173. (1) Every one who wilfully does an indecent act

(a) in a public place in the presence of one or more persons, or

(b) in any place, with intent thereby to insult or offend any person,

is guilty of an offence punishable on summary conviction.

(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of fourteen years is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 173; R.S., 1985, c. 19 (3rd Supp.), s. 7.

174. (1) Every one who, without lawful excuse,

(a) is nude in a public place, or

(b) is nude and exposed to public view while on private property, whether or not the property is his own,

is guilty of an offence punishable on summary conviction.

(2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.

(3) No proceedings shall be commenced under this section without the consent of the Attorney General.

R.S., c. C-34, s. 170.

175. (1) Every one who

(a) not being in a dwelling-house, causes a disturbance in or near a public place,

(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,

(ii) by being drunk, or

(iii) by impeding or molesting other persons,

(b) openly exposes or exhibits an indecent exhibition in a public place,

(c) loiters in a public place and in any way obstructs persons who are in that place, or

(d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,

is guilty of an offence punishable on summary conviction.

(2) In the absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph (1)(c) was caused or occurred.

R.S., 1985, c. C-46, s. 175; 1997, c. 18, s. 6.

176. (1) Every one who

(a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent a clergyman or minister from celebrating divine service or performing any other function in connection with his calling, or

(b) knowing that a clergyman or minister is about to perform, is on his way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a)

(i) assaults or offers any violence to him, or

(ii) arrests him on a civil process, or under the pretence of executing a civil process,

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

(2) Every one who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction.

(3) Every one who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 172.

177. Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 173.

178. Every one other than a peace officer engaged in the discharge of his duty who has in his possession in a public place or who deposits, throws or injects or causes to be deposited, thrown or injected in, into or near any place,

(a) an offensive volatile substance that is likely to alarm, inconvenience, discommode or cause discomfort to any person or to cause damage to property, or

(b) a stink or stench bomb or device from which any substance mentioned in paragraph (a) is or is capable of being liberated,

is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 174.

179. (1) Every one commits vagrancy who

(a) supports himself in whole or in part by gaming or crime and has no lawful profession or calling by which to maintain himself; or

(b) having at any time been convicted of an offence under section 151, 152 or 153, subsection 160(3) or 173(2) or section 271, 272 or 273, or of an offence under a provision referred to in paragraph (b) of the definition “serious personal injury offence” in section 687 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read before January 4, 1983, is found loitering in or near a school ground, playground, public park or bathing area.

(2) Every one who commits vagrancy is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 179; R.S., 1985, c. 27 (1st Supp.), s. 22, c. 19 (3rd Supp.), s. 8.

180. (1) Every one who commits a common nuisance and thereby

(a) endangers the lives, safety or health of the public, or

(b) causes physical injury to any person,

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

(2) For the purposes of this section, every one commits a common nuisance who does an unlawful act or fails to discharge a legal duty and thereby

(a) endangers the lives, safety, health, property or comfort of the public; or

(b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada.

R.S., c. C-34, s. 176.

181. Every one who wilfully publishes a statement, tale or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 177.

182. Every one who

(a) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or

(b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not,

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

R.S., c. C-34, s. 178.

183. In this Part,

“authorization” means an authorization to intercept a private communication given under section 186 or subsection 184.2(3), 184.3(6) or 188(2);

“electro-magnetic, acoustic, mechanical or other device” means any device or apparatus that is used or is capable of being used to intercept a private communication, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing;

“intercept” includes listen to, record or acquire a communication or acquire the substance, meaning or purport thereof;

“offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to

(a) any of the following provisions of this Act, namely,

(i) section 47 (high treason),

(ii) section 51 (intimidating Parliament or a legislature),

(iii) section 52 (sabotage),

(iv) section 57 (forgery, etc.),

(v) section 61 (sedition),

(vi) section 76 (hijacking),

(vii) section 77 (endangering safety of aircraft or airport),

(viii) section 78 (offensive weapons, etc., on aircraft),

(ix) section 78.1 (offences against maritime navigation or fixed platforms),

(x) section 80 (breach of duty),

(xi) section 81 (using explosives),

(xii) section 82 (possessing explosives),

(xii.1) section 83.02 (providing or collecting property for certain activities),

(xii.2) section 83.03 (providing, making available, etc., property or services for terrorist purposes),

