Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-09-18 and last amended on 2016-06-17. Previous Versions

Marginal note:Selling, etc., automobile master key
  •  (1) Every one 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,

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

  • 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

    passe-partout d’automobile

    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

    licence includes any authorization. (licence)

  • R.S., 1985, c. C-46, s. 353;
  • 1997, c. 18, s. 22.
Marginal note:Tampering with vehicle identification number
  •  (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.

  • 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.

  • 2010, c. 14, s. 4.

Possession and Trafficking

Marginal note:Possession of property obtained by crime
  •  (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from

    • (a) the commission in Canada of an offence punishable by indictment; or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

  • Marginal note:Obliterated vehicle identification number

    (2) In proceedings in respect of an offence under subsection (1), evidence that a person has in his possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained, and that such person had the motor vehicle or part, as the case may be, in his possession knowing that it was obtained,

    • (a) by the commission in Canada of an offence punishable by indictment; or

    • (b) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

  • Definition of vehicle identification number

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

  • Marginal note:Exception

    (4) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.

  • R.S., 1985, c. C-46, s. 354;
  • 1997, c. 18, s. 23.
Marginal note:Punishment

 Every one who commits an offence under section 354

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

  • (b) is guilty

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

    • (ii) of an offence punishable on summary conviction,

    where the value of the subject-matter of the offence does not exceed five thousand dollars.

  • R.S., 1985, c. C-46, s. 355;
  • R.S., 1985, c. 27 (1st Supp.), s. 49;
  • 1994, c. 44, s. 21.

Definition of traffic

 For the purposes of sections 355.2 and 355.4, traffic means to sell, give, transfer, transport, export from Canada, import into Canada, send, deliver or deal with in any other way, or to offer to do any of those acts.

  • 2010, c. 14, s. 6.
Marginal note:Trafficking in property obtained by crime

 Everyone commits an offence who traffics in any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

  • (a) the commission in Canada of an offence punishable by indictment; or

  • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

  • 2010, c. 14, s. 6.
Marginal note:In rem prohibition

 The importation into Canada or exportation from Canada of any property or thing or any proceeds of any property or thing is prohibited if all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

  • (a) the commission in Canada of an offence punishable by indictment; or

  • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

  • 2010, c. 14, s. 6.
Marginal note:Possession of property obtained by crime — trafficking

 Everyone commits an offence who has in their possession, for the purpose of trafficking, any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

  • (a) the commission in Canada of an offence punishable by indictment; or

  • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

  • 2010, c. 14, s. 6.
 
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