Protecting Canadians from Online Crime Act (S.C. 2014, c. 31)
Full Document:
Assented to 2014-12-09
Marginal note:1995, c. 27, s. 1
21. The heading before section 487.1 of the Act is replaced by the following:
Other Provisions Respecting Search Warrants, Preservation Orders and Production Orders
Marginal note:2004, c. 3, s. 8(1)
22. (1) The portion of subsection 487.3(1) of the Act before paragraph (a) is replaced by the following:
Marginal note: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
Marginal note: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.
Marginal note:1993, c. 40, s. 18; 1999, c. 5, ss. 18 and 19
23. Sections 492.1 and 492.2 of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note:Scope of warrant
(3) The warrant authorizes the peace officer or public officer, or a person acting under their direction, to install, activate, use, maintain, monitor and remove the tracking device, including covertly.
Marginal note:Conditions
(4) A warrant may contain any conditions that the justice or judge considers appropriate, including conditions to protect a person’s interests.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Scope of warrant
(2) The warrant authorizes the peace officer or public officer, or a person acting under their direction, to install, activate, use, maintain, monitor and remove the transmission data recorder, including covertly.
Marginal note:Limitation
(3) No warrant shall be issued under this section for the purpose of obtaining tracking data.
Marginal note: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.
Marginal note: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.
Marginal note: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.
24. Subsection 738(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) in the case of an offence under subsection 162.1(1), by paying to a person who, as a result of the offence, incurs expenses to remove the intimate image from the Internet or other digital network, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable.
25. Subsection 810(1) of the Act is replaced by the following:
Marginal note:If injury or damage feared
810. (1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person
(a) will cause personal injury to him or her or to his or her spouse or common-law partner or child or will damage his or her property; or
(b) will commit an offence under section 162.1.
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