View source for Frauds on the Government (Offence)

{{LevelZero}}{{HeaderOffences}}

{{OffenceBox 
|OffenceTitle=Frauds on the Government 
|OffencePage=Frauds on the Government 
|Section=121
|Act={{OBCCC}}  
|CrownElection={{OBHybridIndictableElection}} 
|Jurisdiction={{OBJurisdictionAll-Under14}} 
|Bail={{OBBailAll}} 
|SummaryDisp= 
|SummaryMin={{OBMinNone}}
|SummaryMax= {{OBTime|2 years less a day}}
|IndictableDisp= {{OBDisp2to10}} 
|IndictableMin= {{OBMinNone}}
|IndictableMax= {{OBTime|5 years}} }}

==Overview==
{{OverviewIV|frauds on the government}}

; Pleadings
{{PleadingsHeader-N}}
{{PleadingsHybridList-N|s. 121 {{DescrSec|121}} | {{NA}} | {{Yes}} | {{No-Under14}}  }}
{{PleadingsEnd}}

{{PleadingsHybridElection-Under14|s. 121 {{DescrSec|121}}}}

; Release
{{ReleaseOptions-Hybrid|s. 121 {{DescrSec|121}}}}

; Publication Bans
{{GeneralPubBan}}

; Offence Designations
{{DesignationHeader}}
|s. 121 {{DescrSec|121}}|| {{OKMark}} <!--wire--> || {{XMark}} <!--DO-->||{{XMark-Under10}} <!--SPIO--> || {{XMark}} <!--consent-->
{{DesignationEnd}}

{{WiretapDesignation|s. 121 {{DescrSec|121}}}}

{{SeeBelowForAncillary}}
{{reflist|2}}

==Offence Wording==

{{quotation2|
; Frauds on the government
121 (1) Every one commits an offence who
:(a) directly or indirectly
::(i) gives, offers or agrees to give or offer to an official or to any member of his family, or to any one for the benefit of an official, or
::(ii) being an official, demands, accepts or offers or agrees to accept from any person for himself or another person, a loan, reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with
::(iii) the transaction of business with or any matter of business relating to the government, or
::(iv) a claim against Her Majesty or any benefit that Her Majesty is authorized or is entitled to bestow,<br>

:whether or not, in fact, the official is able to cooperate, render assistance, exercise influence or do or omit to do what is proposed, as the case may be;
:(b) having dealings of any kind with the government, directly or indirectly pays a commission or reward to or confers an advantage or benefit of any kind on an employee or official of the government with which the dealings take place, or to any member of the employee’s or official’s family, or to anyone for the benefit of the employee or official, with respect to those dealings, unless the person has the consent in writing of the head of the branch of government with which the dealings take place;
:(c) being an official or employee of the government, directly or indirectly demands, accepts or offers or agrees to accept from a person who has dealings with the government a commission, reward, advantage or benefit of any kind for themselves or another person, unless they have the consent in writing of the head of the branch of government that employs them or of which they are an official;
:(d) having or pretending to have influence with the government or with a minister of the government or an official, directly or indirectly demands, accepts or offers or agrees to accept, for themselves or another person, a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with
::(i) anything mentioned in subparagraph (a)(iii) or (iv), or
::(ii) the appointment of any person, including themselves, to an office;
:(e) directly or indirectly gives or offers, or agrees to give or offer, to a minister of the government or an official, or to anyone for the benefit of a minister or an official, a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence, or an act or omission, by that minister or official, in connection with
::(i) anything mentioned in subparagraph (a)(iii) or (iv), or
::(ii) the appointment of any person, including themselves, to an office; or
:(f) having made a tender to obtain a contract with the government,
::(i) directly or indirectly gives or offers, or agrees to give or offer, to another person who has made a tender, to a member of that person’s family or to another person for the benefit of that person, a reward, advantage or benefit of any kind as consideration for the withdrawal of the tender of that person, or
::(ii) directly or indirectly demands, accepts or offers or agrees to accept from another person who has made a tender a reward, advantage or benefit of any kind for themselves or another person as consideration for the withdrawal of their own tender.<br>

; Contractor subscribing to election fund
(2) Every one commits an offence who, in order to obtain or retain a contract with the government, or as a term of any such contract, whether express or implied, directly or indirectly subscribes or gives, or agrees to subscribe or give, to any person any valuable consideration
:(a) for the purpose of promoting the election of a candidate or a class or party of candidates to Parliament or the legislature of a province; or
:(b) with intent to influence or affect in any way the result of an election conducted for the purpose of electing persons to serve in Parliament or the legislature of a province.<br>

