Protecting Canadians from Online Crime Act (S.C. 2014, c. 31)
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Assented to 2014-12-09
R.S., c. C-46CRIMINAL CODE
8. Section 184.2 of the Act is amended by adding the following after subsection (4):
Marginal note:Related warrant or order
(5) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order is related to the execution of the authorization.
9. Section 186 of the Act is amended by adding the following after subsection (7):
Marginal note:Related warrant or order
(8) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order is related to the execution of the authorization.
10. Section 187 of the Act is amended by adding the following after subsection (7):
Marginal note:Documents to be kept secret — related warrant or order
(8) The rules provided for in this section apply to all documents relating to a request for a related warrant or order referred to in subsection 184.2(5), 186(8) or 188(6) with any necessary modifications.
11. Section 188 of the Act is amended by adding the following after subsection (5):
Marginal note:Related warrant or order
(6) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order is related to the execution of the authorization, that the urgency of the situation requires the warrant or the order and that it can be reasonably executed or complied with within 36 hours.
Marginal note:2004, c. 14, s. 1
12. Subsection 318(4) of the Act is replaced by the following:
Definition of “identifiable group”
(4) In this section, “identifiable group” means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, or mental or physical disability.
Marginal note:2001, c. 41, s. 10
13. (1) The portion of subsection 320.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Warrant of seizure
320.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material that is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public through a computer system within the meaning of 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:2001, c. 41, s. 10
(2) Subsection 320.1(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 available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material.
Marginal note:2001, c. 41, s. 10
(3) Subsection 320.1(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 available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).
14. (1) Paragraph 326(1)(b) of the French version of the Act is replaced by the following:
b) soit utilise une installation de télécommunication ou obtient un service de télécommunication.
(2) Subsection 326(2) of the Act is repealed.
15. Section 327 of the Act is replaced by the following:
Marginal note:Possession, etc., of device to obtain use of telecommunication facility or telecommunication service
327. (1) Everyone who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used for that purpose, is
(a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) guilty of an offence punishable on summary conviction.
Marginal note:Forfeiture
(2) If a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs.
Marginal note:Limitation
(3) No order for forfeiture is to be made in respect of telecommunication facilities or equipment by means of which an offence under subsection (1) is committed if they are owned by a person engaged in providing a telecommunication service to the public or form part of such a person’s telecommunication service or system and that person is not a party to the offence.
Definition of “device”
(4) In this section, “device” includes
(a) a component of a device; and
(b) a computer program within the meaning of subsection 342.1(2).
Marginal note:R.S., c. 27 (1st Supp.), s. 45; 1997, c. 18, s. 18(1)
16. (1) Subsection 342.1(1) of the Act is replaced by the following:
Marginal note:Unauthorized use of computer
342.1 (1) Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction who, fraudulently and without colour of right,
(a) obtains, directly or indirectly, any computer service;
(b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;
(c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or under section 430 in relation to computer data or a computer system; or
(d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c).
Marginal note:R.S., c. 27 (1st Supp.), s. 45
(2) The definition “data” in subsection 342.1(2) of the Act is repealed.
Marginal note:R.S., c. 27 (1st Supp.), s. 45; 1997, c. 18, s. 18(2)
(3) The definitions “computer password”, “computer program”, “computer service” and “computer system” in subsection 342.1(2) of the Act are replaced by the following:
“computer password”
« mot de passe »
“computer password” means any computer data by which a computer service or computer system is capable of being obtained or used;
“computer program”
« programme d’ordinateur »
“computer program” means computer data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function;
“computer service”
« service d’ordinateur »
“computer service” includes data processing and the storage or retrieval of computer data;
“computer system”
« ordinateur »
“computer system” means a device that, or a group of interconnected or related devices one or more of which,
(a) contains computer programs or other computer data, and
(b) by means of computer programs,
(i) performs logic and control, and
(ii) may perform any other function;
(4) Subsection 342.1(2) of the Act is amended by adding the following in alphabetical order:
“computer data”
« données informatiques »
“computer data” means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system;
Marginal note:1997, c. 18, s. 19
17. (1) Subsections 342.2(1) and (2) of the Act are replaced by the following:
Marginal note:Possession of device to obtain unauthorized use of computer system or to commit mischief
342.2 (1) Everyone who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to commit an offence under section 342.1 or 430, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to commit such an offence, is
(a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) guilty of an offence punishable on summary conviction.
Marginal note:Forfeiture
(2) If a person is convicted of an offence under subsection (1), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs.
(2) Section 342.2 of the Act is amended by adding the following after subsection (3):
Definition of “device”
(4) In this section, “device” includes
(a) a component of a device; and
(b) a computer program within the meaning of subsection 342.1(2).
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