An Act to incorporate the Canadian Red Cross Society

Marginal note:Fraudulent representation

• 4 (1) No person shall fraudulently represent himself or herself to be a member or representative of, or agent for, the Society for the purposes of soliciting, collecting or receiving money or material.

• Marginal note:Unlawful use of name, emblem, badge, etc.

  (2) No person shall wear, use or display for the purposes of his or her trade or business, for the purpose of inducing the belief that he or she is a member or representative of, or agent for, the Society or for any other purposes whatsoever, without the Society’s written authorization, any of the following:

  • (a) the heraldic emblem of the Red Cross on a white ground, or the words “Red Cross” or “Geneva Cross”;

  • (b) the emblem of the Red Crescent on a white ground, referred to in Article 38 of Schedule I to the Geneva Conventions Act, or the words “Red Crescent”;

  • (c) the third Protocol emblem — commonly known as the “Red Crystal” — referred to in Article 2, paragraph 2 of Schedule VII to the Geneva Conventions Act and composed of a red frame in the shape of a square on edge on a white ground, or the words “Red Crystal”; or

  • (d) any other word, mark, device or thing likely to be mistaken for anything mentioned in paragraphs (a) to (c).

• Marginal note:Penalty

  (3) Every person who contravenes subsection (1) or (2) is guilty of an offence, and is liable on summary conviction to a fine of not less than $100 but not more than $500, or imprisonment for a term not exceeding one year, or both, for each offence, and any goods, wares or merchandise on which, or in connection with which, any of the emblems or words mentioned in paragraphs (2)(a) to (c) or any coloured imitation of them were used are liable to forfeiture to Her Majesty in right of Canada. The proceeds of the fine so collected shall be paid to the Society.

• Marginal note:Exception

  (4) No person contravenes subsection (2) by wearing, using or displaying the emblem or words referred to in paragraph (2)(b) or (c), or any other word, mark, device or thing likely to be mistaken for them, if the person has done so lawfully since before the coming into force of this subsection.