This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.
Rob Nicholson Conservative
In committee (House), as of Oct. 27, 2009
(This bill did not become law.)
This is from the published bill. The Library of Parliament often publishes better independent summaries.
The enactment amends the Criminal Code to add new investigative powers in relation to computer crime and the use of new technologies in the commission of crimes. It provides, among other things, for
(a) the power to make preservation demands and orders to compel the preservation of electronic evidence;
(b) new production orders to compel the production of data relating to the transmission of communications and the location of transactions, individuals or things;
(c) a warrant to obtain transmission data that will extend to all means of telecommunication the investigative powers that are currently restricted to data associated with telephones; and
(d) warrants that will enable the tracking of transactions, individuals and things and that are subject to legal thresholds appropriate to the interests at stake.
The enactment amends offences in the Criminal Code relating to hate propaganda and its communication over the Internet, false information, indecent communications, harassing communications, devices used to obtain telecommunication services without payment and devices used to obtain the unauthorized use of computer systems or to commit mischief. It also creates an offence of agreeing or arranging with another person by a means of telecommunication to commit a sexual offence against a child.
The enactment amends the Competition Act to make applicable, for the purpose of enforcing certain provisions of that Act, the new provisions being added to the Criminal Code respecting demands and orders for the preservation of computer data and orders for the production of documents relating to the transmission of communications or financial data. It also modernizes the provisions of the Act relating to electronic evidence and provides for more effective enforcement in a technologically advanced environment.
The enactment also amends the Mutual Legal Assistance in Criminal Matters Act to make some of the new investigative powers being added to the Criminal Code available to Canadian authorities executing incoming requests for assistance and to allow the Commissioner of Competition to execute search warrants under the Mutual Legal Assistance in Criminal Matters Act.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Investigative Powers for the 21st Century ActGovernment Orders
October 27th, 2009 / 1:35 p.m.
Some hon. members
Question.
Investigative Powers for the 21st Century ActGovernment Orders
October 27th, 2009 / 1:35 p.m.
NDP
The Acting Speaker NDP Denise Savoie
The question is on the motion. Is it the pleasure of the House to adopt the motion?
Investigative Powers for the 21st Century ActGovernment Orders
October 27th, 2009 / 1:35 p.m.
Some hon. members
Agreed.
Investigative Powers for the 21st Century ActGovernment Orders
October 27th, 2009 / 1:35 p.m.
NDP
The Acting Speaker NDP Denise Savoie
I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Public Safety and National Security.
(Motion agreed to, bill read the second time and referred to a committee)