Legalities of lockpicking in British Columbia, Canada (UPDATED)

There is some confusion as to whether a pick license is required for hobby picking in British Columbia, Canada. Fortunately, Val Polyakh inquired of the Compliance and Enforcement folks and posted their clarification on the Lockpicking 101 forums.

I contacted them myself to confirm, which they did. They gave me permission to repost their response, which you may read below.

Please note that Mr. Hitchcock is no longer with Compliance and Enforcement. As such, I have removed his contact information and replaced it with the Security Programs Division's. 

On March 20, 2017, I received e-mail confirmation that "There have been no changes to the laws surrounding lock picks since the communication from Stephen Hitchcock in 2012."

I suspect (though I do not know this to be fact) that the intent of the BC law is to permit hobbyists and licensed (bonded, insured, and background-checked) locksmiths to pick, while preventing sketchy fly-by-nights from starting up shop.

In response to your inquiry, you do not require a security worker license for the purpose of possession of lock picking tools. A security worker license is required for anyone operating or employed as a locksmith.

In Canada, possession of lock picking tools, with the exception of key duplication tools, is legal. Lock pick tools fit in the same category as crowbars or hammers, meaning they are legal to possess and use unless they are used to commit a crime or if it is shown there was "intention to commit a crime" in which case "Possession of tools with the intention of committing a crime" applies - which carries a maximum penalty of 10 years in jail. See Part VIII - Section 351. Some provinces require a license to carry lock picks.

Please be advised section 351 of the Criminal Code states:

351. (1) Every one who, without lawful excuse, the proof of which lies on him, has in his possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for any such purpose, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

In British Columbia, the Security Services Act section 25 (4) states:

(4) A person, other than an authorized person or an owner of a locking device, must not possess any instrument designed or adapted to open or bypass a locking device without using the key or combination unique to that locking device, including any of the following:

(a) a key;
(b) a pick;
(c) a rocker key;
(d) a vibrating pick tool.

As such, you do not require a security license to own lock pick tools as long as you are only opening your own locks and not offering any service to others.

Regards

Security Programs DivisionMinistry of Public Safety and Solicitor GeneralToll Free: 1-855-587-0185, Option 1Fax: 250-387-4454