Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

Marginal note:Possession, etc.
  •  (1) Every one who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component thereof knowing that the design thereof renders it primarily useful for surreptitious interception of private communications is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Exemptions

    (2) Subsection (1) does not apply to

    • (a) a police officer in possession of a device or component described in subsection (1) in the course of his employment;

    • (b) a person in possession of such a device or component for the purpose of using it in an interception made or to be made in accordance with an authorization;

    • (b.1) a person in possession of such a device or component under the direction of a police officer in order to assist that officer in the course of his duties as a police officer;

    • (c) an officer or a servant of Her Majesty in right of Canada or a member of the Canadian Forces in possession of such a device or component in the course of his duties as such an officer, servant or member, as the case may be; and

    • (d) any other person in possession of such a device or component under the authority of a licence issued by the Minister of Public Safety and Emergency Preparedness.

  • Marginal note:Terms and conditions of licence

    (3) A licence issued for the purpose of paragraph (2)(d) may contain such terms and conditions relating to the possession, sale or purchase of a device or component described in subsection (1) as the Minister of Public Safety and Emergency Preparedness may prescribe.

  • R.S., 1985, c. C-46, s. 191;
  • R.S., 1985, c. 27 (1st Supp.), s. 26;
  • 2005, c. 10, s. 34;
  • 2013, c. 8, s. 4.
Marginal note:Forfeiture
  •  (1) Where a person is convicted of an offence under section 184 or 191, any electro-magnetic, acoustic, mechanical or other device by means of which the offence was committed or the possession of which constituted the offence, on the conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty whereupon it may be disposed of as the Attorney General directs.

  • Marginal note:Limitation

    (2) No order for forfeiture shall be made under subsection (1) in respect of telephone, telegraph or other communication facilities or equipment owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person by means of which an offence under section 184 has been committed if that person was not a party to the offence.

  • 1973-74, c. 50, s. 2.
Marginal note:Disclosure of information
  •  (1) Where a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator thereof or of the person intended by the originator thereof to receive it, every one who, without the express consent of the originator thereof or of the person intended by the originator thereof to receive it, wilfully

    • (a) uses or discloses the private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof, or

    • (b) discloses the existence thereof,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Exemptions

    (2) Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication

    • (a) in the course of or for the purpose of giving evidence in any civil or criminal proceedings or in any other proceedings in which the person may be required to give evidence on oath;

    • (b) in the course of or for the purpose of any criminal investigation if the private communication was lawfully intercepted;

    • (c) in giving notice under section 189 or furnishing further particulars pursuant to an order under section 190;

    • (d) in the course of the operation of

      • (i) a telephone, telegraph or other communication service to the public,

      • (ii) a department or an agency of the Government of Canada, or

      • (iii) services relating to the management or protection of a computer system, as defined in subsection 342.1(2),

      if the disclosure is necessarily incidental to an interception described in paragraph 184(2)(c), (d) or (e);

    • (e) where disclosure is made to a peace officer or prosecutor in Canada or to a person or authority with responsibility in a foreign state for the investigation or prosecution of offences and is intended to be in the interests of the administration of justice in Canada or elsewhere; or

    • (f) where the disclosure is made to the Director of the Canadian Security Intelligence Service or to an employee of the Service for the purpose of enabling the Service to perform its duties and functions under section 12 of the Canadian Security Intelligence Service Act.

  • Marginal note:Publishing of prior lawful disclosure

    (3) Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication where that which is disclosed by him was, prior to the disclosure, lawfully disclosed in the course of or for the purpose of giving evidence in proceedings referred to in paragraph (2)(a).

  • R.S., 1985, c. C-46, s. 193;
  • R.S., 1985, c. 30 (4th Supp.), s. 45;
  • 1993, c. 40, s. 11;
  • 2004, c. 12, s. 5.