Bill C-51: An Act to amend the Criminal Code, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act

C-51 Third Session, Fortieth Parliament, 59 Elizabeth II, 2010 HOUSE OF COMMONS OF CANADA BILL C-51 An Act to amend the Criminal Code, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act first reading, November 1, 2010 MINISTER OF JUSTICE 90521 SUMMARY The enactment amends the Criminal Code to add new investigative powers in relation to computer crime and the use of new technologies in the commission of crimes. It provides, among other things, for (a) the power to make preservation demands and orders to compel the preservation of electronic evidence; (b) new production orders to compel the production of data relating to the transmission of communications and the location of transactions, individuals or things; (c) a warrant to obtain transmission data that will extend to all means of telecommunication the investigative powers that are currently restricted to data associated with telephones; and (d) warrants that will enable the tracking of transactions, individuals and things and that are subject to legal thresholds appropriate to the interests at stake. The enactment amends offences in the Criminal Code relating to hate propaganda and its communication over the Internet, false information, indecent communications, harassing communications, devices used to obtain telecommunication services without payment and devices used to obtain the unauthorized use of computer systems or to commit mischief. The enactment amends the Competition Act to make applicable, for the purpose of enforcing certain provisions of that Act, the new provisions being added to the Criminal Code respecting demands and orders for the preservation of computer data and orders for the production of documents relating to the transmission of communications or financial data. It also modernizes the provisions of the Act relating to electronic evidence and provides for more effective enforcement in a technologically advanced environment. The enactment also amends the Mutual Legal Assistance in Criminal Matters Act to make some of the new investigative powers being added to the Criminal Code available to Canadian authorities executing incoming requests for assistance and to allow the Commissioner of Competition to execute search warrants under the Mutual Legal Assistance in Criminal Matters Act. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 3rd Session, 40th Parliament, 59 Elizabeth II, 2010 house of commons of canada BILL C-51 An Act to amend the Criminal Code, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Investigative Powers for the 21st Century Act. R.S., c. C-46 CRIMINAL CODE 2005, c. 32, s. 9(1) 2. (1) The portion of subsection 164.1(1) of the Criminal Code before paragraph (a) is replaced by the following: Warrant of seizure 164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — namely child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or computer data within the meaning of subsection 342.1(2) that makes child pornography or a voyeuristic recording available — that is stored on and made available through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to 2005, c. 32, s. 9(2) (2) Subsection 164.1(5) of the Act is replaced by the following: Order (5) If the court is satisfied, on a balance of probabilities, that the material is child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or computer data within the meaning of subsection 342.1(2) that makes child pornography or the voyeuristic recording available, it may order the custodian of the computer system to delete the material. 2005, c. 32, s. 9(3) (3) Subsection 164.1(7) of the Act is replaced by the following: Return of material (7) If the court is not satisfied that the material is child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or computer data within the meaning of subsection 342.1(2) that makes child pornography or the voyeuristic recording available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b). 2004, c. 15, s. 108 3. (1) Subparagraph (a)(lviii) of the definition “offence” in section 183 of the Act is replaced by the following: (lviii) section 342.2 (possession of device to obtain unauthorized use of computer system or to commit mischief), 2004, c. 15, s. 108 (2) Subparagraph (a)(lxvii) of the definition “offence” in section 183 of the Act is replaced by the following: (lxvii) section 372 (false information), 2004, c. 14, s. 1 4. Subsection 318(4) of the Act is replaced by the following: Definition of “identifiable group” (4) In this section, “identifiable group” means any section of the public distinguished by colour, race, religion, national or ethnic origin or sexual orientation. 5. The definition “communicating” in subsection 319(7) of the Act is replaced by the following: “communi­cating”« communiquer » “communicating” means communicating by any means and includes making available; 2001, c. 41, s. 10 6. (1) The portion of subsection 320.1(1) of the Act before paragraph (a) is replaced by the following: Warrant of seizure 320.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material that is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to 2001, c. 41, s. 10 (2) Subsection 320.1(5) of the Act is replaced by the following: Order (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material. 2001, c. 41, s. 10 (3) Subsection 320.1(7) of the Act is replaced by the following: Return of material (7) If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b). 7. (1) Paragraph 326(1)(b) of the French version of the Act is replaced by the following: b) soit utilise une installation de télécommunication ou obtient un service de télécommunication. (2) Subsection 326(2) of the Act is repealed. 8. Section 327 of the Act is replaced by the following: Possession, etc., of device to obtain use of telecommunication facility or telecommunication service 327. (1) Everyone who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used for that purpose, is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. Forfeiture (2) If a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs. Limitation (3) No order for forfeiture is to be made in respect of telecommunication facilities or equipment by means of which an offence under subsection (1) is committed if they are owned by a person engaged in providing a telecommunication service to the public or form part of such a person’s telecommunication service or system and that person is not a party to the offence. Definition of “device” (4) In this section, “device” includes (a) a component of a device; and (b) a computer program within the meaning of subsection 342.1(2). R.S., c. 27 (1st Supp.), s. 45; 1997, c. 18, s. 18(1) 9. (1) Subsection 342.1(1) of the Act is replaced by the following: Unauthorized use of computer 342.1 (1) Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction who, fraud- ulently and without colour of right, (a) obtains, directly or indirectly, any computer service; (b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system; (c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or under section 430 in relation to computer data or a computer system; or (d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c). R.S., c. 27 (1st Supp.), s. 45 (2) The definition “data” in subsection 342.1(2) of the Act is repealed. R.S., c. 27 (1st Supp.), s. 45; 1997, c. 18, s. 18(2) (3) The definitions “computer