Production Orders for Financial Data

From Canadian Criminal Law Notebook
Jump to: navigation, search

General Principles

Production order — financial data
487.018 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a financial institution, as defined in section 2 of the Bank Act, or a person or entity referred to in section 5 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, to prepare and produce a document setting out the following data that is in their possession or control when they receive the order:

(a) either the account number of a person named in the order or the name of a person whose account number is specified in the order;
(b) the type of account;
(c) the status of the account; and
(d) the date on which it was opened or closed.

Identification of person
(2) For the purpose of confirming the identity of a person who is named or whose account number is specified in the order, the order may also require the institution, person or entity to prepare and produce a document setting out the following data that is in their possession or control:

(a) the date of birth of a person who is named or whose account number is specified in the order;
(b) that person’s current address; and
(c) any previous addresses of that person.

Conditions for making order
(3) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

(a) an offence has been or will be committed under this or any other Act of Parliament; and
(b) the data is in the possession or control of the institution, person or entity and will assist in the investigation of the offence.

Form
(4) The order is to be in Form 5.008.
Limitation
(5) A financial institution, person or entity that is under investigation for the offence referred to in subsection (3) may not be made subject to an order.
2014, c. 31, s. 20.


CCC

"Will Assist"

The standard of "will assist in the investigation of the offence" is the same as that used in Dial Number Recorder warrants under. [1]