Criminal Code

Marginal note:Warrant of seizure

• 164 (1) A judge may issue a warrant authorizing seizure of copies of any material — including a recording, publication or written material, or representation — if the judge is satisfied by information on oath that there are reasonable grounds to believe that

  • (a) the material is illicit material; and

  • (b) copies of the material are kept in premises within the jurisdiction of the court and, in the case of material alleged to be illicit material described in any of paragraphs (a) to (d) of the definition of that term in subsection (8), are so kept for sale or distribution.

• Marginal note:Summons to occupier

  (2) Within seven days of the day on which the warrant is issued, the judge shall issue a summons to the occupier of the premises requiring them to appear before the court and show cause why the seized thing should not be forfeited to His Majesty.

• Marginal note:Owner and maker may appear

  (3) The owner and the maker of the seized thing that is alleged to be illicit material may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the thing.

• Marginal note:Order of forfeiture

  (4) If the court is satisfied, on a balance of probabilities, that the seized thing is illicit material, it may make an order declaring the thing to be forfeited to His Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

• Marginal note:Restoration

  (5) If the court is not satisfied that the seized thing is illicit material, it shall order that the thing be restored to the person from whom it was seized without delay after the time for final appeal has expired.

• Marginal note:Appeal

  (6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared in the proceedings

  • (a) on any ground of appeal that involves a question of law alone,

  • (b) on any ground of appeal that involves a question of fact alone, or

  • (c) on any ground of appeal that involves a question of mixed law and fact,

  as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI and sections 673 to 696 apply with such modifications as the circumstances require.

• Marginal note:Consent

  (7) If an order is made under this section by a judge in a province with respect to one or more copies of any material, no proceedings shall be instituted or continued in that province under subsection 160(3.1) or section 162, 162.1, 163, 163.1, 286.4 or 320.103 with respect to those or other copies of the same material without the consent of the Attorney General.

• Marginal note:Definitions

  (8) In this section,

  advertisement for conversion therapy

  advertisement for conversion therapy[Repealed, 2026, c. 19, s. 18]

  advertisement of sexual services

  advertisement of sexual services[Repealed, 2026, c. 19, s. 18]

  court

  court means

  • (a) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,

  • (a.1) in the Province of Ontario, the Superior Court of Justice,

  • (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

  • (c) [Repealed, 2026, c. 11, s. 5]

  • (c.1) [Repealed, 1992, c. 51, s. 34]

  • (d) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court, and

  • (e) in Nunavut, the Nunavut Court of Justice; (tribunal)

  crime comic

  crime comic[Repealed, 2018, c. 29, s. 12]

  illicit material

  illicit material means

  • (a) any visual representation that is or is likely to be mistaken for a photographic, film, video or other visual recording of a person committing bestiality, as defined in subsection 160(7),

  • (b) a visual recording, as defined in subsection 162(2), that is made as described in subsection 162(1),

  • (c) an intimate image, as defined in subsection 162.1(2), in relation to which an offence was committed under section 162.1,

  • (d) a publication that is obscene, within the meaning of subsection 163(8),

  • (e) child sexual abuse and exploitation material, as defined in subsection 163.1(1),

  • (f) any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to advertise sexual services contrary to section 286.4, or

  • (g) any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to promote or advertise conversion therapy contrary to section 320.103; (matériel illicite)

  intimate image

  intimate image[Repealed, 2026, c. 19, s. 18]

  judge

  judge means a judge of a court. (juge)

  voyeuristic recording

  voyeuristic recording[Repealed, 2026, c. 19, s. 18]