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Lawyer talks about legalities of lockpicks

PostPosted: Fri Jul 19, 2019 11:24 pm
by pickmonger2

Re: Lawyer talks about legalities of lockpicks

PostPosted: Sat Jul 20, 2019 11:53 pm
by pickmonger2
Canadian law requires a licence for lockpicks.

However some provinces do not licence locksmiths or issue permits. In those provinces you are PROBABLY safe.

I actually registered as a locksmith business and have a Sales Tax Permit to show any Police Officer if I am ever questioned.
This also helps me purchase from Locksmith Suppliers who only deal with the trade.

Section 353 Criminal Code of Canada.

This section being the Criminal Code of Canada applies to all provinces.
(see below for exact wording)

In short it requires any one in possession of lockpicks to be licensed by their provinces Attorney General.

Although the act specifies automobile tools the authorities won't distinguish between tools for cars and tools for opening locks on your front door.

Problems arise in that many provinces have no laws under which the province issues such license. This is normally provided for in legislation where locksmiths are a licensed occupation.

No Ontario Locksmith has either an Ontario issued permit for lockpicks and/or a license to act as a locksmith.

Where this becomes interesting, is when you import picks from the USA, and Canada Customs gets their mitts on your package.

Canada Customs then seems to operate making up their own internal regulations depending on the mood of the inspector.

While most packages seem to enter uninspected I have had my package stopped. In fact it was only books and a videotape. The US shipper had to sign a declaration that it contained no picks, and then re ship it to me.

Criminal Code
Breaking and Entering
Selling, etc., automobile master key
353. (1) Every one who

(a) sells, offers for sale or advertises in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province, or

(b) purchases or has in his possession in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

(1.1) A police officer specially authorized by the chief of the police force to possess an automobile master key is not guilty of an offence under subsection (1) by reason only that the police officer possesses an automobile master key for the purposes of the execution of the police officer's duties.

Terms and conditions of licence
(2) A licence issued by the Attorney General of a province as described in paragraph (1)(a) or (b) may contain such terms and conditions relating to the sale, offering for sale, advertising, purchasing, having in possession or use of an automobile master key as the Attorney General of that province may prescribe.

(2.1) The Attorney General of a province may prescribe fees for the issue or renewal of licences as described in paragraph (1)(a) or (b).

Record to be kept
(3) Every one who sells an automobile master key

(a) shall keep a record of the transaction showing the name and address of the purchaser and particulars of the licence issued to the purchaser as described in paragraph (1)(b); and

(b) shall produce the record for inspection at the request of a peace officer.

Failure to comply with subsection (3)
(4) Every one who fails to comply with subsection (3) is guilty of an offence punishable on summary conviction.

(5) The definitions in this subsection apply in this section.

"automobile master key" « passe-partout d'automobile »
"automobile master key" includes a key, pick, rocker key or other instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles.