I-0.2.1 - Québec Immigration Act

Section 88 Disposition versions

2019-06-16

88. In the course of an investigation relating to an offence under this Act or a regulation, a judge of the Court of Québec or a presiding justice of the peace 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 produce original documents, or copies of them certified by affidavit to be true copies, or to produce information; or

(2)  to prepare a document based on documents or information already in existence and to produce it.

The order requires the documents or information to be produced within the time, at the place and in the form specified and to be given to the investigator named in it.

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

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

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

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

The order may contain any terms that the judge considers appropriate, including terms 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 an 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 copy of a document produced 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. 3, s. 88; 2019, c. 11, s. 24.

2018-08-02

88. In the course of an investigation relating to an offence under this Act or a regulation, a judge of the Court of Québec 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 produce original documents, or copies of them certified by affidavit to be true copies, or to produce information; or

(2)  to prepare a document based on documents or information already in existence and to produce it.

The order requires the documents or information to be produced within the time, at the place and in the form specified and to be given to the investigator named in it.

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

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

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

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

The order may contain any terms that the judge considers appropriate, including terms 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 an 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 copy of a document produced 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. 3, s. 88.

Not in force

In force: 2018-08-02

88. In the course of an investigation relating to an offence under this Act or a regulation, a judge of the Court of Québec 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 produce original documents, or copies of them certified by affidavit to be true copies, or to produce information; or

(2)  to prepare a document based on documents or information already in existence and to produce it.

The order requires the documents or information to be produced within the time, at the place and in the form specified and to be given to the investigator named in it.

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

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

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

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

The order may contain any terms that the judge considers appropriate, including terms 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 an 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 copy of a document produced 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. 3, s. 88.