Full Text:Volume 1.1J

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Contents

MISCELLANEOUS OFFENCES

Piracy and Offences Against Air and Marine Safety

Legislation

Piracy by law of nations

74. (1) Every one commits piracy who does any act that, by the law of nations, is piracy.

Punishment

(2) Every one who commits piracy while in or out of Canada is guilty of an indictable offence and liable to imprisonment for life.
R.S., c. C-34, s. 75; 1974-75-76, c. 105, s. 3.

CCC

Piratical acts

75. Every one who, while in or out of Canada,

(a) steals a Canadian ship,
(b) steals or without lawful authority throws overboard, damages or destroys anything that is part of the cargo, supplies or fittings in a Canadian ship,
(c) does or attempts to do a mutinous act on a Canadian ship, or
(d) counsels a person to do anything mentioned in paragraph (a), (b) or (c),

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., 1985, c. C-46, s. 75; R.S., 1985, c. 27 (1st Supp.), s. 7.

CCC

Offences against Air or Maritime Safety
Hijacking

76. Every one who, unlawfully, by force or threat thereof, or by any other form of intimidation, seizes or exercises control of an aircraft with intent

(a) to cause any person on board the aircraft to be confined or imprisoned against his will,
(b) to cause any person on board the aircraft to be transported against his will to any place other than the next scheduled place of landing of the aircraft,
(c) to hold any person on board the aircraft for ransom or to service against his will, or
(d) to cause the aircraft to deviate in a material respect from its flight plan,

is guilty of an indictable offence and liable to imprisonment for life.

1972, c. 13, s. 6.

CCC

Endangering safety of aircraft or airport

77. Every one who

(a) on board an aircraft in flight, commits an act of violence against a person that is likely to endanger the safety of the aircraft,
(b) using a weapon, commits an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious injury or death and that endangers or is likely to endanger safety at the airport,
(c) causes damage to an aircraft in service that renders the aircraft incapable of flight or that is likely to endanger the safety of the aircraft in flight,
(d) places or causes to be placed on board an aircraft in service anything that is likely to cause damage to the aircraft, that will render it incapable of flight or that is likely to endanger the safety of the aircraft in flight,
(e) causes damage to or interferes with the operation of any air navigation facility where the damage or interference is likely to endanger the safety of an aircraft in flight,
(f) using a weapon, substance or device, destroys or causes serious damage to the facilities of an airport serving international civil aviation or to any aircraft not in service located there, or causes disruption of services of the airport, that endangers or is likely to endanger safety at the airport, or
(g) endangers the safety of an aircraft in flight by communicating to any other person any information that the person knows to be false,

is guilty of an indictable offence and liable to imprisonment for life.

R.S., 1985, c. C-46, s. 77; 1993, c. 7, s. 3.

CCC

Offensive weapons and explosive substances

78. (1) Every one, other than a peace officer engaged in the execution of his duty, who takes on board a civil aircraft an offensive weapon or any explosive substance

(a) without the consent of the owner or operator of the aircraft or of a person duly authorized by either of them to consent thereto, or
(b) with the consent referred to in paragraph (a) but without complying with all terms and conditions on which the consent was given,

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

Definition of “civil aircraft”

(2) For the purposes of this section, “civil aircraft” means all aircraft other than aircraft operated by the Canadian Forces, a police force in Canada or persons engaged in the administration or enforcement of the Customs Act, the Excise Act or the Excise Act, 2001.

R.S., 1985, c. C-46, s. 78; R.S., 1985, c. 1 (2nd Supp.), s. 213; 2002, c. 22, s. 325.

CCC

Seizing control of ship or fixed platform

78.1 (1) Every one who seizes or exercises control over a ship or fixed platform by force or threat of force or by any other form of intimidation is guilty of an indictable offence and liable to imprisonment for life.

Endangering safety of ship or fixed platform

(2) Every one who

(a) commits an act of violence against a person on board a ship or fixed platform,
(b) destroys or causes damage to a ship or its cargo or to a fixed platform,
(c) destroys or causes serious damage to or interferes with the operation of any maritime navigational facility, or
(d) places or causes to be placed on board a ship or fixed platform anything that is likely to cause damage to the ship or its cargo or to the fixed platform,

where that act is likely to endanger the safe navigation of a ship or the safety of a fixed platform, is guilty of an indictable offence and liable to imprisonment for life.

False communication

(3) Every one who communicates information that endangers the safe navigation of a ship, knowing the information to be false, is guilty of an indictable offence and liable to imprisonment for life.

Threats causing death or injury

(4) Every one who threatens to commit an offence under paragraph (2)(a), (b) or (c) in order to compel a person to do or refrain from doing any act, where the threat is likely to endanger the safe navigation of a ship or the safety of a fixed platform, is guilty of an indictable offence and liable to imprisonment for life.

Definitions

(5) In this section,
...
“fixed platform” means an artificial island or a marine installation or structure that is permanently attached to the seabed for the purpose of exploration or exploitation of resources or for other economic purposes;


...
“ship” means every description of vessel not permanently attached to the seabed, other than a warship, a ship being used as a naval auxiliary or for customs or police purposes or a ship that has been withdrawn from navigation or is laid up.

1993, c. 7, s. 4.

CCC

Miscellaneous Administration of Justice Offences

Selling etc. Tobacco Products

Selling, etc., of tobacco products and raw leaf tobacco

121.1 (1) No person shall sell, offer for sale, transport, deliver, distribute or have in their possession for the purpose of sale a tobacco product, or raw leaf tobacco that is not packaged, unless it is stamped. The terms tobacco product, raw leaf tobacco, packaged and stamped have the same meanings as in section 2 of the Excise Act, 2001.

Exceptions — subsections 30(2) and 32(2) and (3) of Excise Act, 2001

(2) Subsection (1) does not apply in any of the circumstances described in any of subsections 30(2) and 32(2) and (3) of the Excise Act, 2001.

Exception — section 31 of Excise Act, 2001

(3) A tobacco grower does not contravene subsection (1) by reason only that they have in their possession raw leaf tobacco described in paragraph 31(a), (b) or (c) of the Excise Act, 2001.

Punishment

(4) Every person who contravenes subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years and, if the amount of tobacco product is 10,000 cigarettes or more or 10 kg or more of any other tobacco product, or the amount of raw leaf tobacco is 10 kg or more,
(i) in the case of a second offence, to a minimum punishment of imprisonment for a term of 90 days,
(ii) in the case of a third offence, to a minimum punishment of imprisonment for a term of 180 days, and
(iii) in the case of a fourth or subsequent offence, to a minimum punishment of imprisonment for a term of two years less a day; or
(b) is guilty of an offence punishable on summary conviction.
Subsequent offences

(5) For the purpose of determining whether a convicted person has committed a second or subsequent offence, an offence under this section for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings.

2014, c. 23, s. 3; 2019, c. 25, s. 34.

CCC

Municipal Corruption

Corruption and Disobedience

Municipal corruption

123 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official

(a) to abstain from voting at a meeting of the municipal council or a committee of the council;
(b) to vote in favour of or against a measure, motion or resolution;
(c) to aid in procuring or preventing the adoption of a measure, motion or resolution; or
(d) to perform or fail to perform an official act.
Influencing municipal official

(2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by

(a) suppression of the truth, in the case of a person who is under a duty to disclose the truth;
(b) threats or deceit; or
(c) any unlawful means.
Definition of municipal official

(3) In this section, municipal official means a member of a municipal council or a person who holds an office under a municipal government.

R.S., 1985, c. C-46, s. 123; R.S., 1985, c. 27 (1st Supp.), s. 16; 2007, c. 13, s. 6; 2019, c. 25, s. 36.

CCC

Selling or Purchasing Public Office

Selling or purchasing office

124 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

(a) purports to sell or agrees to sell an appointment to or a resignation from an office, or a consent to any such appointment or resignation, or receives or agrees to receive a reward or profit from the purported sale thereof, or
(b) purports to purchase or gives a reward or profit for the purported purchase of any such appointment, resignation or consent, or agrees or promises to do so.

R.S., 1985, c. C-46, s. 124; 2019, c. 25, s. 37.

CCC

Influencing or negotiating appointments or dealing in offices

125 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

(a) receives, agrees to receive, gives or procures to be given, directly or indirectly, a reward, advantage or benefit of any kind as consideration for cooperation, assistance or exercise of influence to secure the appointment of any person to an office,
(b) solicits, recommends or negotiates in any manner with respect to an appointment to or resignation from an office, in expectation of a direct or indirect reward, advantage or benefit, or
(c) keeps without lawful authority a place for transacting or negotiating any business relating to
(i) the filling of vacancies in offices,
(ii) the sale or purchase of offices, or
(iii) appointments to or resignations from offices.

R.S., 1985, c. C-46, s. 125; 2018, c. 29, s. 7; 2019, c. 25, s. 38.

CCC

Disobeying a Statute or Court Order

Disobeying a statute

126 (1) Every person who, without lawful excuse, contravenes an Act of Parliament by intentionally doing anything that it forbids or by intentionally omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
Attorney General of Canada may act

(2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government.

R.S., 1985, c. C-46, s. 126; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 2019, c. 25, s. 39

CCC

Disobeying order of court

127. (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Attorney General of Canada may act

(2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner.

R.S., 1985, c. C-46, s. 127; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 2005, c. 32, s. 1.

CCC

Misconduct in Executing Process

Misconduct of officers executing process

128 Every peace officer or coroner 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, being entrusted with the execution of a process, intentionally

(a) misconducts himself in the execution of the process, or
(b) makes a false return to the process.

R.S., 1985, c. C-46, s. 128; 2019, c. 25, s. 40

CCC

False Affidavit

Offences relating to affidavits

138 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) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration,
(b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or
(c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared.

R.S., 1985, c. C-46, s. 138 2019, c. 25, s. 42.

CCC

Hiding an Offence

Compounding indictable offence

141 (1) Every person who asks for or obtains or agrees to receive or obtain any valuable consideration for themselves or any other person by agreeing to compound or conceal an indictable offence is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
Exception for diversion agreements

(2) No offence is committed under subsection (1) where valuable consideration is received or obtained or is to be received or obtained under an agreement for compensation or restitution or personal services that is

(a) entered into with the consent of the Attorney General; or
(b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings.

R.S., 1985, c. C-46, s. 141; R.S., 1985, c. 27 (1st Supp.), s. 19; 2019, c. 25, s. 44.

CCC

Corruptly taking reward for recovery of goods

142 Every person who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 142; 2019, c. 25, s. 45.

CCC

Participating in Escape

Permitting or assisting escape

146 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) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty,
(b) conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or
(c) directs or procures, under colour of pretended authority, the discharge of a prisoner who is not entitled to be discharged.

R.S., 1985, c. C-46, s. 1462019, c. 25, s. 48.

CCC

Rescue or permitting escape

147 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

(a) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody,
(b) being a peace officer, wilfully permits a person in his lawful custody to escape, or
(c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein.

R.S., 1985, c. C-46, s. 147; 2019, c. 25, s. 49.

CCC

Assisting prisoner of war to escape

148 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who knowingly

(a) assists a prisoner of war in Canada to escape from a place where he is detained, or
(b) assists a prisoner of war, who is permitted to be at large on parole in Canada, to escape from the place where he is at large on parole.

R.S., 1985, c. C-46, s. 148; 2019, c. 25, s. 50.

CCC

Service of term for escape

149. (1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years.

Definition of “escape”

(2) In this section, “escape” means breaking prison, escaping from lawful custody or, without lawful excuse, being at large before the expiration of a term of imprisonment to which a person has been sentenced.

R.S., 1985, c. C-46, s. 149; R.S., 1985, c. 27 (1st Supp.), s. 203; 1992, c. 20, s. 199; 1995, c. 22, s. 1.

CCC

Disclosure of Jury Proceedings

Disclosure of jury proceedings

649 Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who, except for the purposes of

(a) an investigation of an alleged offence under subsection 139(2) in relation to a juror, or
(b) giving evidence in criminal proceedings in relation to such an offence,

discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 649; 1998, c. 9, s. 7.

CCC

See Also

Miscellaneous Currency Offences

Having Clippings

Having clippings, etc.

451 Every person who, without lawful justification or excuse, has in their custody or possession gold or silver filings, clippings or bullion or gold or silver in dust, solution or otherwise, produced or obtained by impairing, diminishing or lightening a current gold or silver coin, knowing that it has been so produced or obtained, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 451; 2018, c. 29, s. 56; 2019, c. 25, s. 175.

CCC

Uttering Coins

Uttering coin

453 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, with intent to defraud, knowingly utters

(a) a coin that is not current, or
(b) a piece of metal or mixed metals that resembles in size, figure or colour a current coin for which it is uttered.

R.S., 1985, c. C-46, s. 453; 2019, c. 25, s. 176.

CCC

Slugs and Tokens

Slugs and tokens

454 Every person is guilty of an offence punishable on summary conviction who, without lawful excuse, manufactures, produces, sells or has in their possession anything that is intended to be fraudulently used in substitution for a coin or token of value that any coin or token-operated device is designed to receive.

R.S., 1985, c. C-46, s. 454; 2018, c. 29, s. 58.

CCC

Defacing Coins

Defacing or Impairing
Clipping and uttering clipped coin

455. Every one who

(a) impairs, diminishes or lightens a current gold or silver coin with intent that it should pass for a current gold or silver coin, or
(b) utters a coin knowing that it has been impaired, diminished or lightened contrary to paragraph (a),

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

R.S., c. C-34, s. 413.

Defacing current coins

456. Every one who

(a) defaces a current coin, or
(b) utters a current coin that has been defaced,

is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 414.

CCC

Likeness of Bank Notes

Likeness of bank-notes

457. (1) No person shall make, publish, print, execute, issue, distribute or circulate, including by electronic or computer-assisted means, anything in the likeness of

(a) a current bank-note; or
(b) an obligation or a security of a government or bank.
Exception

(2) Subsection (1) does not apply to

(a) the Bank of Canada or its employees when they are carrying out their duties;
(b) the Royal Canadian Mounted Police or its members or employees when they are carrying out their duties; or
(c) any person acting under a contract or licence from the Bank of Canada or Royal Canadian Mounted Police.
Offence

(3) A person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

Defence

(4) No person shall be convicted of an offence under subsection (3) in relation to the printed likeness of a Canadian bank-note if it is established that the length or width of the likeness is less than three-fourths or greater than one-and-one-half times the length or width, as the case may be, of the bank-note and

(a) the likeness is in black-and-white only; or
(b) the likeness of the bank-note appears on only one side of the likeness.

R.S., 1985, c. C-46, s. 457; 1999, c. 5, s. 12.