password”, “computer program”, “computer service” and “computer system” in subsection 342.1(2) of the Act are replaced by the following: “computer password”« mot de passe » “computer password” means any computer data by which a computer service or computer system is capable of being obtained or used; “computer program”« programme d’ordinateur » “computer program” means computer data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function; “computer service”« service d’ordinateur » “computer service” includes data processing and the storage or retrieval of computer data; “computer system”« ordinateur » “computer system” means a device that, or a group of interconnected or related devices one or more of which, (a) contains computer programs or other computer data, and (b) by means of computer programs, (i) performs logic and control, and (ii) may perform any other function; (4) Subsection 342.1(2) of the Act is amended by adding the following in alphabetical order: “computer data”« données informatiques » “computer data” means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system; 1997, c. 18, s. 19 10. (1) Subsections 342.2(1) and (2) of the Act are replaced by the following: Possession of device to obtain unauthorized use of computer system or to commit mischief 342.2 (1) Everyone who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to commit an offence under section 342.1 or 430, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to commit such an offence, is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. Forfeiture (2) If a person is convicted of an offence under subsection (1), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs. (2) Section 342.2 of the Act is amended by adding the following after subsection (3): Definition of “device” (4) In this section, “device” includes (a) a component of a device; and (b) a computer program within the meaning of subsection 342.1(2). 11. Sections 371 and 372 of the Act are replaced by the following: Message in false name 371. Everyone who, with intent to defraud, causes a message to be sent as if it were sent under the authority of another person, knowing that it is not sent under that authority and with intent that it should be acted on as if it were, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. False information 372. (1) Everyone commits an offence who, with intent to injure or alarm a person, conveys information that they know is false, or causes such information to be conveyed by letter or any means of telecommunication. Indecent communications (2) Everyone commits an offence who, with intent to alarm or annoy a person, makes an indecent communication to that person or to any other person by a means of telecommunication. Harassing communications (3) Everyone commits an offence who, without lawful excuse and with intent to harass a person, repeatedly communicates, or causes repeated communications to be made, with them by a means of telecommunication. Punishment (4) Everyone who commits an offence under this section is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. R.S., c. 27 (1st Supp.), s. 57(1) 12. (1) Subsection 430(1.1) of the Act is replaced by the following: Mischief in relation to computer data (1.1) Everyone commits mischief who wilfully (a) destroys or alters computer data; (b) renders computer data meaningless, useless or ineffective; (c) obstructs, interrupts or interferes with the lawful use of computer data; or (d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it. R.S., c. 27 (1st Supp.), s. 57(2) (2) The portion of subsection 430(5) of the Act before paragraph (a) is replaced by the following: Mischief in relation to computer data (5) Everyone who commits mischief in relation to computer data R.S., c. 27 (1st Supp.), s. 57(2) (3) The portion of subsection 430(5.1) of the Act before paragraph (a) is replaced by the following: Offence (5.1) Everyone who wilfully does an act or wilfully omits to do an act that it is their duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or computer data, R.S., c. 27 (1st Supp.), s. 57(3) (4) Subsection 430(8) of the Act is replaced by the following: Definition of “computer data” (8) In this section, “computer data” has the same meaning as in subsection 342.1(2). 1997, c. 18, s. 43; 2004, c. 3, s. 7 13. Sections 487.011 to 487.02 of the Act are replaced by the following: Definitions 487.011 The following definitions apply in this section and in sections 487.012 to 487.0199. “computer data”« données informatiques » “computer data” has the same meaning as in subsection 342.1(2). “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. “document”« document » “document” means a medium on which data is registered or marked. “judge”« juge » “judge” means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. “public officer”« fonctionnaire public » “public officer” means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament. “tracking data”« données de localisation » “tracking data” means data that relates to the location of a transaction, individual or thing. “transmission data”« données de transmission » “transmission data” means data that (a) relates to the telecommunication functions of dialling, routing, addressing or signalling; (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and (c) does not reveal the substance, meaning or purpose of the communication. Preservation demand 487.012 (1) A peace officer or public officer may make a demand to a person in Form 5.001 requiring them to preserve computer data that is in their possession or control when the demand is made. Conditions for making demand (2) The peace officer or public officer may make the demand only if they have reasonable grounds to suspect that (a) 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; (b) in the case of an offence committed under a law of a foreign state, an investigation is being conducted by a person or authority with responsibility in that state for the investigation of such offences; and (c) the computer data is in the person’s possession or control and will assist in the investigation of the offence. Limitation (3) A demand may not be made to a person who is under investigation for the offence referred to in paragraph (2)(a). Expiry and revocation of demand (4) A peace officer or public officer may revoke the demand by notice given to the person at any time. Unless the demand is revoked earlier, the demand expires 21 days after the day on which it is made. Conditions in demand (5) The peace officer or public officer who makes the demand may impose any conditions in the demand that they consider appropriate — including conditions prohibiting the disclosure of its existence or some or all of its contents — and may revoke a condition at any time by notice given to the person. No further demand (6) A peace officer or public officer may not make another demand requiring the person to preserve the same computer data in connection with the investigation. 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. 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. 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. Form (4) The order is to be in Form 5.003. 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. Expiry of order (6) Unless the order is revoked earlier, it expires 90 days after the day on which it is made. 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. 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. Form (3) The order is to be in Form 5.005. Limitation (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order. 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. 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. Form (3) The order is to be in Form 5.006. 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. Limitation (5) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order. 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. 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. 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. Form (3) The order is to be in Form 5.007. Limitation (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order. 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. 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. Form (3) The order is to be in Form 5.007. Limitation (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order. 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) either the account number of a person named in the order or the name of a person whose account number 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. Identification of person (2) For the purpose of confirming the identity of a person who is named or whose account number 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 is specified in the order; (b) that person’s current address; and (c) any previous addresses of that person. 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. Form (4) The order is to be in Form 5.008. 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. Conditions in preservation and production orders 487.019 (1) An order made under any of sections 487.013 to 487.018 may contain any conditions that the justice or judge considers appropriate including, in the case of an order made under section 487.014, conditions to protect a privileged communication between a person who is qualified to give legal advice and their client. Effect of order (2) The order has effect throughout Canada and, for greater certainty, no endorsement is needed for the order to be effective in a territorial division that is not the one in which the order is made. Power to revoke or vary order (3) On ex parte application made by a peace officer or public officer, the justice or judge who made the order — or a judge in the judicial district where the order was made — may, on the basis of an information on oath in Form 5.0081, revoke or vary the order. The peace officer or public officer must give notice of the revocation or variation to the person who is subject to the order as soon as feasible. Order prohibiting disclosure 487.0191 (1) On ex parte application made by a peace officer or public officer, a justice or judge may make an order prohibiting a person from disclosing the existence or some or all of the contents of a preservation demand made under section 487.012 or a preservation or production order made under any of sections 487.013 to 487.018 during the period set out in the order. Conditions for making order (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.009 that there are reasonable grounds to believe that the disclosure during that period would jeopardize the conduct of the investigation of the offence to which the preservation demand or the preservation or production order relates. Form (3) The order is to be in Form 5.0091. Application to revoke or vary order (4) A peace officer or a public officer or a person, financial institution or entity that is subject to an order made under subsection (1) may apply in writing to the justice or judge who made the order — or to a judge in the judicial district where the order was made — to revoke or vary the order. Particulars — production orders 487.0192 (1) An order made under any of sections 487.014 and 487.016 to 487.018 must require a person, financial institution or entity to produce the document to a peace officer or public officer named in the order within the time, at the place and in the form specified in the order. Particulars — production order to trace specified communication (2) An order made under section 487.015 must require a person to produce the document to a peace officer or public officer named in the order as soon as feasible after they are served with the order at the place and in the form specified in the order. Form of production (3) For greater certainty, an order under any of sections 487.014 to 487.018 may specify that a document may be produced on or through an electro-magnetic medium. Non-application (4) For greater certainty, sections 489.1 and 490 do not apply to a document that is produced under an order under any of sections 487.014 to 487.018. Probative force of copies (5) Every copy of a document produced under section 487.014 is admissible in evidence in proceedings under this or any other Act of Parliament on proof by affidavit that it is a true copy and has the same probative force as the document would have if it were proved in the ordinary way. Canada Evidence Act (6) A document that is prepared for the purpose of production is considered to be original for the purposes of the Canada Evidence Act. Application for review of production order 487.0193 (1) At any time before they are required by an order made under any of sections 487.014 to 487.018 to produce a document, a person, financial institution or entity may apply in writing to the justice or judge who made the order — or to a judge in the judicial district where the order was made — to revoke or vary the order. Notice required (2) The person, institution or entity may make the application only if they give notice of their intention to do so to a peace officer or public officer named in the order within 30 days after the day on which the order is made. No obligation to produce (3) The person, institution or entity is not required to prepare or produce the document until a final decision is made with respect to the application. Revocation or variation of order (4) The justice or judge may revoke or vary the order if satisfied that (a) it is unreasonable in the circumstances to require the applicant to prepare or produce the document; or (b) production of the document would disclose information that is privileged or otherwise protected from disclosure by law. Destruction of preserved computer data and documents — preservation demand 487.0194 (1) A person to whom a preservation demand is made under section 487.012 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section as soon as feasible after the demand expires or is revoked, unless they are subject to an order made under any of sections 487.013 to 487.017 with respect to the computer data. Destruction of preserved computer data and documents — preservation order (2) A person who is subject to a preservation order made under section 487.013 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section as soon as feasible after the order expires or is revoked, unless they are subject to a production order made under any of sections 487.014 to 487.017 with respect to the computer data. Destruction of preserved computer data and documents — production order (3) A person who is subject to a production order made under any of sections 487.014 to 487.017 with respect to computer data that they preserved under a preservation demand or order made under section 487.012 or 487.013 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section as soon as feasible after the earlier of (a) the day on which the production order is revoked, and (b) the day on which a document that contains the computer data is produced under the production order. Destruction of preserved computer data and documents — warrant (4) Despite subsections (1) to (3), a person who preserved computer data under a preservation demand or order made under section 487.012 or 487.013 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section when a document that contains the computer data is obtained under a warrant. For greater certainty 487.0195 (1) For greater certainty, no preservation demand, preservation order or production order is necessary for a peace officer or public officer to ask a person to voluntarily preserve data that the person is not prohibited by law from preserving or to voluntarily provide a document to the officer that the person is not prohibited by law from disclosing. No civil or criminal liability (2) A person who preserves data or provides a document in those circumstances does not incur any criminal or civil liability for doing so. Self-incrimination 487.0196 No one is excused from complying with an order made under any of sections 487.014 to 487.018 on the ground that the document that they are required to produce may tend to incriminate them or subject them to a proceeding or penalty. However, no document that an individual is required to prepare may be used or received in evidence against them in a criminal proceeding that is subsequently instituted against them, other than a prosecution for an offence under section 132, 136 or 137. Offence — preservation demand 487.0197 A person who contravenes a preservation demand made under section 487.012 without lawful excuse is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $5,000. Offence — preservation or production order 487.0198 A person, financial institution or entity that contravenes an order made under any of sections 487.013 to 487.018 without lawful excuse is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $250,000 or to imprisonment for a term of not more than six months, or to both. Offence — destruction of preserved data 487.0199 A person who contravenes section 487.0194 without lawful excuse is guilty of an offence punishable on summary conviction. Assistance order 487.02 If an authorization is given under section 184.2, 184.3, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person’s assistance may reasonably be considered to be required to give effect to the authorization or warrant. 1995, c. 27, s. 1 14. The heading before section 487.1 of the Act is replaced by the following: Other Provisions Respecting Search Warrants, Preservation Orders and Production Orders 1997, c. 18, s. 46 15. Section 487.11 of the Act is replaced by the following: Exigent circumstances 487.11 Either a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament may, in the course of their duties, exercise any of the powers described in section 487, 492.1 or 492.2 without a warrant if the conditions for obtaining a warrant exist but it would not be feasible to obtain a warrant because of exigent circumstances. 2004, c. 3, s. 8(1) 16. (1) The portion of subsection 487.3(1) of the Act before paragraph (a) is replaced by the following: Order denying access to information 487.3 (1) On application made at the time an application is made for a warrant under this or any other Act of Parliament, an order under any of sections 487.013 to 487.018 or an authorization under section 529 or 529.4, or at a later time, a justice, a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec may make an order prohibiting access to, and the disclosure of, any information relating to the warrant, order or authorization on the ground that 1997, c. 23, s. 14 (2) Paragraph 487.3(1)(b) of the English version of the Act is replaced by the following: (b) the reason referred to in paragraph (a) outweighs in importance the access to the information. 1993, c. 40, s. 18; 1999, c. 5, ss. 18 and 19 17. Sections 492.1 and 492.2 of the Act are replaced by the following: Warrant for tracking device — transactions and things 492.1 (1) A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed under this or any other Act of Parliament and that tracking the location of one or more transactions or the location or movement of a thing, including a vehicle, will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain that tracking data by means of a tracking device. Warrant for tracking device — individuals (2) A justice or judge who is satisfied by information on oath that there are reasonable grounds to believe that an offence has been or will be committed under this or any other Act of Parliament and that tracking an individual’s movement by identifying the location of a thing that is usually carried or worn by the individual will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain that tracking data by means of a tracking device. Scope of warrant (3) The warrant authorizes the peace officer or public officer, or a person acting under their authority, to install, activate, use, maintain, monitor and remove the tracking device, including covertly. Conditions (4) A warrant may contain any conditions that the justice or judge considers appropriate, including conditions to protect a person’s interests. Period of validity (5) Subject to subsection (6), a warrant is valid for the period specified in it as long as that period ends no more than 60 days after the day on which the warrant is issued. Period of validity — organized crime and terrorism offence (6) A warrant is valid for the period specified in it as long as that period ends no more than one year after the day on which the warrant is issued, if the warrant relates to (a) an offence under any of sections 467.11 to 467.13; (b) an offence committed for the benefit of, at the direction of, or in association with a criminal organization; or (c) a terrorism offence. Removal after expiry of warrant (7) On ex parte application supported by an affidavit, the justice or judge who issued a warrant or another justice or judge who has jurisdiction to issue such warrants may authorize the covert removal of the tracking device after the expiry of the warrant under any conditions that the justice or judge considers advisable in the public interest. The authorization is valid for the period specified in it as long as that period is not more than 90 days. Definitions (8) The following definitions apply in this section. “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. “judge”« juge » “judge” means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. “public officer”« fonctionnaire public » “public officer” means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament. “tracking data”« données de localisation » “tracking data” means data that relates to the location of a transaction, individual or thing. “tracking device”« dispositif de localisation » “tracking device” means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record tracking data or to transmit it by a means of telecommunication. Warrant for transmission data recorder 492.2 (1) A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed against this or any other Act of Parliament and that transmission data will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain the transmission data by means of a transmission data recorder. Scope of warrant (2) The warrant authorizes the peace officer or public officer, or a person acting under their authority, to install, activate, use, maintain, monitor and remove the transmission data recorder, including covertly. Limitation (3) No warrant shall be issued under this section for the purpose of obtaining tracking data. Period of validity (4) Subject to subsection (5), a warrant is valid for the period specified in it as long as that period ends no more than 60 days after the day on which the warrant is issued. Period of validity — organized crime or terrorism offence (5) The warrant is valid for the period specified in it as long as that period ends no more than one year after the day on which the warrant is issued, if the warrant relates to (a) an offence under any of sections 467.11 to 467.13; (b) an offence committed for the benefit of, at the direction of, or in association with a criminal organization; or (c) a terrorism offence. Definitions (6) The following definitions apply in this section. “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. “judge”« juge » “judge” means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. “public officer”« fonctionnaire public » “public officer” means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament. “transmission data”« données de transmission » “transmission data” means data that (a) relates to the telecommunication functions of dialling, routing, addressing or signalling; (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and (c) does not reveal the substance, meaning or purpose of the communication. “transmission data recorder”« enregistreur de données de transmission » “transmission data recorder” means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record transmission data or to transmit it by a means of telecommunication. 18. Part XXVIII of the Act is amended by adding the following after Form 5: FORM 5.001 (Subsection 487.012(1)) PRESERVATION DEMAND Canada, Province of .......... (territorial division) To (name of person), of .........., (office or occupation): Because I have reasonable grounds to suspect that the computer data specified below is in your possession or control and that that computer data will assist in the investigation of an offence that has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament), (or) will assist in the investigation of an offence that has been committed under (specify the provision of the law of the foreign state) that is being conducted by a person or authority, (name of person or authority), with responsibility in (specify the name of the foreign state) for the investigation of such offences, you are required to preserve (specify the computer data) that is in your possession or control when you receive this demand until (insert date) unless, before that date, this demand is revoked or a document that contains that data is obtained under a warrant or an order. This demand is subject to the following conditions: If you contravene this demand without lawful excuse, you may be subject to a fine. You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code. If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both. .................................................. (Signature of peace officer or public officer) FORM 5.002 (Subsection 487.013(2)) INFORMATION TO OBTAIN A PRESERVATION 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 suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) (or has been committed under (specify the provision of the law of the foreign state)) and that (specify the computer data) is in the possession or control of (name of the person) and will assist in the investigation of the offence. The informant also says that a peace officer or public officer intends to apply or has applied for a warrant or order in connection with the investigation to obtain a document that contains the computer data (and, if applicable, and that (name of person or authority) is conducting the investigation and has responsibility for the investigation of such offences in (insert the name of the foreign state)). The reasonable grounds are: (including, if applicable, whether a preservation demand was made under section 487.012 of the Criminal Code) The informant therefore requests that (name of the person) be ordered to preserve (specify the computer data) that is in their possession or control when they receive the order for 90 days 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 5.003 (Subsection 487.013(4)) PRESERVATION ORDER 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 .........., (a) 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) (or has been committed under (specify the provision of the law of the foreign state)) and that (specify the computer data) is in your possession or control and 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 order to obtain a document that contains the computer data (and, if applicable, and that (name of person or authority) is conducting the investigation and has responsibility for the investigation of such offences in (insert the name of the foreign state)); Therefore, you are required to preserve the specified computer data that is in your possession or control when you receive this order until (insert date) unless, before that date, this order is revoked or a document that contains that data is obtained under a warrant or an order. This order is subject to the following conditions: If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both. You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code. If you contravene that provision 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 5.004 (Subsections 487.014(2), 487.015(2), 487.016(2), 487.017(2) and 487.018(3)) INFORMATION TO OBTAIN A PRODUCTION 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 suspect (or, if the application is for an order under section 487.014 of the Criminal Code, reasonable grounds to believe) (a) that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament); and (b) (if the application is for an order under section 487.014 of the Criminal Code) that (specify the document or data) is in the possession or control of (name of the person) and will afford evidence respecting the commission of the offence. (or) (b) (if the application is for an order under section 487.015 of the Criminal Code) that the identification of a device or person involved in the transmission of (specify the communication) will assist in the investigation of the offence and that (specify the transmission data) that is in the possession or control of one or more persons whose identity is unknown will enable that identification. (or) (b) (if the application is for an order under section 487.016 of the Criminal Code) that (specify the transmission data) is in the possession or control of (name of the person) and will assist in the investigation of the offence. (or) (b) (if the application is for an order under section 487.017 of the Criminal Code) that (specify the tracking data) is in the possession or control of (name of the person) and will assist in the investigation of the offence. (or) (b) (if the application is for an order under section 487.018 of the Criminal Code) that (specify the data) is in the possession or control of (name of the financial institution, person or entity) and will assist in the investigation of the offence. The reasonable grounds are: The informant therefore requests (if the application is for an order under section 487.014 of the Criminal Code) that (name of the person) be ordered to produce a document that is a copy of (specify the document) that is in their possession or control when they receive the order (and/or to prepare and produce a document containing (specify the data) that is in their possession or control when they receive the order). (or) (if the application is for an order under section 487.015 of the Criminal Code) that a person who is served with the order in accordance with subsection 487.015(4) of the Criminal Code be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they are served with the order. (or) (if the application is for an order under section 487.016 of the Criminal Code) that (name of the person) be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they receive the order. (or) (if the application is for an order under section 487.017 of the Criminal Code) that (name of the person) be ordered to prepare and produce a document containing (specify the tracking data) that is in their possession or control when they receive the order. (or) (if the application is for an order under section 487.018 of the Criminal Code) that (name of the financial institution, person or entity) be ordered to prepare and produce a document setting out (specify the data) that is in their possession or control when they receive the order. Sworn before me on (date), at (place). .................................................. (Signature of informant) .................................................. (Signature of justice or judge) FORM 5.005 (Subsection 487.014(3)) PRODUCTION ORDER FOR DOCUMENTS 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 believe 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 document or data) is in your possession or control and will afford evidence respecting the commission of the offence; Therefore, you are ordered to produce a document that is a copy of (specify the document) that is in your possession or control when you receive this order (and/or) prepare and produce a document containing (specify the data) 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 5.006 (Subsection 487.015(3)) PRODUCTION ORDER TO TRACE A COMMUNICATION Canada, Province of .......... (territorial division) 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), that the identification of a device or person involved in the transmission of (specify the communication) will assist in the investigation of the offence and that one or more persons whose identity was unknown when the application was made have possession or control of (specify the transmission data) that will enable that identification; Therefore, on being served with this order in accordance with subsection 487.015(4) of the Criminal Code, you are ordered to prepare and produce a document containing (specify transmission data) that is in your possession or control when you are served with this order. The document must be produced to (name of peace officer or public officer) as soon as feasible 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) Served on (name of person) on (date), at (place). .................................................. (Signature of peace officer or public officer) .................................................. (Signature of person served) FORM 5.007 (Subsections 487.016(3) and 487.017(3)) 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 » “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 » “computer system” has the same meaning as in subsection 342.1(2) of the Criminal Code; “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; “information”« 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 » “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 » “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 CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada Explanatory Notes Criminal Code Clause 2: (1) Relevant portion of subsection 164.1(1): 164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — namely child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or data within the meaning of subsection 342.1(2) that makes child pornography or a voyeuristic recording available — that is stored on and made available through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to (2) Existing text of subsection 164.1(5): (5) If the court is satisfied, on a balance of probabilities, that the material is child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or data within the meaning of subsection 342.1(2) that makes child pornography or the voyeuristic recording available, it may order the custodian of the computer system to delete the material. (3) Existing text of subsection 164.1(7): (7) If the court is not satisfied that the material is child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or data within the meaning of subsection 342.1(2) that makes child pornography or the voyeuristic recording available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b). Clause 3: (1) and (2) Relevant portion of the definition: “offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to (a) any of the following provisions of this Act, namely, ... (lviii) section 342.2 (possession of device to obtain computer service), ... (lxvii) section 372 (false messages), Clause 4: Existing text of subsection 318(4): (4) In this section, “identifiable group” means any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation. Clause 5: Existing text of the definition: “communicating” includes communicating by telephone, broadcasting or other audible or visible means; Clause 6: (1) Relevant portion of subsection 320.1(1): 320.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds for believing that there is material that is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to (2) Existing text of subsection 320.1(5): (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material. (3) Existing text of subsection 320.1(7): (7) If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b). Clause 7: (1) Relevant portion of subsection 326(1): 326. (1) Every one commits theft who fraudulently, maliciously, or without colour of right, ... (b) uses any telecommunication facility or obtains any telecommunication service. (2) Existing text of subsection 326(2): (2) In this section and section 327, “telecommunication” means any transmission, emission or reception of signs, signals, writing, images or sounds or intelligence of any nature by wire, radio, visual or other electromagnetic system. Clause 8: Existing text of section 327: 327. (1) Every one who, without lawful excuse, the proof of which lies on him, manufactures, possesses, sells or offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for obtaining the use of any telecommunication facility or service, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to obtain the use of any telecommunication facility or service without payment of a lawful charge therefor, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. (2) Where a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), any instrument or device in relation to which the offence was committed or the possession of which constituted the offence, on such conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs. (3) No order for forfeiture shall be made under subsection (2) in respect of telephone, telegraph or other communication facilities or equipment owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of such a person by means of which an offence under subsection (1) has been committed if such person was not a party to the offence. Clause 9: (1) Existing text of subsection 342.1(1): 342.1 (1) Every one who, fraudulently and without colour of right, (a) obtains, directly or indirectly, any computer service, (b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system, (c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or (d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction. (2) and (3) Existing text of the definitions: “computer password” means any data by which a computer service or computer system is capable of being obtained or used; “computer program” means data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function; “computer service” includes data processing and the storage or retrieval of data; “computer system” means a device that, or a group of interconnected or related devices one or more of which, (a) contains computer programs or other data, and (b) pursuant to computer programs, (i) performs logic and control, and (ii) may perform any other function; “data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer system; (4) New. Clause 10: (1) Existing text of subsections 342.2(1) and (2): 342.2 (1) Every person who, without lawful justification or excuse, makes, possesses, sells, offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for committing an offence under section 342.1, under circumstances that give rise to a reasonable inference that the instrument, device or component has been used or is or was intended to be used to commit an offence contrary to that section, (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction. (2) Where a person is convicted of an offence under subsection (1), any instrument or device, in relation to which the offence was committed or the possession of which constituted the offence, may, in addition to any other punishment that may be imposed, be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs. (2) New. Clause 11: Existing text of sections 371 and 372: 371. Every one who, with intent to defraud, causes or procures a telegram, cablegram or radio message to be sent or delivered as being sent by the authority of another person, knowing that it is not sent by his authority and with intent that the message should be acted on as being sent by his authority, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. 372. (1) Every one who, with intent to injure or alarm any person, conveys or causes or procures to be conveyed by letter, telegram, telephone, cable, radio or otherwise information that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. (2) Every one who, with intent to alarm or annoy any person, makes any indecent telephone call to that person is guilty of an offence punishable on summary conviction. (3) Every one who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of an offence punishable on summary conviction. Clause 12: (1) Existing text of subsection 430(1.1): (1.1) Every one commits mischief who wilfully (a) destroys or alters data; (b) renders data meaningless, useless or ineffective; (c) obstructs, interrupts or interferes with the lawful use of data; or (d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto. (2) Relevant portion of subsection 430(5): (5) Every one who commits mischief in relation to data (3) Relevant portion of subsection 430(5.1): (5.1) Every one who wilfully does an act or wilfully omits to do an act that it is his duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or data, (4) Existing text of subsection 430(8): (8) In this section, “data” has the same meaning as in section 342.1. Clause 13: Existing text of sections 487.011 to 487.02: 487.011 The following definitions apply in sections 487.012 to 487.017. “data” has the same meaning as in subsection 342.1(2). “document” means any medium on which is recorded or marked anything that is capable of being read or understood by a person or a computer system or other device. 487.012 (1) A justice or judge may order a person, other than a person under investigation for an offence referred to in paragraph (3)(a), (a) to produce documents, or copies of them certified by affidavit to be true copies, or to produce data; or (b) to prepare a document based on documents or data already in existence and produce it. (2) The order shall require the documents or data to be produced within the time, at the place and in the form specified and given (a) to a peace officer named in the order; or (b) to a public officer named in the order, who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament. (3) Before making an order, the justice or judge must be satisfied, on the basis of an ex parte application containing information on oath in writing, that there are reasonable grounds to believe that (a) an offence against this Act or any other Act of Parliament has been or is suspected to have been committed; (b) the documents or data will afford evidence respecting the commission of the offence; and (c) the person who is subject to the order has possession or control of the documents or data. (4) The order may contain any terms and conditions that the justice or judge considers advisable in the circumstances, including terms and conditions to protect a privileged communication between a lawyer and their client or, in the province of Quebec, between a lawyer or a notary and their client. (5) The justice or judge who made the order, or a judge of the same territorial division, may revoke, renew or vary the order on an ex parte application made by the peace officer or public officer named in the order. (6) Sections 489.1 and 490 apply, with any modifications that the circumstances require, in respect of documents or data produced under this section. (7) Every copy of a document produced under this section, on proof by affidavit that it is a true copy, is admissible in evidence in proceedings under this or any other Act of Parliament and has the same probative force as the original document would have if it had been proved in the ordinary way. (8) Copies of documents produced under this section need not be returned. 487.013 (1) 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, unless they are under investigation for an offence referred to in paragraph (4)(a), to produce in writing the account number of a person named in the order or the name of a person whose account number is specified in the order, the status and type of the account, and the date on which it was opened or closed. (2) For the purpose of confirming the identity of the person named in the order or whose account number is specified in the order, the production order may require the financial institution, person or entity to produce that person’s date of birth, current address and any previous addresses. (3) The order shall require the information to be produced within the time, at the place and in the form specified and given (a) to a peace officer named in the order; or (b) to a public officer named in the order, who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament. (4) Before making an order, the justice or judge must be satisfied, on the basis of an ex parte application containing information on oath in writing, that there are reasonable grounds to suspect that (a) an offence against this Act or any other Act of Parliament has been or will be committed; (b) the information will assist in the investigation of the offence; and (c) the institution, person or entity that is subject to the order has possession or control of the information. (5) The order may contain any terms and conditions that the justice or judge considers advisable in the circumstances, including terms and conditions to protect a privileged communication between a lawyer and their client or, in the province of Quebec, between a lawyer or a notary and their client. (6) The justice or judge who made the order, or a judge of the same territorial division, may revoke, renew or vary the order on an ex parte application made by the peace officer or public officer named in the order. 487.014 (1) For greater certainty, no production order is necessary for a peace officer or public officer enforcing or administering this or any other Act of Parliament to ask a person to voluntarily provide to the officer documents, data or information that the person is not prohibited by law from disclosing. (2) A person who provides documents, data or information in the circumstances referred to in subsection (1) is deemed to be authorized to do so for the purposes of section 25. 487.015 (1) A person named in an order made under section 487.012 and a financial institution, person or entity named in an order made under section 487.013 may, before the order expires, apply in writing to the judge who issued the order, or a judge of the same territorial division as the judge or justice who issued the order, for an exemption from the requirement to produce any document, data or information referred to in the order. (2) A person, financial institution or entity may only make an application under subsection (1) if they give notice of their intention to do so to the peace officer or public officer named in the order, within 30 days after it is made. (3) The execution of a production order is suspended in respect of any document, data or information referred to in the application for exemption until a final decision is made in respect of the application. (4) The judge may grant the exemption if satisfied that (a) the document, data or information would disclose information that is privileged or otherwise protected from disclosure by law; (b) it is unreasonable to require the applicant to produce the document, data or information; or (c) the document, data or information is not in the possession or control of the applicant. 487.016 No person is excused from complying with an order made under section 487.012 or 487.013 on the ground that the document, data or information referred to in the order may tend to incriminate them or subject them to any proceeding or penalty, but no document prepared by an individual under paragraph 487.012(1)(b) may be used or received in evidence against that individual in any criminal proceedings subsequently instituted against them, other than a prosecution under section 132, 136 or 137. 487.017 A financial institution, person or entity who does not comply with a production order made under section 487.012 or 487.013 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000 or imprisonment for a term not exceeding six months, or to both. 487.02 Where an authorization is given under section 184.2, 184.3, 186 or 188, a warrant is issued under this Act or an order is made under subsection 492.2(2), the judge or justice who gives the authorization, issues the warrant or makes the order may order any person to provide assistance, where the person’s assistance may reasonably be considered to be required to give effect to the authorization, warrant or order. Clause 14: Existing text of the heading: Other Provisions respecting Search Warrants Clause 15: Existing text of section 487.11: 487.11 A peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, may, in the course of his or her duties, exercise any of the powers described in subsection 487(1) or 492.1(1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain a warrant. Clause 16: (1) and (2) Relevant portion of subsection 487.3(1): 487.3 (1) A judge or justice may, on application made at the time of issuing a warrant under this or any other Act of Parliament or a production order under section 487.012 or 487.013, or of granting an authorization to enter a dwelling-house under section 529 or an authorization under section 529.4 or at any time thereafter, make an order prohibiting access to and the disclosure of any information relating to the warrant, production order or authorization on the ground that ... (b) the ground referred to in paragraph (a) outweighs in importance the access to the information. Clause 17: Existing text of sections 492.1 and 492.2: 492.1 (1) A justice who is satisfied by information on oath in writing that there are reasonable grounds to suspect that an offence under this or any other Act of Parliament has been or will be committed and that information that is relevant to the commission of the offence, including the whereabouts of any person, can be obtained through the use of a tracking device, may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant (a) to install, maintain and remove a tracking device in or on any thing, including a thing carried, used or worn by any person; and (b) to monitor, or to have monitored, a tracking device installed in or on any thing. (2) A warrant issued under subsection (1) is valid for the period, not exceeding sixty days, mentioned in it. (3) A justice may issue further warrants under this section. (4) For the purposes of this section, “tracking device” means any device that, when installed in or on any thing, may be used to help ascertain, by electronic or other means, the location of any thing or person. (5) On ex parte application in writing supported by affidavit, the justice who issued a warrant under subsection (1) or a further warrant under subsection (3) or any other justice having jurisdiction to issue such warrants may authorize that the tracking device be covertly removed after the expiry of the warrant (a) under any terms or conditions that the justice considers advisable in the public interest; and (b) during any specified period of not more than sixty days. 492.2 (1) A justice who is satisfied by information on oath in writing that there are reasonable grounds to suspect that an offence under this or any other Act of Parliament has been or will be committed and that information that would assist in the investigation of the offence could be obtained through the use of a number recorder, may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant (a) to install, maintain and remove a number recorder in relation to any telephone or telephone line; and (b) to monitor, or to have monitored, the number recorder. (2) When the circumstances referred to in subsection (1) exist, a justice may order that any person or body that lawfully possesses records of telephone calls originated from, or received or intended to be received at, any telephone give the records, or a copy of the records, to a person named in the order. (3) Subsections 492.1(2) and (3) apply to warrants and orders issued under this section, with such modifications as the circumstances require. (4) For the purposes of this section, “number recorder” means any device that can be used to record or identify the telephone number or location of the telephone from which a telephone call originates, or at which it is received or is intended to be received. Clause 18: New. 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.