T-11.2 - Act respecting remunerated passenger transportation by automobile

Section 109 Disposition versions

2020-10-10

109. In the course of an investigation into an offence under this Act, a judge of the Court of Québec or a presiding justice of the peace, within the limits provided by law and specified in the justice’s deed of appointment, may, on an ex parte application following an information laid in writing and under oath by an investigator, order a person, other than the person under investigation,

(1)  to communicate information, or to produce documents, or reproductions of them certified by affidavit to be true reproductions; or

(2)  to prepare and communicate a document that is based on existing documents or information.

The order must require the documents or information to be communicated within the time, at the place and in the form specified and given to the person named in the order.

Before making an order, the judge must be satisfied that there are reasonable grounds to believe

(1)  that an offence under this Act is being or has been committed;

(2)  that the documents or information will afford evidence respecting the commission of the offence; and

(3)  that the person who is the subject of the order has possession or control of the documents or information.

The order may contain any terms and conditions that the judge considers appropriate, including terms and conditions to protect lawyers’ and notaries’ professional secrecy.

Where the judge who makes the order or any other judge having jurisdiction to make such an order is satisfied, on an ex parte application made on the basis of an affidavit submitted by the investigator in support of the application, that the interests of justice warrant the granting of the application, the judge may vary or revoke the order or set a new time limit.

Every reproduction of a document communicated under this section, on proof by affidavit that it is a true reproduction, is admissible in evidence in any proceeding and has the same probative force as the original document would have if it had been proved in the ordinary way.

2019, c. 18, s. 109.

Not in force

In force: 2020-10-10

109. In the course of an investigation into an offence under this Act, a judge of the Court of Québec or a presiding justice of the peace, within the limits provided by law and specified in the justice’s deed of appointment, may, on an ex parte application following an information laid in writing and under oath by an investigator, order a person, other than the person under investigation,

(1)  to communicate information, or to produce documents, or reproductions of them certified by affidavit to be true reproductions; or

(2)  to prepare and communicate a document that is based on existing documents or information.

The order must require the documents or information to be communicated within the time, at the place and in the form specified and given to the person named in the order.

Before making an order, the judge must be satisfied that there are reasonable grounds to believe

(1)  that an offence under this Act is being or has been committed;

(2)  that the documents or information will afford evidence respecting the commission of the offence; and

(3)  that the person who is the subject of the order has possession or control of the documents or information.

The order may contain any terms and conditions that the judge considers appropriate, including terms and conditions to protect lawyers’ and notaries’ professional secrecy.

Where the judge who makes the order or any other judge having jurisdiction to make such an order is satisfied, on an ex parte application made on the basis of an affidavit submitted by the investigator in support of the application, that the interests of justice warrant the granting of the application, the judge may vary or revoke the order or set a new time limit.

Every reproduction of a document communicated under this section, on proof by affidavit that it is a true reproduction, is admissible in evidence in any proceeding and has the same probative force as the original document would have if it had been proved in the ordinary way.

2019, c. 18, s. 109.