Order requiring testimony or written return

(1) If, on application of the Commissioner or his or her authorized representative, a judge is satisfied by information on oath that there are reasonable grounds to believe that this Act has been contravened or is about to be contravened and that an individual has or is likely to have information that will provide evidence of the contravention, the judge may order the individual to

(a) attend as specified in the order and be examined on oath by the Commissioner or the authorized representative on any matter that is relevant to the contravention before an individual, in sections 510.02 to 510.04 referred to as a “presiding officer”, designated in the order; or

(b) make and deliver to the Commissioner or the authorized representative, within the time specified in the order, a written return under oath showing in detail the information that is required by the order.

Date for hearing and notice

(2) On receipt of the application, the judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in the manner that the judge may specify, to the individual against whom the order is sought.

Restriction

(3) No order may be made under subsection (1) against an individual who is alleged to have committed, or who is about to commit, the contravention to which the application relates.

When hearing may proceed ex parte

(4) A judge may proceed ex parte to hear and determine the application in the absence of the individual against whom the order is sought if

(a) the Commissioner or the authorized representative establishes to the satisfaction of the judge that the disclosure of any information set out in the application would

(i) compromise the identity of a confidential informant,

(ii) compromise the nature and extent of an ongoing investigation,

(iii) endanger an individual engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, or

(iv) prejudice the interests of an innocent individual; or

(b) the judge is satisfied for any reason that the ends of justice would be subverted by the disclosure of the information set out in the application.

Sealing packet of documents

(5) If an order made under subsection (1) is issued ex parte, all documents relating to the application shall, subject to any terms and conditions that the judge considers desirable in the circumstances, including any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the judge immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (7).

Order prohibiting disclosure

(6) If the order made under subsection (1) is issued ex parte, the judge shall make an order prohibiting a person or entity from disclosing, during the period set out in the order, 

(a) the existence of the application;

(b) the existence of the order made under subsection (1); and

(c) the content of any testimony given or of any written return made under the order made under subsection (1).

Application for variance of order

(7) An application to terminate an order made under subsection (6) or to vary any of its terms and conditions may be made to the judge who made the order or a judge of the same court.

Effect of order

(8) An order made under this section has effect anywhere in Canada.

2018, c. 31, s. 357.