CCC

Instruments for Counterfeiting

Instruments or Materials
Making, having or dealing in instruments for counterfeiting

458 Every person who, without lawful justification or excuse, makes, repairs, buys, sells or has in their custody or possession any machine, engine, tool, instrument, material or other thing that they know has been used or is adapted and intended for use in making counterfeit money or counterfeit tokens of value, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

R.S., 1985, c. C-46, s. 458; 2018, c. 29, s. 59.

CCC

Conveying instruments for coining out of mint

459 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse, knowingly conveys out of any of Her Majesty’s mints in Canada,

(a) any machine, engine, tool, instrument, material or thing used or employed in connection with the manufacture of coins,
(b) a useful part of anything mentioned in paragraph (a), or
(c) coin, bullion, metal or a mixture of metals.

R.S., 1985, c. C-46, s. 459; 2018, c. 29, s. 60.

CCC

Trafficking in Counterfeit

Advertising and Trafficking in Counterfeit Money or Counterfeit Tokens of Value
Advertising and dealing in counterfeit money, etc.

460 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

(a) by an advertisement or any other writing, offers to sell, procure or dispose of counterfeit money or counterfeit tokens of value or to give information with respect to the manner in which or the means by which counterfeit money or counterfeit tokens of value may be sold, procured or disposed of, or
(b) purchases, obtains, negotiates or otherwise deals with counterfeit tokens of value, or offers to negotiate with a view to purchasing or obtaining them.
Fraudulent use of money genuine but valueless

(2) No person shall be convicted of an offence under subsection (1) in respect of genuine coin or genuine paper money that has no value as money unless, at the time when the offence is alleged to have been committed, he knew that the coin or paper money had no value as money and he had a fraudulent intent in his dealings with or with respect to the coin or paper money.

R.S., 1985, c. C-46, s. 460; 2019, c. 25, s. 177.

CCC


Forfeiture
Ownership

462. (1) Counterfeit money, counterfeit tokens of value and anything that is used or is intended to be used to make counterfeit money or counterfeit tokens of value belong to Her Majesty.

Seizure

(2) A peace officer may seize and detain

(a) counterfeit money,
(b) counterfeit tokens of value, and
(c) machines, engines, tools, instruments, materials or things that have been used or that have been adapted and are intended for use in making counterfeit money or counterfeit tokens of value,

and anything seized shall be sent to the Minister of Finance to be disposed of or dealt with as he may direct, but anything that is required as evidence in any proceedings shall not be sent to the Minister until it is no longer required in those proceedings.

R.S., c. C-34, s. 420.

CCC

Definitions Relating to Currency Offences

PART XII Offences Relating to Currency
Interpretation
Definitions

448 In this Part,

counterfeit money includes

(a) a false coin or false paper money that resembles or is apparently intended to resemble or pass for a current coin or current paper money,
(b) a forged bank-note or forged blank bank-note, whether complete or incomplete,
(c) a genuine coin or genuine paper money that is prepared or altered to resemble or pass for a current coin or current paper money of a higher denomination,
(d) a current coin from which the milling is removed by filing or cutting the edges and on which new milling is made to restore its appearance,
(e) a coin cased with gold, silver or nickel, as the case may be, that is intended to resemble or pass for a current gold, silver or nickel coin, and
(f) a coin or a piece of metal or mixed metals that is washed or coloured by any means with a wash or material capable of producing the appearance of gold, silver or nickel and that is intended to resemble or pass for a current gold, silver or nickel coin; (monnaie contrefaite)

counterfeit token of value means a counterfeit excise stamp, postage stamp or other evidence of value, by whatever technical, trivial or deceptive designation it may be described, and includes genuine coin or paper money that has no value as money; (symbole de valeur contrefait)

current means lawfully current in Canada or elsewhere by virtue of a law, proclamation or regulation in force in Canada or elsewhere as the case may be; (courant)

utter includes sell, pay, tender and put off. (mettre en circulation) R.S., c. C-34, s. 406.

CCC

See Also

Miscellaneous Firearms Offences

Possession of weapon obtained by commission of offence

Possession of weapon obtained by commission of offence

96. (1) Subject to subsection (3) [possession of weapon obtained by commission of offence – exception], every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person knows was obtained by the commission in Canada of an offence or by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence.

Punishment

(2) Every person who commits an offence under subsection (1) [possession of weapon obtained by commission of offence – offence]

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction.
Exception

(3) Subsection (1) [possession of weapon obtained by commission of offence – offence] does not apply to a person who comes into possession of anything referred to in that subsection by the operation of law and who lawfully disposes of it within a reasonable period after acquiring possession of it.

R.S., 1985, c. C-46, s. 96; 1995, c. 39, s. 139; 2019, c. 25, s. 26.

CCC

Constitutionality

The mandatory minimum associated with s. 96(2)(a) was found in violation of s. 12 of the Charter for being grossly disproportionate.[1]

  1. R v Robertson, 2020 BCCA 65 (CanLII), per Frankel JA

Breaking and entering to steal firearm

Breaking and entering to steal firearm

98. (1) Every person commits an offence who

(a) breaks and enters a place with intent to steal a firearm located in it;
(b) breaks and enters a place and steals a firearm located in it; or
(c) breaks out of a place after
(i) stealing a firearm located in it, or
(ii) entering the place with intent to steal a firearm located in it.
Definitions of “break” and “place”

(2) In this section, “break” has the same meaning as in section 321 [offences against rights of property – definitions], and “place” means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

Entrance

(3) For the purposes of this section,

(a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and
(b) a person is deemed to have broken and entered if he or she
(i) obtained entrance by a threat or an artifice or by collusion with a person within, or
(ii) entered without lawful justification or excuse by a permanent or temporary opening.
Punishment

(4) Every person who commits an offence under subsection (1) [breaking and entering to steal firearm] is guilty of an indictable offence and liable to imprisonment for life.
R.S., 1985, c. C-46, s. 98; R.S., 1985, c. 27 (1st Supp.), s. 13; 1991, c. 40, s. 11; 1995, c. 39, s. 139; 2008, c. 6, s. 9.
[annotation(s) added]

CCC

Robbery to steal firearm

Robbery to steal firearm

98.1 Every person who commits a robbery within the meaning of section 343 with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.
2008, c. 6, s. 9.

CCC


Making an Automatic Weapon

Assembling Offence
Making automatic firearm

102 (1) Every person commits an offence who, without lawful excuse, alters a firearm so that it is capable of, or manufactures or assembles any firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 102 R.S., 1985, c. 27 (1st Supp.), s. 203 1991, c. 28, s. 9, c. 40, s. 14; 1995, c. 39, s. 139; 2019, c. 25, s. 27.

CCC

Exporting and Importing Firearms

Export and Import Offences
Importing or exporting knowing it is unauthorized

103 (1) Every person commits an offence who imports or exports

(a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or
(b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

Punishment — firearm

(2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

(a) in the case of a first offence, three years; and
(b) in the case of a second or subsequent offence, five years.
Punishment — other cases

(2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.

(3) [Repealed, 2019, c. 25, s. 28]

R.S., 1985, c. C-46, s. 103; 1991, c. 40, s. 15; 1995, c. 39, s. 139; 2008, c. 6, s. 12; 2015, c. 27, s. 26; 2019, c. 25, s. 28.

CCC

Unauthorized importing or exporting

104 (1) Every person commits an offence who imports or exports

(a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or
(b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.

(3) [Repealed, 2019, c. 25, s. 29]

R.S., 1985, c. C-46, s. 104; 1991, c. 40, s. 16; 1995, c. 39, s. 139; 2015, c. 27, s. 27; 2019, c. 25, s. 29.

CCC

Offences relating to Lost, Destroyed or Defaced Weapons, etc.

Offences relating to Lost, Destroyed or Defaced Weapons, etc.


Losing or finding

105. (1) Every person commits an offence who

(a) having lost a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or
(b) on finding a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer.
Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 105; 1991, c. 28, s. 10, c. 40, ss. 18, 39; 1994, c. 44, s. 7; 1995, c. 39, s. 139.

CCC

Destroying

106. (1) Every person commits an offence who

(a) after destroying any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or
(b) on becoming aware of the destruction of any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person’s possession before its destruction,

does not with reasonable despatch report the destruction to a peace officer, firearms officer or chief firearms officer.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 106; R.S., 1985, c. 27 (1st Supp.), s. 203; 1991, c. 40, s. 19; 1995, c. 22, s. 10, c. 39, s. 139; 2012, c. 6, s. 6.

CCC

False statements

107. (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Definition of “report” or “statement”

(3) In this section, “report” or “statement” means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not.

R.S., 1985, c. C-46, s. 107; 1991, c. 40, s. 20; 1995, c. 39, s. 139.

CCC

Tampering with serial number

108 (1) Every person commits an offence who, without lawful excuse,

(a) alters, defaces or removes a serial number on a firearm; or
(b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed.
Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Exception

(3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a prohibited firearm or restricted firearm the serial number on which has been altered, defaced or removed, if that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm.

Evidence

(4) In proceedings for an offence under subsection (1), evidence that a person possesses a firearm the serial number on which has been wholly or partially obliterated otherwise than through normal use over time is, in the absence of evidence to the contrary, proof that the person possesses the firearm knowing that the serial number on it has been altered, defaced or removed.
R.S., 1985, c. C-46, s. 108; 1991, c. 40, s. 20; 1995, c. 39, s. 139; 2012, c. 6, s. 7; 2018, c. 29, s. 6.

CCC

Possession contrary to order

Possession contrary to order

117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.

Failure to surrender authorization, etc.

(2) Every person commits an offence who wilfully fails to surrender to a peace officer, a firearms officer or a chief firearms officer any authorization, licence or registration certificate held by the person when the person is required to do so by any order made under this Act or any other Act of Parliament.

Punishment

(3) Every person who commits an offence under subsection (1) or (2)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Exception

(4) Subsection (1) does not apply to a person who possessed a firearm in accordance with an authorization or licence issued to the person as the result of an order made under subsection 113(1).
1995, c. 39, s. 139.

CCC

See Also

Miscellaneous Fraudulent Offences

Fraud by Mail

Using mails to defraud

381 Every person who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 381; 2019, c. 25, s. 137.

CCC

Manipulating Stock Exchange

Fraudulent manipulation of stock exchange transactions

382 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, through the facility of a stock exchange, curb market or other market, with intent to create a false or misleading appearance of active public trading in a security or with intent to create a false or misleading appearance with respect to the market price of a security,

(a) effects a transaction in the security that involves no change in the beneficial ownership thereof,
(b) enters an order for the purchase of the security, knowing that an order of substantially the same size at substantially the same time and at substantially the same price for the sale of the security has been or will be entered by or for the same or different persons, or
(c) enters an order for the sale of the security, knowing that an order of substantially the same size at substantially the same time and at substantially the same price for the purchase of the security has been or will be entered by or for the same or different persons.

R.S., 1985, c. C-46, s. 382; 2004, c. 3, s. 4; 2019, c. 25, s. 138.

CCC

Insider Trading

Prohibited insider trading

382.1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, directly or indirectly, buys or sells a security, knowingly using inside information that they

(a) possess by virtue of being a shareholder of the issuer of that security;
(b) possess by virtue of, or obtained in the course of, their business or professional relationship with that issuer;
(c) possess by virtue of, or obtained in the course of, a proposed takeover or reorganization of, or amalgamation, merger or similar business combination with, that issuer;
(d) possess by virtue of, or obtained in the course of, their employment, office, duties or occupation with that issuer or with a person referred to in paragraphs (a) to (c); or
(e) obtained from a person who possesses or obtained the information in a manner referred to in paragraphs (a) to (d).
Tipping

(2) Except when necessary in the course of business, a person who knowingly conveys inside information that they possess or obtained in a manner referred to in subsection (1) to another person, knowing that there is a risk that the person will use the information to buy or sell, directly or indirectly, a security to which the information relates, or that they may convey the information to another person who may buy or sell such a security, is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
Saving

(3) For greater certainty, an act is not an offence under this section if it is authorized or required, or is not prohibited, by any federal or provincial Act or regulation applicable to it.

Definition of inside information

(4) In this section, inside information means information relating to or affecting the issuer of a security or a security that they have issued, or are about to issue, that

(a) has not been generally disclosed; and
(b) could reasonably be expected to significantly affect the market price or value of a security of the issuer.

2004, c. 3, s. 5; 2019, c. 25, s. 139.

CCC

Gaming in Stock or Mechandise

Gaming in stocks or merchandise

383 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise,

(a) makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the purchase or sale of shares of stock or goods, wares or merchandise, without the bona fide intention of acquiring the shares, goods, wares or merchandise or of selling them, as the case may be, or
(b) makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the sale or purchase of shares of stock or goods, wares or merchandise in respect of which no delivery of the thing sold or purchased is made or received, and without the bona fide intention of making or receiving delivery thereof, as the case may be.

This section does not apply if a broker, on behalf of a purchaser, receives delivery, even if the broker retains or pledges what is delivered as security for the advance of the purchase money or any part of it.

Onus

(2) Where, in proceedings under this section, it is established that the accused made or signed a contract or an agreement for the sale or purchase of shares of stock or goods, wares or merchandise, or acted, aided or abetted in the making or signing thereof, the burden of proof of a bona fide intention to acquire or to sell the shares, goods, wares or merchandise or to deliver or to receive delivery thereof, as the case may be, lies on the accused.

R.S., 1985, c. C-46, s. 383; 2019, c. 25, s. 140

CCC

Broker reducing stock by selling for his own account

Broker reducing stock by selling for their own account

384 (1) Every person commits an offence who, being an individual, or a member or employee of a partnership, or a director, officer or employee of a corporation, if they or the partnership or corporation is employed as a broker by any customer to buy and carry on margin any shares of an incorporated or unincorporated company or undertaking, whether in or outside Canada, later sells or causes to be sold shares of the company or undertaking for any account in which they or their firm or a partner of the firm or the corporation or a director of the corporation has a direct or indirect interest, if the effect of the sale is, otherwise than unintentionally, to reduce the amount of those shares in the hands of the broker or under their control in the ordinary course of business below the amount of those shares that the broker should be carrying for all customers.

Punishment

(2) Every person who commits an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 384; 2019, c. 25, s. 141

CCC

Fraudulent Concealment of Title Documents

Fraudulent concealment of title documents

385 (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, being a vendor, mortgagor or hypothecary debtor of property or a chose in action or an incorporeal right or being a lawyer or notary for or agent or mandatary of a vendor, mortgagor or hypothecary debtor of property, a chose in action or incorporeal right, is served with a written demand for an abstract of title by or on behalf of the purchaser, mortgagee or hypothecary creditor before the completion of the purchase, mortgage or hypothec, and who

(a) with intent to defraud and for the purpose of inducing the purchaser, mortgagee or hypothecary creditor to accept the title offered or produced to them, conceals from them any settlement, deed, will or other instrument or act material to the title, or any encumbrance on the title, or
(b) falsifies any pedigree on which the title depends.
Consent required

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

R.S., 1985, c. C-46, s. 385; 2019, c. 25, s. 142.

