Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-08-05 and last amended on 2014-07-11. Previous Versions

Marginal note:Criminal breach of trust

 Every one who, being a trustee of anything for the use or benefit, whether in whole or in part, of another person, or for a public or charitable purpose, converts, with intent to defraud and in contravention of his trust, that thing or any part of it to a use that is not authorized by the trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 296.
Marginal note:Public servant refusing to deliver property

 Every one who, being or having been employed in the service of Her Majesty in right of Canada or a province, or in the service of a municipality, and entrusted by virtue of that employment with the receipt, custody, management or control of anything, refuses or fails to deliver it to a person who is authorized to demand it and does demand it is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 297.
Marginal note:Fraudulently taking cattle or defacing brand
  •  (1) Every one who, without the consent of the owner,

    • (a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells cattle that are found astray, or

    • (b) fraudulently, in whole or in part,

      • (i) obliterates, alters or defaces a brand or mark on cattle, or

      • (ii) makes a false or counterfeit brand or mark on cattle,

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

  • Marginal note:Punishment for theft of cattle

    (2) Every one who commits theft of cattle is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Evidence of property in cattle

    (3) In any proceedings under this Act, evidence that cattle are marked with a brand or mark that is recorded or registered in accordance with any Act is, in the absence of any evidence to the contrary, proof that the cattle are owned by the registered owner of that brand or mark.

  • Marginal note:Presumption from possession

    (4) Where an accused is charged with an offence under subsection (1) or (2), the burden of proving that the cattle came lawfully into the possession of the accused or his employee or into the possession of another person on behalf of the accused is on the accused, if the accused is not the registered owner of the brand or mark with which the cattle are marked, unless it appears that possession of the cattle by an employee of the accused or by another person on behalf of the accused was without the knowledge and authority, sanction or approval of the accused.

  • R.S., c. C-34, s. 298;
  • 1974-75-76, c. 93, s. 26.
Marginal note:Taking possession, etc., of drift timber
  •  (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, without the consent of the owner,

    • (a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells,

    • (b) removes, alters, obliterates or defaces a mark or number on, or

    • (c) refuses to deliver up to the owner or to the person in charge thereof on behalf of the owner or to a person authorized by the owner to receive it,

    any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada.

  • Marginal note:Dealer in second-hand goods

    (2) Every one who, being a dealer in second-hand goods of any kind, trades or traffics in or has in his possession for sale or traffic any lumbering equipment that is marked with the mark, brand, registered timber mark, name or initials of a person, without the written consent of that person, is guilty of an offence punishable on summary conviction.

  • Marginal note:Search for timber unlawfully detained

    (3) A peace officer who suspects, on reasonable grounds, that any lumber owned by any person and bearing the registered timber mark of that person is kept or detained in or on any place without the knowledge or consent of that person, may enter into or on that place to ascertain whether or not it is detained there without the knowledge or consent of that person.

  • Marginal note:Evidence of property in timber

    (4) Where any lumber or lumbering equipment is marked with a timber mark or a boom chain brand registered under any Act, the mark or brand is, in proceedings under subsection (1), and, in the absence of any evidence to the contrary, proof that it is the property of the registered owner of the mark or brand.

  • Marginal note:Presumption from possession

    (5) Where an accused or his servants or agents are in possession of lumber or lumbering equipment marked with the mark, brand, registered timber mark, name or initials of another person, the burden of proving that it came lawfully into his possession or into possession of his servants or agents is, in proceedings under subsection (1), on the accused.

  • Marginal note:Definitions

    (6) In this section,

    “coastal waters of Canada”

    « eaux côtières du Canada »

    “coastal waters of Canada” includes all of Queen Charlotte Sound, all the Strait of Georgia and the Canadian waters of the Strait of Juan de Fuca;

    “lumber”

    « bois »

    “lumber” means timber, mast, spar, shingle bolt, sawlog or lumber of any description;

    “lumbering equipment”

    « matériel d’exploitation forestière »

    “lumbering equipment” includes a boom chain, chain, line and shackle.

  • R.S., c. C-34, s. 299.