Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-06 and last amended on 2015-07-23. Previous Versions

Marginal note:Offences in relation to mines
  •  (1) Every one who

    • (a) adds anything to or removes anything from any existing or prospective mine, mining claim or oil well with a fraudulent intent to affect the result of an assay, a test or a valuation that has been made or is to be made with respect to the mine, mining claim or oil well, or

    • (b) adds anything to, removes anything from or tampers with a sample or material that has been taken or is being or is about to be taken from any existing or prospective mine, mining claim or oil well for the purpose of being assayed, tested or otherwise valued, with a fraudulent intent to affect the result of the assay, test or valuation,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Presumption

    (2) For the purposes of proceedings under subsection (1), evidence that

    • (a) something has been added to or removed from anything to which subsection (1) applies, or

    • (b) anything to which subsection (1) applies has been tampered with,

    is, in the absence of any evidence to the contrary, proof of a fraudulent intent to affect the result of an assay, a test or a valuation.

  • R.S., c. C-34, s. 354.

Falsification of Books and Documents

Marginal note:Books and documents
  •  (1) Every one who, with intent to defraud,

    • (a) destroys, mutilates, alters, falsifies or makes a false entry in, or

    • (b) omits a material particular from, or alters a material particular in,

    a book, paper, writing, valuable security or document is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Privy

    (2) Every one who, with intent to defraud his creditors, is privy to the commission of an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 355.
Marginal note:Falsifying employment record

 Every one who, with intent to deceive, falsifies an employment record by any means, including the punching of a time clock, is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 398;
  • 1992, c. 1, s. 60(F).
Marginal note:False return by public officer

 Every one who, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of

  • (a) any sum of money collected by him or entrusted to his care, or

  • (b) any balance of money in his hands or under his control,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 357.
Marginal note:False prospectus, etc.
  •  (1) Every one who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that he knows is false in a material particular, with intent

    • (a) to induce persons, whether ascertained or not, to become shareholders or partners in a company,

    • (b) to deceive or defraud the members, shareholders or creditors, whether ascertained or not, of a company, or

    • (c) to induce any person to

      • (i) entrust or advance anything to a company, or

      • (ii) enter into any security for the benefit of a company,

    • (d) [Repealed, 1994, c. 44, s. 26]

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Definition of “company”

    (2) In this section, company means a syndicate, body corporate or company, whether existing or proposed to be created.

  • R.S., 1985, c. C-46, s. 400;
  • 1994, c. 44, s. 26.
Marginal note:Obtaining carriage by false billing
  •  (1) Every one who, by means of a false or misleading representation, knowingly obtains or attempts to obtain the carriage of anything by any person into a country, province, district or other place, whether or not within Canada, where the importation or transportation of it is, in the circumstances of the case, unlawful is guilty of an offence punishable on summary conviction.

  • Marginal note:Forfeiture

    (2) Where a person is convicted of an offence under subsection (1), anything by means of or in relation to which the offence was committed, on such conviction, in addition to any punishment that is imposed, is forfeited to Her Majesty and shall be disposed of as the court may direct.

  • R.S., c. C-34, s. 359.
Marginal note:Trader failing to keep accounts
  •  (1) Every one who, being a trader or in business,

    • (a) is indebted in an amount exceeding one thousand dollars,

    • (b) is unable to pay his creditors in full, and

    • (c) has not kept books of account that, in the ordinary course of the trade or business in which he is engaged, are necessary to exhibit or explain his transactions,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Saving

    (2) No person shall be convicted of an offence under this section

    • (a) where, to the satisfaction of the court or judge, he

      • (i) accounts for his losses, and

      • (ii) shows that his failure to keep books was not intended to defraud his creditors; or

    • (b) where his failure to keep books occurred at a time more than five years prior to the day on which he was unable to pay his creditors in full.

  • R.S., c. C-34, s. 360.

Identity Theft and Identity Fraud

Definition of identity information

 For the purposes of sections 402.2 and 403, identity information means any information — including biological or physiological information — of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including a fingerprint, voice print, retina image, iris image, DNA profile, name, address, date of birth, written signature, electronic signature, digital signature, user name, credit card number, debit card number, financial institution account number, passport number, Social Insurance Number, health insurance number, driver’s licence number or password.

  • 2009, c. 28, s. 10.
Marginal note:Identity theft
  •  (1) Everyone commits an offence who knowingly obtains or possesses another person’s identity information in circumstances giving rise to a reasonable inference that the information is intended to be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

  • Marginal note:Trafficking in identity information

    (2) Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person’s identity information, or has it in their possession for any of those purposes, knowing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

  • Marginal note:Clarification

    (3) For the purposes of subsections (1) and (2), an indictable offence referred to in either of those subsections includes an offence under any of the following sections:

    • (a) section 57 (forgery of or uttering forged passport);

    • (b) section 58 (fraudulent use of certificate of citizenship);

    • (c) section 130 (personating peace officer);

    • (d) section 131 (perjury);

    • (e) section 342 (theft, forgery, etc., of credit card);

    • (f) section 362 (false pretence or false statement);

    • (g) section 366 (forgery);

    • (h) section 368 (use, trafficking or possession of forged document);

    • (i) section 380 (fraud); and

    • (j) section 403 (identity fraud).

  • Marginal note:Jurisdiction

    (4) An accused who is charged with an offence under subsection (1) or (2) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody. However, no proceeding in respect of the offence shall be commenced in a province without the consent of the Attorney General of that province if the offence is alleged to have been committed outside that province.

  • Marginal note:Punishment

    (5) Everyone who commits an offence under subsection (1) or (2)

    • (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.

  • 2009, c. 28, s. 10.
 
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