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:Arson — own property

 Every person who intentionally or recklessly causes damage by fire or explosion to property that is owned, in whole or in part, by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, where the fire or explosion seriously threatens the health, safety or property of another person.

  • 1990, c. 15, s. 1.
Marginal note:Arson for fraudulent purpose
  •  (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Holder or beneficiary of fire insurance policy

    (2) Where a person is charged with an offence under subsection (1), the fact that the person was the holder of or was named as a beneficiary under a policy of fire insurance relating to the property in respect of which the offence is alleged to have been committed is a fact from which intent to defraud may be inferred by the court.

  • R.S., 1985, c. C-46, s. 435;
  • 1990, c. 15, s. 1.
Marginal note:Arson by negligence
  •  (1) Every person who owns, in whole or in part, or controls property is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years where, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, that person is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property.

  • Marginal note:Non-compliance with prevention laws

    (2) Where a person is charged with an offence under subsection (1), the fact that the person has failed to comply with any law respecting the prevention or control of fires or explosions in the property is a fact from which a marked departure from the standard of care referred to in that subsection may be inferred by the court.

  • R.S., 1985, c. C-46, s. 436;
  • 1990, c. 15, s. 1.
Marginal note:Possession of incendiary material

 Every person who possesses any incendiary material, incendiary device or explosive substance for the purpose of committing an offence under any of sections 433 to 436 is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • 1990, c. 15, s. 1.

Other Interference with Property

Marginal note:False alarm of fire

 Every one who wilfully, without reasonable cause, by outcry, ringing bells, using a fire alarm, telephone or telegraph, or in any other manner, makes or circulates or causes to be made or circulated an alarm of fire is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

  • (b) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 393;
  • 1972, c. 13, s. 31.