Protecting Canadians from Online Crime Act (S.C. 2014, c. 31)
Full Document:
Assented to 2014-12-09
40. The heading before section 17 of the Act is replaced by the following:
Production Orders
41. The Act is amended by adding the following after section 22:
Marginal note:Application of Criminal Code
22.01 The Criminal Code applies, with any necessary modifications, in respect of an order made under subsection 22.03(1) in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code, except to the extent that that Act is inconsistent with this Act.
Marginal note:Approval of request to obtain production
22.02 (1) If the Minister approves a request of a state or entity to obtain an order under this Act made in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code to require the production of a record containing data, the Minister must provide a competent authority with any documents or information necessary to apply for the order.
Marginal note:Application for orders
(2) The competent authority must apply ex parte for an order made in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code to a justice as defined in section 2 of the Criminal Code, a judge of a superior court of criminal jurisdiction as defined in that section or a judge of the Court of Quebec.
Marginal note:Production and non-disclosure orders
22.03 (1) The justice or judge to whom the application is made may make an order in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code if the conditions set out in that section have been met.
Marginal note:Condition in order
(2) An order made in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code must require that a record containing the data be given to a designated person.
Marginal note:Sending abroad
22.04 (1) If the justice or judge makes an order in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code, the justice or judge must also order
(a) that the person designated in the order send a record containing the data directly to the state or entity that made the request under subsection 22.02(1); or
(b) that sections 20 and 21 apply to the order with any necessary modifications.
Marginal note:Report
(2) The person designated in the order must
(a) make a report concerning the execution of the order to the justice or judge who made it — or to another justice for the same territorial division or another judge in the judicial district where the order was made — accompanied by a general description of the data contained in the record obtained under the order and, if the justice or 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 justice or judge makes an order under paragraph (1)(a), the person designated in the order must make the report to the justice or 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 such a record is obtained under the order.
Marginal note:Offence
22.05 Section 487.0198 of the Criminal Code applies to everyone who is subject to an order made under subsection 22.03(1) in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code.
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42. The Act is amended by adding the following after section 22.4:
Arrest Warrant
43. The Act is amended by adding the following after section 23:
Examination of Place or Site
Marginal note:1999, c. 18, s. 120
44. Subsection 36(2) of the Act is replaced by the following:
Marginal note:Probative value
(2) For the purpose of determining the probative value of a record or a copy of a record admitted in evidence under this Act, the trier of fact may examine the record or copy, receive evidence orally or by affidavit, or by a certificate or other statement pertaining to the record in which a person attests that the certificate or statement is made in conformity with the laws that apply to a state or entity, whether or not the certificate or statement is in the form of an affidavit attested to before an official of the state or entity, including evidence as to the circumstances in which the data contained in the record or copy was written, stored or reproduced, and draw any reasonable inference from the form or content of the record or copy.
Marginal note:1999, c. 18, s. 127
45. (1) Subsection 44(1) of the French version of the Act is replaced by the following:
Marginal note:Documents protégés
44. (1) Sous réserve du paragraphe 38(2), les documents transmis au ministre par un État ou entité en conformité avec une demande canadienne sont protégés. Jusqu’à ce qu’ils aient été, en conformité avec les conditions attachées à leur transmission au ministre, rendus publics ou révélés au cours ou aux fins d’une déposition devant un tribunal, il est interdit de communiquer à quiconque ces documents, leur teneur ou des données qu’ils contiennent.
(2) Subsection 44(2) of the English version of the Act is replaced by the following:
Marginal note:Privilege
(2) No person in possession of a record mentioned in subsection (1) or of a copy of such a record, or who has knowledge of any data contained in the record, shall be required, in connection with any legal proceedings, to produce the record or copy or to give evidence relating to any data that is contained in it.
COORDINATING AMENDMENTS
Marginal note:2010, c. 23
46. (1) In this section, “other Act” means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.
