E-3.3 - Election Act

Section 493.1 Disposition versions

2016-06-10

493.1. In the course of an inquiry into an offence under this Act or the regulations, a judge of the Court of Québec may, on an ex parte application following an information laid in writing and under oath by the Chief Electoral Officer or a person he designates, order a person, other than the person under inquiry,

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

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

The order shall 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 or the regulations 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 Chief Electoral Officer in support of the application or by any person he designates, 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 copy of a document communicated under this section, on proof by affidavit that it is a true copy, 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.

2016, c. 18, s. 32.