DEFINITIONS

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;

"offence"

means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to section 47 [high treason], 51 [intimidating Parliament or a legislature], 52 [sabotage], 57 [forgery, etc.], 61 [sedition], 76 [hijacking], 77 [endangering safety of aircraft or airport], 78 [offensive weapons, etc., on aircraft], 78.1 [offences against maritime navigation or fixed platforms], 80 [breach of duty], 81 [using explosives], 82 [possessing explosive], 90 [possession of prohibited weapon], 95 [importing or exporting of prohibited weapon], 119 [bribery, etc.], 120 [bribery, etc.], 121 [fraud on government], 122 [breach of trust], 123 [municipal corruption], 132 [perjury], 139 [obstructing justice], 144 [prison breach], 163.1 [child pornography], 184 [unlawful interception], 191 [possession of intercepting device], 235 [murder], 264.1 [uttering threats], 267 [assault with a weapon or causing bodily harm], 268 [aggravated assault], 269 [unlawfully causing bodily harm], 271 [sexual assault], 272 [sexual assault with a weapon, threats to a third party or causing bodily harm], 273 [aggravated sexual assault], 279 [kidnapping], 279.1 [hostage taking], 318 [advocating genocide], 344 [robbery], 346 [extortion], 347 [criminal interest rate], 348 [breaking and entering], 354 [possession of property obtained by crime], 356 [theft from mail], 367 [forgery], 368 [uttering forged document], 372 [false messages], 380 [fraud], 381 [using mail to defraud], 382 [fraudulent manipulation of stock exchange transactions], 424 [threat to commit offences against internationally protected person], 426 [secret commissions], 433 [arson], 434 [arson], 434.1 [arson], 435 [arson for fraudulent purpose], 449 [making counterfeit money], 450 [possession, etc., of counterfeit money], 452 [uttering, etc., counterfeit money], or 462.31 [laundering proceeds of crime], subsection 145[1] [escape, etc.], 201[1] [keeping gaming or betting house], 212[1] [procuring] or 462.33[11] [acting in contravention of restraint order] or paragraph 163[1][a] [obscene materials], 202[1][e] [pool-selling, etc.], or 334[a] [theft in excess of $1,000, etc.], section 4 [trafficking], 5 [importing or exporting], 19.1 [possession of property obtained by certain offences] or 19.2 [laundering proceeds of certain offences] of the Narcotic Control Act, section 39 [trafficking], 44.2 [possession of property obtained by trafficking in controlled drugs], 44.3 [laundering proceeds of trafficking in controlled drugs], 48 [trafficking], 50.2 [possession of property obtained by trafficking in restricted drugs] or 50.3 [laundering proceeds of trafficking in restricted drugs] of the Food and Drugs Act, section 153 [false statements], 159 [smuggling], 163.1 [possession of property obtained by smuggling, etc.] or 163.2 [laundering proceeds of smuggling, etc.] of the Customs Act, sections 94.1 and 94.2 [organizing entry into Canada], 94.3 [disembarking persons at sea] and 94.4 [counselling false statements] of the Immigration Act, 1976, section 126.1 [possession of property obtained by excise offences], 126.2 [laundering proceeds of excise offences], 158 [unlawful distillation of spirits] or 163 [unlawful selling of spirits] or subsection 233[1] [unlawful packaging or stamping] or 240[1] [unlawful possession or sale of manufactured tobacco or cigars] of the Excise Act, section 198 [fraudulent bankruptcy] of the Bankruptcy and Insolvency Act, section 3 [spying] of the Official Secrets Act, section 13 [export or attempt to export], 14 [import or attempt to import], 15 [diversion, etc.], 16 [no transfer of permits], 17 [false information] or 18 [aiding and abetting] of the Export and Import Permits Act, or any other offence created by this Act for which an offender may be sentenced to imprisonment for five years or more or that is an offence mentioned in section 20 of the Small Loans Act, chapter S-11 of the Revised Statutes of Canada, 1970, that there are reasonable grounds to believe is part of a pattern of criminal activity planned and organized by a number of persons acting in concert;

"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 linebased 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;

"sell"

includes offer for sale, expose for sale, have in possession for sale or distribute or advertise for sale;

"solicitor"

means, in the Province of Quebec, an advocate or a notary and, in any other province, a barrister or solicitor. [ 1973-74, c.50, s.2; 1976-77, c.53, s.7; 1980-81-82-83, c.125, s.10; 1984, c.21, s.76; 1985, c.27 [1st Supp.], ss.7[2][a], 23; R.S.C. 1985, c.1 [2nd Supp.], s213; R.S.C. 1985, c.1 [4ht Supp.], s.13; c.29 [4th Supp.], s.17; c.42 [4th Supp.], s.1; 1991, c.28, s.12; 1992, c.27, s.90; 1993, c.7, s.5; 1993, c.25, s.94; 1993, c.40, s.1; 1994, c.46, s.4.]

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