(2) If subsection 28(1) of this Act comes into force before subsection 70(1) of the other Act, then that subsection 70(1) is repealed.
(3) If subsection 70(1) of the other Act comes into force on the same day as subsection 28(1) of this Act, then that subsection 70(1) is deemed to have come into force before that subsection 28(1).
(4) If subsection 70(2) of the other Act comes into force before subsection 28(2) of this Act, then that subsection 28(2) is replaced by the following:
(2) The definition “data” in subsection 2(1) of the Act is 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;
(5) If subsection 28(2) of this Act comes into force before subsection 70(2) of the other Act, then that subsection 70(2) is replaced by the following:
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“electronic message”
« message électronique »
“electronic message” means a message sent by any means of telecommunication, including a text, sound, voice or image message;
“locator”
« localisateur »
“locator” means a name or information used to identify a source of data on a computer system, and includes a URL;
“sender information”
« renseignements sur l’expéditeur »
“sender information” means the part of an electronic message — including the data relating to source, routing, addressing or signalling — that identifies or purports to identify the sender or the origin of the message;
“subject matter information”
« objet »
“subject matter information” means the part of an electronic message that purports to summarize the contents of the message or to give an indication of them;
(6) If subsection 70(2) of the other Act comes into force on the same day as subsection 28(2) of this Act, then that subsection 70(2) is deemed to have come into force before that subsection 28(2) and subsection (4) applies as a consequence.
(7) If section 71 of the other Act comes into force before section 30 of this Act, then that section 30 is repealed.
(8) If section 30 of this Act comes into force before section 71 of the other Act, then that section 71 is repealed.
(9) If section 71 of the other Act comes into force on the same day as section 30 of this Act, then that section 71 is deemed to have come into force before that section 30 and subsection (7) applies as a consequence.
(10) If section 72 of the other Act comes into force before section 31 of this Act, then that section 31 is repealed.
(11) If section 31 of this Act comes into force before section 72 of the other Act, then that section 72 is repealed.
(12) If section 72 of the other Act comes into force on the same day as section 31 of this Act, then that section 72 is deemed to have come into force before that section 31 and subsection (10) applies as a consequence.
(13) If section 33 of this Act comes into force before subsection 74(2) of the other Act, then that subsection 74(2) is repealed.
(14) If subsection 74(2) of the other Act comes into force on the same day as section 33 of this Act, then that subsection 74(2) is deemed to have come into force before that section 33.
(15) If subsection 34(1) of this Act comes into force before subsection 76(1) of the other Act, then that subsection 76(1) is repealed.
(16) If subsection 76(1) of the other Act comes into force on the same day as subsection 34(1) of this Act, then that subsection 76(1) is deemed to have come into force before that subsection 34(1).
(17) If subsection 76(2) of the other Act comes into force before subsection 34(2) of this Act, then that subsection 34(2) is repealed.
(18) If subsection 34(2) of this Act comes into force before subsection 76(2) of the other Act, then that subsection 76(2) is repealed.
(19) If subsection 76(2) of the other Act comes into force on the same day as subsection 34(2) of this Act, then that subsection 76(2) is deemed to have come into force before that subsection 34(2) and subsection (17) applies as a consequence.
(20) If subsection 76(3) of the other Act comes into force before subsection 34(3) of this Act, then that subsection 34(3) is repealed.
(21) If subsection 34(3) of this Act comes into force before subsection 76(3) of the other Act, then that subsection 76(3) is repealed.
(22) If subsection 76(3) of the other Act comes into force on the same day as subsection 34(3) of this Act, then that subsection 76(3) is deemed to have come into force before that subsection 34(3) and subsection (20) applies as a consequence.
(23) If section 35 of this Act comes into force before section 78 of the other Act, then that section 78 is repealed.
(24) If section 78 of the other Act comes into force on the same day as section 35 of this Act, then that section 78 is deemed to have come into force before that section 35.
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