Protecting Canadians from Online Crime Act (S.C. 2014, c. 31)
Full Document:
Assented to 2014-12-09
18. Sections 371 and 372 of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:R.S., c. 27 (1st Supp.), s. 57(1)
19. (1) Subsection 430(1.1) of the Act is replaced by the following:
Marginal note: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.
Marginal note: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:
Marginal note:Mischief in relation to computer data
(5) Everyone who commits mischief in relation to computer data
Marginal note: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:
Marginal note: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,
Marginal note: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).
Marginal note:1997, c. 18, s. 43; 2004, c. 3, s. 7
20. Sections 487.011 to 487.02 of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Limitation
(3) A demand may not be made to a person who is under investigation for the offence referred to in paragraph (2)(a).
Marginal note: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
(a) in the case of an offence that has been or will be committed under this or any other Act of Parliament, 21 days after the day on which it is made; and
(b) in the case of an offence committed under a law of a foreign state, 90 days after the day on which it is made.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Form
(4) The order is to be in Form 5.003.
Marginal note: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.
Marginal note:Expiry of order
(6) Unless the order is revoked earlier, it expires 90 days after the day on which it is made.
Marginal note: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.
Marginal note: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.
Marginal note:Form
(3) The order is to be in Form 5.005.
Marginal note:Limitation
(4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.
Marginal note: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.
Marginal note: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.
Marginal note:Form
(3) The order is to be in Form 5.006.
Marginal note: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.
Marginal note:Limitation
(5) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Form
(3) The order is to be in Form 5.007.
Marginal note:Limitation
(4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.
Marginal note: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.
Marginal note: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.
Marginal note:Form
(3) The order is to be in Form 5.007.
Marginal note:Limitation
(4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Form
(4) The order is to be in Form 5.008.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Form
(3) The order is to be in Form 5.0091.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
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