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 a preservation or production 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 preservation demand or the preservation or production 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.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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peace officer and public officer

Section 2 defines "peace officer." Section 487.011 defines "public officer."

judge and justice

Section 2 defines "justice." Section 487.011 defines "judge."

See Also

• Sealing and Unsealing Judicial Authorizations