Execution of Intercepts

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General Principles

No civil or criminal liability

188.2 No person who acts in accordance with an authorization or under section 184.1 [interception to prevent bodily harm] or 184.4 [immediate interception — imminent harm] 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.
1993, c. 40, s. 9.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Location of Intercept

Interprovincial Communications

Execution in Canada

188.1 An authorization given under section 184.2 [one-party consent wiretap], 184.3 [one-party consent wiretap by telewarrant], 186 [authorization of wiretap] or 188 [emergency wiretaps] may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed.
1993, c. 40, s. 9; 2019, c. 25, s. 66.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Under this section, there is no need for there to be explicit authorization to capture communications with a person in a different province.

International Intercepts

Based on the definition of "private communication" under s. 183, an authorized intercept must have either the sender or recipient of the communication within Canada.

Mobile Phones

A mobile phone is not to be named as a "place" of an intercept.