Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-08-04 and last amended on 2015-07-23. Previous Versions

Dangerous Materials and Devices

Marginal note:Duty of care re explosive

 Every one who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care to prevent bodily harm or death to persons or damage to property by that explosive substance.

  • R.S., c. C-34, s. 77.
Marginal note:Breach of duty

 Every one who, being under a legal duty within the meaning of section 79, fails without lawful excuse to perform that duty, is guilty of an indictable offence and, if as a result an explosion of an explosive substance occurs that

  • (a) causes death or is likely to cause death to any person, is liable to imprisonment for life; or

  • (b) causes bodily harm or damage to property or is likely to cause bodily harm or damage to property, is liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 78.
Marginal note:Using explosives
  •  (1) Every one commits an offence who

    • (a) does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property;

    • (b) with intent to do bodily harm to any person

      • (i) causes an explosive substance to explode,

      • (ii) sends or delivers to a person or causes a person to take or receive an explosive substance or any other dangerous substance or thing, or

      • (iii) places or throws anywhere or at or on a person a corrosive fluid, explosive substance or any other dangerous substance or thing;

    • (c) with intent to destroy or damage property without lawful excuse, places or throws an explosive substance anywhere; or

    • (d) makes or has in his possession or has under his care or control any explosive substance with intent thereby

      • (i) to endanger life or to cause serious damage to property, or

      • (ii) to enable another person to endanger life or to cause serious damage to property.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable

    • (a) for an offence under paragraph (1)(a) or (b), to imprisonment for life; or

    • (b) for an offence under paragraph (1)(c) or (d), to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 79.
Marginal note:Possession without lawful excuse
  •  (1) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Possession in association with criminal organization

    (2) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 82;
  • R.S., 1985, c. 27 (1st Supp.), s. 12;
  • 1997, c. 23, s. 2;
  • 2001, c. 32, s. 3(F).