Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Warrant for transmission data recorder

• 492.2 (1) A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed against this or any other Act of Parliament and that transmission data will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain the transmission data by means of a transmission data recorder.

• Marginal note:Scope of warrant

  (2) The warrant authorizes the peace officer or public officer, or a person acting under their direction, to install, activate, use, maintain, monitor and remove the transmission data recorder, including covertly.

• Marginal note:Limitation

  (3) No warrant shall be issued under this section for the purpose of obtaining tracking data.

• Marginal note:Period of validity

  (4) Subject to subsection (5), a warrant is valid for the period specified in it as long as that period ends no more than 60 days after the day on which the warrant is issued.

• Marginal note:Period of validity — organized crime or terrorism offence

  (5) The warrant is valid for the period specified in it as long as that period ends no more than one year after the day on which the warrant is issued, if the warrant relates to

  • (a) an offence under any of sections 467.11 to 467.13;

  • (b) an offence committed for the benefit of, at the direction of, or in association with a criminal organization; or

  • (c) a terrorism offence.

• Marginal note:Execution in Canada

  (5.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

• Marginal note:Definitions

  (6) The following definitions apply in this section.

  data

  data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. (données)

  judge

  judge means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. (juge)

  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 or any other Act of Parliament. (fonctionnaire public)

  transmission data

  transmission data means data that

  • (a) relates to the telecommunication functions of dialling, routing, addressing or signalling;

  • (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and

  • (c) does not reveal the substance, meaning or purpose of the communication. (données de transmission)

  transmission data recorder

  transmission data recorder means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record transmission data or to transmit it by a means of telecommunication. (enregistreur de données de transmission)