Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Written notification to be given

• 196 (1) The Attorney General of the province in which an application under subsection 185(1) was made or the Minister of Public Safety and Emergency Preparedness if the application was made by or on behalf of that Minister shall, within 90 days after the period for which the authorization was given or renewed or within such other period as is fixed pursuant to subsection 185(3) or subsection (3) of this section, notify in writing the person who was the object of the interception pursuant to the authorization and shall, in a manner prescribed by regulations made by the Governor in Council, certify to the court that gave the authorization that the person has been so notified.

• Marginal note:Extension of period for notification

  (2) The running of the 90 days referred to in subsection (1), or of any other period fixed pursuant to subsection 185(3) or subsection (3) of this section, is suspended until any application made by the Attorney General or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period for which the authorization was given or renewed has been heard and disposed of.

• Marginal note:Where extension to be granted

  (3) Where the judge to whom an application referred to in subsection (2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that

  • (a) the investigation of the offence to which the authorization relates, or

  • (b) a subsequent investigation of an offence listed in section 183 commenced as a result of information obtained from the investigation referred to in paragraph (a),

  is continuing and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, each extension not to exceed three years.

• Marginal note:Application to be accompanied by affidavit

  (4) An application pursuant to subsection (2) shall be accompanied by an affidavit deposing to

  • (a) the facts known or believed by the deponent and relied on to justify the belief that an extension should be granted; and

  • (b) the number of instances, if any, on which an application has, to the knowledge or belief of the deponent, been made under that subsection in relation to the particular authorization and on which the application was withdrawn or the application was not granted, the date on which each application was made and the judge to whom each application was made.

• Marginal note:Exception for criminal organizations and terrorist groups

  (5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to

  • (a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13,

  • (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization, or

  • (c) a terrorism offence,

  and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

Marginal note:Written notice — interception in accordance with section 184.4

• 196.1 (1) Subject to subsections (3) and (5), the Attorney General of the province in which a police officer intercepts a private communication under section 184.4 or, if the interception relates to an offence for which proceedings may be commenced by the Attorney General of Canada, the Minister of Public Safety and Emergency Preparedness shall give notice in writing of the interception to any person who was the object of the interception within 90 days after the day on which it occurred.

• Marginal note:Extension of period for notification

  (2) The running of the 90-day period or of any extension granted under subsection (3) or (5) is suspended until any application made by the Attorney General of the province or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period has been heard and disposed of.

• Marginal note:Where extension to be granted

  (3) The judge to whom an application under subsection (2) is made shall grant an extension or a subsequent extension of the 90-day period — each extension not to exceed three years — if the judge is of the opinion that the interests of justice warrant granting the application and is satisfied, on the basis of an affidavit submitted in support of the application, that one of the following investigations is continuing:

  • (a) the investigation of the offence to which the interception relates; or

  • (b) a subsequent investigation of an offence commenced as a result of information obtained from the investigation referred to in paragraph (a).

• Marginal note:Application to be accompanied by affidavit

  (4) An application shall be accompanied by an affidavit deposing to

  • (a) the facts known or believed by the deponent and relied on to justify the belief that an extension should be granted; and

  • (b) the number of instances, if any, on which an application has, to the knowledge or belief of the deponent, been made under subsection (2) in relation to the particular interception and on which the application was withdrawn or the application was not granted, the date on which each application was made and the judge to whom each application was made.

• Marginal note:Exception — criminal organization or terrorism offence

  (5) Despite subsection (3), the judge to whom an application under subsection (2) is made shall grant an extension or a subsequent extension of the 90-day period — each extension not to exceed three years — if the judge is of the opinion that the interests of justice warrant granting the application and is satisfied, on the basis of an affidavit submitted in support of the application, that the interception of the communication relates to an investigation of

  • (a) an offence under section 52, 52.1, 52.2, 467.11, 467.12 or 467.13;

  • (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization;

  • (b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act; or

  • (c) a terrorism offence.

PART VIIDisorderly Houses, Gaming and Betting

Interpretation

Marginal note:Definitions

• 197 (1) In this Part,

  bet

  bet means a bet that is placed on any contingency or event that is to take place in or out of Canada, and without restricting the generality of the foregoing, includes a bet that is placed on any contingency relating to a horse-race, fight, match or sporting event that is to take place in or out of Canada; (pari)

  common bawdy-house

  common bawdy-house[Repealed, 2019, c. 25, s. 69.1]

  common betting house

  common betting house means a place that is opened, kept or used for the purpose of

  • (a) enabling, encouraging or assisting persons who resort thereto to bet between themselves or with the keeper, or

  • (b) enabling any person to receive, record, register, transmit or pay bets or to announce the results of betting; (maison de pari)

  common gaming house

  common gaming house means a place that is

  • (a) kept for gain to which persons resort for the purpose of playing games, or

  • (b) kept or used for the purpose of playing games

    • (i) in which a bank is kept by one or more but not all of the players,

    • (ii) in which all or any portion of the bets on or proceeds from a game is paid, directly or indirectly, to the keeper of the place,

    • (iii) in which, directly or indirectly, a fee is charged to or paid by the players for the privilege of playing or participating in a game or using gaming equipment, or

    • (iv) in which the chances of winning are not equally favourable to all persons who play the game, including the person, if any, who conducts the game; (maison de jeu)

  disorderly house

  disorderly house means a common betting house or a common gaming house; (maison de désordre)

  game

  game means a game of chance or mixed chance and skill; (jeu)

  gaming equipment

  gaming equipment means anything that is or may be used for the purpose of playing games or for betting; (matériel de jeu)

  keeper

  keeper includes a person who

  • (a) is an owner or occupier of a place,

  • (b) assists or acts on behalf of an owner or occupier of a place,

  • (c) appears to be, or to assist or act on behalf of an owner or occupier of a place,

  • (d) has the care or management of a place, or

  • (e) uses a place permanently or temporarily, with or without the consent of the owner or occupier thereof; (tenancier)

  place

  place includes any place, whether or not

  • (a) it is covered or enclosed,

  • (b) it is used permanently or temporarily, or

  • (c) any person has an exclusive right of user with respect to it; (local ou endroit)

  prostitute

  prostitute[Repealed, 2014, c. 25, s. 12]

  public place

  public place includes any place to which the public have access as of right or by invitation, express or implied. (endroit public)

• Marginal note:Exception

  (2) A place is not a common gaming house within the meaning of paragraph (a) or subparagraph (b)(ii) or (iii) of the definition common gaming house in subsection (1) while it is occupied and used by an incorporated genuine social club or branch thereof, if

  • (a) the whole or any portion of the bets on or proceeds from games played therein is not directly or indirectly paid to the keeper thereof; and

  • (b) no fee is charged to persons for the right or privilege of participating in the games played therein other than under the authority of and in accordance with the terms of a licence issued by the Attorney General of the province in which the place is situated or by such other person or authority in the province as may be specified by the Attorney General thereof.

• Marginal note:Onus

  (3) The onus of proving that, by virtue of subsection (2), a place is not a common gaming house is on the accused.

• Marginal note:Effect when game partly played on premises

  (4) A place may be a common gaming house notwithstanding that

  • (a) it is used for the purpose of playing part of a game and another part of the game is played elsewhere;

  • (b) the stake that is played for is in some other place; or

  • (c) it is used on only one occasion in the manner described in paragraph (b) of the definition common gaming house in subsection (1), if the keeper or any person acting on behalf of or in concert with the keeper has used another place on another occasion in the manner described in that paragraph.

Presumptions

198 [Repealed, 2018, c. 29, s. 16]

Search

Marginal note:Warrant to search

• 199 (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206 or 207 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found in that place that may be evidence that an offence under section 201, 202, 203, 206 or 207, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.

• Marginal note:Search without warrant, seizure and arrest

  (2) A peace officer may, whether or not he is acting under a warrant issued pursuant to this section, take into custody any person whom he finds keeping a common gaming house and any person whom he finds therein, and may seize anything that may be evidence that such an offence is being committed and shall bring those persons and things before a justice having jurisdiction, to be dealt with according to law.

• Marginal note:Disposal of property seized

  (3) Except where otherwise expressly provided by law, a court, judge, justice or provincial court judge before whom anything that is seized under this section is brought may declare that the thing is forfeited, in which case it shall be disposed of or dealt with as the Attorney General may direct if no person shows sufficient cause why it should not be forfeited.

• Marginal note:When declaration or direction may be made

  (4) No declaration or direction shall be made pursuant to subsection (3) in respect of anything seized under this section until

  • (a) it is no longer required as evidence in any proceedings that are instituted pursuant to the seizure; or

  • (b) the expiration of thirty days from the time of seizure where it is not required as evidence in any proceedings.

• Marginal note:Conversion into money

  (5) The Attorney General may, for the purpose of converting anything forfeited under this section into money, deal with it in all respects as if he were the owner thereof.

• Marginal note:Telephones exempt from seizure

  (6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206 or 207 and that is 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.

• Marginal note:Exception

  (7) Subsection (6) does not apply to prohibit the seizure, for use as evidence, of any facility or equipment described in that subsection that is designed or adapted to record a communication.

Obstruction

200 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 30]