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Uluslararası Adli İşbirliği
competent authority with any documents or information necessary to apply for the order.
(2) The competent authority who is provided with the documents or information shall apply
ex parte to a judge of the province in which the person may be found for an order for the taking
of the evidence or statement from the person under subsection (1).
22.2 (1) The judge may make the order if satisfied that there are reasonable grounds to believe
that
(a) an offence has been committed; and
(b) the state or entity believes that the person’s evidence or statement would be rele-
vant to the investigation or prosecution of the offence.
(2) An order made under subsection (1) shall order the person
(a) to attend at the place fixed by the judge for the taking of the evidence or statement
by means of the technology and to remain in attendance until the person is excused by the aut-
horities of the state or entity;
(b) to answer any questions put to the person by the authorities of the state or entity
or by any person authorized by those authorities, in accordance with the law that applies to the
state or entity;
(c) to make a copy of a record or to make a record from data and to bring the copy or
record, when appropriate; and
(d) to bring any record or thing in his or her possession or control, when appropriate, in
order to show it to the authorities by means of the technology.
(3) An order made under subsection (1) may be executed anywhere in Canada.
(4) An order made under subsection (1) may include any terms or conditions that the judge
considers desirable, including those relating to the protection of the interests of the person na-
med in it and of third parties.
(5) The judge who made the order under subsection (1) or another judge of the same court
may vary its terms and conditions.
(6) A person named in an order made under subsection (1) is entitled to be paid the travel and
living expenses to which the person would be entitled if the person were required to attend as a
witness before the judge who made the order.
22.3 For greater certainty, when a witness gives evidence or a statement pursuant to an order
made under section 22.2, the evidence or statement shall be given as though the witness were