C-25.1 - Code of Penal Procedure

Section 141.6 Disposition versions

2020-07-13

141.6. A judge may, on an application made on the basis of an affidavit by a peace officer or a person entrusted with the enforcement of an Act, order a financial institution within the meaning of section 2 of the Bank Act (S.C. 1991, c. 46) or a person or entity referred to in section 5 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17), unless that financial institution, person or entity is under investigation, to prepare and communicate a document setting out the following information that is in their possession or control when they receive the order:

(1)  the account number of the person named in the order or the name of the person whose account number is specified in the order;

(2)  the type of account;

(3)  the status of the account; and

(4)  the date on which it was opened or closed.

For the purpose of confirming the identity of the person who is named or whose account number is specified in the order, the order may also require the financial institution, person or entity to prepare and communicate a document setting out the following information that is in their possession or control when they receive the order:

(1)  the date of birth of the person who is named or whose account number is specified in the order;

(2)  that person’s address at the time the order is made; and

(3)  all previous addresses of that person.

The order shall specify the place, form and time limit for communicating the documents or information as well as the name of the peace officer or the person entrusted with the enforcement of an Act to whom they must be communicated.

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

(1)  that an offence against an Act has been or will be committed;

(2)  that the information requested will be useful for the investigation relating to the offence; and

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

The order may contain any terms and conditions the judge considers appropriate, in particular 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 application made on the basis of an affidavit submitted by a peace officer or a person entrusted with the enforcement of an Act 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.

Any copy of a document communicated under this section, provided it is certified by affidavit, is admissible in evidence in any proceeding and has the same probative force as the original document would have had if it had been filed in evidence in the usual manner.

2020, c. 12, s. 34.