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183. In this Part,
“authorization” means an authorization to intercept a private communication given under section 186 or subsection 184.2(3), 184.3(6) or 188(2);
“electro-magnetic, acoustic, mechanical or other device” means any device or apparatus that is used or is capable of being used to intercept a private communication, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing;
“intercept” includes listen to, record or acquire a communication or acquire the substance, meaning or purport thereof;
[...]
“private communication” means any oral communication, or any telecommunication, that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it;
“public switched telephone network” means a telecommunication facility the primary purpose of which is to provide a land line-based telephone service to the public for compensation;
“radio-based telephone communication” means any radiocommunication within the meaning of the Radiocommunication Act that is made over apparatus that is used primarily for connection to a public switched telephone network;
[...]


183.1 Where a private communication is originated by more than one person or is intended by the originator thereof to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient consent for the purposes of any provision of this Part.


184. (1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other
device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

(2) Subsection (1) does not apply to
(a) a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it;
(b) a person who intercepts a private communication in accordance with an authorization or pursuant to section 184.4 or any person who in good faith aids in any way another person who the aiding person believes on reasonable grounds is acting with an authorization or pursuant to section 184.4;
(c) a person engaged in providing a telephone, telegraph or other communication service to the public who intercepts a private
communication,
(i) if the interception is necessary for the purpose of providing the service,
(ii) in the course of service observing or random monitoring necessary for the purpose of mechanical or service quality control checks, or
(iii) if the interception is necessary to protect the person’s rights or property directly related to providing the service;
(d) an officer or servant of Her Majesty in right of Canada who engages in radio frequency spectrum management, in respect of a private communication intercepted by that officer or servant for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission; or
(e) a person, or any person acting on their behalf, in possession or control of a computer system, as defined in subsection 342.1(2), who intercepts a private communication originating from, directed to or transmitting through that computer system, if the interception is reasonably necessary for
(i) managing the quality of service of the computer system as it relates to performance factors such as the responsiveness and capacity of the system as well as the integrity and availability of the system and data, or
(ii) protecting the computer system against any act that would be an offence under subsection 342.1(1) or 430(1.1).

(3) A private communication intercepted by a person referred to in paragraph (2)(e) can be used or retained only if (a) it is essential to identify, isolate or prevent harm to the computer system; or
(b) it is to be disclosed in circumstances referred to in subsection 193(2).


184.1 (1) An agent of the state may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if
(a) either the originator of the private communication or the person intended by the
originator to receive it has consented to the interception;
(b) the agent of the state believes on reasonable grounds that there is a risk of bodily harm to the person who consented to the interception; and
(c) the purpose of the interception is to prevent the bodily harm.

(2) The contents of a private communication that is obtained from an interception pursuant to subsection (1) are inadmissible as evidence except for the purposes of proceedings in which actual, attempted or threatened bodily harm is alleged, including proceedings in respect of an application for an authorization under this Part or in respect of a search warrant or a warrant for the arrest of any person.

(3) The agent of the state who intercepts a private communication pursuant to subsection (1) shall, as soon as is practicable in the circumstances, destroy any recording of the private communication that is obtained from an interception pursuant to subsection (1), any full or partial transcript of the recording and any notes made by that agent of the private communication if nothing in the private communication suggests that bodily harm, attempted bodily harm or threatened bodily harm has occurred or is likely to occur.

(4) For the purposes of this section, “agent of the state” means
(a) a peace officer; and
(b) a person acting under the authority of, or in cooperation with, a peace officer.


184.2 (1) A person may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where either the originator of the private communication or the person intended by the originator to receive it has consented to the interception and an authorization has been obtained pursuant to
subsection (3).

(2) An application for an authorization under this section shall be made by a peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, ex parte and in writing to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, and shall be accompanied by an affidavit, which may be sworn on the information and belief of that peace officer or public officer or of any other peace officer or public officer, deposing
to the following matters:
(a) that there are reasonable grounds to believe that an offence against this or any other
Act of Parliament has been or will be committed;
(b) the particulars of the offence;
(c) the name of the person who has consented to the interception;
(d) the period for which the authorization is requested; and
(e) in the case of an application for an authorization where an authorization has previously been granted under this section or section 186, the particulars of the authorization.

3) An authorization may be given under this section if the judge to whom the application
is made is satisfied that
(a) there are reasonable grounds to believe that an offence against this or any other Act
of Parliament has been or will be committed;
(b) either the originator of the private communication or the person intended by the
originator to receive it has consented to the interception; and
(c) there are reasonable grounds to believe that information concerning the offence referred to in paragraph (a) will be obtained through the interception sought.

(4) An authorization given under this section shall
(a) state the offence in respect of which private communications may be intercepted;
(b) state the type of private communication that may be intercepted;
(c) state the identity of the persons, if known, whose private communications are to
be intercepted, generally describe the place at which private communications may be intercepted, if a general description of that place can be given, and generally describe
the manner of interception that may be used;
(d) contain the terms and conditions that the judge considers advisable in the public interest; and
(e) be valid for the period, not exceeding sixty days, set out therein.


184.4 A police officer may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if the police officer has reasonable grounds to believe that
(a) the urgency of the situation is such that an authorization could not, with reasonable
diligence, be obtained under any other provision of this Part;
(b) the interception is immediately necessary to prevent an offence that would cause
serious harm to any person or to property; and
(c) either the originator of the private communication or the person intended by the
originator to receive it is the person who would commit the offence that is likely to
cause the harm or is the victim, or intended victim, of the harm.


184.5 (1) Every person who intercepts, by means of any electro-magnetic, acoustic, mechanical or other device, maliciously or for gain, a radio-based telephone communication, if the originator of the communication or the person intended by the originator of the communication to receive it is in Canada, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

(2) Section 183.1, subsection 184(2) and sections 184.1 to 190 and 194 to 196 apply,
with such modifications as the circumstances require, to interceptions of radio-based telephone communications referred to in subsection (1).


184.6 For greater certainty, an application for an authorization under this Part may be
made with respect to both private communications and radio-based telephone communications at the same time.


185. (1) An application for an authorization to be given under section 186 shall be made ex parte and in writing to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 and shall be signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness or an agent specially designated in writing for the purposes of this section by
(a) the Minister personally or the Deputy Minister of Public Safety and Emergency
Preparedness personally, if the offence under investigation is one in respect of which proceedings, if any, may be instituted at the instance of the Government of Canada and
conducted by or on behalf of the Attorney General of Canada, or
(b) the Attorney General of a province personally or the Deputy Attorney General of a
province personally, in any other case, and shall be accompanied by an affidavit, which may be sworn on the information and belief of a peace officer or public officer deposing
to the following matters:
(c) the facts relied on to justify the belief that an authorization should be given together
with particulars of the offence,
(d) the type of private communication proposed to be intercepted,
(e) the names, addresses and occupations, if known, of all persons, the interception of
whose private communications there are reasonable grounds to believe may assist the investigation of the offence, a general description of the nature and location of the place, if known, at which private communications are proposed to be intercepted and a general description of the manner of interception proposed to be used,
(f) the number of instances, if any, on which an application has been made under this section in relation to the offence and a person named in the affidavit pursuant to paragraph
(e) and on which the application was withdrawn or no authorization was given, the
date on which each application was made and the name of the judge to whom each application was made,
(g) the period for which the authorization is requested, and
(h) whether other investigative procedures have been tried and have failed or why it appears they are unlikely to succeed or that the urgency of the matter is such that it would be impractical to carry out the investigation of the offence using only other investigative procedures.

(1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to
(a) an offence under section 467.11, 467.12 or 467.13;
(b) an offence committed for the benefit of, at the direction of or in association with a
criminal organization; or
(c) a terrorism offence.

(2) An application for an authorization may be accompanied by an application, personally
signed by the Attorney General of the province in which the application for the authorization is made or the Minister of Public Safety and Emergency Preparedness if the application for the authorization is made by him or on his behalf, to substitute for the period mentioned in subsection 196(1) such longer period not exceeding three years as is set out in the application.

(3) Where an application for an authorization is accompanied by an application referred
to in subsection (2), the judge to whom the applications are made shall first consider the application referred to in subsection (2) and where, on the basis of the affidavit in support of the application for the authorization and any other affidavit evidence submitted in support of the application referred to in subsection (2), the judge is of the opinion that the interests of justice warrant the granting of the application, he shall fix a period, not exceeding three years, in substitution for the period mentioned in subsection 196(1).

(4) Where the judge to whom an application for an authorization and an application referred to in subsection (2) are made refuses to fix a period in substitution for the period mentioned in subsection 196(1) or where the judge fixes a period in substitution therefor that is less than the period set out in the application referred to in subsection (2), the person appearing before the judge on the application for the authorization may withdraw the application for the authorization and thereupon the judge shall not proceed to consider the application for the authorization or to give the authorization and shall return to the person appearing before him on the application for the authorization both applications and all other material pertaining thereto.


186. (1) An authorization under this section may be given if the judge to whom the application is made is satisfied
(a) that it would be in the best interests of the administration of justice to do so; and
(b) that other investigative procedures have been tried and have failed, other investigative procedures are unlikely to succeed or the urgency of the matter is such that it would be impractical to carry out the investigation of the offence using only other investigative procedures.

(1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is
satisfied that the application for an authorization is in relation to (a) an offence under  section 467.11, 467.12 or 467.13;
(b) an offence committed for the benefit of, at the direction of or in association with a
criminal organization; or
(c) a terrorism offence.

(2) No authorization may be given to intercept a private communication at the office or
residence of a solicitor, or at any other place ordinarily used by a solicitor and by other solicitors for the purpose of consultation with clients, unless the judge to whom the application is made is satisfied that there are reasonable grounds to believe that the solicitor, any other solicitor practising with him, any person employed by him or any other such solicitor or a member of the solicitor’s household has been or is about to become a party to an offence.

(3) Where an authorization is given in relation to the interception of private communications at a place described in subsection (2), the judge by whom the authorization is given shall include therein such terms and conditions as he considers advisable to protect privileged communications between solicitors and clients.

(4) An authorization shall
(a) state the offence in respect of which private communications may be intercepted;
(b) state the type of private communication that may be intercepted;
(c) state the identity of the persons, if
known, whose private communications are to be intercepted, generally describe the place at which private communications may be intercepted, if a general description of that place can be given, and generally describe the manner of interception that may be used;
(d) contain such terms and conditions as the judge considers advisable in the public interest; and
(e) be valid for the period, not exceeding sixty days, set out therein.

(5) The Minister of Public Safety and Emergency Preparedness or the Attorney General, as the case may be, may designate a person or persons who may intercept private communications under authorizations.

(5.1) For greater certainty, an authorization that permits interception by means of an electro-magnetic, acoustic, mechanical or other device includes the authority to install, maintain or remove the device covertly.

(5.2) On an ex parte application, in writing, supported by affidavit, the judge who gave an
authorization referred to in subsection (5.1) or any other judge having jurisdiction to give such an authorization may give a further authorization for the covert removal of the electro-magnetic, acoustic, mechanical or other device after
the expiry of the original authorization
(a) under any terms or conditions that the judge considers advisable in the public interest; and
(b) during any specified period of not more than sixty days.

(6) Renewals of an authorization may be given by a judge of a superior court of criminal
jurisdiction or a judge as defined in section 552 on receipt by him or her of an ex parte application in writing signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness — or an agent specially designated in writing for the purposes of section 185 by the Minister or the Attorney General, as the case may be — accompanied by an affidavit of a peace officer or public officer deposing to the following matters:
(a) the reason and period for which the renewal is required,
(b) full particulars, together with times and dates, when interceptions, if any, were made
or attempted under the authorization, and any information that has been obtained by any interception, and
(c) the number of instances, if any, on which, to the knowledge and belief of the deponent, an application has been made under this subsection in relation to the same authorization and on which the application was withdrawn or no renewal was given, the date on which each application was made and the name of the judge to whom each application was made, and supported by such other information as the judge may require.

(7) A renewal of an authorization may be given if the judge to whom the application is
made is satisfied that any of the circumstances described in subsection (1) still obtain, but no renewal shall be for a period exceeding sixty days.


186.1 Notwithstanding paragraphs 184.2(4) (e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to
(a) an offence under section 467.11, 467.12 or 467.13;
(b) an offence committed for the benefit of, at the direction of or in association with a
criminal organization; or
(c) a terrorism offence.


187. (1) All documents relating to an application made pursuant to any provision of this
Part are confidential and, subject to subsection (1.1), shall be placed in a packet and sealed by the judge to whom the application is made immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in such other place as the judge may authorize and shall not be dealt with except in accordance with subsections (1.2) to (1.5).

(1.1) An authorization given under this Part need not be placed in the packet except where, pursuant to subsection 184.3(7) or (8), the original authorization is in the hands of the judge, in which case that judge must place it in the packet and the facsimile remains with the applicant.

(1.2) The sealed packet may be opened and its contents removed for the purpose of dealing with an application for a further authorization or with an application for renewal of an authorization.

(1.3) A provincial court judge, a judge of a superior court of criminal jurisdiction or a
judge as defined in section 552 may order that the sealed packet be opened and its contents removed for the purpose of copying and examining the documents contained in the packet.

(1.4) A judge or provincial court judge before whom a trial is to be held and who has jurisdiction in the province in which an authorization was given may order that the sealed
packet be opened and its contents removed for the purpose of copying and examining the documents contained in the packet if
(a) any matter relevant to the authorization or any evidence obtained pursuant to the authorization is in issue in the trial; and
(b) the accused applies for such an order for the purpose of consulting the documents to
prepare for trial.

(1.5) Where a sealed packet is opened, its contents shall not be destroyed except pursuant to an order of a judge of the same court as the judge who gave the authorization.

(2) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents
relating to an application made pursuant to section 185 or subsection 186(6) or 196(2) may only be made after the Attorney General or the Minister of Public Safety and Emergency Preparedness by whom or on whose authority the application for the authorization to which the order relates was made has been given an opportunity
to be heard.

(3) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents
relating to an application made pursuant to subsection 184.2(2) or section 184.3 may only be made after the Attorney General has been given an opportunity to be heard.

(4) Where a prosecution has been commenced and an accused applies for an order for
the copying and examination of documents pursuant to subsection (1.3) or (1.4), the judge shall not, notwithstanding those subsections, provide any copy of any document to the accused until the prosecutor has deleted any part of the copy of the document that the prosecutor believes would be prejudicial to the public interest, including any part that the prosecutor believes could (a) compromise the identity of any confidential
informant;
(b) compromise the nature and extent of ongoing investigations;
(c) endanger persons engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used; or
(d) prejudice the interests of innocent persons.

(5) After the prosecutor has deleted the parts of the copy of the document to be given to the accused under subsection (4), the accused shall be provided with an edited copy of the document.

(6) After the accused has received an edited copy of a document, the prosecutor shall keep a copy of the original document, and an edited copy of the document and the original document shall be returned to the packet and the packet resealed.

(7) An accused to whom an edited copy of a document has been provided pursuant to subsection (5) may request that the judge before whom the trial is to be held order that any part of the document deleted by the prosecutor be made available to the accused, and the judge shall order that a copy of any part that, in the opinion of the judge, is required in order for the accused to make full answer and defence and for which the provision of a judicial summary would not be sufficient, be made available to the accused.


188. (1) Notwithstanding section 185, an application made under that section for an authorization may be made ex parte to a judge of a superior court of criminal jurisdiction, or a judge as defined in section 552, designated from time to time by the Chief Justice, by a peace officer specially designated in writing, by name or otherwise, for the purposes of this section by
(a) the Minister of Public Safety and Emergency Preparedness, if the offence is one in
respect of which proceedings, if any, may be instituted by the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or
(b) the Attorney General of a province, in respect of any other offence in the province,
if the urgency of the situation requires interception of private communications to commence before an authorization could, with reasonable diligence, be obtained under section 186.

(2) Where the judge to whom an application is made pursuant to subsection (1) is satisfied that the urgency of the situation requires that interception of private communications commence before an authorization could, with reasonable diligence, be obtained under section 186, he may, on such terms and conditions, if any, as he considers advisable, give an authorization in writing for a period of up to thirtysix
hours.

(4) In this section, “Chief Justice” means
(a) in the Province of Ontario, the Chief Justice of the Ontario Court;
(b) in the Province of Quebec, the Chief Justice of the Superior Court;
(c) in the Provinces of Nova Scotia and British Columbia, the Chief Justice of the
Supreme Court;
(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the
Chief Justice of the Court of Queen’s Bench;
(e) in the Provinces of Prince Edward Island and Newfoundland, the Chief Justice of the
Supreme Court, Trial Division; and
(f) in Yukon, the Northwest Territories and Nunavut, the senior judge within the meaning
of subsection 22(3) of the Judges Act.

(5) The trial judge may deem inadmissible the evidence obtained by means of an interception of a private communication pursuant to a subsequent authorization given under this section, where he finds that the application for the subsequent authorization was based on the same facts, and involved the interception of the private communications of the same person or persons, or related to the same offence, on
which the application for the original authorization was based.


188.1 (1) Subject to subsection (2), the interception of a private communication authorized pursuant to section 184.2, 184.3, 186 or 188 may be carried out anywhere in Canada.

(2) Where an authorization is given under section 184.2, 184.3, 186 or 188 in one
province but it may reasonably be expected that it is to be executed in another province and the execution of the authorization would require entry into or upon the property of any person in the other province or would require that an order under section 487.02 be made with respect to any person in that other province, a judge in the other province may, on application, confirm the authorization and when the authorization is so confirmed, it shall have full force and effect in that other province as though it had originally been given in that other province.

188.2 No person who acts in accordance with an authorization or under section 184.1 or
184.4 or who aids, in good faith, a person who he or she believes on reasonable grounds is acting in accordance with an authorization or under one of those sections incurs any criminal or civil liability for anything reasonably done further to the authorization or to that section.


189. (1) to (4) [Repealed, 1993, c. 40, s. 10]

(5) The contents of a private communication that is obtained from an interception of the private communication pursuant to any provision of, or pursuant to an authorization given under, this Part shall not be received in evidence unless the party intending to adduce it has given to the accused reasonable notice of the intention together with
(a) a transcript of the private communication, where it will be adduced in the form of
a recording, or a statement setting out full particulars of the private communication,
where evidence of the private communication will be given viva voce; and
(b) a statement respecting the time, place and date of the private communication and
the parties thereto, if known.

(6) Any information obtained by an interception that, but for the interception, would
have been privileged remains privileged and inadmissible as evidence without the consent of the person enjoying the privilege.


190. Where an accused has been given notice pursuant to subsection 189(5), any judge of the court in which the trial of the accused is being or is to be held may at any time order that further particulars be given of the private communication that is intended to be adduced in evidence.