Every Canadian Lockpicker should be aware of the law in Canada.
Frankly many people do not know the law, this includes the police and others who should know better.
Locksmiths and locksmith tool vendors are also known to misquote it on purpose, to suit their purposes. These people are very secretive and do not like non locksmiths asking about and for picking tools.
What's this about a pick license ?
Canadian federal law requires anyone in possession of certain locksmith tools to have a license, just like you need a license(s) to own a gun.
However there are a few "grains of sand in the vaseline"
1) Obtaining a Pick License
The Criminal Code of Canada, while applying to all Canadians, delegates the responsibility of providing licenses for picks to the provinces.
Section 353 of the Criminal Code of Canada states
Everyone who sells, offers for sale, purchases or has in his/her 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.
Some provinces have not passed legislation for the issuing of these licenses.
Consequently, this means that you are required to have a license that, you are not able to obtain if you live in some provices.
Alberta does issue these licenses, as do several other provinces.
Common practise is to assume that if you can not get a license, then you are exempt from that section of the law.
2) What tools require a license, and what tools do not.
What is an automobile master key?
Section 353 of the Criminal Code of Canada defines automotive master keys as a key, pick, rocker keys, sully kits, slim jims, lock out kits or other instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles or business and/or residential locks.
http://www.solgen.gov.ab.ca/security_pr ... px?id=2243
Note, while they call it a automobile master key, it includes business and residential locks.
So if my province does not issue a Pick License, I have nothing to worry about, right?
Sorry its not that simple. Even if you do not have to worry about getting a Pick Lincense, there are other laws about being in possession of tools that could be used for commiting a crime.
For example
Assume I am stopped by the police.
They find prybars and hammers in a bag on the front seat of the car. I have them because I have been doing renovations on my new house, ripping up an old wooden floor.
I also choose to move my computer gear and stereo system to the new place, and they are piled in the back seat.
However, someone reported a car just like mine, in the driveway of a house that just got robbed one block away.
The law gives the police the option of considering my tools,
i)tools for doing legitimate work, or
ii) deemed burglary tools.
Its not the tools themselves, but the circumstances under which I have them in my possession.
While I could no doubt sort of the misunderstanding, I might be in for some uncomfortable times.
Likewise with lockpicking gear. If when taking your gear to a meeting at a friends house, and just by bad luck, are in the area of a crime where lockpicks might have been used. You will probably have quite the chat with the police if they stop you and find picks.
In summary
Make sure that you know for certain that your province does not issue pick permits. Alberta is not the only one.
Even if exempt from getting a permit, realise that lockpicking gear can be considered burglary tools depending on the circumstances.
