Criminal Code

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);

  • (j.1) a warrant under subsection 462.321(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)