An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (S.C. 2010, c. 23)

Marginal note:Application for review

• 16. (1) Within five business days after the day on which a demand is served, a telecommunications service provider may apply in writing to the Commission either for a review of the demand on the grounds that preservation of some or all of the data would place an undue burden on it or for a review of the conditions imposed to prevent disclosure.

• Marginal note:Powers of Commission

  (2) After considering any representations made by the telecommunications service provider and by the person designated for the purposes of section 15, the Commission may

  • (a) allow the application;

  • (b) deny the application; or

  • (c) vary, in any manner that the Commission considers reasonable in the circumstances,

    • (i) the requirement to preserve transmission data, or

    • (ii) any condition imposed in the demand.

• Marginal note:No obligation to preserve new data

  (3) If a telecommunications service provider applies for review on the grounds that preservation of some or all of the data would place an undue burden on it and the Commission does not make a decision in respect of that matter within five business days after the day on which the application was made, the telecommunications service provider is not required to preserve any data to which the application relates that comes into the telecommunications service provider’s possession or control after the expiry of the five days.

• Marginal note:Notice of decision

  (4) The Commission must cause a copy of its decision to be served on the telecommunications service provider together with a notice of their right to appeal.

Marginal note:Notice for production

• 17. (1) A person who is designated for the purpose of this section may cause a notice to be served on a person requiring them to produce a copy of a document that is in their possession or control, or to prepare a document based on data, information or documents that are in their possession or control and to produce that document.

• Marginal note:Purpose of notice

  (2) The designated person may issue the notice only for the purpose of one or more of the following:

  • (a) verifying compliance with this Act;

  • (b) determining whether any of sections 6 to 9 has been contravened; and

  • (c) assisting an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct prohibited under any of sections 6 to 9.

• Marginal note:Particulars of notice

  (3) The notice must require the document to be produced to a person named in the notice within the time, at the place and in the form specified in the notice.

• Marginal note:Conditions

  (4) The designated person may impose conditions in the notice to prevent the disclosure of some or all of its contents or its existence if they have reasonable grounds to believe that the disclosure would jeopardize the conduct of

  • (a) an investigation under this Act; or

  • (b) an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct prohibited under any of sections 6 to 9.

• Marginal note:Expiry and revocation of conditions

  (5) A condition imposed to prevent disclosure expires six months after the day on which the notice is served on the person unless, before its expiry, a notice extending the condition for an additional period of six months is served on them. A condition may not be extended more than once and a notice revoking the condition may be served on the person at any time.

• Marginal note:Return of documents not required

  (6) Documents and copies of documents that are produced under this section need not be returned to the person who produced them.