CCC

Fraudulent Registation of Title

Fraudulent registration of title

386 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, as principal, agent or mandatary in a proceeding to register title to real property or immovable property, or in a transaction relating to real property or immovable property that is or is proposed to be registered, knowingly and with intent to deceive,

(a) makes a material false statement or representation,
(b) suppresses or conceals from a judge or registrar, or any person employed by or assisting the registrar, any material document, fact, matter or information, or
(c) is privy to anything mentioned in paragraph (a) or (b).

R.S., 1985, c. C-46, s. 386; 2019, c. 25, s. 143

CCC

Fraudulent sale of real property

Fraudulent sale of real property

387 Every person who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, lien or encumbrance of or on real property, fraudulently sells the property or any part of it is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 387; 2019, c. 25, s. 144.

CCC

Misleading receipt

Misleading receipt

388 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 knowingly,

(a) with intent to mislead, injure or defraud any person, whether or not that person is known to him, gives to a person anything in writing that purports to be a receipt for or an acknowledgment of property that has been delivered to or received by him, before the property referred to in the purported receipt or acknowledgment has been delivered to or received by him, or
(b) accepts, transmits or uses a purported receipt or acknowledgment to which paragraph (a) applies.

R.S., 1985, c. C-46, s. 388; 2019, c. 25, s. 145.

CCC

Fraudulent disposal of goods on which money advanced

Fraudulent disposal of goods on which money advanced

389 (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) having shipped or delivered to the keeper of a warehouse or to a factor, an agent or a carrier anything on which the consignee thereof has advanced money or has given valuable security, thereafter, with intent to deceive, defraud or injure the consignee, disposes of it in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, or
(b) knowingly and wilfully aids or assists any person to make a disposition of anything to which paragraph (a) applies for the purpose of deceiving, defrauding or injuring the consignee.
Saving

(2) No person is guilty of an offence under this section where, before disposing of anything in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, he pays or tenders to the consignee the full amount of money or valuable security that the consignee has advanced.

R.S., 1985, c. C-46, s. 389; 2019, c. 25, s. 146.

CCC

Fraudulent Receipts

Fraudulent receipts under Bank Act

390 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) knowingly makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or
(b) knowingly, after either giving to another person or after a person employed by them has, to their knowledge, given to another person, or after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.

R.S., 1985, c. C-46, s. 390; 2019, c. 25, s. 147.

CCC

Disposal of property to defraud creditors

Disposal of property to defraud creditors

392 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) with intent to defraud his creditors,
(i) makes or causes to be made any gift, conveyance, assignment, sale, transfer or delivery of his property, or
(ii) removes, conceals or disposes of any of his property, or
(b) with intent that any one should defraud his creditors, receives any property by means of or in relation to which an offence has been committed under paragraph (a).

R.S., 1985, c. C-46, s. 392; 2019, c. 25, s. 148.

CCC

Fraud in relation to fares

Fraud in relation to fares, etc.

393 (1) Every person whose duty it is to collect a fare, toll, ticket or admission and who intentionally does any of the following 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:

(a) fails to collect it,
(b) collects less than the proper amount payable in respect thereof, or
(c) accepts any valuable consideration for failing to collect it or for collecting less than the proper amount payable in respect thereof.
Idem

(2) 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 gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration

(a) for failing to collect it, or
(b) for collecting an amount less than the amount payable in respect thereof.
Fraudulently obtaining transportation

(3) Every one who, by any false pretence or fraud, unlawfully obtains transportation by land, water or air is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 393; 2019, c. 25, s. 149

CCC

Fraud in relation to valuable minerals

Fraud in relation to valuable minerals

394 (1) No person who is the holder of a lease or licence issued under an Act relating to the mining of valuable minerals, or by the owner of land that is supposed to contain valuable minerals, shall

(a) by a fraudulent device or contrivance, defraud or attempt to defraud any person of
(i) any valuable minerals obtained under or reserved by the lease or licence, or
(ii) any money or valuable interest or thing payable in respect of valuable minerals obtained or rights reserved by the lease or licence; or
(b) fraudulently conceal or make a false statement with respect to the amount of valuable minerals obtained under the lease or licence.
Sale of valuable minerals

(2) No person, other than the owner or the owner’s agent or someone otherwise acting under lawful authority, shall sell any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed.

Purchase of valuable minerals

(3) No person shall buy any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed from anyone who the person has reason to believe is not the owner or the owner’s agent or someone otherwise acting under lawful authority.

Presumption

(4) In any proceeding in relation to subsection (2) or (3), in the absence of evidence raising a reasonable doubt to the contrary, it is presumed that

(a) in the case of a sale, the seller is not the owner of the valuable mineral or the owner’s agent or someone otherwise acting under lawful authority; and
(b) in the case of a purchase, the purchaser, when buying the valuable mineral, had reason to believe that the seller was not the owner of the mineral or the owner’s agent or someone otherwise acting under lawful authority.
Offence

(5) A person who contravenes subsection (1), (2) or (3) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Forfeiture

(6) If a person is convicted of an offence under this section, the court may order anything by means of or in relation to which the offence was committed, on such conviction, to be forfeited to Her Majesty.

Exception

(7) Subsection (6) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this section.

R.S., 1985, c. C-46, s. 394; R.S., 1985, c. 27 (1st Supp.), s. 186; 1999, c. 5, s. 10; 2019, c. 25, s. 150.

CCC

s. 2
...
"valuable mineral" means a mineral of a value of at least $100 per kilogram, and includes precious metals, diamonds and other gemstones and any rock or ore that contains those minerals;

... R.S., 1985, c. C-46, s. 2; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 2, 203, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213, c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.), s. 55, c. 40 (4th Supp.), s. 2; 1990, c. 17, s. 7; 1991, c. 1, s. 28, c. 40, s. 1, c. 43, ss. 1, 9; 1992, c. 20, s. 216, c. 51, s. 32; 1993, c. 28, s. 78, c. 34, s. 59; 1994, c. 44, s. 2; 1995, c. 29, ss. 39, 40, c. 39, s. 138; 1997, c. 23, s. 1; 1998, c. 30, s. 14; 1999, c. 3, s. 25, c. 5, s. 1, c. 25, s. 1(Preamble), c. 28, s. 155; 2000, c. 12, s. 91, c. 25, s. 1(F); 2001, c. 32, s. 1, c. 41, ss. 2, 131; 2002, c. 7, s. 137, c. 22, s. 324; 2003, c. 21, s. 1; 2004, c. 3, s. 1; 2005, c. 10, s. 34, c. 38, s. 58, c. 40, ss. 1, 7; 2006, c. 14, s. 1; 2007, c. 13, s. 1; 2012, c.1, s. 160, c. 19, s. 371; 2013, c. 13, s. 2; 2014, c. 17, s. 1, c. 23, s. 2, c. 25, s. 2; 2015, c. 3, s. 44, c. 13, s. 3, c. 20, s. 15; 2018, c. 21, s. 12; 2019, c. 13, s. 140; 2019, c. 25, s. 1.

CCC

Possession of stolen or fraudulently obtained valuable minerals

Possession of stolen or fraudulently obtained valuable minerals

394.1 (1) No person shall possess any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed that has been stolen or dealt with contrary to section 394.

Evidence

(2) Reasonable grounds to believe that the valuable mineral has been stolen or dealt with contrary to section 394 are, in the absence of evidence raising a reasonable doubt to the contrary, proof that the valuable mineral has been stolen or dealt with contrary to section 394.

Offence

(3) A person who contravenes subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Forfeiture

(4) If a person is convicted of an offence under this section, the court may, on that conviction, order that anything by means of or in relation to which the offence was committed be forfeited to Her Majesty.

Exception

(5) Subsection (4) does not apply to real property, other than real property built or significantly modified for the purpose of facilitating the commission of an offence under subsection (3).

1999, c. 5, s. 10; 2019, c. 25, s. 151.

CCC

Search for valuable minerals

395 (1) If an information in writing is laid under oath before a justice by a peace officer or by a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and the justice is satisfied that there are reasonable grounds to believe that, contrary to this Act or any other Act of Parliament, any valuable mineral is deposited in a place or held by a person, the justice may issue a warrant authorizing a peace officer or a public officer, if the public officer is named in it, to search any of the places or persons mentioned in the information.

Execution in Canada

(1.1) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

Power to seize

(2) Where, on search, anything mentioned in subsection (1) is found, it shall be seized and carried before the justice who shall order

(a) that it be detained for the purposes of an inquiry or a trial; or
(b) if it is not detained for the purposes of an inquiry or a trial,
(i) that it be restored to the owner, or
(ii) that it be forfeited to Her Majesty in right of the province in which the proceedings take place if the owner cannot be ascertained.
Appeal

(3) An appeal lies from an order made under paragraph (2)(b) in the manner in which an appeal lies in summary conviction proceedings under Part XXVII and the provisions of that Part relating to appeals apply to appeals under this subsection.

R.S., 1985, c. C-46, s. 395 1999, c. 5, s. 11; 2019, c. 25, s. 152.

CCC

Offences in relation to mines

Offences in relation to mines

396 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

(a) adds anything to or removes anything from any existing or prospective mine, mining claim or oil well with a fraudulent intent to affect the result of an assay, a test or a valuation that has been made or is to be made with respect to the mine, mining claim or oil well, or
(b) adds anything to, removes anything from or tampers with a sample or material that has been taken or is being or is about to be taken from any existing or prospective mine, mining claim or oil well for the purpose of being assayed, tested or otherwise valued, with a fraudulent intent to affect the result of the assay, test or valuation.
Presumption

(2) For the purposes of proceedings under subsection (1), evidence that

(a) something has been added to or removed from anything to which subsection (1) applies, or
(b) anything to which subsection (1) applies has been tampered with,

is, in the absence of any evidence to the contrary, proof of a fraudulent intent to affect the result of an assay, a test or a valuation.

R.S., 1985, c. C-46, s. 396; 2019, c. 25, s. 153

CCC

Falsification of Books and Documents

Falsification of Books and Documents
Books and documents

397 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud,

(a) destroys, mutilates, alters, falsifies or makes a false entry in a book, paper, writing, valuable security or document, or
(b) omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document.
Privy

(2) Every person who, with intent to defraud their creditors, is privy to the commission of an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 397; 2019, c. 25, s. 154.

CCC

Falsifying employment record

Falsifying employment record

398. Every one who, with intent to deceive, falsifies an employment record by any means, including the punching of a time clock, is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 398; 1992, c. 1, s. 60(F).

CCC

False return by public officer

False return by public officer

399 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of

(a) any sum of money collected by him or entrusted to his care, or
(b) any balance of money in his hands or under his control.

R.S., 1985, c. C-46, s. 399; 2019, c. 25, s. 155

CCC

False prospectus

False prospectus, etc.

400 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that they know is false in a material particular, with intent

(a) to induce persons, whether ascertained or not, to become shareholders or partners in a company,
(b) to deceive or defraud the members, shareholders or creditors, whether ascertained or not, of a company, or
(c) to induce any person to
(i) entrust or advance anything to a company, or
(ii) enter into any security for the benefit of a company.
(d) [Repealed, 1994, c. 44, s. 26]
Definition of company

(2) In this section, company means a syndicate, body corporate or company, whether existing or proposed to be created.

R.S., 1985, c. C-46, s. 400; 1994, c. 44, s. 26; 2019, c. 25, s. 156.

CCC

Falsehood can include material omissions.[1]

  1. R v Colucci, 1965 CanLII 153 (ON CA)

Obtaining carriage by false billing

Obtaining carriage by false billing

401. (1) Every one who, by means of a false or misleading representation, knowingly obtains or attempts to obtain the carriage of anything by any person into a country, province, district or other place, whether or not within Canada, where the importation or transportation of it is, in the circumstances of the case, unlawful is guilty of an offence punishable on summary conviction.

Forfeiture

(2) Where a person is convicted of an offence under subsection (1), anything by means of or in relation to which the offence was committed, on such conviction, in addition to any punishment that is imposed, is forfeited to Her Majesty and shall be disposed of as the court may direct.

R.S., c. C-34, s. 359.

CCC

Ack Instrument in False Name

Acknowledging instrument in false name

405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 405; 2018, c. 29, s. 46; 2019, c. 25, s. 157.

CCC

Forging Trade-marks

Forgery of Trade-marks and Trade Descriptions
Forging trade-mark

406. For the purposes of this Part, every one forges a trade-mark who

(a) without the consent of the proprietor of the trade-mark, makes or reproduces in any manner that trade-mark or a mark so nearly resembling it as to be calculated to deceive; or
(b) falsifies, in any manner, a genuine trade-mark.

R.S., c. C-34, s. 364.

CCC

Offence

407. Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, forges a trade-mark.

R.S., c. C-34, s. 365.

CCC

"Trade-mark" has the same meaning under the Trade Marks Act.[1] A registred trade-mark is presumed valid, but a finding of invalidity will be a defence.[2]

  1. R v Strong Cobb Arner of Canada Ltd., 1974 CanLII 476 (ON CA), per Schroeder JA (3:0)
  2. Strong Cobb, ibid.

Passing off

Passing off

408. Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, (a) passes off other wares or services as and for those ordered or required; or (b) makes use, in association with wares or services, of any description that is false in a material respect regarding (i) the kind, quality, quantity or composition, (ii) the geographical origin, or (iii) the mode of the manufacture, production or performance of those wares or services.

R.S., 1985, c. C-46, s. 408; 1992, c. 1, s. 60(F).

CCC

Instruments for forging trade-mark

409. (1) Every one commits an offence who makes, has in his possession or disposes of a die, block, machine or other instrument designed or intended to be used in forging a trade-mark.

Saving

(2) No person shall be convicted of an offence under this section where he proves that he acted in good faith in the ordinary course of his business or employment.

R.S., c. C-34, s. 367.

CCC

Other Offences in relation to trade-marks

Other offences in relation to trade-marks

410. Every one commits an offence who, with intent to deceive or defraud,

(a) defaces, conceals or removes a trade-mark or the name of another person from anything without the consent of that other person; or
(b) being a manufacturer, dealer, trader or bottler, fills any bottle or siphon that bears the trade-mark or name of another person, without the consent of that other person, with a beverage, milk, by-product of milk or other liquid commodity for the purpose of sale or traffic.

R.S., c. C-34, s. 368.

CCC

Used goods sold without disclosure

Used goods sold without disclosure

411. Every one commits an offence who sells, exposes or has in his possession for sale, or advertises for sale, goods that have been used, reconditioned or remade and that bear the trade-mark or the trade-name of another person, without making full disclosure that the goods have been reconditioned, rebuilt or remade for sale and that they are not then in the condition in which they were originally made or produced.

