Criminal Code

Marginal note:Production order

• 487.012 (1) A justice or judge may order a person, other than a person under investigation for an offence referred to in paragraph (3)(a),

  • (a) to produce documents, or copies of them certified by affidavit to be true copies, or to produce data; or

  • (b) to prepare a document based on documents or data already in existence and produce it.

• Marginal note:Production to peace officer

  (2) The order shall require the documents or data to be produced within the time, at the place and in the form specified and given

  • (a) to a peace officer named in the order; or

  • (b) to a public officer named in the order, who has been 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.

• Marginal note:Conditions for issuance of order

  (3) Before making an order, the justice or judge must be satisfied, on the basis of an ex parte application containing information on oath in writing, that there are reasonable grounds to believe that

  • (a) an offence against this Act or any other Act of Parliament has been or is suspected to have been committed;

  • (b) the documents or data will afford evidence respecting the commission of the offence; and

  • (c) the person who is subject to the order has possession or control of the documents or data.

• Marginal note:Terms and conditions

  (4) The order may contain any terms and conditions that the justice or judge considers advisable in the circumstances, including terms and conditions to protect a privileged communication between a lawyer and their client or, in the province of Quebec, between a lawyer or a notary and their client.

• Marginal note:Power to revoke, renew or vary order

  (5) The justice or judge who made the order, or a judge of the same territorial division, may revoke, renew or vary the order on an ex parte application made by the peace officer or public officer named in the order.

• Marginal note:Application

  (6) Sections 489.1 and 490 apply, with any modifications that the circumstances require, in respect of documents or data produced under this section.

• Marginal note:Probative force of copies

  (7) Every copy of a document produced under this section, on proof by affidavit that it is a true copy, is admissible in evidence in proceedings under this or any other Act of Parliament and has the same probative force as the original document would have if it had been proved in the ordinary way.

• Marginal note:Return of copies

  (8) Copies of documents produced under this section need not be returned.