GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 487.017
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. 2004, c. 3, s. 7; 2014, c. 31, s. 20
Criminal Code — C-46 487.018
Production order — financial data 487.018 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a financial institution, as defined in section 2 of the Bank Act , or a person or entity referred to in section 5 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act , to prepare and produce a document setting out the following data that is in their possession or control when they receive the order: (a) the account number of a person named in the order or the name of a person whose account number is specified in the order, as well as, in the case of digital assets, including virtual currency, the name and account number of a person whose identifier associated with digital assets is specified in the order; (b) the type of account; (c) the status of the account; and (d) the date on which it was opened or closed. Identification of person (2) For the purpose of confirming the identity of a person who is named or whose account number or identifier associated with digital assets is specified in the order, the order may also require the institution, person or entity to prepare and produce a document setting out the following data that is in their possession or control: (a) the date of birth of a person who is named or whose account number or identifier associated with digital assets is specified in the order; (b) that person’s current address; and (c) any previous addresses of that person. 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. 2014, c. 31, s. 20 2024, c. 15, s. 312
Criminal Code — C-46 487.019
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 or 487.0141, 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. 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. 2014, c. 31, s. 20 2019, c. 25, s. 193 2024, c. 17, s. 358
Criminal Code — C-46 487.0191
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 an 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 demand or 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. 2014, c. 31, s. 20 2024, c. 17, s. 359
Criminal Code — C-46 487.0192
Particulars — production orders 487.0192 (1) An order made under any of sections 487.014, 487.0141 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 or 487.0141 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 . 2014, c. 31, s. 20 2024, c. 17, s. 360
Criminal Code — C-46 487.01921
Application for review of keep account open or active order 487.01921 (1) A person who is subject to an order made under section 487.0131 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 may make the application only if they give at least three days’ notice of their intention to do so to a peace officer or public officer named in the order. Compliance with order (3) The person must comply with the order until a decision is made with respect to the application. Hearing (4) The hearing of the application must be commenced within 14 days after the application is made or as soon as practicable after that period. Revocation or variation of order (5) The justice or judge may revoke or vary the order if they are satisfied that it is unreasonable in the circumstances to require the person to keep the account open or active. 2024, c. 17, s. 361
Criminal Code — C-46 487.0193
Application for review of production order 487.0193 (1) 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. 2014, c. 31, s. 20
Criminal Code — C-46 487.0194
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 new preservation order or 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. 2014, c. 31, s. 20
Criminal Code — C-46 487.0195
For greater certainty 487.0195 (1) For greater certainty, no preservation demand, preservation order, keep account open or active 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, to voluntarily keep an account open or active that the person is not prohibited by law from keeping open or active 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, keeps an account open or active or provides a document in those circumstances does not incur any criminal or civil liability for doing so. 2014, c. 31, s. 20 2024, c. 17, s. 362
Criminal Code — C-46 487.0196
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. 2014, c. 31, s. 20
Criminal Code — C-46 487.0197
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. 2014, c. 31, s. 20
Criminal Code — C-46 487.0198
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 liable to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both. 2014, c. 31, s. 20 2019, c. 25, s. 194
Criminal Code — C-46 487.0199
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. 2014, c. 31, s. 20
Criminal Code — C-46 487.02
Assistance order 487.02 (1) If an authorization is given under section 184.2, 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. The order has effect throughout Canada. Telecommunication (2) If the authorization is given or the warrant is issued by a means of telecommunication under section 184.3 or 487.1, the order to provide assistance may be issued by a means of telecommunication and, in that case, section 184.3 or 487.1, as the case may be, applies with respect to the order. 1993, c. 40, s. 15; 1997, c. 18, s. 43; 2014, c. 31, s. 20 2019, c. 25, s. 195 2022, c. 17, s. 18
Criminal Code — C-46 487.021
Review 487.021 (1) Within seven years after the coming into force of this section, a comprehensive review of the provisions and operation of sections 487.011 to 487.02 shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose. Report (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends. 2014, c. 31, s. 20
Criminal Code — C-46
adult has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act ; ( adulte )
Criminal Code — C-46
designated offence means a primary designated offence or a secondary designated offence; ( infraction désignée )
Criminal Code — C-46
DNA means deoxyribonucleic acid; ( ADN )
Criminal Code — C-46 (a)
forensic DNA analysis (a) in relation to a bodily substance that is taken from a person in execution of a warrant under section 487.05, means forensic DNA analysis of the bodily substance and the comparison of the results of that analysis with the results of the analysis of the DNA in the bodily substance referred to in paragraph 487.05(1)(b), and includes any incidental tests associated with that analysis, and (b) in relation to a bodily substance that is provided voluntarily in the course of an investigation of a designated offence or is taken from a person under an order made under section 487.051 or an authorization granted under section 487.055 or 487.091, or to a bodily substance referred to in paragraph 487.05(1)(b), means forensic DNA analysis of the bodily substance; ( analyse génétique )
Criminal Code — C-46 (a)
ich this paragraph comes into force: (i) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse), (ii) subsection 212(2) (living on the avails of prostitution of person under 18 years), (iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and (iv) subsection 212(4) (prostitution of person under 18 years), (c.03) an offence under any of paragraphs 212(1)(a) to (h) (procuring) of this Act, as they read from time to time before the day on which this paragraph comes into force, (c.1) an offence under any of the following provisions of the Foreign Interference and Security of Information Act , namely, (i) section 6 (approaching, entering, etc., a prohibited place), (ii) subsection 20(1) (intimidation, threats or violence), (ii.1) subsection 20.1(1) (intimidation, threats or violence outside Canada), (ii.2) subsection 20.2(1) (committing indictable offence for foreign entity), (ii.3) subsection 20.3(1) (engaging in surreptitious or deceptive conduct), (ii.4) subsection 20.4(1) (influencing political or governmental process), and (iii) subsection 21(1) (harbouring or concealing), and (d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.03); ( infraction primaire )
Criminal Code — C-46
provincial court judge , in relation to a young person, includes a youth justice court judge within the meaning of subsection 2(1) of the Youth Criminal Justice Act ; ( juge de la cour provinciale )
Criminal Code — C-46 (a)
to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, that may be prosecuted by indictment or, for section 487.051 to apply, is prosecuted by indictment, and (e) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit (i) an offence referred to in paragraph (a) or (b) — which, for section 487.051 to apply, is prosecuted by indictment, or (ii) an offence referred to in any of paragraphs (c) to (d.2); ( infraction secondaire )
Criminal Code — C-46
Young Offenders Act means chapter Y-1 of the Revised Statutes of Canada, 1985; ( Loi sur les jeunes contrevenants )
Criminal Code — C-46
young person has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act or subsection 2(1) of the Young Offenders Act, as the case may be. ( adolescent )
Criminal Code — C-46 487.05
Information for warrant to take bodily substances for forensic DNA analysis 487.05 (1) A provincial court judge who on ex parte application made in Form 5.01 is satisfied by information on oath that there are reasonable grounds to believe (a) that a designated offence has been committed, (b) that a bodily substance has been found or obtained (i) at the place where the offence was committed, (ii) on or within the body of the victim of the offence, (iii) on anything worn or carried by the victim at the time when the offence was committed, or (iv) on or within the body of any person or thing or at any place associated with the commission of the offence, (c) that a person was a party to the offence, and (d) that forensic DNA analysis of a bodily substance from the person will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person and who is satisfied that it is in the best interests of the administration of justice to do so may issue a warrant in Form 5.02 authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of samples of one or more bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1). Criteria (2) In considering whether to issue the warrant, the provincial court judge shall have regard to all relevant matters, including (a) the nature of the designated offence and the circumstances of its commission; and (b) whether there is (i) a peace officer who is able, by virtue of training or experience, to take samples of bodily substances from the person, by means of the investigative procedures described in subsection 487.06(1), or (ii) another person who is able, by virtue of training or experience, to take, under the direction of a peace officer, samples of bodily substances from the person, by means of those investigative procedures. (3) [Repealed, 2022, c. 17, s. 20] Execution in Canada (4) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed. 1995, c. 27, s. 1; 1997, c. 18, s. 44; 1998, c. 37, s. 16; 2005, c. 25, s. 2(F) 2019, c. 25, s. 197 2022, c. 17, s. 20
Criminal Code — C-46 487.051
Order — primary designated offences 487.051 (1) The court shall make an order in Form 5.03 authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act , of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraphs (a) and (c.02) of the definition primary designated offence in section 487.04 when the person is sentenced or discharged. Order  —  primary designated offences (2) The court shall make such an order in Form 5.03 in relation to a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act , of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of any of paragraphs (a.1) to (c.01) and (c.03) to (d) of the definition primary designated offence in section 487.04 when the person is sentenced or discharged. However, the court is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders. Order — persons found not criminally responsible and secondary designated offences (3) The court may, on application by the prosecutor and if it is satisfied that it is in the best interests of the administration of justice to do so, make such an order in Form 5.04 in relation to (a) a person who is found not criminally responsible on account of mental disorder for an offence committed at any time, including before June 30, 2000, if that offence is a designated offence when the finding is made; or (b) a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act , of an offence committed at any time, including before June 30, 2000, if that offence is a secondary designated offence when the person is sentenced or discharged. In deciding whether to make the order, the court shall consider the person’s criminal record, whether they were previously found not criminally responsible on account of mental disorder for a designated offence, the nature of the offence, the circumstances surrounding its commission and the impact such an order would have on the person’s privacy and security of the person and shall give reasons for its decision. Order to offender (4) When the court makes an order authorizing the taking of samples of bodily substances, it may make an order in Form 5.041 to require the person to report at the place, day and time set out in the order and submit to the taking of the samples. 1998, c. 37, s. 17; 2002, c. 1, s. 176; 2005, c. 25, s. 3; 2007, c. 22, ss. 9, 47; 2014, c. 25, s. 24