Parliament of Canada Act

Marginal note:Opinion during investigation

• 52.7 (1) During any investigation by a peace officer in relation to the use by a member of the House of Commons of funds, goods, services or premises referred to in subsection 52.6(1), the peace officer may apply to the Board for, or the Board may, on its own initiative, provide the peace officer with, an opinion concerning the propriety of such use.

• Marginal note:Opinion to be considered

  (2) Where an opinion is provided to a peace officer pursuant to subsection (1) and where an application for a process is made to a judge, the judge shall be provided with the opinion and shall consider it in determining whether to issue the process.

• Definition of process

  (3) For the purposes of this section, process means

  • (a) an authorization to intercept a private communication under section 185,

  • (b) an order for a special warrant under section 462.32 or 462.321,

  • (c) an order for a search warrant under section 487,

  • (d) a restraint order under section 462.33,

  • (e) the laying of an information under section 504 or 505,

  • (f) a summons or an arrest warrant under section 507, or

  • (g) the confirmation of an appearance notice or undertaking under section 508.

  of the Criminal Code.

• Marginal note:Issuance of process by judge

  (4) The issuance of a process referred to in paragraphs (3)(c), (e), (f) and (g) that is based on the use by a member of the House of Commons of any funds, goods, services or premises made available to that member for the carrying out of parliamentary functions shall be authorized by a judge of a provincial court within the meaning of section 2 of the Criminal Code.