Production Orders for Financial Data: Difference between revisions
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Latest revision as of 14:39, 14 July 2024
| This page was last substantively updated or reviewed July 2021. (Rev. # 95502) |
- < Search and Seizure
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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 [forms] 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 [forms].
- Limitation
(5) A financial institution, person or entity that is under investigation for the offence referred to in subsection (3) [Production of financial data – conditions for making order] may not be made subject to an order.
2014, c. 31, s. 20.
[annotation(s) added]
"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]