This point has been discussed and debated on a number of sites. It may be a strange technicality or if things go horribly wrong your worst nightmare.
The Criminal Code of Canada requires any one in possesion of CERTAIN lockpicks to have a license.
Automobile Master Keys to be more specific. However they then defined
these keys to be
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
Many of the common picks could be used to work on motor vehicles.
However only certain provinces have choosen to issue said licenses
(BC, Alberta, Sask).
The law requires a license which most provinces don't issue. ONLY in Canada eh.
Never theless anyone in Canada should be aware of this law and understand how it may or may not impact on them.
I have never heard of anyone being charged under this section but do you want to be the big test case if you run into a police constable in a bad mood.
Here is the text that appears on this license
Alberta Solicitor General
Automobile Master Key License
Company
Purchase and Possess
Name: John Q Public
Employed by: JQ Locksmith Inc.
Date of issue: March 21, 2008
Expires: March 20, 2013
Signed by Deputy Minister of Justice /Deputy Attorney General
This autorizes the person named above to purchase and have in his or her
possesion automobile master keys as defined by Section 151 (353 in revised code) the Criminal Code of Canada.
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.
Exception
(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.
Fees
(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.
Definitions
(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.
“licence”
« licence »
“licence” includes any authorization.
R.S., 1985, c. C-46, s. 353; 1997, c. 18, s. 22.
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