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Criminal Code

Version of section 195 from 2005-04-04 to 2013-09-26:


Marginal note:Annual report

  •  (1) The Minister of Public Safety and Emergency Preparedness shall, as soon as possible after the end of each year, prepare a report relating to

    • (a) authorizations for which he and agents to be named in the report who were specially designated in writing by him for the purposes of section 185 made application, and

    • (b) authorizations given under section 188 for which peace officers to be named in the report who were specially designated by him for the purposes of that section made application,

    and interceptions made thereunder in the immediately preceding year.

  • Marginal note:Information respecting authorizations

    (2) The report referred to in subsection (1) shall, in relation to authorizations and interceptions made thereunder, set out

    • (a) the number of applications made for authorizations;

    • (b) the number of applications made for renewal of authorizations;

    • (c) the number of applications referred to in paragraphs (a) and (b) that were granted, the number of those applications that were refused and the number of applications referred to in paragraph (a) that were granted subject to terms and conditions;

    • (d) the number of persons identified in an authorization against whom proceedings were commenced at the instance of the Attorney General of Canada in respect of

      • (i) an offence specified in the authorization,

      • (ii) an offence other than an offence specified in the authorization but in respect of which an authorization may be given, and

      • (iii) an offence in respect of which an authorization may not be given;

    • (e) the number of persons not identified in an authorization against whom proceedings were commenced at the instance of the Attorney General of Canada in respect of

      • (i) an offence specified in such an authorization,

      • (ii) an offence other than an offence specified in such an authorization but in respect of which an authorization may be given, and

      • (iii) an offence other than an offence specified in such an authorization and for which no such authorization may be given,

      and whose commission or alleged commission of the offence became known to a peace officer as a result of an interception of a private communication under an authorization;

    • (f) the average period for which authorizations were given and for which renewals thereof were granted;

    • (g) the number of authorizations that, by virtue of one or more renewals thereof, were valid for more than sixty days, for more than one hundred and twenty days, for more than one hundred and eighty days and for more than two hundred and forty days;

    • (h) the number of notifications given pursuant to section 196;

    • (i) the offences in respect of which authorizations were given, specifying the number of authorizations given in respect of each of those offences;

    • (j) a description of all classes of places specified in authorizations and the number of authorizations in which each of those classes of places was specified;

    • (k) a general description of the methods of interception involved in each interception under an authorization;

    • (l) the number of persons arrested whose identity became known to a peace officer as a result of an interception under an authorization;

    • (m) the number of criminal proceedings commenced at the instance of the Attorney General of Canada in which private communications obtained by interception under an authorization were adduced in evidence and the number of those proceedings that resulted in a conviction; and

    • (n) the number of criminal investigations in which information obtained as a result of the interception of a private communication under an authorization was used although the private communication was not adduced in evidence in criminal proceedings commenced at the instance of the Attorney General of Canada as a result of the investigations.

  • Marginal note:Other information

    (3) The report referred to in subsection (1) shall, in addition to the information referred to in subsection (2), set out

    • (a) the number of prosecutions commenced against officers or servants of Her Majesty in right of Canada or members of the Canadian Forces for offences under section 184 or 193; and

    • (b) a general assessment of the importance of interception of private communications for the investigation, detection, prevention and prosecution of offences in Canada.

  • Marginal note:Report to be laid before Parliament

    (4) The Minister of Public Safety and Emergency Preparedness shall cause a copy of each report prepared by him under subsection (1) to be laid before Parliament forthwith on completion thereof, or if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting.

  • Marginal note:Report by Attorneys General

    (5) The Attorney General of each province shall, as soon as possible after the end of each year, prepare and publish or otherwise make available to the public a report relating to

    • (a) authorizations for which he and agents specially designated in writing by him for the purposes of section 185 made application, and

    • (b) authorizations given under section 188 for which peace officers specially designated by him for the purposes of that section made application,

    and interceptions made thereunder in the immediately preceding year setting out, with such modifications as the circumstances require, the information described in subsections (2) and (3).

  • R.S., 1985, c. C-46, s. 195
  • R.S., 1985, c. 27 (1st Supp.), s. 27
  • 2005, c. 10, s. 34
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