Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

Marginal note:Definitions
  •  (1) The following definitions apply in subsection (2).

    “interest”

    « intérêts »

    “interest” has the same meaning as in subsection 347(2).

    “payday loan”

    « prêt sur salaire »

    “payday loan” means an advancement of money in exchange for a post-dated cheque, a pre-authorized debit or a future payment of a similar nature but not for any guarantee, suretyship, overdraft protection or security on property and not through a margin loan, pawnbroking, a line of credit or a credit card.

  • Marginal note:Non-application

    (2) Section 347 and section 2 of the Interest Act do not apply to a person, other than a financial institution within the meaning of paragraphs (a) to (d) of the definition “financial institution” in section 2 of the Bank Act, in respect of a payday loan agreement entered into by the person to receive interest, or in respect of interest received by that person under the agreement, if

    • (a) the amount of money advanced under the agreement is $1,500 or less and the term of the agreement is 62 days or less;

    • (b) the person is licensed or otherwise specifically authorized under the laws of a province to enter into the agreement; and

    • (c) the province is designated under subsection (3).

  • Marginal note:Designation of province

    (3) The Governor in Council shall, by order and at the request of the lieutenant governor in council of a province, designate the province for the purposes of this section if the province has legislative measures that protect recipients of payday loans and that provide for limits on the total cost of borrowing under the agreements.

  • Marginal note:Revocation

    (4) The Governor in Council shall, by order, revoke the designation made under subsection (3) if requested to do so by the lieutenant governor in council of the province or if the legislative measures described in that subsection are no longer in force in that province.

  • 2007, c. 9, s. 2.

Breaking and Entering

Marginal note:Breaking and entering with intent, committing offence or breaking out
  •  (1) Every one who

    • (a) breaks and enters a place with intent to commit an indictable offence therein,

    • (b) breaks and enters a place and commits an indictable offence therein, or

    • (c) breaks out of a place after

      • (i) committing an indictable offence therein, or

      • (ii) entering the place with intent to commit an indictable offence therein,

    is guilty

    • (d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and

    • (e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

  • Marginal note:Presumptions

    (2) For the purposes of proceedings under this section, evidence that an accused

    • (a) broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or

    • (b) broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after

      • (i) committing an indictable offence therein, or

      • (ii) entering with intent to commit an indictable offence therein.

  • Marginal note:Definition of “place”

    (3) For the purposes of this section and section 351, “place” means

    • (a) a dwelling-house;

    • (b) a building or structure or any part thereof, other than a dwelling-house;

    • (c) a railway vehicle, a vessel, an aircraft or a trailer; or

    • (d) a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.

  • R.S., 1985, c. C-46, s. 348;
  • R.S., 1985, c. 27 (1st Supp.), s. 47;
  • 1997, c. 18, s. 20.