Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Preservation order — computer data

• 487.013 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to preserve computer data that is in their possession or control when they receive the order.

• Marginal note:Conditions for making order

  (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.002

  • (a) that there are reasonable grounds to suspect that an offence has been or will be committed under this or any other Act of Parliament or has been committed under a law of a foreign state, that the computer data is in the person’s possession or control and that it 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 an order in connection with the investigation to obtain a document that contains the computer data.

• Marginal note:Offence against law of foreign state

  (3) If an offence has been committed under a law of a foreign state, the justice or judge must also be satisfied that a person or authority with responsibility in that state for the investigation of such offences is conducting the investigation.

• Marginal note:Form

  (4) The order is to be in Form 5.003.

• Marginal note:Limitation

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

• Marginal note:Expiry of order

  (6) Unless the order is revoked earlier, it expires 90 days after the day on which it is made.

Marginal note:Keep account open or active order

• 487.0131 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to keep an account specified in the order open or active unless the holder of the account requests that the person close or deactivate the account.

• Marginal note:Conditions for making order

  (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.0031 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; and

  • (b) keeping the account open or active will assist in the investigation of the offence.

• Marginal note:Form

  (3) The order is to be in Form 5.0032.

• Marginal note:Notification

  (4) The order is to require the person to notify a peace officer or public officer named in the order as soon as practicable after the account is closed or deactivated at the request of the holder of the account.

• 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:Expiry of order

  (6) Unless the order is revoked earlier, it expires 60 days after the day on which it is made.

• Marginal note:Renewals

  (7) A justice or judge may renew the order for a period of not more than 60 days on ex parte application made by a peace officer or public officer indicating the reason and period for which the renewal is required.

• Marginal note:Conditions for renewal

  (8) Before renewing the order, the justice or judge must be satisfied by information on oath in Form 5.0031 that the conditions specified in subsection (2) are met.

Marginal note:General production order

• 487.014 (1) Subject to sections 487.015 to 487.018, on ex parte application made by a peace officer or public officer, a justice or judge may order a person to produce a document that is a copy of a document that is in their possession or control when they receive the order, or to prepare and produce a document containing data that is in their possession or control at that time.

• 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 believe that

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

  • (b) the document or data is in the person’s possession or control and will afford evidence respecting the commission of the offence.

• Marginal note:Form

  (3) The order is to be in Form 5.005.

• Marginal note:Limitation

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

Marginal note:Production order — specified dates

• 487.0141 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to produce a document that is a copy of a document that is in their possession or control on any of the dates specified in the order or prepare and produce a document containing data that is in their possession or control on any of the dates specified in the order.

• 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 believe that

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

  • (b) the document or data, if it is in the person’s possession or control on any of the dates to be specified in the order, will afford evidence respecting the commission of the offence.

• Marginal note:Form

  (3) The order is to be in Form 5.0051.

• Marginal note:Dates specified in order

  (4) The order may specify up to 10 dates that fall within the 60-day period after the day on which it is made.

• Marginal note:Suspicious transactions

  (5) The order may also require the person to produce to a peace officer or public officer named in the order a copy of all reports made under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act during the period the order is in effect if the justice or judge is satisfied by information on oath in Form 5.004 that there are reasonable grounds to believe that the information contained in such a report will afford evidence respecting the commission of the offence referred to in subsection (2).

• Marginal note:Restrictions

  (6) The person must not be required to

  • (a) produce documents more than once in any 72-hour period;

  • (b) produce a document that is a copy of a document that was in their possession or control before the day on which the order is made; or

  • (c) prepare and produce a document that contains data that was in their possession or control before the day on which the order is made.

• Marginal note:Limitation

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

• Marginal note:Expiry of order

  (8) Unless the order is revoked earlier, it expires 60 days after the day on which it is made.

• Marginal note:Renewals

  (9) A justice or judge may renew the order for a period of not more than 60 days on ex parte application made by a peace officer or public officer indicating the reason and period for which the renewal is required.

• Marginal note:Conditions for renewal

  (10) Before renewing the order, the justice or judge must be satisfied by information on oath in Form 5.004 that the conditions specified in subsection (2) are met.

• Marginal note:Dates specified in renewed order

  (11) If the order is renewed, it may specify up to 10 dates during the period for which it is renewed.

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.

Marginal note:Production order — transmission data

• 487.016 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing transmission data that is in their possession or control when they receive the order.

• 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; and

  • (b) the transmission data is in the person’s possession or control and will assist in the investigation of the offence.

• Marginal note:Form

  (3) The order is to be in Form 5.007.

• Marginal note:Limitation

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

Marginal note:Production order —  tracking data

• 487.017 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing tracking data that is in their possession or control when they receive the order.

• 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; and

  • (b) the tracking data is in the person’s possession or control and will assist in the investigation of the offence.

• Marginal note:Form

  (3) The order is to be in Form 5.007.

• Marginal note:Limitation

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

Marginal note:Production order — financial data

• 487.018 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a financial institution, as defined in section 2 of the Bank Act, or a person or entity referred to in section 5 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, to prepare and produce a document setting out the following data that is in their possession or control when they receive the order:

  • (a) the account number of a person named in the order or the name of a person whose account number is specified in the order, as well as, in the case of digital assets, including virtual currency, the name and account number of a person whose identifier associated with digital assets is specified in the order;

  • (b) the type of account;

  • (c) the status of the account; and

  • (d) the date on which it was opened or closed.

• Marginal note:Identification of person

  (2) For the purpose of confirming the identity of a person who is named or whose account number or identifier associated with digital assets is specified in the order, the order may also require the institution, person or entity to prepare and produce a document setting out the following data that is in their possession or control:

  • (a) the date of birth of a person who is named or whose account number or identifier associated with digital assets is specified in the order;

  • (b) that person’s current address; and

  • (c) any previous addresses of that person.

• Marginal note:Conditions for making order

  (3) 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; and

  • (b) the data is in the possession or control of the institution, person or entity and will assist in the investigation of the offence.

• Marginal note:Form

  (4) The order is to be in Form 5.008.

• Marginal note:Limitation

  (5) A financial institution, person or entity that is under investigation for the offence referred to in subsection (3) may not be made subject to an order.