Criminal Code

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.