Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Non-application — agreements or arrangements

• 347.01 (1) Section 347 does not apply in respect of agreements or arrangements provided for by regulation or in respect of offers, or advertisements of offers, provided for by regulation, to enter into an agreement or arrangement.

• Marginal note:Non-application — offers and advertisements

  (2) Section 347 also does not apply in respect of offers, or advertisements of offers, to enter into an agreement or arrangement if, had the agreement or arrangement been entered into, it would have been considered to be provided for by regulation.

• Marginal note:Regulations

  (3) The Governor in Council may, by regulation, on the recommendation of the Minister of Justice after consultation with the Minister of Finance, provide for

  • (a) the types of agreements or arrangements in respect of which section 347 does not apply or the criteria for determining the agreements or arrangements, or the types of agreements or arrangements, in respect of which that section does not apply; or

  • (b) the types of offers, or of advertisements of offers, to enter into an agreement or arrangement in respect of which section 347 does not apply or the criteria for determining the offers, or advertisements, or the types of offers, or of advertisements, in respect of which that section does not apply.

Marginal note:Definitions

• 347.1 (1) The following definitions apply in subsection (2).

  interest

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

  payday loan

  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. (prêt sur salaire)

• Marginal note:Non-application — person

  (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, who has entered into or has offered to enter into a payday loan agreement to receive interest, has advertised an offer to enter into a payday loan agreement that provides for the receipt of interest or has received interest under a payday loan agreement, if

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

  • (a.1) the total cost of borrowing under the agreement does not or would not exceed the limit fixed by regulation;

  • (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:Regulation — limit

  (2.1) For the purposes of paragraph (2)(a.1), the Governor in Council may, by regulation, on the recommendation of the Minister of Justice and after that Minister’s consultation with the Minister of Finance, fix the limit.

• Marginal note:Clarification

  (2.2) If section 347 does not apply to a person by reason of subsection (2) immediately before a regulation made under subsection (2.1) comes into force, that section continues not to apply to the person if the total cost of borrowing under the agreement did not exceed the limit that applied immediately before the regulation came into force.

• 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.

Breaking and Entering

Marginal note:Breaking and entering with intent, committing offence or breaking out

• 348 (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.

Marginal note:Aggravating circumstance — home invasion

348.1 If a person is convicted of an offence under section 98 or 98.1, subsection 279(2) or section 343, 346 or 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,

• (a) knew that or was reckless as to whether the dwelling-house was occupied; and

• (b) used violence or threats of violence to a person or property.

Marginal note:Being unlawfully in dwelling-house

• 349 (1) Every person who, without lawful excuse, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or of an offence punishable on summary conviction.

• Marginal note:Presumption

  (2) For the purposes of proceedings under this section, evidence that an accused, without lawful excuse, entered or was in a dwelling-house is, in the absence of any evidence to the contrary, proof that he entered or was in the dwelling-house with intent to commit an indictable offence therein.

Marginal note:Entrance

350 For the purposes of sections 348 and 349,

• (a) a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and

• (b) a person shall be deemed to have broken and entered if

  • (i) he obtained entrance by a threat or an artifice or by collusion with a person within, or

  • (ii) he entered without lawful justification or excuse by a permanent or temporary opening.

Marginal note:Possession of break-in instrument

• 351 (1) Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose,

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

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Disguise with intent

  (2) Every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) an offence punishable on summary conviction.

Marginal note:Possession of instruments for breaking into coin-operated or currency exchange devices

352 Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into a coin-operated device or a currency exchange device, knowing that the instrument has been used or is or was intended to be used for that purpose, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Marginal note:Selling, etc., automobile master key

• 353 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

  • (a) sells, offers for sale or advertises in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province, or

  • (b) purchases or has in his possession in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province.

• Marginal note:Exception

  (1.1) A police officer specially authorized by the chief of the police force to possess an automobile master key is not guilty of an offence under subsection (1) by reason only that the police officer possesses an automobile master key for the purposes of the execution of the police officer’s duties.

• Marginal note:Terms and conditions of licence

  (2) A licence issued by the Attorney General of a province as described in paragraph (1)(a) or (b) may contain such terms and conditions relating to the sale, offering for sale, advertising, purchasing, having in possession or use of an automobile master key as the Attorney General of that province may prescribe.

• Marginal note:Fees

  (2.1) The Attorney General of a province may prescribe fees for the issue or renewal of licences as described in paragraph (1)(a) or (b).

• Marginal note:Record to be kept

  (3) Every one who sells an automobile master key

  • (a) shall keep a record of the transaction showing the name and address of the purchaser and particulars of the licence issued to the purchaser as described in paragraph (1)(b); and

  • (b) shall produce the record for inspection at the request of a peace officer.

• Marginal note:Failure to comply with subsection (3)

  (4) Every one who fails to comply with subsection (3) is guilty of an offence punishable on summary conviction.

• Marginal note:Definitions

  (5) The definitions in this subsection apply in this section.

  automobile master key

  automobile master key includes a key, pick, rocker key or other instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles. (passe-partout d’automobile)

  licence

  licence includes any authorization. (licence)

Marginal note:Tampering with vehicle identification number

• 353.1 (1) Every person commits an offence who, without lawful excuse, wholly or partially alters, removes or obliterates a vehicle identification number on a motor vehicle.

• Marginal note:Definition of vehicle identification number

  (2) For the purpose of this section, vehicle identification number means any number or other mark placed on a motor vehicle for the purpose of distinguishing it from other similar motor vehicles.

• Marginal note:Exception

  (3) Despite subsection (1), it is not an offence to wholly or partially alter, remove or obliterate a vehicle identification number on a motor vehicle during regular maintenance or any repair or other work done on the vehicle for a legitimate purpose, including a modification of the vehicle.

• Marginal note:Punishment

  (4) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) is guilty of an offence punishable on summary conviction.