Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Regulations

• 117.15 (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed.

• Marginal note:Restriction

  (2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes.

• (3) [Repealed, 2019, c. 9, s. 18]

• (4) [Repealed, 2019, c. 9, s. 18]

PART IVOffences Against the Administration of Law and Justice

Interpretation

Marginal note:Definitions

118 In this Part,

evidence

evidence or statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not; (témoignage, déposition ou déclaration)

government

government means

• (a) the Government of Canada,

• (b) the government of a province, or

• (c) Her Majesty in right of Canada or a province; (gouvernement)

judicial proceeding

judicial proceeding means a proceeding

• (a) in or under the authority of a court of justice,

• (b) before the Senate or House of Commons or a committee of the Senate or House of Commons, or before a legislative council, legislative assembly or house of assembly or a committee thereof that is authorized by law to administer an oath,

• (c) before a court, judge, justice, provincial court judge or coroner,

• (d) before an arbitrator or umpire, or a person or body of persons authorized by law to make an inquiry and take evidence therein under oath, or

• (e) before a tribunal by which a legal right or legal liability may be established,

whether or not the proceeding is invalid for want of jurisdiction or for any other reason; (procédure judiciaire)

office

office includes

• (a) an office or appointment under the government,

• (b) a civil or military commission, and

• (c) a position or an employment in a public department; (charge ou emploi)

official

official means a person who

• (a) holds an office, or

• (b) is appointed or elected to discharge a public duty; (fonctionnaire)

witness

witness means a person who gives evidence orally under oath or by affidavit in a judicial proceeding, whether or not he is competent to be a witness, and includes a child of tender years who gives evidence but does not give it under oath, because, in the opinion of the person presiding, the child does not understand the nature of an oath. (témoin)

Corruption and Disobedience

Marginal note:Bribery of judicial officers, etc.

• 119 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who

  • (a) being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

  • (b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by that person in their official capacity.

• Marginal note:Consent of Attorney General

  (2) No proceedings against a person who holds a judicial office shall be instituted under this section without the consent in writing of the Attorney General of Canada.

Marginal note:Bribery of officers

120 Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who

• (a) being a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment with intent

  • (i) to interfere with the administration of justice,

  • (ii) to procure or facilitate the commission of an offence, or

  • (iii) to protect from detection or punishment a person who has committed or who intends to commit an offence; or

• (b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment with intent that the person should do anything mentioned in subparagraph (a)(i), (ii) or (iii).

Marginal note:Frauds on the government

• 121 (1) Every one commits an offence who

  • (a) directly or indirectly

    • (i) gives, offers or agrees to give or offer to an official or to any member of his family, or to any one for the benefit of an official, or

    • (ii) being an official, demands, accepts or offers or agrees to accept from any person for himself or another person,

    a loan, reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

    • (iii) the transaction of business with or any matter of business relating to the government, or

    • (iv) a claim against Her Majesty or any benefit that Her Majesty is authorized or is entitled to bestow,

    whether or not, in fact, the official is able to cooperate, render assistance, exercise influence or do or omit to do what is proposed, as the case may be;

  • (b) having dealings of any kind with the government, directly or indirectly pays a commission or reward to or confers an advantage or benefit of any kind on an employee or official of the government with which the dealings take place, or to any member of the employee’s or official’s family, or to anyone for the benefit of the employee or official, with respect to those dealings, unless the person has the consent in writing of the head of the branch of government with which the dealings take place;

  • (c) being an official or employee of the government, directly or indirectly demands, accepts or offers or agrees to accept from a person who has dealings with the government a commission, reward, advantage or benefit of any kind for themselves or another person, unless they have the consent in writing of the head of the branch of government that employs them or of which they are an official;

  • (d) having or pretending to have influence with the government or with a minister of the government or an official, directly or indirectly demands, accepts or offers or agrees to accept, for themselves or another person, a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

    • (i) anything mentioned in subparagraph (a)(iii) or (iv), or

    • (ii) the appointment of any person, including themselves, to an office;

  • (e) directly or indirectly gives or offers, or agrees to give or offer, to a minister of the government or an official, or to anyone for the benefit of a minister or an official, a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence, or an act or omission, by that minister or official, in connection with

    • (i) anything mentioned in subparagraph (a)(iii) or (iv), or

    • (ii) the appointment of any person, including themselves, to an office; or

  • (f) having made a tender to obtain a contract with the government,

    • (i) directly or indirectly gives or offers, or agrees to give or offer, to another person who has made a tender, to a member of that person’s family or to another person for the benefit of that person, a reward, advantage or benefit of any kind as consideration for the withdrawal of the tender of that person, or

    • (ii) directly or indirectly demands, accepts or offers or agrees to accept from another person who has made a tender a reward, advantage or benefit of any kind for themselves or another person as consideration for the withdrawal of their own tender.

• Marginal note:Contractor subscribing to election fund

  (2) Every one commits an offence who, in order to obtain or retain a contract with the government, or as a term of any such contract, whether express or implied, directly or indirectly subscribes or gives, or agrees to subscribe or give, to any person any valuable consideration

  • (a) for the purpose of promoting the election of a candidate or a class or party of candidates to Parliament or the legislature of a province; or

  • (b) with intent to influence or affect in any way the result of an election conducted for the purpose of electing persons to serve in Parliament or the legislature of a province.

• Marginal note:Punishment

  (3) Every person who commits an offence under this section 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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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; or

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

• (5) [Repealed, 2022, c. 15, s. 9]

Marginal note:Breach of trust by public officer

122 Every official who, in connection with the duties of their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person, 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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.