Marginal note:Secret commissions

• 426. (1) Every one commits an offence who

  • (a) directly or indirectly, corruptly gives, offers or agrees to give or offer to an agent or to anyone for the benefit of the agent — or, being an agent, directly or indirectly, corruptly demands, accepts or offers or agrees to accept from any person, for themselves or another person — any reward, advantage or benefit of any kind as consideration for doing or not doing, or for having done or not done, any act relating to the affairs or business of the agent’s principal, or for showing or not showing favour or disfavour to any person with relation to the affairs or business of the agent’s principal; or

  • (b) with intent to deceive a principal, gives to an agent of that principal, or, being an agent, uses with intent to deceive his principal, a receipt, an account or other writing

    • (i) in which the principal has an interest,

    • (ii) that contains any statement that is false or erroneous or defective in any material particular, and

    • (iii) that is intended to mislead the principal.

• Marginal note:Privity to offence

  (2) Every one commits an offence who is knowingly privy to the commission of an offence under subsection (1).

• Marginal note:Punishment

  (3) A person who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

• Definition of “agent” and “principal”

  (4) In this section, “agent” includes an employee, and “principal” includes an employer.

Marginal note:Issuing trading stamps

• 427. (1) Every one who, by himself or his employee or agent, directly or indirectly issues, gives, sells or otherwise disposes of, or offers to issue, give, sell or otherwise dispose of trading stamps to a merchant or dealer in goods for use in his business is guilty of an offence punishable on summary conviction.

• Marginal note:Giving to purchaser of goods

  (2) Every one who, being a merchant or dealer in goods, by himself or his employee or agent, directly or indirectly gives or in any way disposes of, or offers to give or in any way dispose of, trading stamps to a person who purchases goods from him is guilty of an offence punishable on summary conviction.

Definition of “property”

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