; Punishment
(3) Every person who commits an offence 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., {{LegHistory80s|1985, c. C-46}}, s. 121; 
{{LegHistory00s|2007, c. 13}}, s. 5;
{{LegHistory10s|2019, c. 25}}, s. 33.
|[{{CCCSec|121}} CCC]
|{{NoteUp|121|1|2|3}}
}}

===Draft Form of Charges===
{{seealso|Draft Form of Charges}}

{{DraftHeader}}
|-
| 121
| 
|"{{ellipsis1}}, contrary to section 121 of the ''Criminal Code''.
{{DraftEnd}}

==Proof of the Offence==

{{ElementHeader}}

{{ElementLeft}}

{{Proving|frauds on the government - Participating in Bribery of an Official|121(1)(a)}}
{{InitialElements}}
# {{box}} the culprit did any of the following:
## {{box}} gives, offers or agrees to give or offer to an official or to any member of his family, or to any one for the benefit of an official, or
## {{box}} being an official, demands, accepts or offers or agrees to accept from any person for himself or another person, a loan, reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with
## {{box}} the transaction of business with or any matter of business relating to the government, or
## {{box}} a claim against Her Majesty or any benefit that Her Majesty is authorized or is entitled to bestow.

{{ElementRight}}

{{Proving|frauds on the government - Conferring Benefits on Employee or Official Without Consent|121(1)(b)}}
{{InitialElements}}
# {{box}} the culprit "pays a commission or reward to or confers an advantage or benefit of any kind on" a person;
# {{box}} the person is "an employee or official of the government with which the dealings take place, or to any member of the employee’s or official’s family, or to anyone for the benefit of the employee or official, with respect to those dealings," 
# {{box}} the person does not have "the consent in writing of the head of the branch of government with which the dealings take place"; and 
# {{box}} the prohibited conduct occurs while "having dealings of any kind with the government".

{{ElementLeft}}

{{Proving|frauds on the government - Employee or Official Requesting Benefits Without Consent|121(1)(c)}}
{{InitialElements}}
# {{box}} the culprit is "an official or employee of the government";
# {{box}} the person "has dealings with the government a commission, "
# {{box}} the culprit "directly or indirectly demands, accepts or offers or agrees to accept from a person" a thing;
# {{box}} the thing is a "reward, advantage or benefit of any kind"
# {{box}} the benefit was in favour of "themselves or another person"; and 
# {{box}} the person does not "have the consent in writing of the head of the branch of government that employs them or of which they are an official".

{{ElementRight}}

{{Proving|frauds on the government - influence peddling|121(1)(d)}}
{{InitialElements}}
# {{box}} the culprit "having or pretending to have influence" over a person;
# {{box}} the person is a "the government or with a minister of the government or an official" 
# {{box}} the culprit "directly or indirectly demands, accepts or offers or agrees to accept" a thing;
# {{box}} the thing is "a reward, advantage or benefit of any kind as consideration";
# {{box}} the benefit was in favour of "themselves or another person"; and 
# {{box}} the exchange is "for cooperation, assistance, exercise of influence or an act or omission in connection" with either:
## {{box}} anything mentioned in subparagraph (a)(iii) or (iv), or
## {{box}} the appointment of any person, including themselves, to an office.

{{ElementLeft}}

{{Proving|frauds on the government - Bribery of a Minister|121(1)(e)}}
{{InitialElements}}
# {{box}} the culprit "directly or indirectly gives or offers, or agrees to give or offer," to a person;
# {{box}} the person is "a minister of the government or an official, or to anyone for the benefit of a minister or an official,"
# {{box}} the subject is "a reward, advantage or benefit of any kind as consideration"
# {{box}} the exchange is "for cooperation, assistance, exercise of influence, or an act or omission, by that minister or official, in connection with"
# either:
## {{box}} anything mentioned in subparagraph (a)(iii) or (iv), or
## {{box}} the appointment of any person, including themselves, to an office

{{ElementRight}}

{{Proving|frauds on the government - Participating in Bribery Relating to Tenders|121(1)(f)}}
{{InitialElements}}
# {{box}} the culprit "made a tender to obtain a contract with the government",
# {{box}} the culprit either:
## {{box}} "directly or indirectly gives or offers, or agrees to give or offer, to another person who has made a tender, to a member of that person’s family or to another person for the benefit of that person, a reward, advantage or benefit of any kind as consideration for the withdrawal of the tender of that person, or
## {{box}} "directly or indirectly demands, accepts or offers or agrees to accept from another person who has made a tender a reward, advantage or benefit of any kind for themselves or another person as consideration for the withdrawal of their own tender."

