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.
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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.
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 meaning assigned by section 214.
R.S., 1985, c. C-46, s. 335; R.S., 1985, c. 1 (4th Supp.), s. 15; 1997, c. 18, s. 15.
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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
Public servant refusing to deliver property
337. Every one who, being or having been employed in the service of Her Majesty in right of Canada or a province, or in the service of a municipality, and entrusted by virtue of that employment with the receipt, custody, management or control of anything, refuses or fails to deliver it to a person who is authorized to demand it and does demand it is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 297.
– CCC
Section 337 was legislated in order to "prevent theft by public employees of their monies, documents, or other chattel" possessed through employment.[1] The party requesting the thing must be a person in authority in an employee/employer relationship.[2]
Fraudulently taking cattle or defacing brand
338. (1) Every one 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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Punishment for theft of cattle
(2) Every one who commits theft of cattle is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.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., c. C-34, s. 298; 1974-75-76, c. 93, s. 26.
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Theft of Drift Timber
Taking possession, etc., of drift timber
339. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, without the consent of the owner,
- (a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells,
- (b) removes, alters, obliterates or defaces a mark or number on, or
- (c) refuses to deliver up to the owner or to the person in charge thereof on behalf of the owner or to a person authorized by the owner to receive it,
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.
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.R.S., c. C-34, s. 299.
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Destroying Title Documents
Destroying documents of title
340. Every one 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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
R.S., c. C-34, s. 300.
– CCC
Fraudulent Concealment
Fraudulent concealment
341. Every one who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 301.
– 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
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 not exceeding $25,000 or to imprisonment for a term not exceeding six months 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.
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- 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.
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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 one 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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
- 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.
...
“licence” includes any authorization.R.S., 1985, c. C-46, s. 353; 1997, c. 18, s. 22.
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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.
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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.
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Importing Stolen Property
Bringing into Canada property obtained by crime
357. Every one who brings into or has in Canada anything that he has obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 is guilty of an indictable offence and liable to a term of imprisonment not exceeding ten years.
R.S., 1985, c. C-46, s. 357; R.S., 1985, c. 27 (1st Supp.), s. 50.
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Having in possession when complete
358. For the purposes of sections 342 and 354 and paragraph 356(1)(b), the offence of having in possession is complete when a person has, alone or jointly with another person, possession of or control over anything mentioned in those sections or when he aids in concealing or disposing of it, as the case may be.
R.S., 1985, c. C-46, s. 358; R.S., 1985, c. 27 (1st Supp.), s. 50.
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Obtaining execution of valuable security by fraud
Obtaining execution of valuable security by fraud
363. Every one 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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 321.
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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.
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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.
Counterfeit proclamation, etc.
370. Every one who knowingly
- (a) prints any proclamation, order, regulation or appointment, or notice thereof, and causes it falsely to purport to have been printed by the Queen’s Printer for Canada or the Queen’s Printer for a province, or
- (b) tenders in evidence a copy of any proclamation, order, regulation or appointment that falsely purports to have been printed by the Queen’s Printer for Canada or the Queen’s Printer for a province,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 328.
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Message in a False Name
Message in false name
371 Everyone who, with intent to defraud, causes a message to be sent as if it were sent under the authority of another person, knowing that it is not sent under that authority and with intent that it should be acted on as if it were, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
R.S., 1985, c. C-46, s. 371; 2014, c. 31, s. 18.
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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.
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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.
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Counterfeiting stamps and marks
Counterfeiting stamp, etc.
376. (1) Every one who
- (a) fraudulently uses, mutilates, affixes, removes or counterfeits a stamp or part thereof,
- (b) knowingly and without lawful excuse, the proof of which lies on him, has in his 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, the proof of which lies on him, makes or knowingly has in his possession a die or instrument that is capable of making the impression of a stamp or part thereof,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
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;
...
“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.R.S., c. C-34, s. 334.
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Damaging Documents
Damaging documents
377. (1) Every one 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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
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., c. C-34, s. 335.
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Register Offences
Offences in relation to registers
378. Every one 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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 336.
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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.
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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.
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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.
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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.
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Explosive or other lethal device
- 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.
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“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.
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“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.
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“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.
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“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.
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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.
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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.
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Interfering with saving of wrecked vessel
Interfering with saving of wrecked vessel
438. (1) Every one who wilfully prevents or impedes, or who wilfully 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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
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., c. C-34, s. 394.
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s. 2
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"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)
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R.S., 1985, c. C-46, s. 2;...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.
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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 one who wilfully alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
R.S., c. C-34, s. 395.
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Removing natural bar without permission
Removing natural bar without permission
440. Every one who wilfully and without the written permission of the Minister of Transport, the burden of proof of which lies on the accused, 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 an indictable offence and liable to imprisonment for a term not exceeding two years.R.S., c. C-34, s. 396.
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Occupant injuring building
Occupant injuring building
441. Every one who, wilfully and to the prejudice of a mortgagee or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which he is in possession or occupation, or severs from the freehold any fixture fixed therein or thereto, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.R.S., c. C-34, s. 397.
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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.
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Interfering with international boundary marks, etc.
Interfering with international boundary marks, etc.
443. (1) Every one who wilfully 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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
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., c. C-34, s. 399.
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Injuring Cattle
Cattle and Other Animals
Injuring or endangering cattle
444. (1) Every one commits an offence who wilfully
- (a) kills, maims, wounds, poisons or injures cattle; or
- (b) places poison in such a position that it may easily be consumed by cattle.
- 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 not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
R.S., 1985, c. C-46, s. 444; 2008, c. 12, s. 1.
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Cockpit
Keeping cockpit
447. (1) Every one commits an offence who builds, makes, maintains or keeps a cockpit on premises that he or she owns or occupies, or allows a cockpit 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 not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
- Confiscation
(3) A peace officer who finds cocks in a cockpit or on premises where a cockpit is located shall seize them and take them before a justice who shall order them to be destroyed.
R.S., 1985, c. C-46, s. 447; 2008, c. 12, s. 1.
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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.
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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.
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Repealed Offences Against Property
Pretending to Practise Witchcraft
Pretending to practise witchcraft, etc.
365. Every one who fraudulently
- (a) pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration,
- (b) undertakes, for a consideration, to tell fortunes, or
- (c) pretends from his skill in or knowledge of an occult or crafty science to discover where or in what manner anything that is supposed to have been stolen or lost may be found,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 323.
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Repealed December 13, 2018 (see List of Criminal Code Amendments).
See Also
- Miscellaneous Offences Against Public Order
- Miscellaneous Firearms Offences
- Miscellaneous Administration of Justice Offences
- Miscellaneous Sexual Offences
- Miscellaneous Offences Against the Person
- Miscellaneous Fraudulent Offences
- Miscellaneous Currency Offences
- ↑
Ambrosi v. British Columbia (Attorney General), 2014 BCCA 123 (CanLII), per Bennett JA (3:0), at para 54
- ↑
Ambrosi, ibid. at para 56