R.S., c. C-34, s. 369.

CCC

Punishment

412. (1) Every one who commits an offence under section 407, 408, 409, 410 or 411 is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Forfeiture

(2) Anything by means of or in relation to which a person commits an offence under section 407, 408, 409, 410 or 411 is, unless the court otherwise orders, forfeited on the conviction of that person for that offence.

R.S., c. C-34, s. 370.

CCC

Presumption from Port=

Presumption from port of shipment

414. Where, in proceedings under this Part, the alleged offence relates to imported goods, evidence that the goods were shipped to Canada from a place outside Canada is, in the absence of any evidence to the contrary, proof that the goods were made or produced in the country from which they were shipped.

R.S., c. C-34, s. 372.

CCC

Offences in relation to wreck

Offences in relation to wreck

415. Every one who

(a) secretes wreck, defaces or obliterates the marks on wreck or uses any means to disguise or conceal the fact that anything is wreck, or in any manner conceals the character of wreck, from a person who is entitled to inquire into the wreck,
(b) receives wreck, knowing that it is wreck, from a person other than the owner thereof or a receiver of wreck, and does not within forty-eight hours thereafter inform the receiver of wreck thereof,
(c) offers wreck for sale or otherwise deals with it, knowing that it is wreck, and not having a lawful authority to sell or deal with it,
(d) keeps wreck in his possession knowing that it is wreck, without lawful authority to keep it, for any time longer than the time reasonably necessary to deliver it to the receiver of wreck, or
(e) boards, against the will of the master, a vessel that is wrecked, stranded or in distress unless he is a receiver of wreck or a person acting under orders of a receiver of wreck,

is guilty of

(f) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(g) an offence punishable on summary conviction.

R.S., c. C-34, s. 373.

CCC

Public Stores Offences

Distinguishing mark on public stores

416. The Governor in Council may, by notice to be published in the Canada Gazette, prescribe distinguishing marks that are appropriated for use on public stores to denote the property of Her Majesty therein, whether the stores belong to Her Majesty in right of Canada or to Her Majesty in any other right.

R.S., c. C-34, s. 374.

CCC

Applying or removing marks without authority

417 (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) without lawful authority applies a distinguishing mark to anything, or
(b) with intent to conceal the property of Her Majesty in public stores, removes, destroys or obliterates, in whole or in part, a distinguishing mark.
Unlawful transactions in public stores

(2) Every person who, without lawful authority, receives, possesses, keeps, sells or delivers public stores that they know bear a distinguishing mark is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Definition of distinguishing mark

(3) For the purposes of this section, distinguishing mark means a distinguishing mark that is appropriated for use on public stores pursuant to section 416.

R.S., 1985, c. C-46, s. 417; 2018, c. 29, s. 48; 2019, c. 25, s. 158.

CCC

Selling defective stores to Her Majesty

418. (1) Every one who knowingly sells or delivers defective stores to Her Majesty or commits fraud in connection with the sale, lease or delivery of stores to Her Majesty or the manufacture of stores for Her Majesty is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Offences by representatives

(2) Every one who, being a representative of an organization that commits, by fraud, an offence under subsection (1),

(a) knowingly takes part in the fraud, or
(b) knows or has reason to suspect that the fraud is being committed or has been or is about to be committed and does not inform the responsible government, or a department thereof, of Her Majesty,

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

R.S., 1985, c. C-46, s. 418; 2003, c. 21, s. 6.1.

CCC

Unlawful use of military uniforms or certificates

Unlawful use of military uniforms or certificates

419 Every person is guilty of an offence punishable on summary conviction who, without lawful authority,

(a) wears a uniform of the Canadian Forces or any other naval, army or air force or a uniform that is so similar to the uniform of any of those forces that it is likely to be mistaken therefor,
(b) wears a distinctive mark relating to wounds received or service performed in war, or a military medal, ribbon, badge, chevron or any decoration or order that is awarded for war services, or any imitation thereof, or any mark or device or thing that is likely to be mistaken for any such mark, medal, ribbon, badge, chevron, decoration or order,
(c) has in his possession a certificate of discharge, certificate of release, statement of service or identity card from the Canadian Forces or any other naval, army or air force that has not been issued to and does not belong to him, or
(d) has in his possession a commission or warrant or a certificate of discharge, certificate of release, statement of service or identity card, issued to an officer or a person in or who has been in the Canadian Forces or any other naval, army or air force, that contains any alteration that is not verified by the initials of the officer who issued it, or by the initials of an officer thereto lawfully authorized.

R.S., 1985, c. C-46, s. 419; 2018, c. 29, s. 49.

CCC

Military stores

420. (1) Every one who buys, receives or detains from a member of the Canadian Forces or a deserter or an absentee without leave therefrom any military stores that are owned by Her Majesty or for which the member, deserter or absentee without leave is accountable to Her Majesty is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
Exception

(2) No person shall be convicted of an offence under this section where he establishes that he did not know and had no reason to suspect that the military stores in respect of which the offence was committed were owned by Her Majesty or were military stores for which the member, deserter or absentee without leave was accountable to Her Majesty.

R.S., c. C-34, s. 378.

CCC

Evidence of enlistment

421. (1) In proceedings under sections 417 to 420, evidence that a person was at any time performing duties in the Canadian Forces is, in the absence of any evidence to the contrary, proof that his enrolment in the Canadian Forces prior to that time was regular.

Presumption when accused a dealer in stores

(2) An accused who is charged with an offence under subsection 417(2) shall be presumed to have known that the stores in respect of which the offence is alleged to have been committed bore a distinguishing mark within the meaning of that subsection at the time the offence is alleged to have been committed if he was, at that time, in the service or employment of Her Majesty or was a dealer in marine stores or in old metals.

R.S., c. C-34, s. 379.

CCC

Breach of Contract, Intimidation and Discrimination Against Trade Unionists

Criminal breach of contract

422. (1) Every one who wilfully breaks a contract, knowing or having reasonable cause to believe that the probable consequences of doing so, whether alone or in combination with others, will be

(a) to endanger human life,
(b) to cause serious bodily injury,
(c) to expose valuable property, real or personal, to destruction or serious injury,
(d) to deprive the inhabitants of a city or place, or part thereof, wholly or to a great extent, of their supply of light, power, gas or water, or
(e) to delay or prevent the running of any locomotive engine, tender, freight or passenger train or car, on a railway that is a common carrier,

is guilty of

(f) an indictable offence and is liable to imprisonment for a term not exceeding five years, or
(g) an offence punishable on summary conviction.
Saving

(2) No person wilfully breaks a contract within the meaning of subsection (1) by reason only that

(a) being the employee of an employer, he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment, or,
(b) being a member of an organization of employees formed for the purpose of regulating relations between employers and employees, he stops work as a result of the failure of the employer and a bargaining agent acting on behalf of the organization to agree on any matter relating to the employment of members of the organization,

if, before the stoppage of work occurs, all steps provided by law with respect to the settlement of industrial disputes are taken and any provision for the final settlement of differences, without stoppage of work, contained in or by law deemed to be contained in a collective agreement is complied with and effect given thereto.

Consent required

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

R.S., c. C-34, s. 380.

CCC

Threat against internationally protected person

424 Every person who threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against an internationally protected person or who threatens to commit an offence under section 431 is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 424; R.S., 1985, c. 27 (1st Supp.), s. 55; 2001, c. 41, s. 11; 2019, c. 25, s. 160.

CCC

Threat against United Nations or associated personnel

424.1 Every person who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under section 431.1 is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.

2001, c. 41, s. 11; 2019, c. 25, s. 160.

CCC

Misc Related Provisions

Presumption from port of shipment

414 Where, in proceedings under this Part [PART X - Fraudulent Transactions Relating to Contracts and Trade], the alleged offence relates to imported goods, evidence that the goods were shipped to Canada from a place outside Canada is, in the absence of any evidence to the contrary, proof that the goods were made or produced in the country from which they were shipped.
R.S., c. C-34, s. 372.

[annotation(s) added]

CCC

Presumption — valuable minerals

656 In any proceeding in relation to theft or possession of a valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed by any person actively engaged in or on a mine, if it is established that the person possesses the valuable mineral, the person is presumed, in the absence of evidence raising a reasonable doubt to the contrary, to have stolen or unlawfully possessed the valuable mineral.
R.S., 1985, c. C-46, s. 656; 1999, c. 5, s. 24.

CCC


Interpretation
Definition of goods

379 In this Part, goods means anything that is the subject of trade or commerce.

R.S., 1985, c. C-46, s. 379; 2018, c. 29, s. 43.1.

CCC

See Also

Miscellaneous Issues for Preliminary Inquiry

Bail

After a judge orders a person to stand trial, he may also review any detention orders or conditions of release.[1]

  1. s. 523(2)(b)

Bind Witnesses into Recognizance

Recognizance of witness

550. (1) Where an accused is ordered to stand trial, the justice who held the preliminary inquiry may require any witness whose evidence is, in his opinion, material to enter into a recognizance to give evidence at the trial of the accused and to comply with such reasonable conditions prescribed in the recognizance as the justice considers desirable for securing the attendance of the witness to give evidence at the trial of the accused.

Clarification

(2) A recognizance entered into under this section may be set out at the end of a deposition or be separate from it.

Sureties or deposit for appearance of witness

(3) A justice may, for any reason satisfactory to him, require any witness entering into a recognizance pursuant to this section

(a) to produce one or more sureties in such amount as he may direct; or
(b) to deposit with him a sum of money sufficient in his opinion to ensure that the witness will appear and give evidence.
Witness refusing to be bound

(4) Where a witness does not comply with subsection (1) or (3) when required to do so by a justice, he may be committed by the justice, by warrant in Form 24, to a prison in the territorial division where the trial is to be held, there to be kept until he does what is required of him or until the trial is concluded.

Discharge

(5) Where a witness has been committed to prison pursuant to subsection (4), the court before which the witness appears or a justice having jurisdiction in the territorial division where the prison is situated may, by order in Form 39, discharge the witness from custody when the trial is concluded.
R.S., 1985, c. C-46, s. 550; R.S., 1985, c. 27 (1st Supp.), s. 101; 2019, c. 25, s. 248.

CCC

This provision came into force on December 18, 2019.

Absconding During Preliminary Inquiry

Absconding Accused
Accused absconding during inquiry

544. (1) Notwithstanding any other provision of this Act, where an accused, whether or not he is charged jointly with another, absconds during the course of a preliminary inquiry into an offence with which he is charged,

(a) he shall be deemed to have waived his right to be present at the inquiry, and
(b) the justice
(i) may continue the inquiry and, when all the evidence has been taken, shall dispose of the inquiry in accordance with section 548, or
(ii) if a warrant is issued for the arrest of the accused, may adjourn the inquiry to await his appearance,

but where the inquiry is adjourned pursuant to subparagraph (b)(ii), the justice may continue it at any time pursuant to subparagraph (b)(i) if he is satisfied that it would no longer be in the interests of justice to await the appearance of the accused.

Adverse inference

(2) Where the justice continues a preliminary inquiry pursuant to subsection (1), he may draw an inference adverse to the accused from the fact that he has absconded.

Accused not entitled to re-opening

(3) Where an accused reappears at a preliminary inquiry that is continuing pursuant to subsection (1), he is not entitled to have any part of the proceedings that was conducted in his absence re-opened unless the justice is satisfied that because of exceptional circumstances it is in the interests of justice to re-open the inquiry.

Counsel for accused may continue to act

(4) Where an accused has absconded during the course of a preliminary inquiry and the justice continues the inquiry, counsel for the accused is not thereby deprived of any authority he may have to continue to act for the accused in the proceedings.

Accused calling witnesses

(5) Where, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued pursuant to subsection (1), the accused is absent but counsel for the accused is present, he or she shall be given an opportunity to call witnesses on behalf of the accused and subsection 541(5) applies with such modifications as the circumstances require.
R.S., 1985, c. C-46, s. 544; 1994, c. 44, s. 55.

CCC

Justice Unable to Continue

See also: Loss of Judge During Proceedings
Inability of justice to continue

547.1 Where a justice acting under this Part has commenced to take evidence and dies or is unable to continue for any reason, another justice may

(a) continue taking the evidence at the point at which the interruption in the taking of the evidence occurred, where the evidence was recorded pursuant to section 540 and is available; or
(b) commence taking the evidence as if no evidence had been taken, where no evidence was recorded pursuant to section 540 or where the evidence is not available.


R.S., 1985, c. 27 (1st Supp.), s. 100.

CCC

Miscellaneous Offences Against Property

Oyster Offences

Oysters

323. (1) Where oysters and oyster brood are in oyster beds, layings or fisheries that are the property of any person and are sufficiently marked out or known as the property of that person, that person shall be deemed to have a special property or interest in them.

Oyster bed

(2) An indictment is sufficient if it describes an oyster bed, laying or fishery by name or in any other way, without stating that it is situated in a particular territorial division.
R.S., c. C-34, s. 284.

CCC

Theft by Bailee

Theft by bailee of things under seizure

324. Every one who is a bailee of anything that is under lawful seizure by a peace officer or public officer in the execution of the duties of his office, and who is obliged by law or agreement to produce and deliver it to that officer or to another person entitled thereto at a certain time and place, or on demand, steals it if he does not produce and deliver it in accordance with his obligation, but he does not steal it if his failure to produce and deliver it is not the result of a wilful act or omission by him.

R.S., c. C-34, s. 285.

CCC

Agent pledging goods, when not theft

325. A factor or an agent does not commit theft by pledging or giving a lien on goods or documents of title to goods that are entrusted to him for the purpose of sale or for any other purpose, if the pledge or lien is for an amount that does not exceed the sum of

(a) the amount due to him from his principal at the time the goods or documents are pledged or the lien is given; and
(b) the amount of any bill of exchange that he has accepted for or on account of his principal.

R.S., c. C-34, s. 286.

CCC

Theft by or from person having special property or interest

328. A person may be convicted of theft notwithstanding that anything that is alleged to have been stolen was stolen

(a) by the owner of it from a person who has a special property or interest in it;
(b) by a person who has a special property or interest in it from the owner of it;
(c) by a lessee of it from his reversioner;
(d) by one of several joint owners, tenants in common or partners of or in it from the other persons who have an interest in it; or
(e) by the representatives of an organization from the organization.

R.S., 1985, c. C-46, s. 328; 2003, c. 21, s. 4.

CCC


Taking ore for scientific purpose

333. No person commits theft by reason only that he takes, for the purpose of exploration or scientific investigation, a specimen of ore or mineral from land that is not enclosed and is not occupied or worked as a mine, quarry or digging.
R.S., c. C-34, s. 293.

