Criminal Code

Version of section 184 from 2003-01-01 to 2004-04-21:

Marginal note:Interception
  •  (1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Saving provision

    (2) Subsection (1) does not apply to

    • (a) a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it;

    • (b) a person who intercepts a private communication in accordance with an authorization or pursuant to section 184.4 or any person who in good faith aids in any way another person who the aiding person believes on reasonable grounds is acting with an authorization or pursuant to section 184.4;

    • (c) a person engaged in providing a telephone, telegraph or other communication service to the public who intercepts a private communication,

      • (i) if the interception is necessary for the purpose of providing the service,

      • (ii) in the course of service observing or random monitoring necessary for the purpose of mechanical or service quality control checks, or

      • (iii) if the interception is necessary to protect the person’s rights or property directly related to providing the service; or

    • (d) an officer or servant of Her Majesty in right of Canada who engages in radio frequency spectrum management, in respect of a private communication intercepted by that officer or servant for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission.

  • (3) [Repealed, 1993, c. 40, s. 3]

  • R.S., 1985, c. C-46, s. 184;
  • 1993, c. 40, s. 3.
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