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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-12-03 and last amended on 2019-09-19. Previous Versions

PART XFraudulent Transactions Relating to Contracts and Trade (continued)

Fraud (continued)

Marginal note:Fraudulent concealment of title documents

  •  (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, being a vendor, mortgagor or hypothecary debtor of property or a chose in action or an incorporeal right or being a lawyer or notary for or agent or mandatary of a vendor, mortgagor or hypothecary debtor of property, a chose in action or incorporeal right, is served with a written demand for an abstract of title by or on behalf of the purchaser, mortgagee or hypothecary creditor before the completion of the purchase, mortgage or hypothec, and who

    • (a) with intent to defraud and for the purpose of inducing the purchaser, mortgagee or hypothecary creditor to accept the title offered or produced to them, conceals from them any settlement, deed, will or other instrument or act material to the title, or any encumbrance on the title, or

    • (b) falsifies any pedigree on which the title depends.

  • Marginal note:Consent required

    (2) No proceedings shall be instituted under this section without the consent of the Attorney General.

  • R.S., 1985, c. C-46, s. 385
  • 2019, c. 25, s. 142

Marginal note:Fraudulent registration of title

 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, as principal, agent or mandatary in a proceeding to register title to real property or immovable property, or in a transaction relating to real property or immovable property that is or is proposed to be registered, knowingly and with intent to deceive,

  • (a) makes a material false statement or representation,

  • (b) suppresses or conceals from a judge or registrar, or any person employed by or assisting the registrar, any material document, fact, matter or information, or

  • (c) is privy to anything mentioned in paragraph (a) or (b).

  • R.S., 1985, c. C-46, s. 386
  • 2019, c. 25, s. 143

Marginal note:Fraudulent sale of real property

 Every person who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, lien or encumbrance of or on real property, fraudulently sells the property or any part of it is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 387
  • 2019, c. 25, s. 144

Marginal note:Misleading receipt

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who knowingly,

  • (a) with intent to mislead, injure or defraud any person, whether or not that person is known to him, gives to a person anything in writing that purports to be a receipt for or an acknowledgment of property that has been delivered to or received by him, before the property referred to in the purported receipt or acknowledgment has been delivered to or received by him, or

  • (b) accepts, transmits or uses a purported receipt or acknowledgment to which paragraph (a) applies.

  • R.S., 1985, c. C-46, s. 388
  • 2019, c. 25, s. 145

Marginal note:Fraudulent disposal of goods on which money advanced

  •  (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

    • (a) having shipped or delivered to the keeper of a warehouse or to a factor, an agent or a carrier anything on which the consignee thereof has advanced money or has given valuable security, thereafter, with intent to deceive, defraud or injure the consignee, disposes of it in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, or

    • (b) knowingly and wilfully aids or assists any person to make a disposition of anything to which paragraph (a) applies for the purpose of deceiving, defrauding or injuring the consignee.

  • Marginal note:Saving

    (2) No person is guilty of an offence under this section where, before disposing of anything in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, he pays or tenders to the consignee the full amount of money or valuable security that the consignee has advanced.

  • R.S., 1985, c. C-46, s. 389
  • 2019, c. 25, s. 146

Marginal note:Fraudulent receipts under Bank Act

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

  • (a) knowingly makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or

  • (b) knowingly, after either giving to another person or after a person employed by them has, to their knowledge, given to another person, or after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.

  • R.S., 1985, c. C-46, s. 390
  • 2019, c. 25, s. 147

 [Repealed, 2003, c. 21, s. 6]

Marginal note:Disposal of property to defraud creditors

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,

  • (a) with intent to defraud his creditors,

    • (i) makes or causes to be made any gift, conveyance, assignment, sale, transfer or delivery of his property, or

    • (ii) removes, conceals or disposes of any of his property, or

  • (b) with intent that any one should defraud his creditors, receives any property by means of or in relation to which an offence has been committed under paragraph (a).

  • R.S., 1985, c. C-46, s. 392
  • 2019, c. 25, s. 148

Marginal note:Fraud in relation to fares, etc.

  •  (1) Every person whose duty it is to collect a fare, toll, ticket or admission and who intentionally does any of the following is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction:

    • (a) fails to collect it,

    • (b) collects less than the proper amount payable in respect thereof, or

    • (c) accepts any valuable consideration for failing to collect it or for collecting less than the proper amount payable in respect thereof.

  • Marginal note:Idem

    (2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration

    • (a) for failing to collect it, or

    • (b) for collecting an amount less than the amount payable in respect thereof.

  • Marginal note:Fraudulently obtaining transportation

    (3) Every one who, by any false pretence or fraud, unlawfully obtains transportation by land, water or air is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 393
  • 2019, c. 25, s. 149

Marginal note:Fraud in relation to valuable minerals

  •  (1) No person who is the holder of a lease or licence issued under an Act relating to the mining of valuable minerals, or by the owner of land that is supposed to contain valuable minerals, shall

    • (a) by a fraudulent device or contrivance, defraud or attempt to defraud any person of

      • (i) any valuable minerals obtained under or reserved by the lease or licence, or

      • (ii) any money or valuable interest or thing payable in respect of valuable minerals obtained or rights reserved by the lease or licence; or

    • (b) fraudulently conceal or make a false statement with respect to the amount of valuable minerals obtained under the lease or licence.

  • Marginal note:Sale of valuable minerals

    (2) No person, other than the owner or the owner’s agent or someone otherwise acting under lawful authority, shall sell any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed.

  • Marginal note:Purchase of valuable minerals

    (3) No person shall buy any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed from anyone who the person has reason to believe is not the owner or the owner’s agent or someone otherwise acting under lawful authority.

  • Marginal note:Presumption

    (4) In any proceeding in relation to subsection (2) or (3), in the absence of evidence raising a reasonable doubt to the contrary, it is presumed that

    • (a) in the case of a sale, the seller is not the owner of the valuable mineral or the owner’s agent or someone otherwise acting under lawful authority; and

    • (b) in the case of a purchase, the purchaser, when buying the valuable mineral, had reason to believe that the seller was not the owner of the mineral or the owner’s agent or someone otherwise acting under lawful authority.

  • Marginal note:Offence

    (5) A person who contravenes subsection (1), (2) or (3) 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:Forfeiture

    (6) If a person is convicted of an offence under this section, the court may order anything by means of or in relation to which the offence was committed, on such conviction, to be forfeited to Her Majesty.

  • Marginal note:Exception

    (7) Subsection (6) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this section.

  • R.S., 1985, c. C-46, s. 394
  • R.S., 1985, c. 27 (1st Supp.), s. 186
  • 1999, c. 5, s. 10
  • 2019, c. 25, s. 150
 
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