Marginal note:Operation of computer system
16 (1) A person who is authorized pursuant to subsection 15(1) to search premises for a record may use or cause to be used any computer system on the premises to search any data contained in or available to the computer system, may reproduce the record or cause it to be reproduced from the data in the form of a printout or other intelligible output and may seize the printout or other output for examination or copying.
Marginal note:Duty of person in control of computer system
(2) Every person who is in possession or control of any premises in respect of which a warrant is issued under subsection 15(1) shall, on presentation of the warrant, permit any person named in the warrant to use or cause to be used any computer system or part thereof on the premises to search any data contained in or available to the computer system for data from which a record that that person is authorized to search for may be produced, to obtain a physical copy thereof and to seize it.
Marginal note:Order restricting operation of computer system
(3) A judge who issued a warrant under subsection 15(1) or a judge of the same court may, on application by the Commissioner or any person who is in possession or control of a computer system or a part thereof on any premises in respect of which the warrant was issued, make an order
(a) specifying the individuals who may operate the computer system and fixing the times when they may do so; and
(b) setting out any other terms and conditions on which the computer system may be operated.
Marginal note:Notice by person in possession or control
(4) No order may be made under subsection (3) on application by a person who is in possession or control of a computer system or part thereof unless that person has given the Commissioner twenty-four hours notice of the hearing of the application or such shorter notice as the judge considers reasonable.
Marginal note:Notice by Commissioner
(5) No order may be made under subsection (3) on application by the Commissioner after a search has begun of the premises in respect of which the order is sought unless the Commissioner has given the person who is in possession or control of the premises twenty-four hours notice of the hearing of the application or such shorter notice as the judge considers reasonable.
Marginal note:Definitions
(6) In this section, "computer system" and "data" have the meanings set out in subsection 342.1(2) of the Criminal Code.
- R.S., 1985, c. C-34, s. 16
- R.S., 1985, c. 19 (2nd Supp.), s. 24
- 1999, c. 2, s. 37
- Date modified: