Criminal Code (R.S.C., 1985, c. C-46)

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]

Marginal note:Warrant of seizure — material on computer system

• 164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that material, consisting of illicit material or of computer data that makes illicit material available, is stored on and made available through a computer system that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

  • (a) give an electronic copy of the material to the court;

  • (b) ensure that the material is no longer stored on and made available through the computer system; and

  • (c) provide the information necessary to identify and locate the person who posted the material.

• Marginal note:Notice to person who posted the material

  (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court, and show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the custodian of the computer system to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

• Marginal note:Person who posted the material may appear

  (3) The person who posted the material may appear and be represented in the proceedings in order to oppose the making of an order under subsection (5).

• Marginal note:Non-appearance

  (4) If the person who posted the material does not appear for the proceedings, the court may proceed ex parte to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

• Marginal note:Order

  (5) If the court is satisfied, on a balance of probabilities, that the material is illicit material or computer data that makes illicit material available, it may order the custodian of the computer system to delete the material.

• Marginal note:Order — intimate image

  (5.1) If the illicit material is an intimate image, as defined in subsection 162.1(2), in relation to which an offence was committed under section 162.1, the court must order the custodian of the computer system to delete the material within 48 hours after the order is made.

• Marginal note:Destruction of copy

  (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession.

• Marginal note:Return of material

  (7) If the court is not satisfied that the material is illicit material or computer data that makes illicit material available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order made under paragraph (1)(b).

• Marginal note:Other provisions to apply

  (8) Subsections 164(6) and (7) apply, with any modifications that the circumstances require, to this section.

• Marginal note:When order takes effect

  (9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired.

• Marginal note:Definitions

  (10) In this section, computer data and computer system have the same meanings as in subsection 342.1(2) and court, illicit material and judge have the same meanings as in subsection 164(8).

Marginal note:Forfeiture after conviction

• 164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 162.1, 163.1, 172.1 or 172.2, in addition to any other punishment that it may impose, may order that anything — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing

  • (a) was used in the commission of the offence; and

  • (b) is the property of

    • (i) the convicted person or another person who was a party to the offence, or

    • (ii) a person who acquired the thing from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that it was transferred for the purpose of avoiding forfeiture.

• Marginal note:Third party rights

  (2) Before making an order under subsection (1), the court shall cause notice to be given to, and may hear, any person whom it considers to have an interest in the thing, and may declare the nature and extent of the person’s interest in it.

• Marginal note:Right of appeal — third party

  (3) A person who was heard in response to a notice given under subsection (2) may appeal to the court of appeal against an order made under subsection (1).

• Marginal note:Right of appeal — Attorney General

  (4) The Attorney General may appeal to the court of appeal against the refusal of a court to make an order under subsection (1).

• Marginal note:Application of Part XXI

  (5) Part XXI applies, with any modifications that the circumstances require, with respect to the procedure for an appeal under subsections (3) and (4).

Marginal note:Relief from forfeiture

• 164.3 (1) Within thirty days after an order under subsection 164.2(1) is made, a person who claims an interest in the thing forfeited may apply in writing to a judge for an order under subsection (4).

• Marginal note:Hearing of application

  (2) The judge shall fix a day — not less than thirty days after the application is made — for its hearing.

• Marginal note:Notice to Attorney General

  (3) At least fifteen days before the hearing, the applicant shall cause notice of the application and of the hearing day to be served on the Attorney General.

• Marginal note:Order

  (4) The judge may make an order declaring that the applicant’s interest in the thing is not affected by the forfeiture and declaring the nature and extent of the interest if the judge is satisfied that the applicant

  • (a) was not a party to the offence; and

  • (b) did not acquire the thing from a person who was a party to the offence under circumstances that give rise to a reasonable inference that it was transferred for the purpose of avoiding forfeiture.

• Marginal note:Appeal to court of appeal

  (5) A person referred to in subsection (4) or the Attorney General may appeal to the court of appeal against an order made under that subsection. Part XXI applies, with any modifications that the circumstances require, with respect to the procedure for an appeal under this subsection.

• Marginal note:Powers of Attorney General

  (6) On application by a person who obtained an order under subsection (4), made after the expiration of the time allowed for an appeal against the order and, if an appeal is taken, after it has been finally disposed of, the Attorney General shall direct that

  • (a) the thing be returned to the person; or

  • (b) an amount equal to the value of the extent of the person’s interest, as declared in the order, be paid to the person.

165 [Repealed, 2018, c. 29, s. 13]

166 [Repealed, 1994, c. 44, s. 9]

Marginal note:Immoral theatrical performance

• 167 (1) Every one commits an offence who, being the lessee, manager, agent or person in charge of a theatre, presents or gives or allows to be presented or given therein an immoral, indecent or obscene performance, entertainment or representation.

• Marginal note:Person taking part

  (2) Every one commits an offence who takes part or appears as an actor, a performer or an assistant in any capacity, in an immoral, indecent or obscene performance, entertainment or representation in a theatre.