Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Marginal note:Application for production order
60.1 (1) The Director of the Canadian Security Intelligence Service, or any employee of the Canadian Security Intelligence Service, may, for the purposes of an investigation in respect of a threat to the security of Canada, after having obtained the approval of the Minister of Public Safety and Emergency Preparedness, make an application under subsection (2) to a judge for an order for disclosure of information.
Marginal note:Matters to be specified in application for production order
(2) An application shall be made ex parte in writing and be accompanied by an affidavit of the applicant deposing to the following matters:
(a) the person or entity in relation to whom the information or documents referred to in paragraph (b) are required;
(b) the type of information or documents — whether in written form, in the form of a report or record or in any other form — obtained by or on behalf of the Director in respect of which disclosure is sought;
(c) the facts relied on to justify the belief, on reasonable grounds, that a production order under this section is required to enable the Canadian Security Intelligence Service to investigate a threat to the security of Canada;
(d) a summary of any information already received from the Centre in respect of the threat to the security of Canada; and
(e) information respecting all previous applications brought under this section in respect of any person or entity being investigated in relation to the threat to the security of Canada.
Marginal note:Order for disclosure of information
(3) Subject to the conditions that the judge considers advisable in the public interest, the judge to whom an application is made may order the Director — or any person specially designated in writing by the Director for the purpose of this section — to allow an employee of the Canadian Security Intelligence Service named in the order to have access to and examine all information and documents to which the application relates or, if the judge considers it necessary in the circumstances, to produce the information and documents to the employee and allow the employee to remove them, if the judge is satisfied
(a) of the matters referred to in subsection (2); and
(b) that there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents, having regard to the benefit likely to accrue to the investigation if the access is obtained.
The order must be complied with within the period following the service of the order that the judge may specify.
Marginal note:Maximum duration of production order
(4) A production order shall not be issued under subsection (3) for a period exceeding sixty days.
Marginal note:Service of order
(5) A copy of the order shall be served on the person or entity to whom it is addressed in the manner that the judge directs or as may be prescribed by rules of court.
Marginal note:Extension of period for compliance with order
(6) A judge who makes an order under subsection (3) may, on application of the Director, extend the period within which it is to be complied with.
Marginal note:Objection to disclosure of information
(7) The Director — or any person specially designated in writing by the Director for the purposes of this section — may object to the disclosure of any information or document in respect of which an order under subsection (3) has been made by certifying orally or in writing that it should not be disclosed on the ground that
(a) the Director is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement to which the Government of Canada is a signatory respecting the sharing of information related to a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence;
(b) a privilege is attached by law to the information or document;
(c) the information or document has been placed in a sealed package pursuant to law or an order of a court of competent jurisdiction; or
(d) disclosure of the information or document would not, for any other reason, be in the public interest.
Marginal note:Determination of objection
(8) An objection made under subsection (7) may be determined, on application, in accordance with subsection (9), by the Chief Justice of the Federal Court, or by any other judge of that Court that the Chief Justice may designate to hear those applications.
Marginal note:Judge may examine information
(9) A judge who is to determine an objection may, if the judge considers it necessary to determine the objection, examine the information or document in relation to which the objection is made. The judge shall grant the objection and order that disclosure be refused if the judge is satisfied of any of the grounds mentioned in subsection (7).
Marginal note:Limitation period
(10) An application under subsection (8) shall be made within 10 days after the objection is made or within such greater or lesser period as the Chief Justice of the Federal Court, or any other judge of that Court that the Chief Justice may designate to hear those applications, considers appropriate in the circumstances.
Marginal note:Appeal to Federal Court of Appeal
(11) An appeal lies from a determination under subsection (8) to the Federal Court of Appeal.
Marginal note:Limitation period for appeal
(12) An appeal under subsection (11) shall be brought within 10 days after the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances.
Marginal note:Special rules for hearings
(13) An application under subsection (8) or an appeal brought in respect of that application shall be heard in private and, on the request of the person objecting to the disclosure of the information or documents, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.
Marginal note:Ex parte representations
(14) During the hearing of an application under subsection (8) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.
(15) Where any information or document is examined or provided under subsection (3), the person by whom it is examined or to whom it is provided or any employee of the Centre may make, or cause to be made, one or more copies of it and any copy purporting to be certified by the Director or an authorized person to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way.
Definition of judge
(16) In this section, judge means a judge of the Federal Court designated by the Chief Justice of the Federal Court for the purposes of the Canadian Security Intelligence Service Act.
- 2001, c. 41, s. 72
- 2005, c. 10, s. 34
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