Criminal Code

Marginal note:Application for exemption

• 487.015 (1) A person named in an order made under section 487.012 and a financial institution, person or entity named in an order made under section 487.013 may, before the order expires, apply in writing to the judge who issued the order, or a judge of the same territorial division as the judge or justice who issued the order, for an exemption from the requirement to produce any document, data or information referred to in the order.

• Marginal note:Notice

  (2) A person, financial institution or entity may only make an application under subsection (1) if they give notice of their intention to do so to the peace officer or public officer named in the order, within 30 days after it is made.

• Marginal note:Order suspended

  (3) The execution of a production order is suspended in respect of any document, data or information referred to in the application for exemption until a final decision is made in respect of the application.

• Marginal note:Exemption

  (4) The judge may grant the exemption if satisfied that

  • (a) the document, data or information would disclose information that is privileged or otherwise protected from disclosure by law;

  • (b) it is unreasonable to require the applicant to produce the document, data or information; or

  • (c) the document, data or information is not in the possession or control of the applicant.