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Criminal Code

Version of section 191 from 2019-09-19 to 2020-06-17:


Marginal note:Possession, etc.

  •  (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.

  • 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
  • 2019, c. 25, s. 67
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