Bill C-51
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
PRODUCTION ORDER FOR TRANSMISSION DATA OR TRACKING DATA
Canada,
Province of ..........
(territorial division)
To (name of person), of .........., (office or occupation):
Whereas I am satisfied by information on oath of (name of peace officer or public officer), of .........., that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (if the order is made under section 487.016 of the Criminal Code, specify the transmission data) (or, if the order is made under section 487.017 of the Criminal Code, specify the tracking data) is in your possession or control and will assist in the investigation of the offence;
Therefore, you are ordered to prepare and produce a document containing the data specified that is in your possession or control when you receive this order.
The document must be produced to (name of peace officer or public officer) within (time) at (place) in (form).
This order is subject to the following conditions:
You have the right to apply to revoke or vary this order.
If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Dated (date), at (place).
..................................................
(Signature of justice or judge)
FORM 5.008
(Subsection 487.018(4))
PRODUCTION ORDER FOR FINANCIAL DATA
Canada,
Province of ..........
(territorial division)
To (name of financial institution, person or entity), of ..........:
Whereas I am satisfied by information on oath of (name of peace officer or public officer), of .........., that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (specify the data) is in your possession or control and will assist in the investigation of the offence;
Therefore, you are ordered to prepare and produce a document setting out (specify the data) that is in your possession or control when you receive this order.
The document must be produced to (name of the peace officer or public officer) within (time) at (place) in (form).
This order is subject to the following conditions:
You have the right to apply to revoke or vary this order.
If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Dated (date), at (place).
..................................................
(Signature of justice or judge)
FORM 5.0081
(Subsection 487.019(3))
INFORMATION TO REVOKE OR VARY AN ORDER MADE UNDER ANY OF SECTIONS 487.013 TO 487.018 OF THE CRIMINAL CODE
Canada,
Province of ...........
(territorial division)
This is the information of (name of peace officer or public officer), of .......... (“the informant”).
The informant says that on or after (insert date) the informant became aware of the following facts that justify the revocation (or variation) of an order made on (insert date) under (specify the provision of the Criminal Code):
..........
The informant therefore requests that the order be revoked (or be varied as follows: ..........).
Sworn before me on (date), at (place).
..................................................
(Signature of justice of informant)
..................................................
(Signature of justice or judge)
FORM 5.009
(Subsection 487.0191(2))
INFORMATION TO OBTAIN A NON-DISCLOSURE ORDER
Canada,
Province of ...........
(territorial division)
This is the information of (name of peace officer or public officer), of .......... (“the informant”).
The informant says that they have reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the following portion or portions) of (identify the preservation demand made under section 487.012 of the Criminal Code, the preservation order made under section 487.013 of that Act or the production order made under any of sections 487.014 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates:
(specify portion or portions)
The reasonable grounds are:
The informant therefore requests an order prohibiting (name of the person, financial institution or entity) from disclosing the existence (or any of the contents or any of the specified portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which the order is made.
Sworn before me on (date), at (place).
..................................................
(Signature of informant)
..................................................
(Signature of justice or judge)
FORM 5.0091
(Subsection 487.0191(3))
NON-DISCLOSURE ORDER
Canada,
Province of ...........
(territorial division)
To (name of person, financial institution or entity), of ..........:
Whereas I am satisfied by information on oath of (name of peace officer or public officer), of .........., that there are reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the portion or portions, specified in the information,) of (identify the preservation demand made under section 487.012 of the Criminal Code, the preservation order made under section 487.013 of that Act or the production order made under any of sections 487.014 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates;
Therefore, you are prohibited from disclosing the existence (or any of the contents or any of the following portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which this order is made.
(specify portion or portions)
You have the right to apply to revoke or vary this order.
If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Dated (date), at (place).
..................................................
(Signature of justice or judge)
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19
COMPETITION ACT
R.S., c. 19 (2nd Supp.), s. 20(3)
19. (1) The definition “record” in subsection 2(1) of the Competition Act is replaced by the following:
“record”
« document »
« 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 »
« ordinateur »
“computer system” has the same meaning as in subsection 342.1(2) of the Criminal Code;
“data”
« données »
« 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 »
« renseignement »
“information” includes data;
20. The Act is amended by adding the following after section 14:
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.
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.
R.S., c. 19 (2nd Supp.), s. 24
21. Subsection 16(6) of the Act is repealed.
R.S., c. 19 (2nd Supp.), s. 24
22. Subsection 20(2) of the Act is replaced by the following:
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.
2002, c. 16, s. 3
23. The definition “data” in section 30 of the Act is repealed.
1999, c. 2, s. 12(1)
24. 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
1999, c. 2, s. 13
25. (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.
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;
1999, c. 2, s. 13
(3) Subsection 52.1(5) of the Act is replaced by the following:
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.
1999, c. 2, s. 22
26. 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
27. The definitions “data” and “record” in subsection 2(1) of the Mutual Legal Assist- ance in Criminal Matters Act are replaced by the following:
“data”
« données »
« 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 »
« document »
“record” means a medium on which data is registered or marked;
28. Section 12 of the Act is amended by adding the following after subsection (1):
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.
2000, c. 24, s. 61
29. Section 13.1 of the Act is repealed.
30. The Act is amended by adding the following after section 16:
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.
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.
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.
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.
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.
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.
31. The heading before section 17 of the Act is replaced by the following:
Production Orders
32. The Act is amended by adding the following after section 22:
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.
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.
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.
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.
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.
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.
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.
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.
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.
Video Link
33. The Act is amended by adding the following after section 22.4:
Arrest Warrant
34. The Act is amended by adding the following after section 23:
Examination of Place or Site
1999, c. 18, s. 120
35. Subsection 36(2) of the Act is replaced by the following:
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.
1999, c. 18, s. 127
36. (1) Subsection 44(1) of the French version of the Act is replaced by the following:
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:
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
Bill C-28
37. (1) Subsections (2) to (22) apply if Bill C-28, introduced in the 3rd session of the 40th Parliament and entitled the Fighting Internet and Wireless Spam Act (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 19(1) of this Act comes into force before subsection 71(1) of the other Act, then that subsection 71(1) is repealed.
(3) If subsection 71(1) of the other Act comes into force on the same day as subsection 19(1) of this Act, then that subsection 71(1) is deemed to have come into force before that subsection 19(1).
(4) On the first day on which both subsection 71(2) of the other Act and subsection 19(2) of this Act are in force, the definitions “computer system”, “data” and “information” in subsection 2(1) of the Competition Act, as enacted by that subsection 71(2), are repealed.
(5) If section 72 of the other Act comes into force before section 21 of this Act, then that section 21 is repealed.
(6) If section 21 of this Act comes into force before section 72 of the other Act, then that section 72 is repealed.
(7) If section 72 of the other Act comes into force on the same day as section 21 of this Act, then that section 72 is deemed never to have come into force and is repealed.
(8) If section 73 of the other Act comes into force before section 22 of this Act, then that section 22 is repealed.
(9) If section 22 of this Act comes into force before section 73 of the other Act, then that section 73 is repealed.
(10) If section 73 of the other Act comes into force on the same day as section 22 of this Act, then that section 73 is deemed never to have come into force and is repealed.
(11) If section 24 of this Act comes into force before subsection 75(2) of the other Act, then that subsection 75(2) is repealed.
(12) If subsection 75(2) of the other Act comes into force on the same day as section 24 of this Act, then that subsection 75(2) is deemed to have come into force before that section 24.
(13) If subsection 25(1) of this Act comes into force before subsection 77(1) of the other Act, then that subsection 77(1) is repealed.
(14) If subsection 77(1) of the other Act comes into force on the same day as subsection 25(1) of this Act, then that subsection 77(1) is deemed to have come into force before that subsection 25(1).
(15) If subsection 77(2) of the other Act comes into force before subsection 25(2) of this Act, then that subsection 25(2) is repealed.
(16) If subsection 25(2) of this Act comes into force before subsection 77(2) of the other Act, then that subsection 77(2) is repealed.
(17) If subsection 77(2) of the other Act comes into force on the same day as subsection 25(2) of this Act, then that subsection 77(2) is deemed never to have come into force and is repealed.
(18) If subsection 77(3) of the other Act comes into force before subsection 25(3) of this Act, then that subsection 25(3) is repealed.
(19) If subsection 25(3) of this Act comes into force before subsection 77(3) of the other Act, then that subsection 77(3) is repealed.
(20) If subsection 77(3) of the other Act comes into force on the same day as subsection 25(3) of this Act, then that subsection 77(3) is deemed never to have come into force and is repealed.
(21) If section 26 of this Act comes into force before section 79 of the other Act, then that section 79 is repealed.
(22) If section 79 of the other Act comes into force on the same day as section 26 of this Act, then that section 79 is deemed to have come into force before that section 26.
An Act to amend the Criminal Code (interception of private communications and related warrants and orders)
38. (1) Subsections (2) to (7) apply if a Bill entitled An Act to amend the Criminal Code (interception of private communications and related warrants and orders) (in this section referred to as the “other Act”) is introduced in the 3rd session of the 40th Parliament and receives royal assent.
