Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-08-05 and last amended on 2014-07-11. Previous Versions

Marginal note:Written notification to be given
  •  (1) The Attorney General of the province in which an application under subsection 185(1) was made or the Minister of Public Safety and Emergency Preparedness if the application was made by or on behalf of that Minister shall, within 90 days after the period for which the authorization was given or renewed or within such other period as is fixed pursuant to subsection 185(3) or subsection (3) of this section, notify in writing the person who was the object of the interception pursuant to the authorization and shall, in a manner prescribed by regulations made by the Governor in Council, certify to the court that gave the authorization that the person has been so notified.

  • Marginal note:Extension of period for notification

    (2) The running of the 90 days referred to in subsection (1), or of any other period fixed pursuant to subsection 185(3) or subsection (3) of this section, is suspended until any application made by the Attorney General or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period for which the authorization was given or renewed has been heard and disposed of.

  • Marginal note:Where extension to be granted

    (3) Where the judge to whom an application referred to in subsection (2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that

    • (a) the investigation of the offence to which the authorization relates, or

    • (b) a subsequent investigation of an offence listed in section 183 commenced as a result of information obtained from the investigation referred to in paragraph (a),

    is continuing and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, each extension not to exceed three years.

  • Marginal note:Application to be accompanied by affidavit

    (4) An application pursuant to subsection (2) shall be accompanied by an affidavit deposing to

    • (a) the facts known or believed by the deponent and relied on to justify the belief that an extension should be granted; and

    • (b) the number of instances, if any, on which an application has, to the knowledge or belief of the deponent, been made under that subsection in relation to the particular authorization and on which the application was withdrawn or the application was not granted, the date on which each application was made and the judge to whom each application was made.

  • Marginal note:Exception for criminal organizations and terrorist groups

    (5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to

    • (a) an offence under section 467.11, 467.111, 467.12 or 467.13,

    • (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization, or

    • (c) a terrorism offence,

    and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

  • R.S., 1985, c. C-46, s. 196;
  • R.S., 1985, c. 27 (1st Supp.), s. 28;
  • 1993, c. 40, s. 14;
  • 1997, c. 23, s. 7;
  • 2001, c. 32, s. 8, c. 41, ss. 8, 133;
  • 2005, c. 10, s. 25;
  • 2014, c. 17, s. 6.