Definitions for General Documents, Legal Documents and Financial Instruments

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See also: Criminal Code and Related Definitions


Documents Generally

2.
...
“writing” includes a document of any kind and any mode in which, and any material on which, words or figures, whether at length or abridged, are written, printed or otherwise expressed, or a map or plan is inscribed.
...


CCC

487.011 The following definitions apply in this section and in sections 487.012 to 487.0199.
"computer data" has the same meaning as in subsection 342.1(2).
...


487.011 The following definitions apply in this section and in sections 487.012 to 487.0199.


...
"data" means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device.


321 In this Part,
...
“document” means any paper, parchment or other material on which is recorded or marked anything that is capable of being read or understood by a person, computer system or other device, and includes a credit card...
R.S., 1985, c. C-46, s. 321; R.S., 1985, c. 27 (1st Supp.), s. 42.


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Definitions
487.011 The following definitions apply in this section and in sections 487.012 to 487.0199.
...
"document" means a medium on which data is registered or marked. (document)
...
2004, c. 3, s. 7; 2014, c. 31, s. 20.



321 In this Part,
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"false document" means a document

(a) the whole or a material part of which purports to be made by or on behalf of a person
(i) who did not make it or authorize it to be made, or
(ii) who did not in fact exist,
(b) that is made by or on behalf of the person who purports to make it but is false in some material particular,
(c) that is made in the name of an existing person, by him or under his authority, with a fraudulent intention that it should pass as being made by a person, real or fictitious, other than the person who makes it or under whose authority it is made; (faux document)

...

R.S., 1985, c. C-46, s. 321; R.S., 1985, c. 27 (1st Supp.), s. 42.


CCC

321 In this Part,
...
revenue paper means paper that is used to make stamps, licences or permits or for any purpose connected with the public revenue. (papier de revenu)
...
R.S., 1985, c. C-46, s. 321; R.S., 1985, c. 27 (1st Supp.), s. 42.


CCC

Bank Note

2.
...
“bank-note” includes any negotiable instrument

(a) issued by or on behalf of a person carrying on the business of banking in or out of Canada, and
(b) issued under the authority of Parliament or under the lawful authority of the government of a state other than Canada,

intended to be used as money or as the equivalent of money, immediately on issue or at some time subsequent thereto, and includes bank bills and bank post bills;
...


CCC

The meaning of "bank-note" does not include any types of cheques that are not intended to "fulfil the function of money".[1]

  1. R v Kirkness, 2004 MBCA 175 (CanLII) at paras 8 to 9

Documents of Title

“document of title to goods” includes a bought and sold note, bill of lading, warrant, certificate or order for the delivery or transfer of goods or any other valuable thing, and any other document used in the ordinary course of business as evidence of the possession or control of goods, authorizing or purporting to authorize, by endorsement or by delivery, the person in possession of the document to transfer or receive any goods thereby represented or therein mentioned or referred to;
...
“document of title to lands” includes any writing that is or contains evidence of the title, or any part of the title, to real property or to any interest in real property, and any notarial or registrar’s copy thereof and any duplicate instrument, memorial, certificate or document authorized or required by any law in force in any part of Canada with respect to registration of titles that relates to title to real property or to any interest in real property;
...


CCC


Valuable Security


...
“valuable security” includes

(a) an order, exchequer acquittance or other security that entitles or evidences the title of any person
(i) to a share or interest in a public stock or fund or in any fund of a body corporate, company or society, or
(ii) to a deposit in a financial institution,
(b) any debenture, deed, bond, bill, note, warrant, order or other security for money or for payment of money,
(c) a document of title to lands or goods wherever situated,
(d) a stamp or writing that secures or evidences title to or an interest in a chattel personal, or that evidences delivery of a chattel personal, and
(e) a release, receipt, discharge or other instrument evidencing payment of money;


CCC

4.
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Value of valuable security
(2) For the purposes of this Act, the following rules apply for the purpose of determining the value of a valuable security where value is material:

(a) where the valuable security is one mentioned in paragraph (a) or (b) of the definition “valuable security” in section 2, the value is the value of the share, interest, deposit or unpaid money, as the case may be, that is secured by the valuable security;
(b) where the valuable security is one mentioned in paragraph (c) or (d) of the definition “valuable security” in section 2, the value is the value of the lands, goods, chattel personal or interest in the chattel personal, as the case may be; and
(c) where the valuable security is one mentioned in paragraph (e) of the definition “valuable security” in section 2, the value is the amount of money that has been paid.

...
R.S., 1985, c. C-46, s. 4; R.S., 1985, c. 27 (1st Supp.), s. 3; 1994, c. 44, s. 3; 1997, c. 18, s. 2; 2008, c. 18, s. 1.


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Definitions
321 In this Part,
...
exchequer bill means a bank-note, bond, note, debenture or security that is issued or guaranteed by Her Majesty under the authority of Parliament or the legislature of a province; (bon du Trésor)
exchequer bill paper means paper that is used to manufacture exchequer bills; (papier de bons du Trésor)
...
R.S., 1985, c. C-46, s. 321; R.S., 1985, c. 27 (1st Supp.), s. 42.


Testamentary Instrument and Trustee

“testamentary instrument” includes any will, codicil or other testamentary writing or appointment, during the life of the testator whose testamentary disposition it purports to be and after his death, whether it relates to real or personal property or to both;
...
"trustee" means a person who is declared by any Act to be a trustee or is, by the law of a province, a trustee, and, without restricting the generality of the foregoing, includes a trustee on an express trust created by deed, will or instrument in writing, or by parol; (fiduciaire)
...


Legislative and Court Documents

s. 2
...
“Act” includes

(a) an Act of Parliament,
(b) an Act of the legislature of the former Province of Canada,
(c) an Act of the legislature of a province, and
(d) an Act or ordinance of the legislature of a province, territory or place in force at the time that province, territory or place became a province of Canada;


“count” means a charge in an information or indictment;
...
“indictment” includes

(a) information or a count therein,
(b) a plea, replication or other pleading, and
(c) any record;

...


CCC

Credit Card

321 In this Part,
...
“Credit card” means any card, plate, coupon book or other device issued or otherwise distributed for the purpose of being used

(a) on presentation to obtain, on credit, money, goods, services or any other thing of value, or
(b) in an automated teller machine, a remote service unit or a similar automated banking device to obtain any of the services offered through the machine, unit or device;

...
R.S., 1985, c. C-46, s. 321; R.S., 1985, c. 27 (1st Supp.), s. 42.


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