39. If a person has not provided access, information or documents as required under section 33 or 35, the authorized person referred to in section 33 or 35 may apply to a judge of the Court of Québec acting in chambers and that judge may, despite section 45, order the person to provide access, information or documents to the Minister, or may make such order as the judge deems proper in order to remedy the failure which is the subject of the application, if the judge is satisfied that
(1) the person was required under section 33 or 35 to provide access, information or documents and did not do so; and
(2) the professional secrecy to which advocates and notaries are bound cannot be invoked.
A notice must be served on the person concerned at least five days before the application is heard.
The order is notified to the person concerned by registered mail or by personal service, unless it is made from the bench in the person’s presence.
The order may be appealed to the Court of Appeal, with leave of a judge of that court. However, an appeal does not suspend the enforcement of the order, unless the judge seized of the appeal decides otherwise. The judgment cannot be appealed.
2011, c. 10, s. 39; I.N. 2016-01-01 (NCCP).