An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures) (S.C. 2022, c. 17)

• (e) subject to any other Act of Parliament, to, as soon as practicable, bring the thing seized before, or make a report in respect of it to, a justice in accordance with section 489.1.

Marginal note:Assistance order

• 487.02 (1) If an authorization is given under section 184.2, 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. The order has effect throughout Canada.

• Marginal note:Telecommunication

  (2) If the authorization is given or the warrant is issued by a means of telecommunication under section 184.3 or 487.1, the order to provide assistance may be issued by a means of telecommunication and, in that case, section 184.3 or 487.1, as the case may be, applies with respect to the order.

Other Provisions Respecting Warrants and Orders

Marginal note:Duty of person executing certain warrants

• 487.093 (1) A person who executes a warrant issued under subsection 117.04(1), 199(1), 395(1) or 487(1) shall, during that execution,

  • (a) give the following to any person who is present and ostensibly in control of the building, receptacle or place to be searched:

    • (i) a copy of the warrant, and

    • (ii) a notice in Form 5.1 setting out the address of the court before which anything seized during the execution may be brought or from which a copy of a report on anything so seized may be obtained;

  • (b) affix the copy and the notice in a prominent location within the building or place or on or next to the receptacle, if there is no person present and ostensibly in control of the building, receptacle or place; or

  • (c) give the copy and the notice to the person to be searched, if the warrant is issued under subsection 395(1) for the search of a person.

• Marginal note:Exception

  (2) Subsection (1) does not apply if the warrant authorizes the search of anything that is detained under this Act after it has been lawfully seized.

Marginal note:Warrants, etc., by telecommunication

• 487.1 (1) Despite anything in this Act, the Attorney General, a peace officer or a public officer may, if they are permitted to apply for any of the following, submit their application by a means of telecommunication:

  • (a) a warrant under subsection 83.222(1);

  • (b) an order under subsection 83.223(1);

  • (c) a warrant under subsection 117.04(1);

  • (d) a warrant under subsection 164(1);

  • (e) an order under subsection 164.1(1);

  • (f) a warrant under subsection 320(1);

  • (g) an order under subsection 320.1(1);

  • (h) a warrant under subsection 320.29(1);

  • (i) a warrant under subsection 395(1);

  • (j) a warrant under subsection 462.32(1);

  • (k) an order under subsection 462.33(3);

  • (l) a warrant under subsection 487(1);

  • (m) a warrant under subsection 487.01(1) that does not authorize the observation of a person by means of a television camera or other similar electronic device;

  • (n) an extension under subsection 487.01(5.2);

  • (o) an order under any of sections 487.013 to 487.018;

  • (p) an order under subsection 487.019(3);

  • (q) an order under subsection 487.0191(1);

  • (r) an order under subsection 487.0191(4);

  • (s) a warrant under subsection 487.05(1);

  • (t) a warrant under subsection 487.092(1);

  • (u) an order under subsection 487.3(1);

  • (v) an order under subsection 487.3(4);

  • (w) a warrant under subsection 492.1(1);

  • (x) a warrant under subsection 492.1(2);

  • (y) an authorization under subsection 492.1(7);

  • (z) a warrant under subsection 492.2(1).

• Marginal note:Alternative to oath

  (2) A person who must swear an oath in connection with an application submitted by a means of telecommunication that produces a writing may, instead of swearing the oath, make a statement in writing stating that all matters submitted in support of the application are true to their knowledge and belief, and the statement is deemed to be a statement made under oath.

• Marginal note:Certification

  (3) A judicial officer who receives an application submitted by a means of telecommunication that produces a writing shall certify the application as to time and date of receipt.

• Marginal note:Limitation

  (4) An application under subsection 487.01(5.2) shall not be submitted by a means of telecommunication that does not produce a writing.

• Marginal note:Application — telecommunication not producing writing

  (5) An applicant may submit their application by a means of telecommunication that does not produce a writing only if it would be impracticable in the circumstances to submit the application by a means of telecommunication that produces a writing.

• Marginal note:Statement of circumstances

  (6) An application submitted by a means of telecommunication that does not produce a writing shall include a statement of the circumstances that make it impracticable to submit the application by a means of telecommunication that produces a writing.

• Marginal note:Oath

  (7) Any oath required in connection with an application submitted by a means of telecommunication that does not produce a writing may be administered by a means of telecommunication.

• Marginal note:Certification

  (8) A judicial officer who receives an application submitted by a means of telecommunication that does not produce a writing shall record the application verbatim, in writing or otherwise, and certify the record or a transcription of it as to time, date and contents.

• Marginal note:Limitation on issuance

  (9) If an application is submitted by a means of telecommunication that does not produce a writing, the judicial officer shall not issue the warrant, order, extension or authorization unless he or she is satisfied that the application discloses reasonable grounds for dispensing with its submission by a means of telecommunication that produces a writing.

• Marginal note:Warrant, etc.

  (10) A judicial officer who issues the warrant, order, extension or authorization may do so by a means of telecommunication, in which case

  • (a) the judicial officer shall complete and sign the document in question, noting on its face the time and date;

  • (b) if the means of telecommunication produces a writing, the judicial officer shall transmit a copy of the document to the applicant by that means; and

  • (c) if the means of telecommunication does not produce a writing, the applicant shall, as directed by the judicial officer, transcribe the document, noting on its face the name of the judicial officer as well as the time and date.

• Marginal note:Definitions

  (11) The following definitions apply in this section.

  judicial officer

  judicial officer means a judge or justice who is authorized, under the applicable provision of this Act, to issue a warrant, order, extension or authorization referred to in subsection (1). (fonctionnaire judiciaire)

  public officer

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

Marginal note:Restriction on publication

487.2 If a search warrant is issued under section 487 or a search is made under such a warrant, everyone who publishes in any document, or broadcasts or transmits in any way, any information with respect to

Marginal note:Execution of search warrant

488 A warrant issued under section 487 shall be executed by day, unless

• Marginal note:Warrant, authorization and order

  (2) Despite any other provision of this Act, if an applicant for a warrant under section 487.01, 492.1 or 492.2, a search warrant under this Act, notably under section 487, an authorization under section 184.2, 186 or 188, or an order under any of sections 487.014 to 487.017 knows that the application relates to a journalist’s communications or an object, document or data relating to or in the possession of a journalist, they shall make the application to a judge of a superior court of criminal jurisdiction or to a judge as defined in section 552. That judge has exclusive jurisdiction to dispose of the application.

Marginal note:Restitution of thing or report

• 489.1 (1) Subject to this or any other Act of Parliament, if a peace officer has seized anything under a warrant issued under this Act, under section 487.11 or 489, or otherwise in the execution of duties under this or any other Act of Parliament, the peace officer shall, as soon as is practicable,

  • (a) return the thing seized, on being issued a receipt for it, to the person lawfully entitled to its possession and report to a justice having jurisdiction in respect of the matter and, in the case of a warrant, jurisdiction in the province in which the warrant was issued, if the peace officer is satisfied that

    • (i) there is no dispute as to who is lawfully entitled to possession of the thing seized, and

    • (ii) the continued detention of the thing seized is not required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding; or

  • (b) bring the thing seized before a justice referred to in paragraph (a), or report to the justice that the thing has been seized and is being detained, to be dealt with in accordance with subsection 490(1), if the peace officer is not satisfied as described in subparagraphs (a)(i) and (ii).

• Marginal note:Person other than peace officer

  (2) Subject to this or any other Act of Parliament, if a person other than a peace officer has seized anything under a warrant issued under this Act, under section 487.11 or 489, or otherwise in the execution of duties under this or any other Act of Parliament, that person shall, as soon as is practicable and so that the thing seized may be dealt with in accordance with subsection 490(1),

  • (a) bring the thing before a justice having jurisdiction in respect of the matter and, in the case of a warrant, jurisdiction in the province in which the warrant was issued; or

  • (b) report to the justice referred to in paragraph (a) that the thing has been seized and is being detained.

• Marginal note:Form

  (3) A report to a justice under this section shall be in Form 5.2, varied to suit the case.

Marginal note:Seizure of explosives

• 492 (1) Every person who executes a warrant issued under section 487 may seize any explosive substance that they suspect is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that they seize under this section and detain it until they are ordered by a judge of a superior court to deliver it to some other person or an order is made under subsection (2).

• Marginal note:Attendance for purposes of Identification of Criminals Act

  (3) An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an offence referred to in paragraph 2(1)(c) of that Act.

• Marginal note:Attendance for purposes of Identification of Criminals Act

  (4) The undertaking may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an offence referred to in paragraph 2(1)(c) of that Act.