CCC

Taking Motor Vehicle or Vessel

Taking motor vehicle or vessel or found therein without consent

335 (1) Subject to subsection (1.1), every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.

Exception

(1.1) Subsection (1) does not apply to an occupant of a motor vehicle or vessel who, on becoming aware that it was taken without the consent of the owner, attempted to leave the motor vehicle or vessel, to the extent that it was feasible to do so, or actually left the motor vehicle or vessel.

Definition of vessel

(2) For the purposes of subsection (1), vessel has the same meaning as in section 320.11.

R.S., 1985, c. C-46, s. 335; R.S., 1985, c. 1 (4th Supp.), s. 15; 1997, c. 18, s. 15; 2018, c. 21, s. 16.

CCC

Breach of Trust

Criminal breach of trust

336. Every one who, being a trustee of anything for the use or benefit, whether in whole or in part, of another person, or for a public or charitable purpose, converts, with intent to defraud and in contravention of his trust, that thing or any part of it to a use that is not authorized by the trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 296.

CCC

Fraudulently taking cattle or defacing brand

338 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,

(a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells cattle that are found astray, or
(b) fraudulently, in whole or in part,
(i) obliterates, alters or defaces a brand or mark on cattle, or
(ii) makes a false or counterfeit brand or mark on cattle.
Punishment for theft of cattle

(2) Every person who commits theft of cattle is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.
Evidence of property in cattle

(3) In any proceedings under this Act, evidence that cattle are marked with a brand or mark that is recorded or registered in accordance with any Act is, in the absence of any evidence to the contrary, proof that the cattle are owned by the registered owner of that brand or mark.

Presumption from possession

(4) Where an accused is charged with an offence under subsection (1) or (2), the burden of proving that the cattle came lawfully into the possession of the accused or his employee or into the possession of another person on behalf of the accused is on the accused, if the accused is not the registered owner of the brand or mark with which the cattle are marked, unless it appears that possession of the cattle by an employee of the accused or by another person on behalf of the accused was without the knowledge and authority, sanction or approval of the accused.

R.S., 1985, c. C-46, s. 338; 2019, c. 25, s. 123.

CCC

Theft of Drift Timber

Taking possession, etc., of drift timber

339 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,

(a) fraudulently takes, holds, keeps in their possession, conceals, receives, appropriates, purchases or sells any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada;
(b) removes, alters, obliterates or defaces a mark or number on such lumber or lumbering equipment; or
(c) refuses to deliver such lumber or lumbering equipment up to the owner or to the person in charge of it on behalf of the owner or to a person authorized by the owner to receive it.
Dealer in second-hand goods

(2) Every one who, being a dealer in second-hand goods of any kind, trades or traffics in or has in his possession for sale or traffic any lumbering equipment that is marked with the mark, brand, registered timber mark, name or initials of a person, without the written consent of that person, is guilty of an offence punishable on summary conviction.

Search for timber unlawfully detained

(3) A peace officer who suspects, on reasonable grounds, that any lumber owned by any person and bearing the registered timber mark of that person is kept or detained in or on any place without the knowledge or consent of that person, may enter into or on that place to ascertain whether or not it is detained there without the knowledge or consent of that person.

Evidence of property in timber

(4) Where any lumber or lumbering equipment is marked with a timber mark or a boom chain brand registered under any Act, the mark or brand is, in proceedings under subsection (1), and, in the absence of any evidence to the contrary, proof that it is the property of the registered owner of the mark or brand.

Presumption from possession

(5) Where an accused or his servants or agents are in possession of lumber or lumbering equipment marked with the mark, brand, registered timber mark, name or initials of another person, the burden of proving that it came lawfully into his possession or into possession of his servants or agents is, in proceedings under subsection (1), on the accused.

Definitions

(6) In this section,
...
“coastal waters of Canada” includes all of Queen Charlotte Sound, all the Strait of Georgia and the Canadian waters of the Strait of Juan de Fuca;


...
“lumber” means timber, mast, spar, shingle bolt, sawlog or lumber of any description;


...
“lumbering equipment” includes a boom chain, chain, line and shackle.

46, s. 339; 2019, c. 25, s. 124.

CCC

Destroying Title Documents

Destroying documents of title

340 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, for a fraudulent purpose, destroys, cancels, conceals or obliterates

(a) a document of title to goods or lands,
(b) a valuable security or testamentary instrument, or
(c) a judicial or official document.

R.S., 1985, c. C-46, s. 340; 2019, c. 25, s. 125.

CCC

Fraudulent Concealment

Fraudulent concealment

341 Every person who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 341; 2019, c. 25, s. 126.

CCC

Stopping Mail

Stopping mail with intent

345. Every one who stops a mail conveyance with intent to rob or search it is guilty of an indictable offence and liable to imprisonment for life.
R.S., c. C-34, s. 304.

CCC

Interest Rate

Criminal Interest Rate
Criminal interest rate

347 (1) Despite any other Act of Parliament, every one who enters into an agreement or arrangement to receive interest at a criminal rate, or receives a payment or partial payment of interest at a criminal rate, is

(a) guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) guilty of an offence punishable on summary conviction and liable to a fine of not more than $25,000 or to imprisonment for a term of not more than two years less a day, or to both.
Definitions

(2) In this section,
...
“credit advanced” means the aggregate of the money and the monetary value of any goods, services or benefits actually advanced or to be advanced under an agreement or arrangement minus the aggregate of any required deposit balance and any fee, fine, penalty, commission and other similar charge or expense directly or indirectly incurred under the original or any collateral agreement or arrangement;


...
“criminal rate” means an effective annual rate of interest calculated in accordance with generally accepted actuarial practices and principles that exceeds sixty per cent on the credit advanced under an agreement or arrangement;


...
“insurance charge” means the cost of insuring the risk assumed by the person who advances or is to advance credit under an agreement or arrangement, where the face amount of the insurance does not exceed the credit advanced;


...
“interest” means the aggregate of all charges and expenses, whether in the form of a fee, fine, penalty, commission or other similar charge or expense or in any other form, paid or payable for the advancing of credit under an agreement or arrangement, by or on behalf of the person to whom the credit is or is to be advanced, irrespective of the person to whom any such charges and expenses are or are to be paid or payable, but does not include any repayment of credit advanced or any insurance charge, official fee, overdraft charge, required deposit balance or, in the case of a mortgage transaction, any amount required to be paid on account of property taxes;


...
“official fee” means a fee required by law to be paid to any governmental authority in connection with perfecting any security under an agreement or arrangement for the advancing of credit;


...
“overdraft charge” means a charge not exceeding five dollars for the creation of or increase in an overdraft, imposed by a credit union or caisse populaire the membership of which is wholly or substantially comprised of natural persons or a deposit taking institution the deposits in which are insured, in whole or in part, by the Canada Deposit Insurance Corporation or guaranteed, in whole or in part, by the Quebec Deposit Insurance Board;


...
“required deposit balance” means a fixed or an ascertainable amount of the money actually advanced or to be advanced under an agreement or arrangement that is required, as a condition of the agreement or arrangement, to be deposited or invested by or on behalf of the person to whom the advance is or is to be made and that may be available, in the event of his defaulting in any payment, to or for the benefit of the person who advances or is to advance the money.

Presumption

(3) Where a person receives a payment or partial payment of interest at a criminal rate, he shall, in the absence of evidence to the contrary, be deemed to have knowledge of the nature of the payment and that it was received at a criminal rate.

Proof of effective annual rate

(4) In any proceedings under this section, a certificate of a Fellow of the Canadian Institute of Actuaries stating that he has calculated the effective annual rate of interest on any credit advanced under an agreement or arrangement and setting out the calculations and the information on which they are based is, in the absence of evidence to the contrary, proof of the effective annual rate without proof of the signature or official character of the person appearing to have signed the certificate.

Notice

(5) A certificate referred to in subsection (4) shall not be received in evidence unless the party intending to produce it has given to the accused or defendant reasonable notice of that intention together with a copy of the certificate.

Cross-examination with leave

(6) An accused or a defendant against whom a certificate referred to in subsection (4) is produced may, with leave of the court, require the attendance of the actuary for the purposes of cross-examination.

Consent required for proceedings

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

Application

(8) This section does not apply to any transaction to which the Tax Rebate Discounting Act applies.

R.S., 1985, c. C-46, s. 347; 1992, c. 1, s. 60(F); 2007, c. 9, s. 1; 2019, c. 25, s. 127.

CCC

Definitions

347.1 (1) The following definitions apply in subsection (2).
...
“interest” has the same meaning as in subsection 347(2).


...
“payday loan” means an advancement of money in exchange for a post-dated cheque, a pre-authorized debit or a future payment of a similar nature but not for any guarantee, suretyship, overdraft protection or security on property and not through a margin loan, pawnbroking, a line of credit or a credit card.

Non-application

(2) Section 347 and section 2 of the Interest Act do not apply to a person, other than a financial institution within the meaning of paragraphs (a) to (d) of the definition “financial institution” in section 2 of the Bank Act, in respect of a payday loan agreement entered into by the person to receive interest, or in respect of interest received by that person under the agreement, if (a) the amount of money advanced under the agreement is $1,500 or less and the term of the agreement is 62 days or less; (b) the person is licensed or otherwise specifically authorized under the laws of a province to enter into the agreement; and (c) the province is designated under subsection (3).

Designation of province

(3) The Governor in Council shall, by order and at the request of the lieutenant governor in council of a province, designate the province for the purposes of this section if the province has legislative measures that protect recipients of payday loans and that provide for limits on the total cost of borrowing under the agreements.

Revocation

(4) The Governor in Council shall, by order, revoke the designation made under subsection (3) if requested to do so by the lieutenant governor in council of the province or if the legislative measures described in that subsection are no longer in force in that province.

2007, c. 9, s. 2.

CCC

Order Designating Alberta for the Purposes of the Criminal Interest Rate Provisions of the Criminal Code, SOR/2010-21

Selling Car Master Key

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)

R.S., 1985, c. C-46, s. 353; 1997, c. 18, s. 22; 2019, c. 25, s. 130.

CCC

A a home-made device, such as a re-shaped coathanger, is not a "automobile master key".[1]

  1. R v Young (1983), 3 CCC (3d) 395 (ONCA), 1983 CanLII 3480 (ON CA)

Tampering With VIN

Tampering with vehicle identification number

353.1 (1) Every person commits an offence who, without lawful excuse, wholly or partially alters, removes or obliterates a vehicle identification number on a motor vehicle.

Definition of “vehicle identification number”

(2) For the purpose of this section, “vehicle identification number” means any number or other mark placed on a motor vehicle for the purpose of distinguishing it from other similar motor vehicles.

Exception

(3) Despite subsection (1), it is not an offence to wholly or partially alter, remove or obliterate a vehicle identification number on a motor vehicle during regular maintenance or any repair or other work done on the vehicle for a legitimate purpose, including a modification of the vehicle.

Punishment

(4) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) is guilty of an offence punishable on summary conviction.

2010, c. 14, s. 4.

CCC

Theft of Mail

Theft from mail

356. (1) Everyone commits an offence who

(a) steals
(i) anything sent by post, after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail,
(ii) a bag, sack or other container or covering in which mail is conveyed, whether or not it contains mail, or
(iii) a key suited to a lock adopted for use by the Canada Post Corporation;
(a.1) with intent to commit an offence under paragraph (a), makes, possesses or uses a copy of a key suited to a lock adopted for use by the Canada Post Corporation, or a key suited to obtaining access to a receptacle or device provided for the receipt of mail;
(b) has in their possession anything that they know has been used to commit an offence under paragraph (a) or (a.1) or anything in respect of which they know that such an offence has been committed; or
(c) fraudulently redirects, or causes to be redirected, anything sent by post.
Allegation of value not necessary

(2) In proceedings for an offence under this section it is not necessary to allege in the indictment or to prove on the trial that anything in respect of which the offence was committed had any value.

Punishment

(3) Everyone who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 356; 2009, c. 28, s. 6.

CCC

Obtaining execution of valuable security by fraud

Obtaining execution of valuable security by fraud

363 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud or injure another person, by a false pretence causes or induces any person

(a) to execute, make, accept, endorse or destroy the whole or any part of a valuable security, or
(b) to write, impress or affix a name or seal on any paper or parchment in order that it may afterwards be made or converted into or used or dealt with as a valuable security.

R.S., 1985, c. C-46, s. 363; 2019, c. 25, s. 134.

CCC

Fraudulently obtaining food, beverage or accommodation

Fraudulently obtaining food, beverage or accommodation

364. (1) Every one who fraudulently obtains food, a beverage or accommodation at any place that is in the business of providing those things is guilty of an offence punishable on summary conviction.

Presumption

(2) In proceedings under this section, evidence that the accused obtained food, a beverage or accommodation at a place that is in the business of providing those things and did not pay for it and

(a) made a false or fictitious show or pretence of having baggage,
(b) had any false or pretended baggage,
(c) surreptitiously removed or attempted to remove his baggage or any material part of it,
(d) absconded or surreptitiously left the premises,
(e) knowingly made a false statement to obtain credit or time for payment, or
(f) offered a worthless cheque, draft or security in payment for the food, beverage or accommodation,

is, in the absence of any evidence to the contrary, proof of fraud.

Definition of “cheque”

(3) In this section, “cheque” includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors.

R.S., 1985, c. C-46, s. 364; 1994, c. 44, s. 23.

CCC

Forgery Related Offences

Exchequer bill paper, public seals, etc.

369. Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful authority or excuse,

(a) makes, uses or possesses
(i) any exchequer bill paper, revenue paper or paper that is used to make bank-notes, or
(ii) any paper that is intended to resemble paper mentioned in subparagraph (i); or
(b) makes, reproduces or uses a public seal of Canada or of a province, or the seal of a public body or authority in Canada or of a court of law.

R.S., 1985, c. C-46, s. 369; 2009, c. 28, s. 9.

CCC

Drawing Documents without Authority

Drawing document without authority, etc.

374. Every one who

(a) with intent to defraud and without lawful authority makes, executes, draws, signs, accepts or endorses a document in the name or on the account of another person by procuration or otherwise, or
(b) makes use of or utters a document knowing that it has been made, executed, signed, accepted or endorsed with intent to defraud and without lawful authority, in the name or on the account of another person, by procuration or otherwise,

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

R.S., c. C-34, s. 332.

CCC

Obtaining, etc., by instrument based on forged document

Obtaining, etc., by instrument based on forged document

375. Every one who demands, receives or obtains anything, or causes or procures anything to be delivered or paid to any person under, on or by virtue of any instrument issued under the authority of law, knowing that it is based on a forged document, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 333.

CCC

Counterfeiting stamps and marks

Counterfeiting stamp, etc.

376 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who

(a) fraudulently uses, mutilates, affixes, removes or counterfeits a stamp or part thereof,
(b) knowingly and without lawful excuse has in their possession
(i) a counterfeit stamp or a stamp that has been fraudulently mutilated, or
(ii) anything bearing a stamp of which a part has been fraudulently erased, removed or concealed, or
(c) without lawful excuse makes or knowingly has in their possession a die or instrument that is capable of making the impression of a stamp or part of a stamp.
Counterfeiting mark

(2) Every one who, without lawful authority,

(a) makes a mark,
(b) sells, or exposes for sale, or has in his possession a counterfeit mark,
(c) affixes a mark to anything that is required by law to be marked, branded, sealed or wrapped other than the thing to which the mark was originally affixed or was intended to be affixed, or
(d) affixes a counterfeit mark to anything that is required by law to be marked, branded, sealed or wrapped,

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

Definitions

(3) In this section,
mark means a mark, brand, seal, wrapper or design used by or on behalf of

(a) the government of Canada or a province,
(b) the government of a state other than Canada, or
(c) any department, board, commission or agent established by a government mentioned in paragraph (a) or (b) in connection with the service or business of that government; (marque)

stamp means an impressed or adhesive stamp used for the purpose of revenue by the government of Canada or a province or by the government of a state other than Canada. (timbre)

R.S., 1985, c. C-46, s. 376; 2018, c. 29, s. 43.

CCC

Damaging Documents

Damaging documents

377 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who unlawfully

(a) destroys, defaces or injures a register, or any part of a register, of births, baptisms, marriages, deaths or burials that is required or authorized by law to be kept in Canada, or a copy or any part of a copy of such a register that is required by law to be transmitted to a registrar or other officer,
(b) inserts or causes to be inserted in a register or copy referred to in paragraph (a) an entry, that he knows is false, of any matter relating to a birth, baptism, marriage, death or burial, or erases any material part from that register or copy,
(c) destroys, damages or obliterates an election document or causes an election document to be destroyed, damaged or obliterated, or
(d) makes or causes to be made an erasure, alteration or interlineation in or on an election document.
Definition of election document

(2) In this section, election document means any document or writing issued under the authority of an Act of Parliament or the legislature of a province with respect to an election held pursuant to the authority of that Act.

R.S., 1985, c. C-46, s. 377;

2019, c. 25, s. 135.

CCC

Register Offences

Offences in relation to registers

378 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

(a) being authorized or required by law to make or issue a certified copy of, extract from or certificate in respect of a register, record or document, knowingly makes or issues a false certified copy, extract or certificate,
(b) not being authorized or required by law to make or issue a certified copy of, extract from or certificate in respect of a register, record or document, fraudulently makes or issues a copy, extract or certificate that purports to be certified as authorized or required by law, or
(c) being authorized or required by law to make a certificate or declaration concerning any particular required for the purpose of making entries in a register, record or document, knowingly and falsely makes the certificate or declaration.

R.S., 1985, c. C-46, s. 378; 2019, c. 25, s. 136.

CCC

Wilfully causing An Event to Occur

PART XI
WILFUL AND FORBIDDEN ACTS IN RESPECT OF CERTAIN PROPERTY
Interpretation
Definition of “property”

428. In this Part, “property” means real or personal corporeal property.

R.S., c. C-34, s. 385.

CCC

Wilfully causing event to occur

429. (1) Every one who causes the occurrence of an event by doing an act or by omitting to do an act that it is his duty to do, knowing that the act or omission will probably cause the occurrence of the event and being reckless whether the event occurs or not, shall be deemed, for the purposes of this Part, wilfully to have caused the occurrence of the event.

Colour of right

(2) No person shall be convicted of an offence under sections 430 to 446 where he proves that he acted with legal justification or excuse and with colour of right.

Interest

(3) Where it is an offence to destroy or to damage anything,

(a) the fact that a person has a partial interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage; and
(b) the fact that a person has a total interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage with intent to defraud.

R.S., c. C-34, s. 386.

CCC

Attack on Premises of Internationally Protected Persons

Attack on premises, residence or transport of internationally protected person

431 Every one who commits a violent attack on the official premises, private accommodation or means of transport of an internationally protected person that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.
R.S., 1985, c. C-46, s. 431; R.S., 1985, c. 27 (1st Supp.), s. 58; 2001, c. 41, s. 13.

CCC

Attack on premises, accommodation or transport of United Nations or associated personnel

431.1 Every one who commits a violent attack on the official premises, private accommodation or means of transport of a member of United Nations personnel or associated personnel that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.

2001, c. 41, s. 13.

CCC

Explosive or other lethal device

See also: Use or Possession of Explosives (Offence)
Definitions

431.2 (1) The following definitions apply in this section.
...
“explosive or other lethal device” means

(a) an explosive or incendiary weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage; or
(b) a weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances, or radiation or radioactive material.


...
“infrastructure facility” means a publicly or privately owned facility that provides or distributes services for the benefit of the public, including services relating to water, sewage, energy, fuel and communications.


...
“military forces of a state” means the armed forces that a state organizes, trains and equips in accordance with the law of the state for the primary purpose of national defence or national security, and every person acting in support of those armed forces who is under their formal command, control and responsibility.


...
“place of public use” means those parts of land, a building, street, waterway or other location that are accessible or open to members of the public, whether on a continuous, periodic or occasional basis, and includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or other place that is accessible or open to the public on such a basis.


...
“public transportation system” means a publicly or privately owned facility, conveyance or other thing that is used in connection with publicly available services for the transportation of persons or cargo.

Explosive or other lethal device

(2) Every one who delivers, places, discharges or detonates an explosive or other lethal device to, into, in or against a place of public use, a government or public facility, a public transportation system or an infrastructure facility, either with intent to cause death or serious bodily injury or with intent to cause extensive destruction of such a place, system or facility that results in or is likely to result in major economic loss, is guilty of an indictable offence and liable to imprisonment for life.

Armed forces

(3) For greater certainty, subsection (2) does not apply to an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or to activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

2001, c. 41, s. 13.

CCC

Bootlegging Movies

Unauthorized recording of a movie

432. (1) A person who, without the consent of the theatre manager, records in a movie theatre a performance of a cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) is guilty of an offence punishable on summary conviction.

Unauthorized recording for purpose of sale, etc.
(2) A person who, without the consent of the theatre manager, records in a movie theatre a performance of a cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack for the purpose of the sale, rental or other commercial distribution of a copy of the cinematographic work

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) is guilty of an offence punishable on summary conviction.
Forfeiture

(3) In addition to any punishment that is imposed on a person who is convicted of an offence under this section, the court may order that anything that is used in the commission of the offence be forfeited to Her Majesty in right of the province in which the proceedings are taken. Anything that is forfeited may be disposed of as the Attorney General directs.

Forfeiture — limitation

(4) No order may be made under subsection (3) in respect of anything that is the property of a person who is not a party to the offence.

R.S., 1985, c. C-46, s. 432; R.S., 1985, c. 27 (1st Supp.), s. 58; 2007, c. 28, s. 1.

CCC

False Fire Alarm

Other Interference with Property

False alarm of fire

437. Every one who wilfully, without reasonable cause, by outcry, ringing bells, using a fire alarm, telephone or telegraph, or in any other manner, makes or circulates or causes to be made or circulated an alarm of fire is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.

R.S., c. C-34, s. 393; 1972, c. 13, s. 31.

CCC

Interfering with saving of wrecked vessel

Interfering with saving of wrecked vessel

438 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally prevents or impedes, or who intentionally endeavours to prevent or impede,

(a) the saving of a vessel that is wrecked, stranded, abandoned or in distress, or
(b) a person who attempts to save a vessel that is wrecked, stranded, abandoned or in distress.
Interfering with saving of wreck

(2) Every one who wilfully prevents or impedes or wilfully endeavours to prevent or impede the saving of wreck is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 438; 2019, c. 25, s. 166.

CCC

s. 2
...
"wreck" includes the cargo, stores and tackle of a vessel and all parts of a vessel separated from the vessel, and the property of persons who belong to, are on board or have quitted a vessel that is wrecked, stranded or in distress at any place in Canada; (épave)
...
R.S., 1985, c. C-46, s. 2; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 2, 203, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213, c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.), s. 55, c. 40 (4th Supp.), s. 2; 1990, c. 17, s. 7; 1991, c. 1, s. 28, c. 40, s. 1, c. 43, ss. 1, 9; 1992, c. 20, s. 216, c. 51, s. 32; 1993, c. 28, s. 78, c. 34, s. 59; 1994, c. 44, s. 2; 1995, c. 29, ss. 39, 40, c. 39, s. 138; 1997, c. 23, s. 1; 1998, c. 30, s. 14; 1999, c. 3, s. 25, c. 5, s. 1, c. 25, s. 1(Preamble), c. 28, s. 155; 2000, c. 12, s. 91, c. 25, s. 1(F); 2001, c. 32, s. 1, c. 41, ss. 2, 131; 2002, c. 7, s. 137, c. 22, s. 324; 2003, c. 21, s. 1; 2004, c. 3, s. 1; 2005, c. 10, s. 34, c. 38, s. 58, c. 40, ss. 1, 7; 2006, c. 14, s. 1; 2007, c. 13, s. 1; 2012, c.1, s. 160, c. 19, s. 371; 2013, c. 13, s. 2; 2014, c. 17, s. 1, c. 23, s. 2, c. 25, s. 2; 2015, c. 3, s. 44, c. 13, s. 3, c. 20, s. 15; 2018, c. 21, s. 12; 2019, c. 13, s. 140; 2019, c. 25, s. 1.

CCC

Interfering with marine signal, etc.

Interfering with marine signal, etc.

439 (1) Every one who makes fast a vessel or boat to a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of an offence punishable on summary conviction.

Idem

(2) Every person who intentionally alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 439; 2019, c. 25, s. 167.

CCC

Removing natural bar without permission

Removing natural bar without permission

440 Every person who knowingly and without the written permission of the Minister of Transport removes any stone, wood, earth or other material that forms a natural bar necessary to the existence of a public harbour, or that forms a natural protection to such a bar, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 440; 2019, c. 25, s. 168

CCC

Occupant injuring building

Occupant injuring building

441 Every person who, intentionally and to the prejudice of a mortgagee, a hypothecary creditor or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which they are in possession or occupation, or severs from the freehold any fixture fixed to it or from the immovable property any movable property permanently attached or joined to the immovable property, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 441; 2019, c. 25, s. 168

CCC

The actus reus of the offence requires that the enumerated conduct has a negative effect on the mortgagee. The amount does not need to be quantified.[1]

  1. R v Lundgard, 1991 ABCA 61 (CanLII), at para 21

Interfering with boundary lines

Interfering with boundary lines

442. Every one who wilfully pulls down, defaces, alters or removes anything planted or set up as the boundary line or part of the boundary line of land is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 398.

CCC

Interfering with international boundary marks, etc.

Interfering with international boundary marks, etc.

443 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally pulls down, defaces, alters or removes

(a) a boundary mark lawfully placed to mark any international, provincial, county or municipal boundary, or

(b) a boundary mark lawfully placed by a land surveyor to mark any limit, boundary or angle of a concession, range, lot or parcel of land.

Saving provision

(2) A land surveyor does not commit an offence under subsection (1) where, in his operations as a land surveyor,

(a) he takes up, when necessary, a boundary mark mentioned in paragraph (1)(b) and carefully replaces it as it was before he took it up; or
(b) he takes up a boundary mark mentioned in paragraph (1)(b) in the course of surveying for a highway or other work that, when completed, will make it impossible or impracticable for that boundary mark to occupy its original position, and he establishes a permanent record of the original position sufficient to permit that position to be ascertained.

R.S., 1985, c. C-46, s. 443; 2019, c. 25, s. 169.

CCC

Cockpit

Arena for animal fighting

447 (1) Everyone commits an offence who builds, makes, maintains or keeps an arena for animal fighting on premises that he or she owns or occupies, or allows such an arena to be built, made, maintained or kept on such premises.

Punishment

(2) Every one who commits an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

(3) [Repealed, 2019, c. 17, s. 3]

R.S., 1985, c. C-46, s. 447; 2008, c. 12, s. 1; 2019, c. 17, s. 3; 2019, c. 25, s. 174.

CCC

Breach of Animal Prohibition Order

Order of prohibition or restitution

447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 444(2), 445(2), 445.1(2), 446(2) or 447(2),

(a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal or a bird during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and
(b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal or a bird as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal or bird, if the costs are readily ascertainable.
Breach of order

(2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction.

Application

(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b).

2008, c. 12, s. 1.

CCC

Misc Definitions

PART XI - Wilful and Forbidden Acts in Respect of Certain Property
Interpretation
Definition of property

428 In this Part, property means real or personal corporeal property.
R.S., c. C-34, s. 385.

CCC

See Also

Miscellaneous Offences Against Public Order

Treason

High treason

46. (1) Every one commits high treason who, in Canada,

(a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;
(b) levies war against Canada or does any act preparatory thereto; or
(c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.
Treason

(2) Every one commits treason who, in Canada,

(a) uses force or violence for the purpose of overthrowing the government of Canada or a province;
(b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;
(c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);
(d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or
(e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.
Canadian citizen

(3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,

(a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or
(b) commits treason if, while in or out of Canada, he does anything mentioned in subsection (2).
Overt act

(4) Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.

R.S., c. C-34, s. 46; 1974-75-76, c. 105, s. 2.

CCC

Punishment for high treason

47. (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.

Punishment for treason

(2) Every one who commits treason is guilty of an indictable offence and liable

(a) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(a), (c) or (d);
(b) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while a state of war exists between Canada and another country; or
(c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while no state of war exists between Canada and another country.
Corroboration

(3) No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

Minimum punishment

(4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.

R.S., c. C-34, s. 47; 1974-75-76, c. 105, s. 2.

CCC

Limitation

48. (1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.

Information for treasonable words

(2) No proceedings shall be commenced under section 47 in respect of an overt act of treason expressed or declared by open and considered speech unless

(a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within six days after the time when the words are alleged to have been spoken; and
(b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.

R.S., c. C-34, s. 48; 1974-75-76, c. 105, s. 29.

CCC

Procedure

581 (1) ...

Indictment for treason

(4) If an accused is charged with an offence under section 47 or sections 50 to 53, every overt act that is to be relied on shall be stated in the indictment.
...
R.S., 1985, c. C-46, s. 581; R.S., 1985, c. 27 (1st Supp.), s. 118; 2018, c. 29, s. 63.

CCC

Penalty
Sentence of life imprisonment

745 Subject to section 745.1, the sentence to be pronounced against a person who is to be sentenced to imprisonment for life shall be

(a) in respect of a person who has been convicted of high treason or first degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;


...
R.S., 1985, c. C-46, s. 745; R.S., 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 17, s. 14; 1992, c. 51, s. 39; 1995, c. 22, s. 6; 2000, c. 24, s. 46.

