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

Assented to 2014-12-09

R.S. c. C-5CANADA EVIDENCE ACT

 Subsection 4(2) of the Canada Evidence Act is amended by replacing “160(2) or (3)” with “160(2) or (3) or 162.1(1)”.

R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19COMPETITION ACT

Marginal note:R.S., c. 19 (2nd Supp.), s. 20(3)
  •  (1) The definition “record” in subsection 2(1) of the Competition Act is replaced by the following:

    “record”

    « document »

    “record” means a medium on which information is registered or marked;

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    “computer system”

    « ordinateur »

    “computer system” has the same meaning as in subsection 342.1(2) of the Criminal Code;

    “data”

    « données »

    “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;

    “information”

    « renseignement »

    “information” includes data;

 The Act is amended by adding the following after section 14:

Marginal note:Application of Criminal Code — preservation demand and orders for preservation or production of data
  • 14.1 (1) Sections 487.012, 487.013, 487.015, 487.016 and 487.018 of the Criminal Code, which apply to the investigation of offences under any Act of Parliament, also apply, with any modifications that the circumstances require,

    • (a) to an investigation in relation to a contravention of an order made under section 32, 33 or 34 or Part VII.1 or VIII; or

    • (b) to an investigation in relation to whether grounds exist for the making of an order under Part VII.1 or VIII.

  • Marginal note:Clarification

    (2) The provisions of the Criminal Code referred to in subsection (1) apply whether or not an inquiry has been commenced under section 10.

Marginal note:R.S., c. 19 (2nd Supp.), s. 24

 Subsection 16(6) of the Act is repealed.

Marginal note:R.S., c. 19 (2nd Supp.), s. 24

 Subsection 20(2) of the Act is replaced by the following:

  • Marginal note:Copies

    (2) Copies of any records referred to in subsection (1), made by any process of reproduction, on proof orally or by affidavit that they are true copies, are admissible in evidence in any proceedings under this Act and have the same probative force as the original.

Marginal note:2002, c. 16, s. 3

 The definition “data” in section 30 of the Act is repealed.

Marginal note:1999, c. 2, s. 12(1)

 Paragraph 52(2)(d) of the Act is replaced by the following:

  • (d) made in the course of in-store or door-to-door selling to a person as ultimate user, or by communicating orally by any means of telecommunication to a person as ultimate user, or

Marginal note:1999, c. 2, s. 13
  •  (1) Subsection 52.1(1) of the Act is replaced by the following:

    Definition of “telemarketing”

    • 52.1 (1) In this section, “telemarketing” means the practice of communicating orally by any means of telecommunication for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product.

  • Marginal note:1999, c. 2, s. 13

    (2) Paragraph 52.1(2)(a) of the Act is replaced by the following:

    • (a) disclosure is made, in a fair and reasonable manner at the beginning of each communication, of the identity of the person on behalf of whom the communication is made, the nature of the business interest or product being promoted and the purposes of the communication;

  • Marginal note:1999, c. 2, s. 13

    (3) Subsection 52.1(5) of the Act is replaced by the following:

    • Marginal note:Time of disclosure

      (5) The disclosure of information referred to in paragraph (2)(b) or (c) or (3)(b) or (c) must be made during the course of a communication unless it is established by the accused that the information was disclosed within a reasonable time before the communication, by any means, and the information was not requested during the communication.

Marginal note:1999, c. 2, s. 22

 Paragraph 74.03(1)(d) of the Act is replaced by the following:

  • (d) made in the course of in-store or door-to-door selling to a person as ultimate user, or by communicating orally by any means of telecommunication to a person as ultimate user, or

R.S., c. 30 (4th Supp.)MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ACT

 The definitions “data” and “record” in subsection 2(1) of the Mutual Legal Assistance in Criminal Matters Act are replaced by the following:

“data”

« données »

“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;

“record”

« document »

“record” means a medium on which data is registered or marked;

 Section 12 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Commissioner of Competition

    (1.1) The judge may, in addition to or instead of a peace officer, authorize the Commissioner of Competition appointed under subsection 7(1) of the Competition Act or his or her authorized representative named in the warrant to execute the search warrant, in which case the Commissioner or his or her representative, as the case may be, has, in relation to the warrant, all of the powers and duties that are set out for a peace officer in this section and sections 13 and 14.

Marginal note:2000, c. 24, s. 61

 Section 13.1 of the Act is repealed.

 The Act is amended by adding the following after section 16:

Marginal note:Other warrants
  • 16.1 (1) A judge of the province to whom an application is made under subsection 11(2) may, in the manner provided for by the Criminal Code, issue a warrant, other than a warrant referred to in section 12, to use any device or investigative technique or do anything described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person’s property.

  • Marginal note:Criminal Code applies

    (2) Subject to subsection (3), a warrant issued under subsection (1) may be obtained, issued and executed in the manner provided for by the Criminal Code, with any necessary modifications.

  • Marginal note:Exception — certain warrants

    (3) Subsections 12(3) and (4) and sections 14 to 16 apply in respect of a warrant issued under subsection (1)  —  other than a warrant issued in the manner provided for by section 492.1 or 492.2 of the Criminal Code  —  and prevail over any provisions of the Criminal Code that are inconsistent with them.

Marginal note:Sending abroad —  certain warrants
  • 16.2 (1) If a judge referred to in subsection 16.1(1) issues a warrant in the manner provided for under section 492.1 or 492.2 of the Criminal Code, the judge must also order

    • (a) that the peace officer who executes the warrant send a record containing the data obtained under the warrant directly to the state or entity that made the request under subsection 11(1); or

    • (b) that sections 20 and 21 apply to the warrant with any necessary modifications.

  • Marginal note:Report

    (2) The peace officer who executes the warrant must

    • (a) make a report concerning the execution of the warrant to the judge who issued the warrant or to another judge of the same court, accompanied by a general description of the data obtained under the warrant and, if the judge requires it, a record containing the data; and

    • (b) send a copy of the report to the Minister without delay.

  • Marginal note:Timing of report and sending abroad

    (3) If the judge makes an order under paragraph (1)(a), the peace officer must make the report to the judge and send a record containing the data to the state or entity that made the request no later than five days after the day on which all of the data is obtained under the warrant.

 
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