Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-06-09 and last amended on 2015-04-10. Previous Versions

Advertising and Trafficking in Counterfeit Money or Counterfeit Tokens of Value

Marginal note:Advertising and dealing in counterfeit money, etc.
  •  (1) Every one who

    • (a) by an advertisement or any other writing, offers to sell, procure or dispose of counterfeit money or counterfeit tokens of value or to give information with respect to the manner in which or the means by which counterfeit money or counterfeit tokens of value may be sold, procured or disposed of, or

    • (b) purchases, obtains, negotiates or otherwise deals with counterfeit tokens of value, or offers to negotiate with a view to purchasing or obtaining them,

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

  • Marginal note:Fraudulent use of money genuine but valueless

    (2) No person shall be convicted of an offence under subsection (1) in respect of genuine coin or genuine paper money that has no value as money unless, at the time when the offence is alleged to have been committed, he knew that the coin or paper money had no value as money and he had a fraudulent intent in his dealings with or with respect to the coin or paper money.

  • R.S., c. C-34, s. 418.

Special Provisions as to Proof

Marginal note:When counterfeit complete
  •  (1) Every offence relating to counterfeit money or counterfeit tokens of value shall be deemed to be complete notwithstanding that the money or tokens of value in respect of which the proceedings are taken are not finished or perfected or do not copy exactly the money or tokens of value that they are apparently intended to resemble or for which they are apparently intended to pass.

  • Marginal note:Certificate of examiner of counterfeit

    (2) In any proceedings under this Part, a certificate signed by a person designated as an examiner of counterfeit by the Minister of Public Safety and Emergency Preparedness, stating that any coin, paper money or bank-note described therein is counterfeit money or that any coin, paper money or bank-note described therein is genuine and is or is not, as the case may be, current in Canada or elsewhere, is evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Cross-examination and notice

    (3) Subsections 258(6) and (7) apply, with such modifications as the circumstances require, in respect of a certificate described in subsection (2).

  • R.S., 1985, c. C-46, s. 461;
  • 1992, c. 1, s. 58;
  • 2005, c. 10, s. 34.

Forfeiture

Marginal note:Ownership
  •  (1) Counterfeit money, counterfeit tokens of value and anything that is used or is intended to be used to make counterfeit money or counterfeit tokens of value belong to Her Majesty.

  • Marginal note:Seizure

    (2) A peace officer may seize and detain

    • (a) counterfeit money,

    • (b) counterfeit tokens of value, and

    • (c) machines, engines, tools, instruments, materials or things that have been used or that have been adapted and are intended for use in making counterfeit money or counterfeit tokens of value,

    and anything seized shall be sent to the Minister of Finance to be disposed of or dealt with as he may direct, but anything that is required as evidence in any proceedings shall not be sent to the Minister until it is no longer required in those proceedings.

  • R.S., c. C-34, s. 420.