(2) On the first day on which both the other Act and section 13 of this Act are in force,
(a) subsection 184.2(5) of the Criminal Code is replaced by the following:
Related warrant or order
(5) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order relates to the investigation in respect of which the application for the authorization is made.
(b) subsection 186(8) of the Criminal Code is replaced by the following:
Related warrant or order
(8) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order relates to the investigation in respect of which the application for the authorization is made.
(3) If the other Act comes into force before section 15 of this Act, then that section 15 is repealed.
(4) If section 15 of this Act comes into force before the other Act, then section 9 of the other Act is repealed.
(5) If the other Act comes into force on the same day as section 15 of this Act, then the other Act is deemed to have come into force before that section 15 and subsection (3) applies as a consequence.
(6) If section 17 of this Act comes into force before the other Act, then sections 10 and 11 of the other Act are repealed.
(7) If the other Act comes into force on the same day as section 17 of this Act, then the other Act is deemed to have come into force before that section 17.
COMING INTO FORCE
Order in council
39. The provisions of this Act, other than sections 37 and 38, come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
Available from:
Publishing and Depository Services
Public Works and Government Services Canada
Available from:
Publishing and Depository Services
Public Works and Government Services Canada
Explanatory Notes
Competition Act
Clause 19: (1) Existing text of the definition:
“record” includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy or portion thereof;
(2) New.
Clause 20: New.
Clause 21: Existing text of subsection 16(6):
(6) In this section, “computer system” and “data” have the meanings set out in subsection 342.1(2) of the Criminal Code.
Clause 22: Existing text of subsection 20(2):
(2) Copies of any records referred to in subsection (1), including copies by any process of photographic 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.
Clause 23: Existing text of the definition:
“data” means representations, in any form, of information or concepts.
Clause 24: Relevant portion of subsection 52(2):
(2) For the purposes of this section, a representation that is
...
(d) made in the course of in-store, door-to-door or telephone selling to a person as ultimate user, or
...
is deemed to be made to the public by and only by the person who causes the representation to be so expressed, made or contained, subject to subsection (2.1).
Clause 25: (1) Existing text of subsection 52.1(1):
52.1 (1) In this section, “telemarketing” means the practice of using interactive telephone communications for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest.
(2) Relevant portion of subsection 52.1(2):
(2) No person shall engage in telemarketing unless
(a) disclosure is made, in a fair and reasonable manner at the beginning of each telephone communication, of the identity of the person on behalf of whom the communication is made, the nature of the product or business interest being promoted and the purposes of the communication;
(3) Existing text of subsection 52.1(5):
(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 telephone 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 telephone communication.
Clause 26: Relevant portion of subsection 74.03(1):
74.03 (1) For the purposes of sections 74.01 and 74.02, a representation that is
...
(d) made in the course of in-store, door-to-door or telephone selling to a person as ultimate user, or
...
is deemed to be made to the public by and only by the person who causes the representation to be so expressed, made or contained, subject to subsection (2).
Mutual Legal Assistance in Criminal Matters Act
Clause 27: Existing text of the definitions:
“data” means representations, in any form, of information or concepts;
“record” means any material on which data are recorded or marked and which is capable of being read or understood by a person or a computer system or other device;
Clause 28: New.
Clause 29: Existing text of section 13.1:
13.1 (1) A judge of the province to whom an application is made under subsection 11(2) may, in a manner provided for by the Criminal Code, issue a warrant, other than a warrant referred to in section 12, to use any device or other 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.
(2) A warrant issued under subsection (1) may be obtained, issued and executed in the manner prescribed by the Criminal Code, with any modifications that the circumstances may require.
(3) Despite subsection (2), subsections 12(3) and (4) and sections 14 to 16 apply in respect of a warrant issued under subsection (1), and any sections of the Criminal Code inconsistent with those provisions do not apply.
Clause 30: New.
Clause 31: Existing text of the heading:
Evidence for Use Abroad
Clause 32: New.
Clause 33: New.
Clause 34: New.
Clause 35: Existing text of subsection 36(2):
(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 information 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.
Clause 36: (1) and (2) Existing text of section 44:
44. (1) Subject to subsection 38(2), a record sent to the Minister by a state or entity in accordance with a Canadian request is privileged and no person shall disclose to anyone the record or its purport or the contents of the record or any part of it before the record, in compliance with the conditions on which it was so sent, is made public or disclosed in the course or for the purpose of giving evidence.
(2) No person in possession of a record mentioned in subsection (1) or of a copy thereof, or who has knowledge of any information 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 information that is contained therein.