Criminal Code

Marginal note:Production order to trace specified communication

• 487.015 (1) On ex parte application made by a peace officer or public officer for the purpose of identifying a device or person involved in the transmission of a communication, a justice or judge may order a person to prepare and produce a document containing transmission data that is related to that purpose and that is, when they are served with the order, in their possession or control.

• Marginal note:Conditions for making order

  (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

  • (a) an offence has been or will be committed under this or any other Act of Parliament;

  • (b) the identification of a device or person involved in the transmission of a communication will assist in the investigation of the offence; and

  • (c) transmission data that is in the possession or control of one or more persons whose identity is unknown when the application is made will enable that identification.

• Marginal note:Form

  (3) The order is to be in Form 5.006.

• Marginal note:Service

  (4) A peace officer or public officer may serve the order on any person who was involved in the transmission of the communication and whose identity was unknown when the application was made

  • (a) within 60 days after the day on which the order is made; or

  • (b) within one year after the day on which the order is made, in the case of an offence under section 467.11, 467.12 or 467.13, an offence committed for the benefit of, at the direction of or in association with a criminal organization, or a terrorism offence.

• Marginal note:Limitation

  (5) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.

• Marginal note:Report

  (6) A peace officer or public officer named in the order must provide a written report to the justice or judge who made the order as soon as feasible after the person from whom the communication originated is identified or after the expiry of the period referred to in subsection (4), whichever occurs first. The report must state the name and address of each person on whom the order was served, and the date of service.