{{ElementLeft}}

{{Proving|Contractor subscribing to election fund|121(2)}}
{{InitialElements}}
# {{box}} the culprit "directly or indirectly subscribes or gives, or agrees to subscribe or give, to any person" a thing;
# {{box}} the thing is "any valuable consideration";
# {{box}} the prohibited conduct was "in order to obtain or retain a contract with the government"; 
# the prohibited conduct was either:
## {{box}} "for the purpose of promoting the election of a candidate or a class or party of candidates to Parliament or the legislature of a province"; or
## {{box}} "with intent to influence or affect in any way the result of an election conducted for the purpose of electing persons to serve in Parliament or the legislature of a province."

{{ElementRight}}

{{ElementEnd}}

==Interpretation of the Offence==

{{Reflist|2}}

===Participating in Bribery of an Official - s. 121(1)(a)===
{{Reflist|2}}

===Conferring Benefits on Employee or Official Without Consent - s. 121(1)(b)===
{{Reflist|2}}

===Employee or Official Requesting Benefits Without Consent - s. 121(1)(c)===
; Completion of Offence Under s. 121(1)(c)
Fraud under s. 121(1)(c) is complete once the benefit is paid to a family member.<ref>
{{CanLIIRP|Mathur|29jj2|2010 ONCA 311 (CanLII)|266 OAC 249}}{{perONCA| Weiler and MacFarland JJA}}
</ref>
{{Reflist|2}}

===Influence Peddling - s. 121(1)(d)===
The purpose of the offence under s. 121(1)(d) is to "preserve both government integrity and the appearance of government integrity".<ref>
{{CanLIIRP|Carson|hr51s|2018 SCC 12 (CanLII)|145 WCB (2d) 82}}{{perSCC|Karakatsanis J}}{{atL|hr51s|1}}<br>
</ref>

; "in connection with a matter of business"
It is an essential element that the subject-matter of influence "actually" be connected to government.<ref>
{{ibid1|Carson}}{{atL|hr51s|26}}<br>
</ref>

The terms found in  should not be interpreted strictly.<ref>
{{ibid1|Carson}}{{atsL|hr51s|5|}}, {{atsL-np|atL|hr51s|24}}<br>
</ref>

; "relating to the government"
A "matter of business" relates to government if its mandate is "facilitated by government".<ref>
{{ibid1|Carson}}{{atL|hr51s|5}}<br>
</ref>
This includes any commercial transaction where the government "could impose or amend terms and conditions that would favour one vendor over others."<ref>
{{ibid1|Carson}}{{atL|hr51s|5}}
</ref>

Where an accused subjectively believes the promised influence is connected to a matter of business that relates to the government, but the connection cannot be proven as a fact, then the accused is guilty of attempting to commit the offence.<ref>
{{ibid1|Carson}}{{atL|hr51s|29}}<br>
</ref>

The meaning of "government" does not "depend on some government action or can be facilitated by government under its existing operational structure".<ref>
{{ibid1|Carson}}{{atL|hr51s|41}}<br>
</ref> 

{{Reflist|2}}

===Bribery of a Minister - s. 121(1)(e)===
{{Reflist|2}}

===Participating in Bribery Relating to Tenders - s. 121(1)(f)===

{{Reflist|2}}

==Participation of Third Parties==
{{seealso|Role of the Victim and Third Parties|Testimonial Aids for Young, Disabled or Vulnerable Witnesses}}

; Testimonial Aids
{{3rdPTestimonyAids}}

; On Finding of Guilt 
{{VictimHeader}} <!-- Sections / Notice of Agree / Notice of Restitution / Notice of VIS --> 
|s. x {{DescrSec|x}} || || || 
|- 
{{VictimEnd}}


