Marginal note:Agent pledging goods, when not theft
325. A factor or an agent does not commit theft by pledging or giving a lien on goods or documents of title to goods that are entrusted to him for the purpose of sale or for any other purpose, if the pledge or lien is for an amount that does not exceed the sum of
(a) the amount due to him from his principal at the time the goods or documents are pledged or the lien is given; and
(b) the amount of any bill of exchange that he has accepted for or on account of his principal.
- R.S., c. C-34, s. 286.
Marginal note:Theft of telecommunication service
326. (1) Every one commits theft who fraudulently, maliciously, or without colour of right,
(a) abstracts, consumes or uses electricity or gas or causes it to be wasted or diverted; or
(b) uses any telecommunication facility or obtains any telecommunication service.
(2) [Repealed, 2014, c. 31, s. 14]
- R.S., 1985, c. C-46, s. 326;
- 2014, c. 31, s. 14.
Marginal note:Possession, etc., of device to obtain use of telecommunication facility or telecommunication service
327. (1) Everyone who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used for that purpose, is
(a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) guilty of an offence punishable on summary conviction.
(2) If a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs.
(3) No order for forfeiture is to be made in respect of telecommunication facilities or equipment by means of which an offence under subsection (1) is committed if they are owned by a person engaged in providing a telecommunication service to the public or form part of such a person’s telecommunication service or system and that person is not a party to the offence.
Definition of “device”
(4) In this section, “device” includes
(a) a component of a device; and
(b) a computer program within the meaning of subsection 342.1(2).
- R.S., 1985, c. C-46, s. 327;
- 2014, c. 31, s. 15.
- Date modified: