • (a) a component of a device; and

    • (b) a computer program within the meaning of subsection 342.1(2).

Marginal note:R.S., c. 27 (1st Supp.), s. 45; 1997, c. 18, s. 18(1)
  •  (1) Subsection 342.1(1) of the Act is replaced by the following:

    Marginal note:Unauthorized use of computer
    • 342.1 (1) Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction who, fraudulently and without colour of right,

      • (a) obtains, directly or indirectly, any computer service;

      • (b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;

      • (c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or under section 430 in relation to computer data or a computer system; or

      • (d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c).

  • Marginal note:R.S., c. 27 (1st Supp.), s. 45

    (2) The definition “data” in subsection 342.1(2) of the Act is repealed.

  • Marginal note:R.S., c. 27 (1st Supp.), s. 45; 1997, c. 18, s. 18(2)

    (3) The definitions “computer password”, “computer program”, “computer service” and “computer system” in subsection 342.1(2) of the Act are replaced by the following:

    “computer password”

    « mot de passe »

    “computer password” means any computer data by which a computer service or computer system is capable of being obtained or used;

    “computer program”

    « programme d’ordinateur »

    “computer program” means computer data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function;

    “computer service”

    « service d’ordinateur »

    “computer service” includes data processing and the storage or retrieval of computer data;

    “computer system”

    « ordinateur »

    “computer system” means a device that, or a group of interconnected or related devices one or more of which,

    • (a) contains computer programs or other computer data, and

    • (b) by means of computer programs,

      • (i) performs logic and control, and

      • (ii) may perform any other function;

  • (4) Subsection 342.1(2) of the Act is amended by adding the following in alphabetical order:

    “computer data”

    « données informatiques »

    “computer data” means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system;

Marginal note:1997, c. 18, s. 19
  •  (1) Subsections 342.2(1) and (2) of the Act are replaced by the following:

    Marginal note:Possession of device to obtain unauthorized use of computer system or to commit mischief
    • 342.2 (1) Everyone who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to commit an offence under section 342.1 or 430, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to commit such an offence, is

      • (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or

      • (b) guilty of an offence punishable on summary conviction.

    • Marginal note:Forfeiture

      (2) If a person is convicted of an offence under subsection (1), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs.

  • (2) Section 342.2 of the Act is amended by adding the following after subsection (3):

    • Definition of “device”

      (4) In this section, “device” includes

      • (a) a component of a device; and

      • (b) a computer program within the meaning of subsection 342.1(2).

 Sections 371 and 372 of the Act are replaced by the following:

Marginal note:Message in false name

371. Everyone who, with intent to defraud, causes a message to be sent as if it were sent under the authority of another person, knowing that it is not sent under that authority and with intent that it should be acted on as if it were, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

Marginal note:False information
  • 372. (1) Everyone commits an offence who, with intent to injure or alarm a person, conveys information that they know is false, or causes such information to be conveyed by letter or any means of telecommunication.

  • Marginal note:Indecent communications

    (2) Everyone commits an offence who, with intent to alarm or annoy a person, makes an indecent communication to that person or to any other person by a means of telecommunication.

  • Marginal note:Harassing communications

    (3) Everyone commits an offence who, without lawful excuse and with intent to harass a person, repeatedly communicates, or causes repeated communications to be made, with them by a means of telecommunication.

  • Marginal note:Punishment

    (4) Everyone who commits an offence under this section is

    • (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or

    • (b) guilty of an offence punishable on summary conviction.

Marginal note:R.S., c. 27 (1st Supp.), s. 57(1)
  •  (1) Subsection 430(1.1) of the Act is replaced by the following:

    • Marginal note:Mischief in relation to computer data

      (1.1) Everyone commits mischief who wilfully

      • (a) destroys or alters computer data;

      • (b) renders computer data meaningless, useless or ineffective;

      • (c) obstructs, interrupts or interferes with the lawful use of computer data; or

      • (d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.

  • Marginal note:R.S., c. 27 (1st Supp.), s. 57(2)

    (2) The portion of subsection 430(5) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Mischief in relation to computer data

      (5) Everyone who commits mischief in relation to computer data

  • Marginal note:R.S., c. 27 (1st Supp.), s. 57(2)

    (3) The portion of subsection 430(5.1) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Offence

      (5.1) Everyone who wilfully does an act or wilfully omits to do an act that it is their duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or computer data,

  • Marginal note:R.S., c. 27 (1st Supp.), s. 57(3)

    (4) Subsection 430(8) of the Act is replaced by the following:

    • Definition of “computer data”

      (8) In this section, “computer data” has the same meaning as in subsection 342.1(2).

Marginal note:1997, c. 18, s. 43; 2004, c. 3, s. 7

 Sections 487.011 to 487.02 of the Act are replaced by the following:

Marginal note:Definitions

487.011 The following definitions apply in this section and in sections 487.012 to 487.0199.

“computer data”

« données informatiques »

“computer data” has the same meaning as in subsection 342.1(2).

“data”

« données »

“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.

“document”

« document »

“document” means a medium on which data is registered or marked.

“judge”

« juge »

“judge” means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec.

“public officer”

« fonctionnaire public »

“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 Act or any other Act of Parliament.

“tracking data”

« données de localisation »

“tracking data” means data that relates to the location of a transaction, individual or thing.

“transmission data”

« données de transmission »

“transmission data” means data that

  • (a) relates to the telecommunication functions of dialling, routing, addressing or signalling;

  • (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and

  • (c) does not reveal the substance, meaning or purpose of the communication.

Marginal note:Preservation demand
  • 487.012 (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.

Marginal note:Preservation order — computer data
  • 487.013 (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.

Marginal note:General production order
  • 487.014 (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.

Marginal note:Production order to trace specified communication
  • 487.015 (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.

Marginal note:Production order — transmission data
  • 487.016 (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.

Marginal note:Production order —  tracking data
  • 487.017 (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.

Marginal note:Production order — financial data
  • 487.018 (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.

Marginal note:Conditions in preservation and production orders
  • 487.019 (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.

Marginal note:Order prohibiting disclosure
  • 487.0191 (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.

Marginal note:Particulars — production orders
  • 487.0192 (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.

Marginal note:Application for review of production order
  • 487.0193 (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.

Marginal note:Destruction of preserved computer data and documents — preservation demand
  • 487.0194 (1) A person to whom a preservation demand is made under section 487.012 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section as soon as feasible after the demand expires or is revoked, unless they are subject to an order made under any of sections 487.013 to 487.017 with respect to the computer data.

  • Marginal note:Destruction of preserved computer data and documents — preservation order

    (2) A person who is subject to a preservation order made under section 487.013 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section as soon as feasible after the order expires or is revoked, unless they are subject to a new preservation order or to a production order made under any of sections 487.014 to 487.017 with respect to the computer data.

  • Marginal note:Destruction of preserved computer data and documents — production order

    (3) A person who is subject to a production order made under any of sections 487.014 to 487.017 with respect to computer data that they preserved under a preservation demand or order made under section 487.012 or 487.013 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section as soon as feasible after the earlier of

    • (a) the day on which the production order is revoked, and

    • (b) the day on which a document that contains the computer data is produced under the production order.

  • Marginal note:Destruction of preserved computer data and documents — warrant

    (4) Despite subsections (1) to (3), a person who preserved computer data under a preservation demand or order made under section 487.012 or 487.013 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section when a document that contains the computer data is obtained under a warrant.

Marginal note:For greater certainty
  • 487.0195 (1) For greater certainty, no preservation demand, preservation order or production order is necessary for a peace officer or public officer to ask a person to voluntarily preserve data that the person is not prohibited by law from preserving or to voluntarily provide a document to the officer that the person is not prohibited by law from disclosing.

  • Marginal note:No civil or criminal liability

    (2) A person who preserves data or provides a document in those circumstances does not incur any criminal or civil liability for doing so.

Marginal note:Self-incrimination

487.0196 No one is excused from complying with an order made under any of sections 487.014 to 487.018 on the ground that the document that they are required to produce may tend to incriminate them or subject them to a proceeding or penalty. However, no document that an individual is required to prepare may be used or received in evidence against them in a criminal proceeding that is subsequently instituted against them, other than a prosecution for an offence under section 132, 136 or 137.

Marginal note:Offence — preservation demand

487.0197 A person who contravenes a preservation demand made under section 487.012 without lawful excuse is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $5,000.

Marginal note:Offence — preservation or production order

487.0198 A person, financial institution or entity that contravenes an order made under any of sections 487.013 to 487.018 without lawful excuse is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $250,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Offence — destruction of preserved data

487.0199 A person who contravenes section 487.0194 without lawful excuse is guilty of an offence punishable on summary conviction.

Marginal note:Assistance order

487.02 If an authorization is given under section 184.2, 184.3, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person’s assistance may reasonably be considered to be required to give effect to the authorization or warrant.

Marginal note:Review
  • 487.021 (1) Within seven years after the coming into force of this section, a comprehensive review of the provisions and operation of sections 487.011 to 487.02 shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose.

  • Marginal note:Report

    (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends.

Marginal note:1995, c. 27, s. 1

 The heading before section 487.1 of the Act is replaced by the following:

Other Provisions Respecting Search Warrants, Preservation Orders and Production Orders

Marginal note:2004, c. 3, s. 8(1)
  •  (1) The portion of subsection 487.3(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Order denying access to information
    • 487.3 (1) On application made at the time an application is made for a warrant under this or any other Act of Parliament, an order under any of sections 487.013 to 487.018 or an authorization under section 529 or 529.4, or at a later time, a justice, a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec may make an order prohibiting access to, and the disclosure of, any information relating to the warrant, order or authorization on the ground that

  • Marginal note:1997, c. 23, s. 14

    (2) Paragraph 487.3(1)(b) of the English version of the Act is replaced by the following:

    • (b) the reason referred to in paragraph (a) outweighs in importance the access to the information.

Marginal note:1993, c. 40, s. 18; 1999, c. 5, ss. 18 and 19

 Sections 492.1 and 492.2 of the Act are replaced by the following:

Marginal note:Warrant for tracking device — transactions and things
  • 492.1 (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: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”

    « données »

    “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.

    “judge”

    « juge »

    “judge” means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec.

    “public officer”

    « fonctionnaire public »

    “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.

    “tracking data”

    « données de localisation »

    “tracking data” means data that relates to the location of a transaction, individual or thing.

    “tracking device”

    « dispositif de localisation »

    “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.

Marginal note:Warrant for transmission data recorder
  • 492.2 (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 against this or any other Act of Parliament and that transmission data will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain the transmission data by means of a transmission data recorder.

  • Marginal note:Scope of warrant

    (2) 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 transmission data recorder, including covertly.

  • Marginal note:Limitation

    (3) No warrant shall be issued under this section for the purpose of obtaining tracking data.

  • Marginal note:Period of validity

    (4) Subject to subsection (5), 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 or terrorism offence

    (5) The 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:Definitions

    (6) The following definitions apply in this section.

    “data”

    « données »

    “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.

    “judge”

    « juge »

    “judge” means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec.

    “public officer”

    « fonctionnaire public »

    “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.

    “transmission data”

    « données de transmission »

    “transmission data” means data that

    • (a) relates to the telecommunication functions of dialling, routing, addressing or signalling;

    • (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and

    • (c) does not reveal the substance, meaning or purpose of the communication.

    “transmission data recorder”

    « enregistreur de données de transmission »

    “transmission data recorder” means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record transmission data or to transmit it by a means of telecommunication.

 Subsection 738(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e) in the case of an offence under subsection 162.1(1), by paying to a person who, as a result of the offence, incurs expenses to remove the intimate image from the Internet or other digital network, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable.

 Subsection 810(1) of the Act is replaced by the following:

Marginal note:If injury or damage feared
  • 810. (1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person

    • (a) will cause personal injury to him or her or to his or her spouse or common-law partner or child or will damage his or her property; or

    • (b) will commit an offence under section 162.1.

 Part XXVIII of the Act is amended by adding the following after Form 5:

FORM 5.001(Subsection 487.012(1))PRESERVATION DEMAND

Canada,

Province of

(territorial division)

To (name of person), of :

Because I have reasonable grounds to suspect that the computer data specified below is in your possession or control and that that computer data

will assist in the investigation of an offence that has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament),

(or)

will assist in the investigation of an offence that has been committed under (specify the provision of the law of the foreign state) that is being conducted by a person or authority, (name of person or authority), with responsibility in (specify the name of the foreign state) for the investigation of such offences,

you are required to preserve (specify the computer data) that is in your possession or control when you receive this demand until (insert date) unless, before that date, this demand is revoked or a document that contains that data is obtained under a warrant or an order.

This demand is subject to the following conditions:

If you contravene this demand without lawful excuse, you may be subject to a fine.

You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code. If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.

(Signature of peace officer or public officer)

FORM 5.002(Subsection 487.013(2))INFORMATION TO OBTAIN A PRESERVATION ORDER

Canada,

Province of

(territorial division)

This is the information of (name of peace officer or public officer), of (“the informant”).

The informant says that they have reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) (or has been committed under (specify the provision of the law of the foreign state)) and that (specify the computer data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.

The informant also says that a peace officer or public officer intends to apply or has applied for a warrant or order in connection with the investigation to obtain a document that contains the computer data (and, if applicable, and that (name of person or authority) is conducting the investigation and has responsibility for the investigation of such offences in (insert the name of the foreign state)).

The reasonable grounds are: (including, if applicable, whether a preservation demand was made under section 487.012 of the Criminal Code)

The informant therefore requests that (name of the person) be ordered to preserve (specify the computer data) that is in their possession or control when they receive the order for 90 days after the day on which the order is made.

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

FORM 5.003(Subsection 487.013(4))PRESERVATION ORDER

Canada,

Province of

(territorial division)

To (name of person), of :

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of ,

  • (a) that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) (or has been committed under (specify the provision of the law of the foreign state)) and that (specify the computer data) is in your possession or control and 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 order to obtain a document that contains the computer data (and, if applicable, and that (name of person or authority) is conducting the investigation and has responsibility for the investigation of such offences in (insert the name of the foreign state));

Therefore, you are required to preserve the specified computer data that is in your possession or control when you receive this order until (insert date) unless, before that date, this order is revoked or a document that contains that data is obtained under a warrant or an order.

This order is subject to the following conditions:

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code. If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

FORM 5.004(Subsections 487.014(2), 487.015(2), 487.016(2), 487.017(2) and 487.018(3))INFORMATION TO OBTAIN A PRODUCTION ORDER

Canada,

Province of

(territorial division)

This is the information of (name of peace officer or public officer), of (“the informant”).

The informant says that they have reasonable grounds to suspect (or, if the application is for an order under section 487.014 of the Criminal Code, reasonable grounds to believe)

  • (a) that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament); and

  • (b) (if the application is for an order under section 487.014 of the Criminal Code) that (specify the document or data) is in the possession or control of (name of the person) and will afford evidence respecting the commission of the offence.

(or)

  • (b) (if the application is for an order under section 487.015 of the Criminal Code) that the identification of a device or person involved in the transmission of (specify the communication) will assist in the investigation of the offence and that (specify the transmission data) that is in the possession or control of one or more persons whose identity is unknown will enable that identification.

(or)

  • (b) (if the application is for an order under section 487.016 of the Criminal Code) that (specify the transmission data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.

(or)

  • (b) (if the application is for an order under section 487.017 of the Criminal Code) that (specify the tracking data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.

(or)

  • (b) (if the application is for an order under section 487.018 of the Criminal Code) that (specify the data) is in the possession or control of (name of the financial institution, person or entity) and will assist in the investigation of the offence.

The reasonable grounds are:

The informant therefore requests

(if the application is for an order under section 487.014 of the Criminal Code) that (name of the person) be ordered to produce a document that is a copy of (specify the document) that is in their possession or control when they receive the order (and/or to prepare and produce a document containing (specify the data) that is in their possession or control when they receive the order).

(or)

(if the application is for an order under section 487.015 of the Criminal Code) that a person who is served with the order in accordance with subsection 487.015(4) of the Criminal Code be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they are served with the order.

(or)

(if the application is for an order under section 487.016 of the Criminal Code) that (name of the person) be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they receive the order.

(or)

(if the application is for an order under section 487.017 of the Criminal Code) that (name of the person) be ordered to prepare and produce a document containing (specify the tracking data) that is in their possession or control when they receive the order.

(or)

(if the application is for an order under section 487.018 of the Criminal Code) that (name of the financial institution, person or entity) be ordered to prepare and produce a document setting out (specify the data) that is in their possession or control when they receive the order.

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

FORM 5.005(Subsection 487.014(3))PRODUCTION ORDER FOR DOCUMENTS

Canada,

Province of

(territorial division)

To (name of person), of :

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of , that there are reasonable grounds to believe that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (specify the document or data) is in your possession or control and will afford evidence respecting the commission of the offence;

Therefore, you are ordered to

produce a document that is a copy of (specify the document) that is in your possession or control when you receive this order

(and/or)

prepare and produce a document containing (specify the data) that is in your possession or control when you receive this order.

The document must be produced to (name of peace officer or public officer) within (time) at (place) in (form).

This order is subject to the following conditions:

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

FORM 5.006(Subsection 487.015(3))PRODUCTION ORDER TO TRACE A COMMUNICATION

Canada,

Province of

(territorial division)

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of , that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament), that the identification of a device or person involved in the transmission of (specify the communication) will assist in the investigation of the offence and that one or more persons whose identity was unknown when the application was made have possession or control of (specify the transmission data) that will enable that identification;

Therefore, on being served with this order in accordance with subsection 487.015(4) of the Criminal Code, you are ordered to prepare and produce a document containing (specify the transmission data) that is in your possession or control when you are served with this order.

The document must be produced to (name of peace officer or public officer) as soon as feasible at (place) in (form).

This order is subject to the following conditions:

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

Served on (name of person) on (date), at (place).

(Signature of peace officer or public officer)

(Signature of person served)

FORM 5.007(Subsections 487.016(3) and 487.017(3))PRODUCTION ORDER FOR TRANSMISSION DATA OR TRACKING DATA

Canada,

Province of

(territorial division)

To (name of person), of :

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of , that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (if the order is made under section 487.016 of theCriminal Code, specify the transmission data) (or, if the order is made under section 487.017 of the Criminal Code, specify the tracking data) is in your possession or control and will assist in the investigation of the offence;

Therefore, you are ordered to prepare and produce a document containing the data specified that is in your possession or control when you receive this order.

The document must be produced to (name of peace officer or public officer) within (time) at (place) in (form).

This order is subject to the following conditions:

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

FORM 5.008(Subsection 487.018(4))PRODUCTION ORDER FOR FINANCIAL DATA

Canada,

Province of

(territorial division)

To (name of financial institution, person or entity), of :

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of , that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (specify the data) is in your possession or control and will assist in the investigation of the offence;

Therefore, you are ordered to prepare and produce a document setting out (specify the data) that is in your possession or control when you receive this order.

The document must be produced to (name of the peace officer or public officer) within (time) at (place) in (form).

This order is subject to the following conditions:

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

FORM 5.0081(Subsection 487.019(3))INFORMATION TO REVOKE OR VARY AN ORDER MADE UNDER ANY OF SECTIONS 487.013 TO 487.018 OF THE CRIMINAL CODE

Canada,

Province of

(territorial division)

This is the information of (name of peace officer or public officer), of (“the informant”).

The informant says that on or after (insert date) the informant became aware of the following facts that justify the revocation (or variation) of an order made on (insert date) under (specify the provision of the Criminal Code):

The informant therefore requests that the order be revoked (or be varied as follows: ).

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

FORM 5.009(Subsection 487.0191(2))INFORMATION TO OBTAIN A NON-DISCLOSURE ORDER

Canada,

Province of

(territorial division)

This is the information of (name of peace officer or public officer), of (“the informant”).

The informant says that they have reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the following portion or portions) of (identify the preservation demand made under section 487.012 of the Criminal Code, the preservation order made under section 487.013 of that Act or the production order made under any of sections 487.014 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates:

(specify portion or portions)

The reasonable grounds are:

The informant therefore requests an order prohibiting (name of the person, financial institution or entity) from disclosing the existence (or any of the contents or any of the specified portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which the order is made.

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

FORM 5.0091(Subsection 487.0191(3))NON-DISCLOSURE ORDER

Canada,

Province of

(territorial division)

To (name of person, financial institution or entity), of :

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of , that there are reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the portion or portions, specified in the information,) of (identify the preservation demand made under section 487.012 of the Criminal Code, the preservation order made under section 487.013 of that Act or the production order made under any of sections 487.014 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates;

Therefore, you are prohibited from disclosing the existence (or any of the contents or any of the following portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which this order is made.

(specify portion or portions)

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

R.S. c. C-5CANADA EVIDENCE ACT

 Subsection 4(2) of the Canada Evidence Act is amended by replacing “160(2) or (3)” with “160(2) or (3) or 162.1(1)”.

R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19COMPETITION ACT

Marginal note:R.S., c. 19 (2nd Supp.), s. 20(3)
  •  (1) The definition “record” in subsection 2(1) of the Competition Act is replaced by the following:

    “record”

    « document »

    “record” means a medium on which information is registered or marked;

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    “computer system”

    « ordinateur »

    “computer system” has the same meaning as in subsection 342.1(2) of the Criminal Code;

    “data”

    « données »

    “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;

    “information”

    « renseignement »

    “information” includes data;

 The Act is amended by adding the following after section 14:

Marginal note:Application of Criminal Code — preservation demand and orders for preservation or production of data
  • 14.1 (1) Sections 487.012, 487.013, 487.015, 487.016 and 487.018 of the Criminal Code, which apply to the investigation of offences under any Act of Parliament, also apply, with any modifications that the circumstances require,

    • (a) to an investigation in relation to a contravention of an order made under section 32, 33 or 34 or Part VII.1 or VIII; or

    • (b) to an investigation in relation to whether grounds exist for the making of an order under Part VII.1 or VIII.

  • Marginal note:Clarification

    (2) The provisions of the Criminal Code referred to in subsection (1) apply whether or not an inquiry has been commenced under section 10.

Marginal note:R.S., c. 19 (2nd Supp.), s. 24

 Subsection 16(6) of the Act is repealed.

Marginal note:R.S., c. 19 (2nd Supp.), s. 24

 Subsection 20(2) of the Act is replaced by the following:

  • Marginal note:Copies

    (2) Copies of any records referred to in subsection (1), made by any process of reproduction, on proof orally or by affidavit that they are true copies, are admissible in evidence in any proceedings under this Act and have the same probative force as the original.

Marginal note:2002, c. 16, s. 3

 The definition “data” in section 30 of the Act is repealed.

Marginal note:1999, c. 2, s. 12(1)

 Paragraph 52(2)(d) of the Act is replaced by the following:

  • (d) made in the course of in-store or door-to-door selling to a person as ultimate user, or by communicating orally by any means of telecommunication to a person as ultimate user, or

Marginal note:1999, c. 2, s. 13
  •  (1) Subsection 52.1(1) of the Act is replaced by the following:

    Definition of “telemarketing”

    • 52.1 (1) In this section, “telemarketing” means the practice of communicating orally by any means of telecommunication for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product.

  • Marginal note:1999, c. 2, s. 13

    (2) Paragraph 52.1(2)(a) of the Act is replaced by the following:

    • (a) disclosure is made, in a fair and reasonable manner at the beginning of each communication, of the identity of the person on behalf of whom the communication is made, the nature of the business interest or product being promoted and the purposes of the communication;

  • Marginal note:1999, c. 2, s. 13

    (3) Subsection 52.1(5) of the Act is replaced by the following:

    • Marginal note:Time of disclosure

      (5) The disclosure of information referred to in paragraph (2)(b) or (c) or (3)(b) or (c) must be made during the course of a communication unless it is established by the accused that the information was disclosed within a reasonable time before the communication, by any means, and the information was not requested during the communication.

Marginal note:1999, c. 2, s. 22

 Paragraph 74.03(1)(d) of the Act is replaced by the following:

  • (d) made in the course of in-store or door-to-door selling to a person as ultimate user, or by communicating orally by any means of telecommunication to a person as ultimate user, or

R.S., c. 30 (4th Supp.)MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ACT

 The definitions “data” and “record” in subsection 2(1) of the Mutual Legal Assistance in Criminal Matters Act are replaced by the following:

“data”

« données »

“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;

“record”

« document »

“record” means a medium on which data is registered or marked;

 Section 12 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Commissioner of Competition

    (1.1) The judge may, in addition to or instead of a peace officer, authorize the Commissioner of Competition appointed under subsection 7(1) of the Competition Act or his or her authorized representative named in the warrant to execute the search warrant, in which case the Commissioner or his or her representative, as the case may be, has, in relation to the warrant, all of the powers and duties that are set out for a peace officer in this section and sections 13 and 14.

Marginal note:2000, c. 24, s. 61

 Section 13.1 of the Act is repealed.

 The Act is amended by adding the following after section 16:

Marginal note:Other warrants
  • 16.1 (1) A judge of the province to whom an application is made under subsection 11(2) may, in the manner provided for by the Criminal Code, issue a warrant, other than a warrant referred to in section 12, to use any device or investigative technique or do anything described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person’s property.

  • Marginal note:Criminal Code applies

    (2) Subject to subsection (3), a warrant issued under subsection (1) may be obtained, issued and executed in the manner provided for by the Criminal Code, with any necessary modifications.

  • Marginal note:Exception — certain warrants

    (3) Subsections 12(3) and (4) and sections 14 to 16 apply in respect of a warrant issued under subsection (1)  —  other than a warrant issued in the manner provided for by section 492.1 or 492.2 of the Criminal Code  —  and prevail over any provisions of the Criminal Code that are inconsistent with them.

Marginal note:Sending abroad —  certain warrants
  • 16.2 (1) If a judge referred to in subsection 16.1(1) issues a warrant in the manner provided for under section 492.1 or 492.2 of the Criminal Code, the judge must also order

    • (a) that the peace officer who executes the warrant send a record containing the data obtained under the warrant directly to the state or entity that made the request under subsection 11(1); or

    • (b) that sections 20 and 21 apply to the warrant with any necessary modifications.

  • Marginal note:Report

    (2) The peace officer who executes the warrant must

    • (a) make a report concerning the execution of the warrant to the judge who issued the warrant or to another judge of the same court, accompanied by a general description of the data obtained under the warrant and, if the judge requires it, a record containing the data; and

    • (b) send a copy of the report to the Minister without delay.

  • Marginal note:Timing of report and sending abroad

    (3) If the judge makes an order under paragraph (1)(a), the peace officer must make the report to the judge and send a record containing the data to the state or entity that made the request no later than five days after the day on which all of the data is obtained under the warrant.

 The heading before section 17 of the Act is replaced by the following:

Production Orders

 The Act is amended by adding the following after section 22:

Marginal note:Application of Criminal Code

22.01 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.

Marginal note:Approval of request to obtain production
  • 22.02 (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.

Marginal note:Production and non-disclosure orders
  • 22.03 (1) The justice or judge to whom the application is made may make an order in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code if the conditions set out in that section have been met.

  • Marginal note:Condition in order

    (2) An order made in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code must require that a record containing the data be given to a designated person.

Marginal note:Sending abroad
  • 22.04 (1) If the justice or judge makes an order in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code, the justice or judge must also order

    • (a) that the person designated in the order send a record containing the data directly to the state or entity that made the request under subsection 22.02(1); or

    • (b) that sections 20 and 21 apply to the order with any necessary modifications.

  • Marginal note:Report

    (2) The person designated in the order must

    • (a) make a report concerning the execution of the order to the justice or judge who made it  —  or to another justice for the same territorial division or another judge in the judicial district where the order was made  —  accompanied by a general description of the data contained in the record obtained under the order and, if the justice or judge requires it, a record containing the data; and

    • (b) send a copy of the report to the Minister without delay.

  • Marginal note:Timing of report and sending abroad

    (3) If the justice or judge makes an order under paragraph (1)(a), the person designated in the order must make the report to the justice or judge and send a record containing the data to the state or entity that made the request no later than five days after the day on which such a record is obtained under the order.

Marginal note:Offence

22.05 Section 487.0198 of the Criminal Code applies to everyone who is subject to an order made under subsection 22.03(1) in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code.

Video Link

 The Act is amended by adding the following after section 22.4:

Arrest Warrant

 The Act is amended by adding the following after section 23:

Examination of Place or Site

Marginal note:1999, c. 18, s. 120

 Subsection 36(2) of the Act is replaced by the following:

  • Marginal note:Probative value

    (2) For the purpose of determining the probative value of a record or a copy of a record admitted in evidence under this Act, the trier of fact may examine the record or copy, receive evidence orally or by affidavit, or by a certificate or other statement pertaining to the record in which a person attests that the certificate or statement is made in conformity with the laws that apply to a state or entity, whether or not the certificate or statement is in the form of an affidavit attested to before an official of the state or entity, including evidence as to the circumstances in which the data contained in the record or copy was written, stored or reproduced, and draw any reasonable inference from the form or content of the record or copy.

Marginal note:1999, c. 18, s. 127
  •  (1) Subsection 44(1) of the French version of the Act is replaced by the following:

    Marginal note:Documents protégés
    • 44. (1) Sous réserve du paragraphe 38(2), les documents transmis au ministre par un État ou entité en conformité avec une demande canadienne sont protégés. Jusqu’à ce qu’ils aient été, en conformité avec les conditions attachées à leur transmission au ministre, rendus publics ou révélés au cours ou aux fins d’une déposition devant un tribunal, il est interdit de communiquer à quiconque ces documents, leur teneur ou des données qu’ils contiennent.

  • (2) Subsection 44(2) of the English version of the Act is replaced by the following:

    • Marginal note:Privilege

      (2) No person in possession of a record mentioned in subsection (1) or of a copy of such a record, or who has knowledge of any data contained in the record, shall be required, in connection with any legal proceedings, to produce the record or copy or to give evidence relating to any data that is contained in it.

COORDINATING AMENDMENTS

Marginal note:2010, c. 23
  •  (1) In this section, “other Act” means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.

  • (2) If subsection 28(1) of this Act comes into force before subsection 70(1) of the other Act, then that subsection 70(1) is repealed.

  • (3) If subsection 70(1) of the other Act comes into force on the same day as subsection 28(1) of this Act, then that subsection 70(1) is deemed to have come into force before that subsection 28(1).

  • (4) If subsection 70(2) of the other Act comes into force before subsection 28(2) of this Act, then that subsection 28(2) is replaced by the following:

    • (2) The definition “data” in subsection 2(1) of the Act is replaced by the following:

      “data”

      « données »

      “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;

  • (5) If subsection 28(2) of this Act comes into force before subsection 70(2) of the other Act, then that subsection 70(2) is replaced by the following:

    • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

      “electronic message”

      « message électronique »

      “electronic message” means a message sent by any means of telecommunication, including a text, sound, voice or image message;

      “locator”

      « localisateur »

      “locator” means a name or information used to identify a source of data on a computer system, and includes a URL;

      “sender information”

      « renseignements sur l’expéditeur »

      “sender information” means the part of an electronic message  —  including the data relating to source, routing, addressing or signalling  —  that identifies or purports to identify the sender or the origin of the message;

      “subject matter information”

      « objet »

      “subject matter information” means the part of an electronic message that purports to summarize the contents of the message or to give an indication of them;

  • (6) If subsection 70(2) of the other Act comes into force on the same day as subsection 28(2) of this Act, then that subsection 70(2) is deemed to have come into force before that subsection 28(2) and subsection (4) applies as a consequence.

  • (7) If section 71 of the other Act comes into force before section 30 of this Act, then that section 30 is repealed.

  • (8) If section 30 of this Act comes into force before section 71 of the other Act, then that section 71 is repealed.

  • (9) If section 71 of the other Act comes into force on the same day as section 30 of this Act, then that section 71 is deemed to have come into force before that section 30 and subsection (7) applies as a consequence.

  • (10) If section 72 of the other Act comes into force before section 31 of this Act, then that section 31 is repealed.

  • (11) If section 31 of this Act comes into force before section 72 of the other Act, then that section 72 is repealed.

  • (12) If section 72 of the other Act comes into force on the same day as section 31 of this Act, then that section 72 is deemed to have come into force before that section 31 and subsection (10) applies as a consequence.

  • (13) If section 33 of this Act comes into force before subsection 74(2) of the other Act, then that subsection 74(2) is repealed.

  • (14) If subsection 74(2) of the other Act comes into force on the same day as section 33 of this Act, then that subsection 74(2) is deemed to have come into force before that section 33.

  • (15) If subsection 34(1) of this Act comes into force before subsection 76(1) of the other Act, then that subsection 76(1) is repealed.

  • (16) If subsection 76(1) of the other Act comes into force on the same day as subsection 34(1) of this Act, then that subsection 76(1) is deemed to have come into force before that subsection 34(1).

  • (17) If subsection 76(2) of the other Act comes into force before subsection 34(2) of this Act, then that subsection 34(2) is repealed.

  • (18) If subsection 34(2) of this Act comes into force before subsection 76(2) of the other Act, then that subsection 76(2) is repealed.

  • (19) If subsection 76(2) of the other Act comes into force on the same day as subsection 34(2) of this Act, then that subsection 76(2) is deemed to have come into force before that subsection 34(2) and subsection (17) applies as a consequence.

  • (20) If subsection 76(3) of the other Act comes into force before subsection 34(3) of this Act, then that subsection 34(3) is repealed.

  • (21) If subsection 34(3) of this Act comes into force before subsection 76(3) of the other Act, then that subsection 76(3) is repealed.

  • (22) If subsection 76(3) of the other Act comes into force on the same day as subsection 34(3) of this Act, then that subsection 76(3) is deemed to have come into force before that subsection 34(3) and subsection (20) applies as a consequence.

  • (23) If section 35 of this Act comes into force before section 78 of the other Act, then that section 78 is repealed.

  • (24) If section 78 of the other Act comes into force on the same day as section 35 of this Act, then that section 78 is deemed to have come into force before that section 35.

COMING INTO FORCE

Marginal note:Three months after royal assent

 This Act, other than section 46, comes into force three months after the day on which it receives royal assent.

Date modified: