36.1 (1) In this section, “document” means a record, including a record prepared or stored in an electronic format, respecting the manufacture, purchase, sale, transportation, storage, distribution, delivery, consignment or possession of a tobacco product, and includes a ledger, account, invoice, receipt, voucher, banking record, bill of lading, memorandum, correspondence and e-mail message; (“document”) “person” means an individual, corporation, partnership, syndicate, trust or other business entity whether incorporated or not. (“personne”)  2004, c. 31, Sched. 36, s. 15; 2018, c. 8, Sched. 35, s. 10. Application for order (2) A provincial offences officer who is investigating a contravention of this Act or the regulations may make an application to a justice without notice for an order requiring any person, other than a person who is a subject of the investigation, to produce for inspection a document that is relevant to the investigation.  2004, c. 31, Sched. 36, s. 15. Information included in an application (3) An application under subsection (2) shall include information in writing under oath that there are reasonable grounds to believe that, (a)  an offence under this Act has been committed; (b)  the document or documents described in the application may afford evidence of the commission of the offence; and (c)  the person who is the subject of the application has possession or control of the document or documents described in the application.  2004, c. 31, Sched. 36, s. 15. Order (4) A justice who is satisfied that the requirements of subsection (3) have been met may issue an order requiring the person to produce for inspection the document or documents within such reasonable time as is stipulated in the order.  2004, c. 31, Sched. 36, s. 15. Terms and conditions (5) A justice may include in an order such terms and conditions as the justice considers necessary in the circumstances and, without restricting the generality of the foregoing, may include terms and conditions, (a)  to protect a communication between a solicitor and a client that may be privileged; (b)  to prohibit access to information relating to the order or to documents produced by the person to whom the order is directed; (c)  relating to the service of, or compliance with, the order.  2004, c. 31, Sched. 36, s. 15. Self-incrimination (6) No person is excused from complying with an order made under this section on the grounds that a document required to be produced under the order may tend to incriminate them or subject them to any proceeding or penalty.  2004, c. 31, Sched. 36, s. 15. Service on unincorporated person (7) An order under this section that is directed to an unincorporated person shall be served by a provincial offences officer by delivering it personally to the person, if the person is an individual, or to an owner, partner, representative or agent of the unincorporated person, in any other case.  2004, c. 31, Sched. 36, s. 15. Service on incorporated person (8) An order under this section that is directed to a person that is a corporation shall be served by a provincial offences officer by delivering it personally to an officer, director, manager or agent of the corporation, or to an individual apparently in charge of premises in Ontario that are occupied or controlled by the corporation.  2004, c. 31, Sched. 36, s. 15. Service outside Ontario (9) An order under this section may be served outside Ontario by sending it by registered mail to the person to whom it is directed.  2004, c. 31, Sched. 36, s. 15. Document in electronic format (10) If a document described in an order issued under this section was prepared or is stored or maintained in an electronic format, the person to whom the order is directed or upon whom it is served shall, on request, provide the officer serving the order with a paper printout or other legible copy of the document.  2004, c. 31, Sched. 36, s. 15. Photocopies (11) The person to whom an order issued under this section is directed or the person upon whom it is served shall, on request, permit the officer who serves the order to prepare a photocopy of any document described in the order and the officer who serves the order may certify the photocopy as a true copy of the original document.  2004, c. 31, Sched. 36, s. 15. Report to the justice (12) An officer who serves an order issued under this section shall, within 14 days following the expiry of the period specified for compliance with the order, file a report with the justice who issued the order or, if the justice who issued the order is unavailable, with the Regional Senior Justice of the Peace for the region in which the order was served, containing particulars of the date and manner of service and the subsequent compliance or non-compliance with the order by the person to whom the order is directed.  2004, c. 31, Sched. 36, s. 15. Application for exemption (13) The person to whom an order under this section is directed may, before the date specified for compliance with the order, apply in writing to the justice who issued the order or, if the justice who issued the order is unavailable, to the Regional Senior Justice of the Peace for the region in which the order was served, for an exemption from the requirement to produce a document described in the order.  2004, c. 31, Sched. 36, s. 15. Material filed with Regional Senior Justice (14) If a report under subsection (12) or an application under subsection (13) is filed with a Regional Senior Justice of the Peace instead of with the justice who issued the order, the Regional Senior Justice of the Peace may assign the matter to another justice in the region in which the order was served for such further action as may be necessary in the circumstances.  2004, c. 31, Sched. 36, s. 15. Notice by applicant (15) The person to whom an order is directed shall give written notice to the officer who served the order or to the Minister of his or her intention to make an application under subsection (13) and shall give the notice not less than 10 days before the date specified for compliance with the order.  2004, c. 31, Sched. 36, s. 15. Suspension of duty to comply (16) If an application is made under subsection (13), the duty to comply with an order is suspended with respect to a document specified in the application until a justice makes a determination in respect of the application.  2004, c. 31, Sched. 36, s. 15. Exemption (17) A justice may exempt an applicant from complying with an order issued under this section if he or she is satisfied that, (a)  production of a document specified in the order would disclose information that is privileged or otherwise protected by law from disclosure; (b)  it is unreasonable to require the applicant to produce the document; or (c)  the document is not in the possession or control of the applicant.  2004, c. 31, Sched. 36, s. 15. May impose conditions if not exempt (18) If a justice determines that an applicant is not exempt from complying with an order or a portion of it, the justice may impose such conditions for compliance on the applicant as he or she considers necessary and appropriate in the circumstances.  2004, c. 31, Sched. 36, s. 15. Offence (19) Every person who fails to comply with an order issued under this section is guilty of an offence and is liable on conviction to a fine of not less than $200 for each day during which the failure to comply continues.  2004, c. 31, Sched. 36, s. 15. Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 36, s. 15 - 16/12/2004 2018, c. 8, Sched. 35, s. 10 - 08/05/2018