Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2017-07-03 and last amended on 2017-06-19. Previous Versions

Specific Rules of Forfeiture

Marginal note:Specific forfeiture provisions unaffected by this Part
  •  (1) This Part does not affect the operation of any other provision of this or any other Act of Parliament respecting the forfeiture of property.

  • Marginal note:Priority for restitution to victims of crime

    (2) The property of an offender may be used to satisfy the operation of a provision of this or any other Act of Parliament respecting the forfeiture of property only to the extent that it is not required to satisfy the operation of any other provision of this or any other Act of Parliament respecting restitution to or compensation of persons affected by the commission of offences.

  • R.S., 1985, c. 42 (4th Supp.), s. 2.

Regulations

Marginal note:Regulations

 The Attorney General may make regulations governing the manner of disposing of or otherwise dealing with, in accordance with the law, property forfeited under this Part.

  • R.S., 1985, c. 42 (4th Supp.), s. 2.

PART XIIIAttempts — Conspiracies — Accessories

Marginal note:Attempts, accessories

 Except where otherwise expressly provided by law, the following provisions apply in respect of persons who attempt to commit or are accessories after the fact to the commission of offences:

  • (a) every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to be sentenced to imprisonment for life is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years;

  • (b) every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to imprisonment for fourteen years or less is guilty of an indictable offence and liable to imprisonment for a term that is one-half of the longest term to which a person who is guilty of that offence is liable;

  • (c) every one who attempts to commit or is an accessory after the fact to the commission of an offence punishable on summary conviction is guilty of an offence punishable on summary conviction; and

  • (d) every one who attempts to commit or is an accessory after the fact to the commission of an offence for which the offender may be prosecuted by indictment or for which he is punishable on summary conviction

    • (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding a term that is one-half of the longest term to which a person who is guilty of that offence is liable, or

    • (ii) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 463;
  • R.S., 1985, c. 27 (1st Supp.), s. 59;
  • 1998, c. 35, s. 120.
Marginal note:Counselling offence that is not committed

 Except where otherwise expressly provided by law, the following provisions apply in respect of persons who counsel other persons to commit offences, namely,

  • (a) every one who counsels another person to commit an indictable offence is, if the offence is not committed, guilty of an indictable offence and liable to the same punishment to which a person who attempts to commit that offence is liable; and

  • (b) every one who counsels another person to commit an offence punishable on summary conviction is, if the offence is not committed, guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 464;
  • R.S., 1985, c. 27 (1st Supp.), s. 60.
Marginal note:Conspiracy
  •  (1) Except where otherwise expressly provided by law, the following provisions apply in respect of conspiracy:

    • (a) every one who conspires with any one to commit murder or to cause another person to be murdered, whether in Canada or not, is guilty of an indictable offence and liable to a maximum term of imprisonment for life;

    • (b) every one who conspires with any one to prosecute a person for an alleged offence, knowing that he did not commit that offence, is guilty of an indictable offence and liable

      • (i) to imprisonment for a term not exceeding ten years, if the alleged offence is one for which, on conviction, that person would be liable to be sentenced to imprisonment for life or for a term not exceeding fourteen years, or

      • (ii) to imprisonment for a term not exceeding five years, if the alleged offence is one for which, on conviction, that person would be liable to imprisonment for less than fourteen years;

    • (c) every one who conspires with any one to commit an indictable offence not provided for in paragraph (a) or (b) is guilty of an indictable offence and liable to the same punishment as that to which an accused who is guilty of that offence would, on conviction, be liable; and

    • (d) every one who conspires with any one to commit an offence punishable on summary conviction is guilty of an offence punishable on summary conviction.

  • (2) [Repealed, 1985, c. 27 (1st Supp.), s. 61]

  • Marginal note:Conspiracy to commit offences

    (3) Every one who, while in Canada, conspires with any one to do anything referred to in subsection (1) in a place outside Canada that is an offence under the laws of that place shall be deemed to have conspired to do that thing in Canada.

  • Marginal note:Idem

    (4) Every one who, while in a place outside Canada, conspires with any one to do anything referred to in subsection (1) in Canada shall be deemed to have conspired in Canada to do that thing.

  • Marginal note:Jurisdiction

    (5) Where a person is alleged to have conspired to do anything that is an offence by virtue of subsection (3) or (4), 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.

  • Marginal note:Appearance of accused at trial

    (6) 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 (5).

  • Marginal note:Where previously tried outside Canada

    (7) Where a person is alleged to have conspired to do anything that is an offence by virtue of subsection (3) or (4) and that person has been tried and dealt with outside Canada in respect of the offence in such a manner that, if the person had been tried and dealt with in Canada, he would be able to plead autrefois acquit, autrefois convict or pardon, the person shall be deemed to have been so tried and dealt with in Canada.

  • R.S., 1985, c. C-46, s. 465;
  • R.S., 1985, c. 27 (1st Supp.), s. 61;
  • 1998, c. 35, s. 121.
Marginal note:Conspiracy in restraint of trade
  •  (1) A conspiracy in restraint of trade is an agreement between two or more persons to do or to procure to be done any unlawful act in restraint of trade.

  • Marginal note:Trade union, exception

    (2) The purposes of a trade union are not, by reason only that they are in restraint of trade, unlawful within the meaning of subsection (1).

  • R.S., 1985, c. C-46, s. 466;
  • 1992, c. 1, s. 60(F).
Marginal note:Saving
  •  (1) No person shall be convicted of the offence of conspiracy by reason only that he

    • (a) refuses to work with a workman or for an employer; or

    • (b) does any act or causes any act to be done for the purpose of a trade combination, unless that act is an offence expressly punishable by law.

  • Definition of trade combination

    (2) In this section, trade combination means any combination between masters or workmen or other persons for the purpose of regulating or altering the relations between masters or workmen, or the conduct of a master or workman in or in respect of his business, employment or contract of employment or service.

  • R.S., c. C-34, s. 425.
Marginal note:Definitions
  •  (1) The following definitions apply in this Act.

    criminal organization

    organisation criminelle

    criminal organization means a group, however organized, that

    • (a) is composed of three or more persons in or outside Canada; and

    • (b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group.

    It does not include a group of persons that forms randomly for the immediate commission of a single offence. (organisation criminelle)

    serious offence

    infraction grave

    serious offence means an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, or another offence that is prescribed by regulation. (infraction grave)

  • Marginal note:Facilitation

    (2) For the purposes of this section, section 467.11 and 467.111, facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated, or that an offence actually be committed.

  • Marginal note:Commission of offence

    (3) In this section and in sections 467.11 to 467.13, committing an offence means being a party to it or counselling any person to be a party to it.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations prescribing offences that are included in the definition serious offence in subsection (1).

  • 1997, c. 23, s. 11;
  • 2001, c. 32, s. 27;
  • 2014, c. 17, s. 8.
 
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