Non-Disclosure Order for Production Orders
General Principles
A non-disclosure order is an order available to prohibit a named person or organization from disclosing the existence of a preservation demand, preservation order, or production order.
- Order prohibiting disclosure
487.0191 (1) On ex parte application made by a peace officer or public officer, a justice or judge may make an order prohibiting a person from disclosing the existence or some or all of the contents of a preservation demand made under section 487.012 [preservation demand] or an order made under any of sections 487.013 to 487.018 [provisions on production orders] during the period set out in the order.
- Conditions for making order
(2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.009 [forms] that there are reasonable grounds to believe that the disclosure during that period would jeopardize the conduct of the investigation of the offence to which the demand or order relates.
- Form
(3) The order is to be in Form 5.0091 [forms].
- Application to revoke or vary order
(4) A peace officer or a public officer or a person, financial institution or entity that is subject to an order made under subsection (1) [order prohibiting disclosure of preservation or production orders] may apply in writing to the justice or judge who made the order — or to a judge in the judicial district where the order was made — to revoke or vary the order.
2014, c. 31, s. 20; 2024, c. 17, s. 359.
[annotation(s) added]
- peace officer and public officer
Section 2 defines "peace officer."[1] Section 487.011 defines "public officer."[2]
- judge and justice
Section 2 defines "justice."[3] Section 487.011 defines "judge."[4]