Selling, etc., automobile master key
353 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction 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.
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 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. (passe-partout d’automobile)
licence includes any authorization. (licence)
Annotations | French
- Section 353
- The term “motor vehicle” is defined in s 2.
- The term “possession” is defined in s 4(3).
- A coat hanger folded in a way that it can be used to unlock a vehicle is not a master key despite the fact that it appears to meet the definition of an “instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles.” This term only refers to an item the sale or possession of which requires a licence (R v Young, (1983) 3 CCC (3d) 395 (ONCA) at paras 10-12) .