2 7 0 [ N o . 21 o f 2 0 0 9
(4)
Electronic
and
A law e n f o r c e m e n t
Communications
Transactions
officer
who
intercepts
any
communication pursuant to subsection (1) or (2) shall, immediately
after the interception of the communication, submit to a j u d g e to a copy of the written confirmation referred to in subsection
(3);
(b) an affidavit setting out the results and information obtained
from that interception; and
(c) any recording of the communication that has been obtained
by means of that interception, a full or partial transcript
of the recording of the communication and any notes
made by the law enforcement officer, if nothing in the
communication suggests that bodily harm, attempted
bodily harm or threatened bodily harm has been caused
or is likely to be caused.
(5) A service provider who, in accordance with subsection
(2), routes duplicate signals of indirect communications to the
Monitoring Centre shall, as soon as practicable thereafter, submit
an affidavit to a j u d g e setting out the steps taken by that service
provider in giving effect to the request and the results obtained
from such steps.
(6) A j u d g e shall keep all written confirmations and affidavits
and any recording, transcripts or notes submitted under subsections
(4) and (5), or cause it to be kept, for a period of at least five years.
(7) Where a j u d g e , upon receipt of any written confirmation
and affidavits under this section, determines that the interception
was effected or used for purposes contrary to, or in contravention
of the provisions of this Act or any other law, the j u d g e may make
such order as the j u d g e considers appropriate in relation to the
service provider or the law enforcement officer.
Interception
of
communication
for purposes
of
determining
location in
case of
emergency
68. (1) Where a person is a party to a communication and that
person, as a result of information received from another party to
the communication, in this section referred to as the "sender", has
reasonable grounds to believe that an emergency exists by reason
of the fact t h a t —
(a) the life of another person, whether or not the sender, is
being endangered:
(b) a person is dying, or is being or has been injured;
(c) a person's life is likely to be endangered;
(d) a person is likely to die or to be injured: or
(e) property is likely to be damaged, is being d a m a g e d or has
been damaged; and
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