View source for Intercept of Private Communications (Offence)

[[fr:Interception de communications privées (infraction)]]
{{Currency2|January|2020}}
{{LevelZero}}{{HeaderOffences}}
{{HeaderWiretaps}}
{{OffenceBox 
|OffenceTitle=Intercept of Private Communications 
|OffencePage=Intercept of Private Communications 
|Section=184, 184.5, 191, 193, and 193.1
|Act={{OBCCC}} 
|CrownElection={{OBHybridElection}} 
|Jurisdiction={{OBJurisdictionAll}} 
|Bail={{OBBailAll}} 
|IndictableDisp=  {{OBDisp2to10}}
|IndictableMin= {{OBMinNone}}
|IndictableMax= {{OBTime|2 years}} or {{OBTime|5 years}} }}

==Overview==
{{OverviewVI|intercept of private communications}}

; Pleadings
{{PleadingsHeader-N}}
{{PleadingsHybridList-N|s. 184 {{DescrSec|184}},<br>s. 184.5 {{DescrSec|184.5}},<br>s. 191 {{DescrSec|191}},<br> s. 193 {{DescrSec|193}}, and<br>s. 193.1 {{DescrSec|193.1}}| {{NA}} | Yes | {{No-Under14}} }}
{{PleadingsEnd}}
{{PleadingsHybridElection|s. 184 {{DescrSec|184}}, 184.5 {{DescrSec|184.5}}, 191 {{DescrSec|191}}, 193 {{DescrSec|193}}, and 193.1 {{DescrSec|193.1}}}}

; Release
{{ReleaseOptions-Hybrid|s. 184 {{DescrSec|184}}, s. 184.5 {{DescrSec|184.5}}, s. 191 {{DescrSec|191}}, s. 193 {{DescrSec|193}}, and s. 193.1 {{DescrSec|193.1}}}}

:''<u>Reverse Onus Bail</u>''
{{ReverseOnusCirc}}

; Publication Bans
{{GeneralPubBan}}

; Offence Designations
{{DesignationHeader}} 
|-
|s. 184 {{DescrSec|184}} and <br>s. 191 {{DescrSec|191}} || {{OKMark}} <!--wire--> || {{XMark}} <!--DO-->||{{XMark}} <!--SPIO--> || {{XMark}} <!--consent-->  || {{XMark}} <!--IPRA-->  
|-
|s. 184.5 {{DescrSec|184.5}},<br> s. 193 {{DescrSec|193}}, and <br>s. 193.1 {{DescrSec|193.1}} || {{XMark}} <!--wire--> || {{XMark}} <!--DO-->||{{XMark}} <!--SPIO--> || {{XMark}} <!--consent-->  || {{XMark}} <!--IPRA-->  
{{DesignationEnd}}

{{WiretapDesignation|s. 184 and 191}}

{{SeeBelowForAncillary}}

==Offence Wording==

{{quotation2|
; Interception
184 (1) Every person who, by means of any electro-magnetic, acoustic, mechanical or other device, knowingly intercepts a private communication is guilty of
:(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
:(b) an offence punishable on summary conviction.

{{removed|(2) and (3)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 184; 
{{LegHistory90s|1993, c. 40}}, s. 3;
{{LegHistory00s|2004, c. 12}}, s. 4; 
{{LegHistory10s|2019, c. 25}}, s. 64.
|{{CCCSec2|184}}
|{{NoteUp|184|1}}
}}

{{quotation2|
; Interception of radio-based telephone communications
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
:(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
:(b) an offence punishable on summary conviction.

; Other provisions to apply
(2) Section 183.1 {{AnnSec1|183.1}}, subsection 184(2) {{AnnSec1|184(2)}} and sections 184.1 to 190 {{AnnSec1|184.1 to 190}} and 194 to 196 {{AnnSec1|194 to 196}} apply, with such modifications as the circumstances require, to interceptions of radio-based telephone communications referred to in subsection (1) {{AnnSec1|184.5(1)}}.
<br>
{{LegHistory90s|1993, c. 40}}, s. 4;
{{LegHistory10s|2019, c. 25}}, s. 65.
|{{CCCSec2|184.5}}
|{{NoteUp|184.5|1|2}}
}}

{{quotation2|
; Possession, etc.
191 (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.

{{removed|(2) and (3)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 191; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 26; 
{{LegHistory00s|2005, c. 10}}, s. 34; 
{{LegHistory10s|2013, c. 8}}, s. 4;
{{LegHistory10s|2019, c. 25}}, s. 67.
|{{CCCSec2|191}}
|{{NoteUp|191|1}}
}}

{{quotation2|
; Disclosure of information
193 (1) If a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of that communication or of the person intended by the originator to receive it, every person commits an offence who, without the express consent of the originator of that communication or of the person intended to receive it, knowingly
:(a) uses or discloses the private communication or any part of it or the substance, meaning or purpose of it or of any part of it, or
:(b) discloses the existence of the private communication.

; Punishment
(1.1) Every person who commits an offence under subsection (1) {{AnnSec1|193(1)}} 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.

{{removed|(2) and (3)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 193; 
R.S., {{LegHistory80s|1985, c. 30 (4th Supp.)}}, s. 45; 
{{LegHistory90s|1993, c. 40}}, s. 11; 
{{LegHistory00s|2004, c. 12}}, s. 5;
{{LegHistory10s|2019, c. 25}}, s. 68.
|{{CCCSec2|193}}
|{{NoteUp|193|1|1.1}}
}}

{{quotation2|
; Disclosure of information received from interception of radio-based telephone communications
193.1 (1) Every person who knowingly uses or discloses a radio-based telephone communication or who knowingly discloses the existence of such a communication is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction, if
:(a) the originator of the communication or the person intended by the originator of the communication to receive it was in Canada when the communication was made;
:(b) the communication was intercepted by means of an electromagnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of the communication or of the person intended by the originator to receive the communication; and
:(c) the person does not have the express or implied consent of the originator of the communication or of the person intended by the originator to receive the communication.

; Other provisions to apply
(2) Subsections 193(2) {{AnnSec1|193(2)}} and (3) {{AnnSec1|193(3)}} apply, with such modifications as the circumstances require, to disclosures of radio-based telephone communications.
<br>
{{LegHistory90s|1993, c. 40}}, s. 12;
{{LegHistory10s|2019, c. 25}}, s. 69.
|{{CCCSec2|193.1}}
|{{NoteUp|193.1|1|2}}
}}

===Draft Form of Charges===
{{seealso|Draft Form of Charges}}
{{DraftHeader}}
|-
| 184(1)
| 
|"{{ellipsis1}}, by means of an electromagnetic or an acoustic or a mechanical or [other] device, did wilfully intercept a private communication{{ToWit-Conduct}} {{contrary|184(1)}}."
|-
| 184.5(1)
| 
|"{{ellipsis1}}, {{contrary|184.5(1)}}.
|-
| 191(1)
| 
|"{{ellipsis1}}, {{contrary|191(1)}}.
|-
| 193(1)
| 
|"{{ellipsis1}}, {{contrary|193(1)}}.
|-
| 193.1
| 
|"{{ellipsis1}}, {{contrary|193.1}}.
{{DraftEnd}}

==Proof of the Offence==
{{ElementHeader}}
{{ElementLeft}}

{{Proving|interception|184}}
{{InitialElements}}
# {{box}} the culprit "intercepts" a communication
# {{box}} the communication is "private" and
# {{box}} the interception is "by means of any electro-magnetic, acoustic, mechanical or other device"

{{ElementRight}}

{{Proving|interception radio-based telephone communications|184.5}}
{{InitialElements}}
# {{box}} the culprit "intercepts" a communication
# {{box}} the interception is "by means of any electro-magnetic, acoustic, mechanical or other device"
# {{box}} the communication is "radio-based telephone" communication 
# {{box}} the communication is "private"
# {{box}} the interception was done "maliciously or for gain" and
# {{box}} either the sender or receiver is in Canada.

{{ElementLeft}}

{{Proving|Possession of Intercept Device|191}}
{{InitialElements}}
# {{box}} the culprit "possesses, sells or purchases" a device;
# {{box}} the device is an "electro-magnetic, acoustic, mechanical or other device" or a "component thereof";
# {{box}} the device's "design ... renders it primarily useful for surreptitious interception of private communications"; and 
# {{box}} the culprit knew of the design.

{{ElementRight}}

{{Proving|Disclosure of Information|193}}
{{InitialElements}}
# {{box}} a "private communication" has been intercepted 
# {{box}} the interception was "by means of an electro-magnetic, acoustic, mechanical or other device"
# {{box}} the interception was "without the consent"
# {{box}} the culprit "uses or discloses the private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof," or "discloses the existence thereof" and
# {{box}} the culprit did not have consent of the sender or receiver
# {{box}} none of the exemptions under s. 193(2) or (2) apply

{{ElementLeft}}

{{Proving|Disclosure of information received from interception of radio-based telephone communications|193.1}}
{{InitialElements}}
# {{box}} the culprit "uses or discloses a radio-based telephone communication" or "discloses the existence of such a communication"{{ARConduct}};
# {{box}} the culprit does the prohibited act "wilfully"{{MRConduct}}; 
# {{box}} the "the originator of the communication or the person intended by the originator of the communication to receive it was in Canada when the communication was made" {{ARCirc}};
# {{box}} the "the communication was intercepted by means of an electromagnetic, acoustic, mechanical or other device"{{ARConduct}};
# {{box}} the interception was "without the consent, express or implied, of the originator of the communication or of the person intended by the originator to receive the communication"{{ARCirc}} 
# {{box}} the culprit "does not have the express or implied consent of the originator of the communication or of the person intended by the originator to receive the communication."{{ARCirc}}

{{ElementRight}}

{{ElementEnd}}

==Interpretation==

===Exceptions for s. 184===
Exceptions are made for:
* interceptions with "the consent to intercept, express or implied, of the originator of the communication or the person intended to by the originator to receive it;" (184(2)(a)). This would appear to include consent of the party recording the communication if they were a party the original communication.
* intercepts with authorization under 184.4 or where there is good faith belief to be acting under such authorization. (184(2)(b))
* intercepted by certain persons who are maintaining the communication service (184(2)(c), (d), or (e))

{{quotation2|
184<br>
{{removed|(1)}}
; Saving provision
(2) Subsection (1) {{AnnSec1|184(2)}} 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 {{AnnSec1|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 {{AnnSec1|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) {{AnnSec3|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) {{AnnSec3|342.1(1)}} or 430(1.1) {{AnnSec4|430(1.1)}}.

; Use or retention
(3) A private communication intercepted by a person referred to in paragraph (2)(e) {{AnnSec1|184(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) {{AnnSec1|193(2)}}.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 184; 
{{LegHistory90s|1993, c. 40}}, s. 3; 
{{LegHistory00s|2004, c. 12}}, s. 4.
| [{{CCCSec|184}}
|{{NoteUp|184|2|3}}
}}

{{reflist|2}}

===Exceptions for s. 191===
{{quotation2|
191<br>
{{removed|(1)}}
; Exemptions
(2) Subsection (1) does not apply to
:(a) a police officer in possession of a device or component described in subsection (1) {{AnnSec1|191(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.
; Terms and conditions of licence
(3) A licence issued for the purpose of paragraph (2)(d) {{AnnSec1|191(2)(d)}} may contain such terms and conditions relating to the possession, sale or purchase of a device or component described in subsection (1) {{AnnSec1|191(1)}} as the Minister of Public Safety and Emergency Preparedness may prescribe.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 191;
 R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 26; 
{{LegHistory00s|2005, c. 10}}, s. 34; 
{{LegHistory10s|2013, c. 8}}, s. 4.
|{{CCCSec2|191}}
|{{NoteUp|191|2|3}}
}}

Exemptions are made for:
* police officer when in the course of their employment (191(2)(a))
* anyone possessing it the purpose of an authorized interception (191(2)(b))
* anyone who is at the direction of a police officer in the course of his duties (191(2)(b.1))
* a "servant" to Her Majesty or member of the Canadian Forces while in the course of their duties (191(2)(c))
* a person licenced by the Minister of Public Safety and Emergency Preparedness (191(2)(d))

It is also an offence to possess equipment that may intercept private communications:
{{quotation2|
; Possession, etc.
191 (1) Every one who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component thereof knowing that the design thereof renders it primarily useful for surreptitious interception of private communications is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
<br>
{{removed|(2) and (3)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 191; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 26; 
{{LegHistory00s|2005, c. 10}}, s. 34; 
{{LegHistory10s|2013, c. 8}}, s. 4.
|{{CCCSec2|191}}
|{{NoteUp|191|1}}
}}

{{reflist|2}}

===Exceptions for s. 193===
{{quotation2|
193<br>
{{removed|(1) and (1.1)}}
; Exemptions
(2) Subsection (1) {{AnnSec1|193(2)}} does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication
:(a) in the course of or for the purpose of giving evidence in any civil or criminal proceedings or in any other proceedings in which the person may be required to give evidence on oath;
:(b) in the course of or for the purpose of any criminal investigation if the private communication was lawfully intercepted;
:(c) in giving notice under section 189 or furnishing further particulars pursuant to an order under section 190;
:(d) in the course of the operation of
::(i) a telephone, telegraph or other communication service to the public,
::(ii) a department or an agency of the Government of Canada, or
::(iii) services relating to the management or protection of a computer system, as defined in subsection 342.1(2) {{AnnSec3|342.1(2)}},
if the disclosure is necessarily incidental to an interception described in paragraph 184(2)(c), (d) or (e);
:(e) where disclosure is made to a peace officer or prosecutor in Canada or to a person or authority with responsibility in a foreign state for the investigation or prosecution of offences and is intended to be in the interests of the administration of justice in Canada or elsewhere; or
:(f) where the disclosure is made to the Director of the Canadian Security Intelligence Service or to an employee of the Service for the purpose of enabling the Service to perform its duties and functions under section 12 of the Canadian Security Intelligence Service Act.

; Publishing of prior lawful disclosure
(3) Subsection (1) {{AnnSec1|193(1)}} does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication where that which is disclosed by him was, prior to the disclosure, lawfully disclosed in the course of or for the purpose of giving evidence in proceedings referred to in paragraph (2)(a) {{AnnSec1|193(2)(a)}}.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 193; 
R.S., 1985, c. 30 (4th Supp.), s. 45; 
{{LegHistory90s|1993, c. 40}}, s. 11;
{{LegHistory00s|2004, c. 12}}, s. 5.
|{{CCCSec2|193}}
|{{NoteUp|193|2|3}}
}}

==="Private Communications", "Interception", and "Telecommunication"===
* see [[Wiretaps]]

===Possession of Intercept Device===
A dual function device, such as a recorder that also takes pictures, can be a device that is "primarily useful for surreptitious interception."<ref>
{{CanLIIRP|Alexander|1llhs|2005 CanLII 32566 (ON CA)|206 CCC (3d) 233}}{{perONCA-H|Doherty JA}} appeal refused to SCC<br>
</ref>

{{Reflist|2}}

==Participation of Third Parties==
{{seealso|Role of the Victim and Third Parties|Testimonial Aids for Young, Disabled or Vulnerable Witnesses}}

; Testimonial Aids
{{3rdPTestimonyAids}}

; On Finding of Guilt
{{VictimHeader}} <!-- Sections / Notice of Agree / Notice of Restitution / Notice of VIS --> 
|s. 184 {{DescrSec|184}} || || || 
|- 
{{VictimEnd}} 
<!--
{{606Notice5Y|XX}}
{{606NoticeSPIO|XX}}
-->
{{RestitutionNotice}}

{{VISNotice}}

==Sentencing Principles and Ranges==
{{seealsoSentencing}}
; Maximum Penalties
{{SProfileMaxHeader}}
{{SProfileMax|s. 184 {{DescrSec|184}},<br>s. 184.5 {{DescrSec|184.5}} | {{NA}} | {{Max5Years}} }}
{{SProfileMax|s. 191 {{DescrSec|191}},<br>s. 193 {{DescrSec|193}},<br> and<br>s. 193.1 {{DescrSec|193.1}}| {{NA}} | {{Max2Years}} }}
{{SProfileEnd}}
{{MaxPenaltyHybrid|s. 184 {{DescrSec|184}} and 184.5 {{DescrSec|184.5}}|'''{{Max5Years}}'''}}

{{MaxPenaltyHybrid|s. 191 {{DescrSec|191}}, 193 {{DescrSec|193}}, and 193.1 {{DescrSec|193.1}}|'''{{Max2Years}}'''}}

; Minimum Penalties
{{NoMinimumPenalties}}

; Available Dispositions
{{SProfileAvailHeader}}
|s. 184 {{DescrSec|184}}, <br>s. 184.5 {{DescrSec|184.5}}, <br>s. 191 {{DescrSec|191}}, <br> s. 193 {{DescrSec|193}}, and<br>s. 193.1 {{DescrSec|193.1}} || {{NA}} || {{SProfileAll}}
|-
{{SProfileEnd}}

{{AllDispositionsAvailable}}

; Consecutive Sentences
{{NoConsecutive}}

===Damages===

{{quotation2|
; Damages
194 (1) Subject to subsection (2) {{AnnSec1|194(2)}}, a court that convicts an accused of an offence under section 184 {{AnnSec1|184}}, 184.5 {{AnnSec1|184.5}}, 193 {{AnnSec1|193}} or 193.1 {{AnnSec1|193.1}} may, on the application of a person aggrieved, at the time sentence is imposed, order the accused to pay to that person an amount not exceeding five thousand dollars as punitive damages.

; No damages where civil proceedings commenced
(2) No amount shall be ordered to be paid under subsection (1) {{AnnSec1|194(1)}} to a person who has commenced an action under Part II of the Crown Liability Act.

; Judgment may be registered
(3) Where an amount that is ordered to be paid under subsection (1) {{AnnSec1|194(1)}} is not paid forthwith, the applicant may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the accused in the same manner as if it were a judgment rendered against the accused in that court in civil proceedings.

; Moneys in possession of accused may be taken
(4) All or any part of an amount that is ordered to be paid under subsection (1) {{AnnSec1|194(1)}} may be taken out of moneys found in the possession of the accused at the time of his arrest, except where there is a dispute respecting ownership of or right of possession to those moneys by claimants other than the accused.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 194; 
{{LegHistory90s|1993, c. 40}}, s. 13.

|{{CCCSec2|194}}
|{{NoteUp|194|1|2|3|4}}
}}

===Principles===

===Ranges===
{{seealsoRanges|Intercept of Private Communications}}

==Sentencing Ancillary Orders==

===Forfeiture===
Section 192 permits a judge or justice to order the forfeiture of a wiretap device used in the commission of an offence under s. 184 or 191.

{{quotation2|
; Forfeiture
192 (1) Where a person is convicted of an offence under section 184 {{AnnSec1|184}} or 191 {{AnnSec1|191}}, any electro-magnetic, acoustic, mechanical or other device by means of which the offence was committed or the possession of which constituted the offence, on the conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty whereupon it may be disposed of as the Attorney General directs.

; Limitation
(2) No order for forfeiture shall be made under subsection (1) {{AnnSec1|192(1)}} in respect of telephone, telegraph or other communication facilities or equipment owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person by means of which an offence under section 184 has been committed if that person was not a party to the offence.
<br>
1973-74, c. 50, s. 2.
{{Annotation}}
|{{CCCSec2|192}}
|{{NoteUp|192|1|2}}
}}

Section 183 defines "electro-magnetic, acoustic, mechanical or other device".

===Damages===
{{quotation2|
; Damages
194 (1) Subject to subsection (2) {{AnnSec1|194(2)}}, a court that convicts an accused of an offence under section 184 {{AnnSec1|184}}, 184.5 {{AnnSec1|184.5}}, 193 {{AnnSec1|193}} or 193.1 {{AnnSec1|193.1}} may, on the application of a person aggrieved, at the time sentence is imposed, order the accused to pay to that person an amount not exceeding five thousand dollars as punitive damages.
<br>
; No damages where civil proceedings commenced
(2) No amount shall be ordered to be paid under subsection (1) {{AnnSec1|194(1)}} to a person who has commenced an action under Part II of the ''Crown Liability Act''.
<br>
; Judgment may be registered
(3) Where an amount that is ordered to be paid under subsection (1) {{AnnSec1|194(1)}} is not paid forthwith, the applicant may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the accused in the same manner as if it were a judgment rendered against the accused in that court in civil proceedings.
<br>
; Moneys in possession of accused may be taken
(4) All or any part of an amount that is ordered to be paid under subsection (1) {{AnnSec1|194(1)}} may be taken out of moneys found in the possession of the accused at the time of his arrest, except where there is a dispute respecting ownership of or right of possession to those moneys by claimants other than the accused.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 194; 
{{LegHistory90s|1993, c. 40}}, s. 13.
{{Annotation}}
|{{CCCSec2|194}}
|{{NoteUp|194|1|2|3|4}}
}}

===Orders===
; Offence-specific Orders
{{AOrderHeader}}
{{AOrder1| [[DNA Orders]] | s. 184 or 184.5 |
* {{SecondDNA(AorB)|s. 184 or 184.5}} }}

{{AOrder1| Device Forfeiture Order (s. 192) | s. 184 or 191 | }}

{{AOrderEnd}}

; General Sentencing Orders
{{GeneralSentencingOrders}}

; General Forfeiture Orders
{{GeneralForfeitureOrders}}

==History==
{{seealso|List of Criminal Code Amendments|Table of Concordance (Criminal Code)}}

===1993 to 2004===
{{quotation1|
; Interception
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.
<br>
; Saving provision
(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; or
:(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.

(3) [Repealed, {{LegHistory90s|1993, c. 40}}, s. 3]
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 184; {{LegHistory90s|1993, c. 40}}, s. 3.
|[http://canlii.ca/t/l363 CCC]
|{{NoteUp|}}
}}
==See Also==
* [[Wiretaps]]