Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Fraudulently obtaining food, beverage or accommodation

• 364 (1) Every one who fraudulently obtains food, a beverage or accommodation at any place that is in the business of providing those things is guilty of an offence punishable on summary conviction.

• Marginal note:Presumption

  (2) In proceedings under this section, evidence that the accused obtained food, a beverage or accommodation at a place that is in the business of providing those things and did not pay for it and

  • (a) made a false or fictitious show or pretence of having baggage,

  • (b) had any false or pretended baggage,

  • (c) surreptitiously removed or attempted to remove his baggage or any material part of it,

  • (d) absconded or surreptitiously left the premises,

  • (e) knowingly made a false statement to obtain credit or time for payment, or

  • (f) offered a worthless cheque, draft or security in payment for the food, beverage or accommodation,

  is, in the absence of any evidence to the contrary, proof of fraud.

• Definition of cheque

  (3) In this section, cheque includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors.