Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Possession, etc.

• 191 (1) Every person who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component of it knowing that its design renders it primarily useful for surreptitious interception of private communications is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

  • (b) an offence punishable on summary conviction.

• 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.