CCC

Assisting an Alien Enemy or Omitting to Prevent Treason

Assisting alien enemy to leave Canada, or omitting to prevent treason

50. (1) Every one commits an offence who

(a) incites or wilfully assists a subject of
(i) a state that is at war with Canada, or
(ii) a state against whose forces Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the state whose forces they are,

to leave Canada without the consent of the Crown, unless the accused establishes that assistance to the state referred to in subparagraph (i) or the forces of the state referred to in subparagraph (ii), as the case may be, was not intended thereby; or

(b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.
Punishment

(2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 50; 1974-75-76, c. 105, s. 29.

CCC

Intimidating Parliament or a Legislature

Intimidating Parliament or legislature

51. Every one who does an act of violence in order to intimidate Parliament or the legislature of a province is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 51.

CCC

Sabotage

Sabotage

52 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who does a prohibited act for a purpose prejudicial to

(a) the safety, security or defence of Canada, or
(b) the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada.
Definition of prohibited act

(2) In this section, prohibited act means an act or omission that

(a) impairs the efficiency or impedes the working of any vessel, vehicle, aircraft, machinery, apparatus or other thing; or
(b) causes property, by whomever it may be owned, to be lost, damaged or destroyed.
Saving

(3) No person does a prohibited act within the meaning of this section by reason only that

(a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;
(b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or
(c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.
Idem

(4) No person does a prohibited act within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

R.S., 1985, c. C-46, s. 52; 2019, c. 25, s. 6.

CCC

This provision came into force on December 18, 2019.

Mutiny and Deserting

Inciting to mutiny

53. Every one who

(a) attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or
(b) attempts to incite or to induce a member of the Canadian Forces to commit a traitorous or mutinous act,

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

R.S., c. C-34, s. 53.

CCC

Assisting deserter

54. Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces is guilty of an offence punishable on summary conviction, but no proceedings shall be instituted under this section without the consent of the Attorney General of Canada.

R.S., c. C-34, s. 54.

CCC

Evidence of overt acts

55 In proceedings for an offence against any provision in section 47 [high treason] or sections 50 to 53 [Assisting alien enemy to leave Canada, or omitting to prevent treason, Intimidating Parliament or legislature, Sabotage, Inciting to mutiny], evidence of an overt act is not admissible unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out in the indictment.

R.S., 1985, c. C-46, s. 55; 2018, c. 29, s. 2.
[annotation(s) added]

CCC

Offences in relation to members of R.C.M.P.

56. Every one who wilfully

(a) persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave,
(b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave, or
(c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is about to desert or absent himself without leave,

is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 56; R.S., 1985, c. 27 (1st Supp.), s. 8.

CCC

Identity Document Offences

Identity documents

56.1 (1) Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in part, to another person.

For greater certainty

(2) For greater certainty, subsection (1) [trafficking identity documents] does not prohibit an act that is carried out

(a) in good faith, in the ordinary course of the person’s business or employment or in the exercise of the duties of their office;
(b) for genealogical purposes;
(c) with the consent of the person to whom the identity document relates or of a person authorized to consent on behalf of the person to whom the document relates, or of the entity that issued the identity document; or
(d) for a legitimate purpose related to the administration of justice.
Definition of “identity document”

(3) For the purposes of this section, “identity document” means a Social Insurance Number card, a driver’s licence, a health insurance card, a birth certificate, a death certificate, a passport as defined in subsection 57(5), a document that simplifies the process of entry into Canada, a certificate of citizenship, a document indicating immigration status in Canada, a certificate of Indian status or an employee identity card that bears the employee’s photograph and signature, or any similar document, issued or purported to be issued by a department or agency of the federal government or of a provincial or foreign government.

Punishment

(4) Every person who commits an offence under subsection (1) [trafficking identity documents]

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) is guilty of an offence punishable on summary conviction.

2009, c. 28, s. 1.
[annotation(s) added]

CCC

Forgery of or uttering forged passport

57 (1) Every one who, while in or out of Canada,

(a) forges a passport, or
(b) knowing that a passport is forged
(i) uses, deals with or acts on it, or
(ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,

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

False statement in relation to passport

(2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the purpose of procuring any material alteration or addition to any such passport, makes a written or an oral statement that he knows is false or misleading

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
Possession of forged, etc., passport

(3) Every person who, without lawful excuse, has in their possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Special provisions applicable

(4) For the purposes of proceedings under this section,

(a) the place where a passport was forged is not material; and
(b) the definition false document in section 321, and section 366, apply with such modifications as the circumstances require.
Definition of passport

(5) In this section, passport has the same meaning as in section 2 of the Canadian Passport Order.

Jurisdiction

(6) Where a person is alleged to have committed, while out of Canada, an offence under this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

Appearance of accused at trial

(7) For greater certainty, the provisions of this Act relating to

(a) requirements that an accused appear at and be present during proceedings, and
(b) the exceptions to those requirements,

apply to proceedings commenced in any territorial division pursuant to subsection (6).

R.S., 1985, c. C-46, s. 57; R.S., 1985, c. 27 (1st Supp.), s. 9; 1992, c. 1, s. 60(F); 1994, c. 44, s. 4; 1995, c. 5, s. 25; 2013, c. 40, s. 174; 2018, c. 29, s. 3; 2019, c. 25, s. 7.

CCC

Fraudulent use of certificate of citizenship

58 (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, while in or outside Canada,

(a) uses a certificate of citizenship or a certificate of naturalization for a fraudulent purpose, or
(b) being a person to whom a certificate of citizenship or a certificate of naturalization has been granted, knowingly parts with the possession of that certificate with intent that it should be used for a fraudulent purpose.
Definition of certificate of citizenship and certificate of naturalization

(2) In this section, certificate of citizenship and certificate of naturalization, respectively, mean a certificate of citizenship and a certificate of naturalization as defined by the Citizenship Act.

R.S., 1985, c. C-46, s. 58; 2019, c. 25, s. 8.

CCC

Sedition

Sedition
Seditious words

59. (1) Seditious words are words that express a seditious intention.

Seditious libel

(2) A seditious libel is a libel that expresses a seditious intention.

Seditious conspiracy

(3) A seditious conspiracy is an agreement between two or more persons to carry out a seditious intention.

Seditious intention

(4) Without limiting the generality of the meaning of the expression “seditious intention”, every one shall be presumed to have a seditious intention who

(a) teaches or advocates, or
(b) publishes or circulates any writing that advocates,

the use, without the authority of law, of force as a means of accomplishing a governmental change within Canada.

R.S., c. C-34, s. 60.

CCC

Exception

60. Notwithstanding subsection 59(4), no person shall be deemed to have a seditious intention by reason only that he intends, in good faith,

(a) to show that Her Majesty has been misled or mistaken in her measures;
(b) to point out errors or defects in
(i) the government or constitution of Canada or a province,
(ii) Parliament or the legislature of a province, or
(iii) the administration of justice in Canada;
(c) to procure, by lawful means, the alteration of any matter of government in Canada; or
(d) to point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different classes of persons in Canada.

R.S., c. C-34, s. 61.

CCC

Punishment of seditious offences

61. Every one who

(a) speaks seditious words,
(b) publishes a seditious libel, or
(c) is a party to a seditious conspiracy,

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

R.S., c. C-34, s. 62.

CCC

Offences in relation to military forces

62 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally

(a) interferes with, impairs or influences the loyalty or discipline of a member of a force,
(b) publishes, edits, issues, circulates or distributes a writing that advises, counsels or urges insubordination, disloyalty, mutiny or refusal of duty by a member of a force, or
(c) advises, counsels, urges or in any manner causes insubordination, disloyalty, mutiny or refusal of duty by a member of a force,

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

Definition of “member of a force”

(2) In this section, “member of a force” means a member of

(a) the Canadian Forces; or
(b) the naval, army or air forces of a state other than Canada that are lawfully present in Canada.

R.S., c. C-34, s. 63; 2019, c. 25, s. 9.

CCC

Unlawful Drilling

Unlawful Drilling
Orders by Governor in Council

70 (1) The Governor in Council may, by proclamation, make orders

(a) to prohibit assemblies, without lawful authority, of persons for the purpose
(i) of training or drilling themselves,
(ii) of being trained or drilled to the use of arms, or
(iii) of practising military exercises; or
(b) to prohibit persons when assembled for any purpose from training or drilling themselves or from being trained or drilled.
General or special order

(2) An order that is made under subsection (1) may be general or may be made applicable to particular places, districts or assemblies to be specified in the order.

Punishment

(3) Every person who contravenes an order made under this section is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 70; 1992, c. 1, s. 60(F); 2019, c. 25, s. 12

CCC

Offences Relating to Radioactive Materials

Possession, etc., of nuclear material, radioactive material or device

82.3 Everyone who, with intent to cause death, serious bodily harm or substantial damage to property or the environment, makes a device or possesses, uses, transfers, exports, imports, alters or disposes of nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.
2013, c. 13, s. 5.

CCC

Use or alteration of nuclear material, radioactive material or device

82.4 Everyone who, with intent to compel a person, government or international organization to do or refrain from doing any act, uses or alters nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.

2013, c. 13, s. 5.

CCC

Commission of indictable offence to obtain nuclear material, etc.

82.5 Everyone who commits an indictable offence under this or any other Act of Parliament, with intent to obtain nuclear material, radioactive material or a device or to obtain access to a nuclear facility, is guilty of an indictable offence and is liable to imprisonment for life.

2013, c. 13, s. 5.

CCC

Threats

82.6 Everyone who threatens to commit an offence under any of sections 82.3 to 82.5 is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years.

2013, c. 13, s. 5.

CCC

Armed forces

82.7 For greater certainty, sections 82.3 to 82.6 do not apply to an act that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or to activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

2013, c. 13, s. 5.

CCC

s. 2
...
nuclear facility means

(a) any nuclear reactor, including a reactor installed on a vessel, vehicle, aircraft or space object for use as an energy source in order to propel the vessel, vehicle, aircraft or space object or for any other purpose, and
(b) any plant or conveyance used for the production, storage, processing or transport of nuclear material or radioactive material;

nuclear material means

(a) plutonium, except plutonium with an isotopic concentration of plutonium-238 that is greater than 80%,
(b) uranium-233,
(c) uranium containing uranium-233 or uranium-235 or both in an amount such that the abundance ratio of the sum of those isotopes to the isotope uranium-238 is greater than 0.72%,
(d) uranium with an isotopic concentration equal to that occurring in nature, except uranium in the form of ore or ore-residue, and
(e) any substance containing any material described in paragraphs (a) to (d);

...
"radioactive material" means any material that emits one or more types of ionizing radiation, such as alpha or beta particles, neutrons and gamma rays, and that is capable of, owing to its radiological or fissile properties, causing death, serious bodily harm or substantial damage to property or the environment;
...

CCC

Definition of device

82.2 For the purposes of sections 82.3 to 82.5, device means any of the following:

(a) a nuclear explosive device;
(b) a device that disperses radioactive material;
(c) a device that emits ionizing radiation and that is capable of causing death, serious bodily harm or substantial damage to property or the environment.

2013, c. 13, s. 5.

CCC

Prize Fights

Engaging in prize fight

83. (1) Every one who

(a) engages as a principal in a prize fight,
(b) advises, encourages or promotes a prize fight, or
(c) is present at a prize fight as an aid, second, surgeon, umpire, backer or reporter,

is guilty of an offence punishable on summary conviction.

Definition of “prize fight”

(2) In this section, “prize fight” means an encounter or fight with fists, hands or feet between two persons who have met for that purpose by previous arrangement made by or for them, but does not include

(a) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province if the sport is on the programme of the International Olympic Committee or the International Paralympic Committee and, in the case where the province’s lieutenant governor in council or any other person or body specified by him or her requires it, the contest is held with their permission;
(b) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province if the sport has been designated by the province’s lieutenant governor in council or by any other person or body specified by him or her and, in the case where the lieutenant governor in council or other specified person or body requires it, the contest is held with their permission;
(c) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province with the permission of the province’s lieutenant governor in council or any other person or body specified by him or her; and
(d) a boxing contest or mixed martial arts contest held in a province with the permission or under the authority of an athletic board, commission or similar body established by or under the authority of the province’s legislature for the control of sport within the province.

R.S., 1985, c. C-46, s. 83; R.S., 1985, c. 27 (1st Supp.), s. 186; 2013, c. 19, s. 1.

CCC

Violation of a Freezing Order re Terrorism Offences

Offences — freezing of property, disclosure or audit

83.12 (1) Every person who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable

(a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years less a day, or to both.

(2) [Repealed, 2013, c. 9, s. 5]

2001, c. 41, s. 4; 2013, c. 9, s. 5; 2019, c. 25, s. 18.

CCC

See Also

Miscellaneous Offences Against the Person

Failing to Obtain Assistance in Child Birth

Neglect in Child-birth and Concealing Dead Body
Neglect to obtain assistance in childbirth

242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 242; 2019, c. 25, s. 82.

CCC

Section 242 does not apply to acts that occur after delivery of the fetus nor does it apply to acts resulting from a failure to obtain reasonable assistance. [1]

  1. R v Bryan, 1959 CanLII 487 (ON CA), per Porter CJ

Concealing Body of Child

Concealing body of child

243 Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 243; 2019, c. 25, s. 82.

CCC

This offence only applies to the disposal of a child's remain who was born alive or would likely to have been born alive.[1] The mens rea requires that the accused knew the child was "likely to have been born alive".[2]

Medical evidence would be necessary to prove whether the child was "likely" to have been born alive.[3]

Constitutionality

The offence under s. 243 is not unconstitutionally void.[4]

Traps likely to cause bodily harm

Traps likely to cause bodily harm

247 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who with intent to cause death or bodily harm to a person, whether ascertained or not,

(a) sets or places a trap, device or other thing that is likely to cause death or bodily harm to a person; or
(b) being in occupation or possession of a place, knowingly permits such a trap, device or other thing to remain in that place.
Bodily harm

(2) Every person who commits an offence under subsection (1), and by doing so causes bodily harm to any other person, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.
Offence-related place

(3) Every person who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.
Offence-related place — bodily harm

(4) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, and thereby causes bodily harm to a person is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years.

Death

(5) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.

R.S., 1985, c. C-46, s. 247; 2004, c. 12, s. 6; 2019, c. 25, s. 84.

CCC

Interfering with transportation facilities

Interfering with transportation facilities

248. Every one who, with intent to endanger the safety of any person, places anything on or does anything to any property that is used for or in connection with the transportation of persons or goods by land, water or air that is likely to cause death or bodily harm to persons is guilty of an indictable offence and liable to imprisonment for life.

R.S., c. C-34, s. 232.

