Criminal Code

Marginal note:Possession, etc.

• 191 (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.