Miscellaneous Administration of Justice Offences

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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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 (CanLII), (DOJ)

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Disclosure of Jury Proceedings

[Pt. XX – Procedure in Jury Trials and General Provisions (ss. 574 to 672)]

Disclosure of jury proceedings

649 (1) Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who 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.

Exceptions

(2) Subsection (1) does not apply in respect of the disclosure of information for the purposes of

(a) an investigation of an alleged offence under subsection 139(2) [obstructing justice – other conduct] in relation to a juror;

(b) giving evidence in criminal proceedings in relation to such an offence; or

(c) any medical or psychiatric treatment or any therapy or counselling that a person referred to in subsection (1) receives from a health care professional after the completion of the trial in relation to health issues arising out of or related to the person’s service at the trial as a juror or as a person who provided support services to a juror.

Health care professional

(3) For the purpose of paragraph (2)‍(c) , the health care professional who provides any medical or psychiatric treatment or any therapy or counselling must be entitled to do so under the laws of a province.

R.S., 1985, c. C-46, s. 649; 1998, c. 9, s. 7; 2022, c. 12, s. 1.

– CCC (CanLII), (DOJ)

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See Also

• Miscellaneous Offences Against Public Order
• Miscellaneous Firearms Offences
• Miscellaneous Sexual Offences
• Miscellaneous Offences Against the Person
• Miscellaneous Offences Against Property
• Miscellaneous Fraudulent Offences
• Miscellaneous Currency Offences