Criminal Code

Marginal note:Possession, etc., of device to obtain use of telecommunication facility or telecommunication service

• 327 (1) Everyone who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used for that purpose, is

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

  • (b) guilty of an offence punishable on summary conviction.

• Marginal note:Forfeiture

  (2) If a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs.

• Marginal note:Limitation

  (3) No order for forfeiture is to be made in respect of telecommunication facilities or equipment by means of which an offence under subsection (1) is committed if they are owned by a person engaged in providing a telecommunication service to the public or form part of such a person’s telecommunication service or system and that person is not a party to the offence.

• Definition of device

  (4) In this section, device includes

  • (a) a component of a device; and

  • (b) a computer program within the meaning of subsection 342.1(2).