Criminal Code

Marginal note:Order denying access to information

• 117.0102 (1) If an order is made under subsection 117.0101(3), a provincial court judge may, on application by the person who applied for the order or on the judge’s own motion, if the judge considers that it is necessary to protect the security of the person or of anyone known to the person, make an order prohibiting access to, and the disclosure of, any or all of the following:

  • (a) any information relating to the order made under that subsection;

  • (b) any information relating to a warrant issued under subsection 117.0101(6);

  • (c) any information relating to a search and seizure conducted without a warrant under subsection 117.0101(7); and

  • (d) any information relating to the order made under this subsection.

• Marginal note:Expiry of order

  (2) Unless an order made under subsection (1) is revoked earlier, it expires on the day on which the order made under subsection 117.0101(3) expires or is revoked.

• Marginal note:Exception

  (3) Despite subsection (2), if, before the order made under subsection 117.0101(3) expires or is revoked, a date is fixed under subsection 117.0104(1) for the hearing of an application made under subsection 117.011(1), an order made under subsection (1) ceases to have effect on

  • (a) the date fixed under subsection 117.0104(1); or

  • (b) if the order made under subsection 117.0101(3) is revoked before that date, the day on which it is revoked.

• Marginal note:Procedure

  (4) If an order is made under subsection (1), all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 117.0101(3), the warrant issued under subsection 117.0101(6) or, in the case of a search and seizure conducted without a warrant under subsection 117.0101(7), the return made under subsection 117.0101(8) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5).

• Marginal note:Revocation or variance of order

  (5) An application to revoke an order made under subsection (1) or vary any of its terms and conditions may be made to the provincial court judge who made the order or to another provincial court judge.