CCC

Impeding attempt to save life

Impeding attempt to save life

262 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

(a) prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life, or
(b) without reasonable cause prevents or impedes or attempts to prevent or impede any person who is attempting to save the life of another person.

R.S., 1985, c. C-46, s. 262; 2019, c. 25, s. 90

CCC

Duty to safeguard opening in ice

Duty to safeguard opening in ice

263. (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.

Excavation on land

(2) Every one who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the excavation exists.

Offences

(3) Every one who fails to perform a duty imposed by subsection (1) or (2) is guilty of

(a) manslaughter, if the death of any person results therefrom;
(b) an offence under section 269, if bodily harm to any person results therefrom; or
(c) an offence punishable on summary conviction.

R.S., c. C-34, s. 242; 1980-81-82-83, c. 125, s. 18.

CCC

Unlawfully Cause Bodily Harm

Unlawfully causing bodily harm

269 Every one who unlawfully causes bodily harm to any person is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 269; 1994, c. 44, s. 18; 2019, c. 25, s. 94

CCC

Torture

Torture

269.1 (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Definitions

(2) For the purposes of this section,
...
“official” means

(a) a peace officer, (b) a public officer, (c) a member of the Canadian Forces, or (d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c), whether the person exercises powers in Canada or outside Canada;


...
“torture” means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person

(a) for a purpose including
(i) obtaining from the person or from a third person information or a statement,
(ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and
(iii) intimidating or coercing the person or a third person, or
(b) for any reason based on discrimination of any kind,

but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions.

No defence

(3) It is no defence to a charge under this section that the accused was ordered by a superior or a public authority to perform the act or omission that forms the subject-matter of the charge or that the act or omission is alleged to have been justified by exceptional circumstances, including a state of war, a threat of war, internal political instability or any other public emergency.

Evidence

(4) In any proceedings over which Parliament has jurisdiction, any statement obtained as a result of the commission of an offence under this section is inadmissible in evidence, except as evidence that the statement was so obtained.

R.S., 1985, c. 10 (3rd Supp.), s. 2.

CCC

Bigamy

Bigamy

290 (1) Every one commits bigamy who

(a) in Canada,
(i) being married, goes through a form of marriage with another person,
(ii) knowing that another person is married, goes through a form of marriage with that person, or
(iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or
(b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.
Matters of defence

(2) No person commits bigamy by going through a form of marriage if

(a) that person in good faith and on reasonable grounds believes that his spouse is dead;
(b) the spouse of that person has been continuously absent from him for seven years immediately preceding the time when he goes through the form of marriage, unless he knew that his spouse was alive at any time during those seven years;
(c) that person has been divorced from the bond of the first marriage; or
(d) the former marriage has been declared void by a court of competent jurisdiction.
Incompetency no defence

(3) Where a person is alleged to have committed bigamy, it is not a defence that the parties would, if unmarried, have been incompetent to contract marriage under the law of the place where the offence is alleged to have been committed.

Validity presumed

(4) Every marriage or form of marriage shall, for the purpose of this section, be deemed to be valid unless the accused establishes that it was invalid.

Act or omission by accused

(5) No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise valid.

R.S., c. C-34, s. 254.

CCC

Punishment

291 (1) Every person who commits bigamy is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Certificate of marriage

(2) For the purposes of this section, a certificate of marriage issued under the authority of law is evidence of the marriage or form of marriage to which it relates without proof of the signature or official character of the person by whom it purports to be signed.

R.S., 1985, c. C-46, s. 291; 2019, c. 25, s. 112.

CCC

Procuring feigned Marriage

Procuring feigned marriage

292 (1) Every person who procures or knowingly aids in procuring a feigned marriage between themselves and another person is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Corroboration

(2) No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

R.S., 1985, c. C-46, s. 292; 2019, c. 25, s. 113.

CCC

Polygamy

Polygamy

293 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

(a) practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or
(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a).
Evidence in case of polygamy

(2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.

R.S., 1985, c. C-46, s. 293; 2019, c. 25, s. 114.

CCC

Section 4(5) states that "For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted."

Forced Marriage

Forced marriage

293.1 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

2015, c. 29, s. 9; 2019, c. 25, s. 115.

CCC

Marriage under age of 16 years

293.2 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

2015, c. 29, s. 9; 2019, c. 25, s. 115.

CCC

On September 19, 2019, s. 293.3 was repealed by Bill C-75 at s. 115.

Unlawful Solemnization of Marriage

Unlawful Solemnization of Marriage
Pretending to solemnize marriage

294 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) solemnizes or pretends to solemnize a marriage without lawful authority; or
(b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage.

R.S., 1985, c. C-46, s. 294; 2018, c. 29, s. 29; 2019, c. 25, s. 116.

CCC

Marriage Contrary to Law

Marriage contrary to law

295 Every person who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 295; 2015, c. 29, s. 10; 2019, c. 25, s. 117.

CCC

On September 19, 2019, s. 295 was amended by Bill C-75 s. 117.

Misc Related Definitions

Interpretation
Definitions

214 In this Part,
aircraft does not include a machine designed to derive support in the atmosphere primarily from reactions against the earth’s surface of air expelled from the machine; (aéronef)
...
form of marriage includes a ceremony of marriage that is recognized as valid

(a) by the law of the place where it was celebrated, or
(b) by the law of the place where an accused is tried, notwithstanding that it is not recognized as valid by the law of the place where it was celebrated; (formalité de mariage)


guardian includes a person who has in law or in fact the custody or control of a child; (tuteur)
vessel includes a machine designed to derive support in the atmosphere primarily from reactions against the earth’s surface of air expelled from the machine. (bateau)
R.S., 1985, c. C-46, s. 214; R.S., 1985, c. 27 (1st Supp.), s. 33, c. 32 (4th Supp.), s. 56; 2002, c. 13, s. 9.

CCC

See Also

Miscellaneous Provisions Relating to Terrorism Offences

Legislation

Proceedings and Aggravated Punishment
Attorney General’s consent

83.24 Proceedings in respect of a terrorism offence or an offence under section 83.12 shall not be commenced without the consent of the Attorney General.
2001, c. 41, s. 4.

CCC

Jurisdiction

83.25 (1) Where a person is alleged to have committed a terrorism offence or an offence under section 83.12, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced at the instance of the Government of Canada and conducted by the Attorney General of Canada or counsel acting on his or her behalf in any territorial division in Canada, if the offence is alleged to have occurred outside the province in which the proceedings are commenced, whether or not proceedings have previously been commenced elsewhere in Canada.

Trial and punishment

(2) An accused may be tried and punished in respect of an offence referred to in subsection (1) in the same manner as if the offence had been committed in the territorial division where the proceeding is conducted.
2001, c. 41, s. 4.

CCC

Sentences to be served consecutively

83.26 A sentence, other than one of life imprisonment, imposed on a person for an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 shall be served consecutively to

(a) any other punishment imposed on the person, other than a sentence of life imprisonment, for an offence arising out of the same event or series of events; and
(b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

2001, c. 41, s. 4.

CCC

Punishment for terrorist activity

83.27 (1) Notwithstanding anything in this Act, a person convicted of an indictable offence, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.

Offender must be notified

(2) Subsection (1) does not apply unless the prosecutor satisfies the court that the offender, before making a plea, was notified that the application of that subsection would be sought.
2001, c. 41, s. 4.

CCC

Investigative Hearing
Definition of judge

83.28 (1) In this section and section 83.29, judge means a provincial court judge or a judge of a superior court of criminal jurisdiction.

Order for gathering information

(2) Subject to subsection (3), a peace officer may, for the purposes of an investigation of a terrorism offence, apply ex parte to a judge for an order for the gathering of information.

Attorney General’s consent

(3) A peace officer may make an application under subsection (2) only if the Attorney General’s prior consent was obtained.

Making of order

(4) The judge to whom the application is made may make an order for the gathering of information if they are satisfied that the Attorney General’s consent was obtained as required by subsection (3), and

(a) that there are reasonable grounds to believe that
(i) a terrorism offence has been committed,
(ii) information concerning the offence, or information that may reveal the whereabouts of a person suspected by the peace officer of having committed the offence, is likely to be obtained as a result of the order, and
(iii) reasonable attempts have been made to obtain the information referred to in subparagraph (ii) by other means; or
(b) that
(i) there are reasonable grounds to believe that a terrorism offence will be committed,
(ii) there are reasonable grounds to believe that a person has direct and material information that relates to the offence referred to in subparagraph (i), or that may reveal the whereabouts of an individual who the peace officer suspects may commit the offence referred to in that subparagraph, and
(iii) reasonable attempts have been made to obtain the information referred to in subparagraph (ii) by other means.
Contents of order

(5) An order made under subsection (4) shall order the examination, on oath or not, of the person named in the order and require the person to attend at the place fixed by the judge, or by the judge designated under paragraph (b), as the case may be, for the examination and to remain in attendance until excused by the presiding judge, and may

(a) order the person to bring to the examination any thing in their possession or control, and produce it to the presiding judge;
(b) designate another judge as the judge before whom the examination is to take place; and
(c) include any other terms or conditions that the judge considers desirable, including terms or conditions for the protection of the interests of the person named in the order and of third parties or for the protection of any ongoing investigation.
Execution of order

(6) The order may be executed anywhere in Canada.

Variation of order

(7) The judge who made the order, or another judge of the same court, may vary its terms and conditions.

Obligation to answer questions and produce things

(8) A person named in an order made under subsection (4) shall answer questions put to them by the Attorney General or the Attorney General’s agent, and shall produce to the presiding judge things that the person was ordered to bring, but may refuse if answering a question or producing a thing would disclose information that is protected by any law relating to privilege or to disclosure of information.

Judge to rule

(9) The presiding judge shall rule on any objection or other issue relating to a refusal to answer a question or to produce a thing.

No person excused from complying with subsection (8)

(10) No person shall be excused from answering a question or producing a thing under subsection (8) on the ground that the answer or thing may tend to incriminate them or subject them to any proceeding or penalty, but

(a) no answer given or thing produced under subsection (8) shall be used or received against the person in any criminal proceedings against them, other than a prosecution under section 132 or 136; and
(b) no evidence derived from the evidence obtained from the person shall be used or received against the person in any criminal proceedings against them, other than a prosecution under section 132 or 136.
Right to counsel

(11) A person has the right to retain and instruct counsel at any stage of the proceedings.

Order for custody of thing

(12) The presiding judge, if satisfied that any thing produced during the course of the examination will likely be relevant to the investigation of any terrorism offence, may order that the thing be given into the custody of the peace officer or someone acting on the peace officer’s behalf.
2001, c. 41, s. 4; 2013, c. 9, s. 10.
[repealed by Act re National Security Amendments on June 21, 2019]

CCC

Miscellaneous Sexual Offences


Immoral theatrical performance

Immoral theatrical performance

167. (1) Every one commits an offence who, being the lessee, manager, agent or person in charge of a theatre, presents or gives or allows to be presented or given therein an immoral, indecent or obscene performance, entertainment or representation.

Person taking part

(2) Every one commits an offence who takes part or appears as an actor, a performer or an assistant in any capacity, in an immoral, indecent or obscene performance, entertainment or representation in a theatre.

R.S., c. C-34, s. 163.

CCC


Definitions

150 In this Part,
...
theatre includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission. (théâtre)
...
R.S., c. C-34, s. 138.

CCC

A performance that would otherwise be "unexceptional" and not immoral does not become immoral per se simply because it is performed in the nude.[5]

  1. R v Levkovic, [2013] 2 SCR 204, 2013 SCC 25 (CanLII)
  2. Levkovic, ibid.
  3. Levkovic, ibid.
  4. Levkovic, ibid.
  5. R v Johnson, [1975] 2 SCR 160, 1973 CanLII 198 (SCC)

Mailing Obscene Matters

Mailing obscene matter

168. (1) Every one commits an offence who makes use of the mails for the purpose of transmitting or delivering anything that is obscene, indecent, immoral or scurrilous.

Exceptions

(2) Subsection (1) does not apply to a person who

(a) prints or publishes any matter for use in connection with any judicial proceedings or communicates it to persons who are concerned in the proceedings;
(b) prints or publishes a notice or report under the direction of a court; or
(c) prints or publishes any matter
(i) in a volume or part of a genuine series of law reports that does not form part of any other publication and consists solely of reports of proceedings in courts of law, or
(ii) in a publication of a technical character that is intended, in good faith, for circulation among members of the legal or medical profession.

R.S., 1985, c. C-46, s. 168; 1999, c. 5, s. 2.

CCC

Punishment

169. Every one who commits an offence under section 163, 165, 167 or 168 is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 169; 1999, c. 5, s. 3.

CCC

Corrupting Children

Corrupting children

172 (1) Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.

(2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]

Definition of child

(3) For the purposes of this section, "child" means a person who is or appears to be under the age of eighteen years.

Who may institute prosecutions

(4) No proceedings shall be commenced under subsection (1) [corrupting children] without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court.

R.S., 1985, c. C-46, s. 172; R.S., 1985, c. 19 (3rd Supp.), s. 6; 2019, c. 25, s. 57

CCC

Nudity

Nudity

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.

Nude

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

Consent of Attorney General

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

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

CCC

Obstructing officiating clergyman

Obstructing or violence to or arrest of officiating clergyman

176 (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) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent an officiant from celebrating a religious or spiritual service or performing any other function in connection with their calling, or
(b) knowing that an officiant is about to perform, is on their 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 them, or
(ii) arrests them on a civil process, or under the pretence of executing a civil process.
Disturbing religious worship or certain meetings

(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.

Idem

(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., 1985, c. C-46, s. 176; 2018, c. 29, s. 13.1; 2019, c. 25, s. 59.

CCC

Nuisances

Nuisances

Common nuisance

180 (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 commits a common nuisance and by doing so

(a) endangers the lives, safety or health of the public, or
(b) causes physical injury to any person.
Definition

(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., 1985, c. C-46, s. 180; 2019, c. 25, s. 61.

CCC

Spreading false news

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.
[Repealed Bill C-75 on June 21, 2019]

CCC

Offences relating to dead bodies

Dead body

182 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction 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.

R.S., 1985, c. C-46, s. 182; 2019, c. 25, s. 63

CCC

Sentence

The burning of a body undermines the administration of justice by destroying evidence.[1]

It also can create a dangerous situation that puts other people at risk.[2]

A sentence of two years consecutive to homicide and kidnapping related charges is not unreasonable.[3]

  1. R v Dhillon, 2019 ONCA 159 (CanLII), per Watt JA, at para 22
  2. Dhillon, ibid., at para 22
  3. e.g. Dhillon, ibid.

Repealed

Vagrancy

Vagrancy

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.
Punishment

(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.
[Repealed June 21, 2019 Bill C-75]

CCC

See Also