Marginal note:2014, c. 25, s. 46(5)

• 2 (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 as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child pornography, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy available — that is stored on and made available through a computer system as defined in 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:2014, c. 25, s. 46(6)

  (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 as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, it may order the custodian of the computer system to delete the material.

• Marginal note:2014, c. 25, s. 46(7)

  (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 as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order under paragraph (1)(b).