APPLICATION BY MEANS OF TELECOMMUNICATION

184.3 [1] Notwithstanding section 184.2, an application for an authorization under subsection 184.2[2] may be made ex parte to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, by telephone or other means of telecommunication, if it would be impracticable in the circumstances for the applicant to appear personally before a judge.

[2] An application for an authorization made under this section shall be on oath and shall be accompanied by a statement that includes the matters referred to in paragraphs 184.2[2][a] to [e] and that states the circumstances that make it impracticable for the applicant to appear personally before a judge.

[3] The judge shall record, in writing or otherwise, the application for an authorization made under this section and, on determination of the application, shall cause the writing or recording to be placed in the packet referred to in subsection 187[1] and sealed in that packet, and a recording sealed in a packet shall be treated as if it were a document for the purposes of section 187.

[4] For the purposes of subsection [2], an oath may be administered by telephone or other means of telecommunication.

[5] An applicant who uses a means of telecommunication that produces a writing may, instead of swearing an oath for the purposes of subsection [2], make a statement in writing stating that all matters contained in the application are true to the knowledge or belief of the applicant and such a statement shall be deemed to be a statement made under oath.

[6] Where the judge to whom an application is made under this section is satisfied that the circumstances referred to in paragraphs 184.2[3][a] to [c] exist and that the circumstances referred to in subsection [2] make it impracticable for the applicant to appear personally before a judge, the judge may, on such terms and conditions, if any, as are considered advisable, give an authorization by telephone or other means of telecommunication for a period of up to thirty-six hours.

[7] Where a judge gives an authorization by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,

[a] the judge shall complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;

[b] the applicant shall, on the direction of the judge, complete a facsimile of the authorization in writing, noting on its face the name of the judge who gave it and the time, date and place at which it was given; and

[c] the judge shall, as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187[1] and sealed in that packet.

[8] Where a judge gives an authorization by a means of telecommunication that produces a writing, the judge shall

[a] complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;

[b] transmit the authorization by the means of telecommunication to the applicant, and the copy received by the applicant shall be deemed to be a facsimile referred to in paragraph [7][b]; and

[c] as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187[1] and sealed in that packet. [1993, c.40, s.4.]