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Protecting Canadians from Online Crime Act (S.C. 2014, c. 31)

Assented to 2014-12-09

 Part XXVIII of the Act is amended by adding the following after Form 5:

FORM 5.001(Subsection 487.012(1))PRESERVATION DEMAND

Canada,

Province of

(territorial division)

To (name of person), of :

Because I have reasonable grounds to suspect that the computer data specified below is in your possession or control and that that computer data

will assist in the investigation of an offence that has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament),

(or)

will assist in the investigation of an offence that has been committed under (specify the provision of the law of the foreign state) that is being conducted by a person or authority, (name of person or authority), with responsibility in (specify the name of the foreign state) for the investigation of such offences,

you are required to preserve (specify the computer data) that is in your possession or control when you receive this demand until (insert date) unless, before that date, this demand is revoked or a document that contains that data is obtained under a warrant or an order.

This demand is subject to the following conditions:

If you contravene this demand without lawful excuse, you may be subject to a fine.

You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code. If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.

(Signature of peace officer or public officer)

FORM 5.002(Subsection 487.013(2))INFORMATION TO OBTAIN A PRESERVATION ORDER

Canada,

Province of

(territorial division)

This is the information of (name of peace officer or public officer), of (“the informant”).

The informant says that they have reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) (or has been committed under (specify the provision of the law of the foreign state)) and that (specify the computer data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.

The informant also says that a peace officer or public officer intends to apply or has applied for a warrant or order in connection with the investigation to obtain a document that contains the computer data (and, if applicable, and that (name of person or authority) is conducting the investigation and has responsibility for the investigation of such offences in (insert the name of the foreign state)).

The reasonable grounds are: (including, if applicable, whether a preservation demand was made under section 487.012 of the Criminal Code)

The informant therefore requests that (name of the person) be ordered to preserve (specify the computer data) that is in their possession or control when they receive the order for 90 days after the day on which the order is made.

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

FORM 5.003(Subsection 487.013(4))PRESERVATION ORDER

Canada,

Province of

(territorial division)

To (name of person), of :

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of ,

  • (a) that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) (or has been committed under (specify the provision of the law of the foreign state)) and that (specify the computer data) is in your possession or control and will assist in the investigation of the offence; and

  • (b) that a peace officer or public officer intends to apply or has applied for a warrant or order to obtain a document that contains the computer data (and, if applicable, and that (name of person or authority) is conducting the investigation and has responsibility for the investigation of such offences in (insert the name of the foreign state));

Therefore, you are required to preserve the specified computer data that is in your possession or control when you receive this order until (insert date) unless, before that date, this order is revoked or a document that contains that data is obtained under a warrant or an order.

This order is subject to the following conditions:

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code. If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

FORM 5.004(Subsections 487.014(2), 487.015(2), 487.016(2), 487.017(2) and 487.018(3))INFORMATION TO OBTAIN A PRODUCTION ORDER

Canada,

Province of

(territorial division)

This is the information of (name of peace officer or public officer), of (“the informant”).

The informant says that they have reasonable grounds to suspect (or, if the application is for an order under section 487.014 of the Criminal Code, reasonable grounds to believe)

  • (a) that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament); and

  • (b) (if the application is for an order under section 487.014 of the Criminal Code) that (specify the document or data) is in the possession or control of (name of the person) and will afford evidence respecting the commission of the offence.

(or)

  • (b) (if the application is for an order under section 487.015 of the Criminal Code) that the identification of a device or person involved in the transmission of (specify the communication) will assist in the investigation of the offence and that (specify the transmission data) that is in the possession or control of one or more persons whose identity is unknown will enable that identification.

(or)

  • (b) (if the application is for an order under section 487.016 of the Criminal Code) that (specify the transmission data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.

(or)

  • (b) (if the application is for an order under section 487.017 of the Criminal Code) that (specify the tracking data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.

(or)

  • (b) (if the application is for an order under section 487.018 of the Criminal Code) that (specify the data) is in the possession or control of (name of the financial institution, person or entity) and will assist in the investigation of the offence.

The reasonable grounds are:

The informant therefore requests

(if the application is for an order under section 487.014 of the Criminal Code) that (name of the person) be ordered to produce a document that is a copy of (specify the document) that is in their possession or control when they receive the order (and/or to prepare and produce a document containing (specify the data) that is in their possession or control when they receive the order).

(or)

(if the application is for an order under section 487.015 of the Criminal Code) that a person who is served with the order in accordance with subsection 487.015(4) of the Criminal Code be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they are served with the order.

(or)

(if the application is for an order under section 487.016 of the Criminal Code) that (name of the person) be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they receive the order.

(or)

(if the application is for an order under section 487.017 of the Criminal Code) that (name of the person) be ordered to prepare and produce a document containing (specify the tracking data) that is in their possession or control when they receive the order.

(or)

(if the application is for an order under section 487.018 of the Criminal Code) that (name of the financial institution, person or entity) be ordered to prepare and produce a document setting out (specify the data) that is in their possession or control when they receive the order.

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

FORM 5.005(Subsection 487.014(3))PRODUCTION ORDER FOR DOCUMENTS

Canada,

Province of

(territorial division)

To (name of person), of :

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of , that there are reasonable grounds to believe that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (specify the document or data) is in your possession or control and will afford evidence respecting the commission of the offence;

Therefore, you are ordered to

produce a document that is a copy of (specify the document) that is in your possession or control when you receive this order

(and/or)

prepare and produce a document containing (specify the data) that is in your possession or control when you receive this order.

The document must be produced to (name of peace officer or public officer) within (time) at (place) in (form).

This order is subject to the following conditions:

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

FORM 5.006(Subsection 487.015(3))PRODUCTION ORDER TO TRACE A COMMUNICATION

Canada,

Province of

(territorial division)

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of , that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament), that the identification of a device or person involved in the transmission of (specify the communication) will assist in the investigation of the offence and that one or more persons whose identity was unknown when the application was made have possession or control of (specify the transmission data) that will enable that identification;

Therefore, on being served with this order in accordance with subsection 487.015(4) of the Criminal Code, you are ordered to prepare and produce a document containing (specify the transmission data) that is in your possession or control when you are served with this order.

The document must be produced to (name of peace officer or public officer) as soon as feasible at (place) in (form).

This order is subject to the following conditions:

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

Served on (name of person) on (date), at (place).

(Signature of peace officer or public officer)

(Signature of person served)

FORM 5.007(Subsections 487.016(3) and 487.017(3))PRODUCTION ORDER FOR TRANSMISSION DATA OR TRACKING DATA

Canada,

Province of

(territorial division)

To (name of person), of :

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of , that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (if the order is made under section 487.016 of theCriminal Code, specify the transmission data) (or, if the order is made under section 487.017 of the Criminal Code, specify the tracking data) is in your possession or control and will assist in the investigation of the offence;

Therefore, you are ordered to prepare and produce a document containing the data specified that is in your possession or control when you receive this order.

The document must be produced to (name of peace officer or public officer) within (time) at (place) in (form).

This order is subject to the following conditions:

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

FORM 5.008(Subsection 487.018(4))PRODUCTION ORDER FOR FINANCIAL DATA

Canada,

Province of

(territorial division)

To (name of financial institution, person or entity), of :

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of , that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (specify the data) is in your possession or control and will assist in the investigation of the offence;

Therefore, you are ordered to prepare and produce a document setting out (specify the data) that is in your possession or control when you receive this order.

The document must be produced to (name of the peace officer or public officer) within (time) at (place) in (form).

This order is subject to the following conditions:

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

FORM 5.0081(Subsection 487.019(3))INFORMATION TO REVOKE OR VARY AN ORDER MADE UNDER ANY OF SECTIONS 487.013 TO 487.018 OF THE CRIMINAL CODE

Canada,

Province of

(territorial division)

This is the information of (name of peace officer or public officer), of (“the informant”).

The informant says that on or after (insert date) the informant became aware of the following facts that justify the revocation (or variation) of an order made on (insert date) under (specify the provision of the Criminal Code):

The informant therefore requests that the order be revoked (or be varied as follows: ).

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

FORM 5.009(Subsection 487.0191(2))INFORMATION TO OBTAIN A NON-DISCLOSURE ORDER

Canada,

Province of

(territorial division)

This is the information of (name of peace officer or public officer), of (“the informant”).

The informant says that they have reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the following portion or portions) of (identify the preservation demand made under section 487.012 of the Criminal Code, the preservation order made under section 487.013 of that Act or the production order made under any of sections 487.014 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates:

(specify portion or portions)

The reasonable grounds are:

The informant therefore requests an order prohibiting (name of the person, financial institution or entity) from disclosing the existence (or any of the contents or any of the specified portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which the order is made.

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

FORM 5.0091(Subsection 487.0191(3))NON-DISCLOSURE ORDER

Canada,

Province of

(territorial division)

To (name of person, financial institution or entity), of :

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of , that there are reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the portion or portions, specified in the information,) of (identify the preservation demand made under section 487.012 of the Criminal Code, the preservation order made under section 487.013 of that Act or the production order made under any of sections 487.014 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates;

Therefore, you are prohibited from disclosing the existence (or any of the contents or any of the following portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which this order is made.

(specify portion or portions)

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

 

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