Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-01-25 and last amended on 2015-07-23. Previous Versions

Marginal note:Fraudulent receipts under Bank Act

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

  • (a) wilfully makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or

  • (b) wilfully,

    • (i) after giving to another person,

    • (ii) after a person employed by him has, to his knowledge, given to another person, or

    • (iii) after obtaining and endorsing or assigning to another person,

    any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.

  • R.S., c. C-34, s. 348.

 [Repealed, 2003, c. 21, s. 6]

Marginal note:Disposal of property to defraud creditors

 Every one who,

  • (a) with intent to defraud his creditors,

    • (i) makes or causes to be made any gift, conveyance, assignment, sale, transfer or delivery of his property, or

    • (ii) removes, conceals or disposes of any of his property, or

  • (b) with intent that any one should defraud his creditors, receives any property by means of or in relation to which an offence has been committed under paragraph (a),

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

  • R.S., c. C-34, s. 350.
Marginal note:Fraud in relation to fares, etc.
  •  (1) Every one whose duty it is to collect a fare, toll, ticket or admission who wilfully

    • (a) fails to collect it,

    • (b) collects less than the proper amount payable in respect thereof, or

    • (c) accepts any valuable consideration for failing to collect it or for collecting less than the proper amount payable in respect thereof,

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

  • Marginal note:Idem

    (2) Every one who gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration

    • (a) for failing to collect it, or

    • (b) for collecting an amount less than the amount payable in respect thereof,

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

  • Marginal note:Fraudulently obtaining transportation

    (3) Every one who, by any false pretence or fraud, unlawfully obtains transportation by land, water or air is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 351.
Marginal note:Fraud in relation to valuable minerals
  •  (1) No person who is the holder of a lease or licence issued under an Act relating to the mining of valuable minerals, or by the owner of land that is supposed to contain valuable minerals, shall

    • (a) by a fraudulent device or contrivance, defraud or attempt to defraud any person of

      • (i) any valuable minerals obtained under or reserved by the lease or licence, or

      • (ii) any money or valuable interest or thing payable in respect of valuable minerals obtained or rights reserved by the lease or licence; or

    • (b) fraudulently conceal or make a false statement with respect to the amount of valuable minerals obtained under the lease or licence.

  • Marginal note:Sale of valuable minerals

    (2) No person, other than the owner or the owner’s agent or someone otherwise acting under lawful authority, shall sell any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed.

  • Marginal note:Purchase of valuable minerals

    (3) No person shall buy any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed from anyone who the person has reason to believe is not the owner or the owner’s agent or someone otherwise acting under lawful authority.

  • Marginal note:Presumption

    (4) In any proceeding in relation to subsection (2) or (3), in the absence of evidence raising a reasonable doubt to the contrary, it is presumed that

    • (a) in the case of a sale, the seller is not the owner of the valuable mineral or the owner’s agent or someone otherwise acting under lawful authority; and

    • (b) in the case of a purchase, the purchaser, when buying the valuable mineral, had reason to believe that the seller was not the owner of the mineral or the owner’s agent or someone otherwise acting under lawful authority.

  • Marginal note:Offence

    (5) A person who contravenes subsection (1), (2) or (3) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

  • Marginal note:Forfeiture

    (6) If a person is convicted of an offence under this section, the court may order anything by means of or in relation to which the offence was committed, on such conviction, to be forfeited to Her Majesty.

  • Marginal note:Exception

    (7) Subsection (6) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this section.

  • R.S., 1985, c. C-46, s. 394;
  • R.S., 1985, c. 27 (1st Supp.), s. 186;
  • 1999, c. 5, s. 10.
Marginal note:Possession of stolen or fraudulently obtained valuable minerals
  •  (1) No person shall possess any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed that has been stolen or dealt with contrary to section 394.

  • Marginal note:Evidence

    (2) Reasonable grounds to believe that the valuable mineral has been stolen or dealt with contrary to section 394 are, in the absence of evidence raising a reasonable doubt to the contrary, proof that the valuable mineral has been stolen or dealt with contrary to section 394.

  • Marginal note:Offence

    (3) A person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

  • Marginal note:Forfeiture

    (4) If a person is convicted of an offence under this section, the court may, on that conviction, order that anything by means of or in relation to which the offence was committed be forfeited to Her Majesty.

  • Marginal note:Exception

    (5) Subsection (4) does not apply to real property, other than real property built or significantly modified for the purpose of facilitating the commission of an offence under subsection (3).

  • 1999, c. 5, s. 10.
Marginal note:Search for valuable minerals
  •  (1) If an information in writing is laid under oath before a justice by a peace officer or by a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and the justice is satisfied that there are reasonable grounds to believe that, contrary to this Act or any other Act of Parliament, any valuable mineral is deposited in a place or held by a person, the justice may issue a warrant authorizing a peace officer or a public officer, if the public officer is named in it, to search any of the places or persons mentioned in the information.

  • Marginal note:Power to seize

    (2) Where, on search, anything mentioned in subsection (1) is found, it shall be seized and carried before the justice who shall order

    • (a) that it be detained for the purposes of an inquiry or a trial; or

    • (b) if it is not detained for the purposes of an inquiry or a trial,

      • (i) that it be restored to the owner, or

      • (ii) that it be forfeited to Her Majesty in right of the province in which the proceedings take place if the owner cannot be ascertained.

  • Marginal note:Appeal

    (3) An appeal lies from an order made under paragraph (2)(b) in the manner in which an appeal lies in summary conviction proceedings under Part XXVII and the provisions of that Part relating to appeals apply to appeals under this subsection.

  • R.S., 1985, c. C-46, s. 395;
  • 1999, c. 5, s. 11.
 
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