(xii.3) section 83.04 (using or possessing property for terrorist purposes),

(xii.4) section 83.18 (participation in activity of terrorist group),

(xii.5) section 83.19 (facilitating terrorist activity),

(xii.6) section 83.2 (commission of offence for terrorist group),

(xii.7) section 83.21 (instructing to carry out activity for terrorist group),

(xii.8) section 83.22 (instructing to carry out terrorist activity),

(xii.9) section 83.23 (harbouring or concealing),

(xii.91) section 83.231 (hoax — terrorist activity),

(xiii) section 96 (possession of weapon obtained by commission of offence),

(xiv) section 99 (weapons trafficking),

(xv) section 100 (possession for purpose of weapons trafficking),

(xvi) section 102 (making automatic firearm),

(xvii) section 103 (importing or exporting knowing it is unauthorized),

(xviii) section 104 (unauthorized importing or exporting),

(xix) section 119 (bribery, etc.),

(xx) section 120 (bribery, etc.),

(xxi) section 121 (fraud on government),

(xxii) section 122 (breach of trust),

(xxiii) section 123 (municipal corruption),

(xxiv) section 132 (perjury),

(xxv) section 139 (obstructing justice),

(xxvi) section 144 (prison breach),

(xxvii) subsection 145(1) (escape, etc.),

(xxvii.1) section 162 (voyeurism),

(xxviii) paragraph 163(1)(a) (obscene materials),

(xxix) section 163.1 (child pornography),

(xxx) section 184 (unlawful interception),

(xxxi) section 191 (possession of intercepting device),

(xxxii) subsection 201(1) (keeping gaming or betting house),

(xxxiii) paragraph 202(1)(e) (pool-selling, etc.),

(xxxiv) subsection 210(1) (keeping common bawdy house),

(xxxv) subsection 212(1) (procuring),

(xxxvi) subsection 212(2) (procuring),

(xxxvii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years),

(xxxviii) subsection 212(4) (offence — prostitution of person under eighteen),

(xxxix) section 235 (murder),

(xl) section 264.1 (uttering threats),

(xli) section 267 (assault with a weapon or causing bodily harm),

(xlii) section 268 (aggravated assault),

(xliii) section 269 (unlawfully causing bodily harm),

(xliv) section 271 (sexual assault),

(xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

(xlvi) section 273 (aggravated sexual assault),

(xlvii) section 279 (kidnapping),

(xlvii.1) section 279.01 (trafficking in persons),

(xlvii.2) section 279.02 (material benefit),

(xlvii.3) section 279.03 (withholding or destroying documents),

(xlviii) section 279.1 (hostage taking),

(xlix) section 280 (abduction of person under sixteen),

(l) section 281 (abduction of person under fourteen),

(li) section 282 (abduction in contravention of custody order),

(lii) section 283 (abduction),

(liii) section 318 (advocating genocide),

(liv) section 327 (possession of device to obtain telecommunication facility or service),

(lv) section 334 (theft),

(lvi) section 342 (theft, forgery, etc., of credit card),

(lvii) section 342.1 (unauthorized use of computer),

(lviii) section 342.2 (possession of device to obtain computer service),

(lix) section 344 (robbery),

(lx) section 346 (extortion),

(lxi) section 347 (criminal interest rate),

(lxii) section 348 (breaking and entering),

(lxiii) section 354 (possession of property obtained by crime),

(lxiv) section 356 (theft from mail),

(lxv) section 367 (forgery),

(lxvi) section 368 (uttering forged document),

(lxvii) section 372 (false messages),

(lxviii) section 380 (fraud),

(lxix) section 381 (using mails to defraud),

(lxx) section 382 (fraudulent manipulation of stock exchange transactions),

(lxxi) section 423.1 (intimidation of justice system participant or journalist),

(lxxii) section 424 (threat to commit offences against internationally protected person),

(lxxii.1) section 424.1 (threat against United Nations or associated personnel),

(lxxiii) section 426 (secret commissions),

(lxxiv) section 430 (mischief),

(lxxv) section 431 (attack on premises, residence or transport of internationally protected person),

(lxxv.1) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel),

(lxxv.2) subsection 431.2(2) (explosive or other lethal device),

(lxxvi) section 433 (arson),

(lxxvii) section 434 (arson),

(lxxviii) section 434.1 (arson),

(lxxix) section 435 (arson for fraudulent purpose),

(lxxx) section 449 (making counterfeit money),

(lxxxi) section 450 (possession, etc., of counterfeit money),

(lxxxii) section 452 (uttering, etc., counterfeit money),

(lxxxiii) section 462.31 (laundering proceeds of crime),

(lxxxiv) subsection 462.33(11) (acting in contravention of restraint order),

(lxxxv) section 467.11 (participation in criminal organization),

(lxxxvi) section 467.12 (commission of offence for criminal organization), or

(lxxxvii) section 467.13 (instructing commission of offence for criminal organization),

(b) section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act,

(b.1) any of the following provisions of the Biological and Toxin Weapons Convention Implementation Act, namely,

(i) section 6 (production, etc., of biological agents and means of delivery), or

(ii) section 7 (unauthorized production, etc., of biological agents),

(c) any of the following provisions of the Competition Act, namely,

(i) section 45 (conspiracy) in relation to any of the matters referred to in paragraphs 45(4)(a) to (d) of that Act,

(ii) section 47 (bid-rigging), or

(iii) subsection 52.1(3) (deceptive telemarketing),

(d) any of the following provisions of the Controlled Drugs and Substances Act, namely,

(i) section 5 (trafficking),

(ii) section 6 (importing and exporting), or

(iii) section 7 (production),

(e) section 3 (bribing a foreign public official) of the Corruption of Foreign Public Officials Act,

(e.1) the Crimes Against Humanity and War Crimes Act,

(f) either of the following provisions of the Customs Act, namely,

(i) section 153 (false statements), or

(ii) section 159 (smuggling),

(g) any of the following provisions of the Excise Act, 2001, namely,

(i) section 214 (unlawful production, sale, etc., of tobacco or alcohol),

(ii) section 216 (unlawful possession of tobacco product),

(iii) section 218 (unlawful possession, sale, etc., of alcohol),

(iv) section 219 (falsifying or destroying records),

(v) section 230 (possession of property obtained by excise offences), or

(vi) section 231 (laundering proceeds of excise offences),

(h) any of the following provisions of the Export and Import Permits Act, namely,

(i) section 13 (export or attempt to export),

(ii) section 14 (import or attempt to import),

(iii) section 15 (diversion, etc.),

(iv) section 16 (no transfer of permits),

(v) section 17 (false information), or

(vi) section 18 (aiding and abetting),

(i) any of the following provisions of the Immigration and Refugee Protection Act, namely,

(i) section 117 (organizing entry into Canada),

(ii) section 118 (trafficking in persons),

(iii) section 119 (disembarking persons at sea),

(iv) section 122 (offences related to documents),

(v) section 126 (counselling misrepresentation), or

(vi) section 129 (offences relating to officers), or

(j) any offence under the Security of Information Act,

and includes any other offence that there are reasonable grounds to believe is a criminal organization offence or any other offence that there are reasonable grounds to believe is an offence described in paragraph (b) or (c) of the definition “terrorism offence” in section 2;

“private communication” means any oral communication, or any telecommunication, that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it;

“public switched telephone network” means a telecommunication facility the primary purpose of which is to provide a land line-based telephone service to the public for compensation;

“radio-based telephone communication” means any radiocommunication within the meaning of the Radiocommunication Act that is made over apparatus that is used primarily for connection to a public switched telephone network;

“sell” includes offer for sale, expose for sale, have in possession for sale or distribute or advertise for sale;

“solicitor” means, in the Province of Quebec, an advocate or a notary and, in any other province, a barrister or solicitor.

R.S., 1985, c. C-46, s. 183; R.S., 1985, c. 27 (1st Supp.), ss. 7, 23, c. 1 (2nd Supp.), s. 213, c. 1 (4th Supp.), s. 13, c. 29 (4th Supp.), s. 17, c. 42 (4th Supp.), s. 1; 1991, c. 28, s. 12; 1992, c. 27, s. 90; 1993, c. 7, s. 5, c. 25, s. 94, c. 40, s. 1, c. 46, s. 4; 1995, c. 39, s. 140; 1996, c. 19, s. 66; 1997, c. 18, s. 7, c. 23, s. 3; 1998, c. 34, s. 8; 1999, c. 2, s. 47, c. 5, s. 4; 2000, c. 24, s. 43; 2001, c. 32, s. 4, c. 41, ss. 5, 31, 133; 2002, c. 22, s. 409; 2004, c. 15, s. 108; 2005, c. 32, s. 10, c. 43, s. 1.

183.1 Where a private communication is originated by more than one person or is intended by the originator thereof to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient consent for the purposes of any provision of this Part.

1993, c. 40, s. 2.