Crown Liability and Proceedings Act (R.S.C., 1985, c. C-50)

Marginal note:Definitions

16. In this section and sections 17 and 18,

“authorization”

“authorization”[Repealed, 1993, c. 40, s. 19]

“electro-magnetic, acoustic, mechanical or other device”

« dispositif d’interception »

“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”

« interception »

“intercept” includes listen to, record or acquire a communication or acquire the substance, meaning or purport thereof;

“private communication”

« communication privée »

“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”

« réseau téléphonique public commuté »

“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”

« communication radiotéléphonique »

“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;

Marginal note:Crown liable for interception

• 17. (1) Subject to subsection (2), where a servant of the Crown, by means of an electro-magnetic, acoustic, mechanical or other device, intentionally intercepts a private communication, in the course of that servant’s employment, the Crown is liable for all loss or damage caused by or attributable to that interception, and for punitive damages in an amount not exceeding five thousand dollars, to each person who incurred that loss or damage.

• Marginal note:Saving provision

  (2) The Crown is not liable under subsection (1) for loss or damage or punitive damages referred to therein where the interception complained of

  • (a) was lawfully made;

  • (b) was made with the consent, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it; or

  • (c) was made by an officer or servant of the Crown who engages in radio frequency spectrum management, for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission.

• (3) [Repealed, 1993, c. 40, s. 20]