Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2017-04-12 and last amended on 2016-06-17. Previous Versions

Marginal note:Seizing control of ship or fixed platform
  •  (1) Every one who seizes or exercises control over a ship or fixed platform by force or threat of force or by any other form of intimidation is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Endangering safety of ship or fixed platform

    (2) Every one who

    • (a) commits an act of violence against a person on board a ship or fixed platform,

    • (b) destroys or causes damage to a ship or its cargo or to a fixed platform,

    • (c) destroys or causes serious damage to or interferes with the operation of any maritime navigational facility, or

    • (d) places or causes to be placed on board a ship or fixed platform anything that is likely to cause damage to the ship or its cargo or to the fixed platform,

    where that act is likely to endanger the safe navigation of a ship or the safety of a fixed platform, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:False communication

    (3) Every one who communicates information that endangers the safe navigation of a ship, knowing the information to be false, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Threats causing death or injury

    (4) Every one who threatens to commit an offence under paragraph (2)(a), (b) or (c) in order to compel a person to do or refrain from doing any act, where the threat is likely to endanger the safe navigation of a ship or the safety of a fixed platform, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Definitions

    (5) In this section,

    fixed platform

    plate-forme fixe

    fixed platform means an artificial island or a marine installation or structure that is permanently attached to the seabed for the purpose of exploration or exploitation of resources or for other economic purposes; (plate-forme fixe)

    ship

    navire

    ship means every description of vessel not permanently attached to the seabed, other than a warship, a ship being used as a naval auxiliary or for customs or police purposes or a ship that has been withdrawn from navigation or is laid up. (navire)

  • 1993, c. 7, s. 4.

Dangerous Materials and Devices

Marginal note:Duty of care re explosive

 Every one who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care to prevent bodily harm or death to persons or damage to property by that explosive substance.

  • R.S., c. C-34, s. 77.
Marginal note:Breach of duty

 Every one who, being under a legal duty within the meaning of section 79, fails without lawful excuse to perform that duty, is guilty of an indictable offence and, if as a result an explosion of an explosive substance occurs that

  • (a) causes death or is likely to cause death to any person, is liable to imprisonment for life; or

  • (b) causes bodily harm or damage to property or is likely to cause bodily harm or damage to property, is liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 78.
Marginal note:Using explosives
  •  (1) Every one commits an offence who

    • (a) does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property;

    • (b) with intent to do bodily harm to any person

      • (i) causes an explosive substance to explode,

      • (ii) sends or delivers to a person or causes a person to take or receive an explosive substance or any other dangerous substance or thing, or

      • (iii) places or throws anywhere or at or on a person a corrosive fluid, explosive substance or any other dangerous substance or thing;

    • (c) with intent to destroy or damage property without lawful excuse, places or throws an explosive substance anywhere; or

    • (d) makes or has in his possession or has under his care or control any explosive substance with intent thereby

      • (i) to endanger life or to cause serious damage to property, or

      • (ii) to enable another person to endanger life or to cause serious damage to property.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable

    • (a) for an offence under paragraph (1)(a) or (b), to imprisonment for life; or

    • (b) for an offence under paragraph (1)(c) or (d), to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 79.
Marginal note:Possession without lawful excuse
  •  (1) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Possession in association with criminal organization

    (2) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 82;
  • R.S., 1985, c. 27 (1st Supp.), s. 12;
  • 1997, c. 23, s. 2;
  • 2001, c. 32, s. 3(F).
Marginal note:Sentences to be served consecutively

 A sentence imposed on a person for an offence under subsection 82(2) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection 82(2).

  • 1997, c. 23, s. 2.

Definition of device

 For the purposes of sections 82.3 to 82.5, device means any of the following:

  • (a) a nuclear explosive device;

  • (b) a device that disperses radioactive material;

  • (c) a device that emits ionizing radiation and that is capable of causing death, serious bodily harm or substantial damage to property or the environment.

  • 2013, c. 13, s. 5.
Marginal note:Possession, etc., of nuclear material, radioactive material or device

 Everyone who, with intent to cause death, serious bodily harm or substantial damage to property or the environment, makes a device or possesses, uses, transfers, exports, imports, alters or disposes of nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.

  • 2013, c. 13, s. 5.
Marginal note:Use or alteration of nuclear material, radioactive material or device

 Everyone who, with intent to compel a person, government or international organization to do or refrain from doing any act, uses or alters nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.

  • 2013, c. 13, s. 5.
Marginal note:Commission of indictable offence to obtain nuclear material, etc.

 Everyone who commits an indictable offence under this or any other Act of Parliament, with intent to obtain nuclear material, radioactive material or a device or to obtain access to a nuclear facility, is guilty of an indictable offence and is liable to imprisonment for life.

  • 2013, c. 13, s. 5.
Marginal note:Threats

 Everyone who threatens to commit an offence under any of sections 82.3 to 82.5 is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years.

  • 2013, c. 13, s. 5.
 
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