{{606Notice5Y|s. 121 {{DescrSec|121}} }}

{{RestitutionNotice}}

{{VISNotice}}

==Sentencing Principles and Ranges==
{{seealsoSentencing}}

; Maximum Penalties
{{SProfileMaxHeader}}
{{SProfileMax|s. 121 {{DescrSec|121}} | {{NA}} | {{Max5Years}} }}
{{SProfileEnd}}

{{MaxPenaltyIndictment|s. 121 {{DescrSec|121}} |'''{{Max5Years}}'''}}

; Minimum Penalties
{{NoMinimumPenalties}}

; Available Dispositions
{{SProfileAvailHeader}}
|s. 121 {{DescrSec|121}} || {{NA}} || {{SProfileAll}}
|-
{{SProfileEnd}}

{{AllDispositionsAvailable}}

; Consecutive Sentences
{{NoConsecutive}}

==Ancillary Sentencing Orders==
{{seealso|Ancillary Orders}}
	
; Offence-specific Orders
{{AOrderHeader}}
| [[DNA Orders]] || s. 121 {{DescrSec|121}} ||
* {{SecondDNA(AorB)|s. 121 {{DescrSec|121}}}}
{{AOrderEnd}}

; General Sentencing Orders
{{GeneralSentencingOrders}}

; General Forfeiture Orders
{{GeneralForfeitureOrders}}

==Record Suspensions and Pardons== 

{{RecordSuspension|s. 121 {{DescrSec|121}} }}

==History==
{{seealso|List of Criminal Code Amendments|Table of Concordance (Criminal Code)}}

===1985 to 2007===
{{quotation1|
; Frauds on the government
121 (1) Every one commits an offence who
:(a) directly or indirectly
::(i) gives, offers or agrees to give or offer to an official or to any member of his family, or to any one for the benefit of an official, or
::(ii) being an official, demands, accepts or offers or agrees to accept from any person for himself or another person,

a loan, reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with
::(iii) the transaction of business with or any matter of business relating to the government, or
::(iv) a claim against Her Majesty or any benefit that Her Majesty is authorized or is entitled to bestow,

whether or not, in fact, the official is able to cooperate, render assistance, exercise influence or do or omit to do what is proposed, as the case may be;
:(b) having dealings of any kind with the government, pays a commission or reward to or confers an advantage or benefit of any kind on an employee or official of the government with which he deals, or to any member of his family, or to any one for the benefit of the employee or official, with respect to those dealings, unless he has the consent in writing of the head of the branch of government with which he deals, the proof of which lies on him;
:(c) being an official or employee of the government, demands, accepts or offers or agrees to accept from a person who has dealings with the government a commission, reward, advantage or benefit of any kind directly or indirectly, by himself or through a member of his family or through any one for his benefit, unless he has the consent in writing of the head of the branch of government that employs him or of which he is an official, the proof of which lies on him;
:(d) having or pretending to have influence with the government or with a minister of the government or an official, demands, accepts or offers or agrees to accept for himself or another person a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with
::(i) anything mentioned in subparagraph (a)(iii) or (iv), or
::(ii) the appointment of any person, including himself, to an office;
:(e) gives, offers or agrees to give or offer to a minister of the government or an official a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with
::(i) anything mentioned in subparagraph (a)(iii) or (iv), or
::(ii) the appointment of any person, including himself, to an office; or
:(f) having made a tender to obtain a contract with the government
::(i) gives, offers or agrees to give or offer to another person who has made a tender or to a member of his family, or to another person for the benefit of that person, a reward, advantage or benefit of any kind as consideration for the withdrawal of the tender of that person, or
::(ii) demands, accepts or offers or agrees to accept from another person who has made a tender a reward, advantage or benefit of any kind as consideration for the withdrawal of his tender.

; Contractor subscribing to election fund
(2) Every one commits an offence who, in order to obtain or retain a contract with the government, or as a term of any such contract, whether express or implied, directly or indirectly subscribes or gives, or agrees to subscribe or give, to any person any valuable consideration
:(a) for the purpose of promoting the election of a candidate or a class or party of candidates to Parliament or the legislature of a province; or
:(b) with intent to influence or affect in any way the result of an election conducted for the purpose of electing persons to serve in Parliament or the legislature of a province.

; Punishment
(3) Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
<br>
R.S., c. C-34, s. 110.
|[http://canlii.ca/t/hzbn#sec121 CCC]
|{{NoteUp|}}
}}

==See Also==
; References
* [[Pre-Trial and Trial Motions Checklist]]

{{OffencesNavBar/Property}}