Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-04-12 and last amended on 2015-07-23. Previous Versions

Marginal note:Prohibited insider trading
  •  (1) A person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years who, directly or indirectly, buys or sells a security, knowingly using inside information that they

    • (a) possess by virtue of being a shareholder of the issuer of that security;

    • (b) possess by virtue of, or obtained in the course of, their business or professional relationship with that issuer;

    • (c) possess by virtue of, or obtained in the course of, a proposed takeover or reorganization of, or amalgamation, merger or similar business combination with, that issuer;

    • (d) possess by virtue of, or obtained in the course of, their employment, office, duties or occupation with that issuer or with a person referred to in paragraphs (a) to (c); or

    • (e) obtained from a person who possesses or obtained the information in a manner referred to in paragraphs (a) to (d).

  • Marginal note:Tipping

    (2) Except when necessary in the course of business, a person who knowingly conveys inside information that they possess or obtained in a manner referred to in subsection (1) to another person, knowing that there is a risk that the person will use the information to buy or sell, directly or indirectly, a security to which the information relates, or that they may convey the information to another person who may buy or sell such a security, is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Saving

    (3) For greater certainty, an act is not an offence under this section if it is authorized or required, or is not prohibited, by any federal or provincial Act or regulation applicable to it.

  • Definition of inside information

    (4) In this section, inside information means information relating to or affecting the issuer of a security or a security that they have issued, or are about to issue, that

    • (a) has not been generally disclosed; and

    • (b) could reasonably be expected to significantly affect the market price or value of a security of the issuer.

  • 2004, c. 3, s. 5.
Marginal note:Gaming in stocks or merchandise
  •  (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise,

    • (a) makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the purchase or sale of shares of stock or goods, wares or merchandise, without the bona fide intention of acquiring the shares, goods, wares or merchandise or of selling them, as the case may be, or

    • (b) makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the sale or purchase of shares of stock or goods, wares or merchandise in respect of which no delivery of the thing sold or purchased is made or received, and without the bona fide intention of making or receiving delivery thereof, as the case may be,

    but this section does not apply where a broker, on behalf of a purchaser, receives delivery, notwithstanding that the broker retains or pledges what is delivered as security for the advance of the purchase money or any part thereof.

  • Marginal note:Onus

    (2) Where, in proceedings under this section, it is established that the accused made or signed a contract or an agreement for the sale or purchase of shares of stock or goods, wares or merchandise, or acted, aided or abetted in the making or signing thereof, the burden of proof of a bona fide intention to acquire or to sell the shares, goods, wares or merchandise or to deliver or to receive delivery thereof, as the case may be, lies on the accused.

  • R.S., c. C-34, s. 341.
Marginal note:Broker reducing stock by selling for his own account

 Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, being an individual, or a member or an employee of a partnership, or a director, an officer or an employee of a corporation, where he or the partnership or corporation is employed as a broker by any customer to buy and carry on margin any shares of an incorporated or unincorporated company or undertaking, whether in or out of Canada, thereafter sells or causes to be sold shares of the company or undertaking for any account in which

  • (a) he or his firm or a partner thereof, or

  • (b) the corporation or a director thereof,

has a direct or indirect interest, if the effect of the sale is, otherwise than unintentionally, to reduce the amount of those shares in the hands of the broker or under his control in the ordinary course of business below the amount of those shares that the broker should be carrying for all customers.

  • R.S., c. C-34, s. 342.
Marginal note:Fraudulent concealment of title documents
  •  (1) Every one who, being a vendor or mortgagor of property or of a chose in action or being a solicitor for or agent of a vendor or mortgagor of property or a chose in action, is served with a written demand for an abstract of title by or on behalf of the purchaser or mortgagee before the completion of the purchase or mortgage, and who

    • (a) with intent to defraud and for the purpose of inducing the purchaser or mortgagee to accept the title offered or produced to him, conceals from him any settlement, deed, will or other instrument material to the title, or any encumbrance on the title, or

    • (b) falsifies any pedigree on which the title depends,

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

  • Marginal note:Consent required

    (2) No proceedings shall be instituted under this section without the consent of the Attorney General.

  • R.S., c. C-34, s. 343.
Marginal note:Fraudulent registration of title

 Every one who, as principal or agent, in a proceeding to register title to real property, or in a transaction relating to real property that is or is proposed to be registered, knowingly and with intent to deceive,

  • (a) makes a material false statement or representation,

  • (b) suppresses or conceals from a judge or registrar, or any person employed by or assisting the registrar, any material document, fact, matter or information, or

  • (c) is privy to anything mentioned in paragraph (a) or (b),

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

  • R.S., c. C-34, s. 344.
Marginal note:Fraudulent sale of real property

 Every one who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, privilege or encumbrance of or on real property, fraudulently sells the property or any part thereof is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 345.
Marginal note:Misleading receipt

 Every one who wilfully

  • (a) with intent to mislead, injure or defraud any person, whether or not that person is known to him, gives to a person anything in writing that purports to be a receipt for or an acknowledgment of property that has been delivered to or received by him, before the property referred to in the purported receipt or acknowledgment has been delivered to or received by him, or

  • (b) accepts, transmits or uses a purported receipt or acknowledgment to which paragraph (a) applies,

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

  • R.S., c. C-34, s. 346.
Marginal note:Fraudulent disposal of goods on which money advanced
  •  (1) Every one who

    • (a) having shipped or delivered to the keeper of a warehouse or to a factor, an agent or a carrier anything on which the consignee thereof has advanced money or has given valuable security, thereafter, with intent to deceive, defraud or injure the consignee, disposes of it in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, or

    • (b) knowingly and wilfully aids or assists any person to make a disposition of anything to which paragraph (a) applies for the purpose of deceiving, defrauding or injuring the consignee,

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

  • Marginal note:Saving

    (2) No person is guilty of an offence under this section where, before disposing of anything in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, he pays or tenders to the consignee the full amount of money or valuable security that the consignee has advanced.

  • R.S., c. C-34, s. 347.
 
Date modified: