Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Authorizations, etc., as evidence

• 117.12 (1) In any proceedings under this Act or any other Act of Parliament, a document purporting to be an authorization, a licence or a registration certificate is evidence of the statements contained therein.

• Marginal note:Certified copies

  (2) In any proceedings under this Act or any other Act of Parliament, a copy of any authorization, licence or registration certificate is, if certified as a true copy by the Registrar or a chief firearms officer, admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the authorization, licence or registration certificate would have had if it had been proved in the ordinary way.

Marginal note:Certificate of analyst

• 117.13 (1) A certificate purporting to be signed by an analyst stating that the analyst has analyzed any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or any part or component of such a thing, and stating the results of the analysis is evidence in any proceedings in relation to any of those things under this Act or under section 19 of the Export and Import Permits Act in relation to subsection 15(2) of that Act without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note:Attendance of analyst

  (2) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

• Marginal note:Notice of intention to produce certificate

  (3) No certificate of an analyst may be admitted in evidence unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.

• (4) and (5) [Repealed, 2008, c. 18, s. 2]

Marginal note:Amnesty period

• 117.14 (1) The Governor in Council may, by order, declare for any purpose referred to in subsection (2) any period as an amnesty period with respect to any weapon, prohibited device, prohibited ammunition, explosive substance or component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm.

• Marginal note:Purposes of amnesty period

  (2) An order made under subsection (1) may declare an amnesty period for the purpose of

  • (a) permitting any person in possession of any thing to which the order relates to do anything provided in the order, including, without restricting the generality of the foregoing, delivering the thing to a peace officer, a firearms officer or a chief firearms officer, registering it, destroying it or otherwise disposing of it; or

  • (b) permitting alterations to be made to any prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition to which the order relates so that it no longer qualifies as a prohibited firearm, a prohibited weapon, a prohibited device or prohibited ammunition, as the case may be.

• Marginal note:Reliance on amnesty period

  (3) No person who, during an amnesty period declared by an order made under subsection (1) and for a purpose described in the order, does anything provided for in the order, is, by reason only of the fact that the person did that thing, guilty of an offence under this Part.

• Marginal note:Proceedings are a nullity

  (4) Any proceedings taken under this Part against any person for anything done by the person in reliance of this section are a nullity.

Marginal note:Regulations

• 117.15 (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed.

• Marginal note:Restriction

  (2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes.

• Marginal note:Non-restricted firearm

  (3) Despite the definitions prohibited firearm and restricted firearm in subsection 84(1), a firearm that is prescribed to be a non-restricted firearm is deemed not to be a prohibited firearm or a restricted firearm.

• Marginal note:Restricted firearm

  (4) Despite the definition prohibited firearm in subsection 84(1), a firearm that is prescribed to be a restricted firearm is deemed not to be a prohibited firearm.

PART IVOffences Against the Administration of Law and Justice

Interpretation

Marginal note:Definitions

118 In this Part,

evidence

evidence or statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not; (témoignage, déposition ou déclaration)

government

government means

• (a) the Government of Canada,

• (b) the government of a province, or

• (c) Her Majesty in right of Canada or a province; (gouvernement)

judicial proceeding

judicial proceeding means a proceeding

• (a) in or under the authority of a court of justice,

• (b) before the Senate or House of Commons or a committee of the Senate or House of Commons, or before a legislative council, legislative assembly or house of assembly or a committee thereof that is authorized by law to administer an oath,

• (c) before a court, judge, justice, provincial court judge or coroner,

• (d) before an arbitrator or umpire, or a person or body of persons authorized by law to make an inquiry and take evidence therein under oath, or

• (e) before a tribunal by which a legal right or legal liability may be established,

whether or not the proceeding is invalid for want of jurisdiction or for any other reason; (procédure judiciaire)

office

office includes

• (a) an office or appointment under the government,

• (b) a civil or military commission, and

• (c) a position or an employment in a public department; (charge ou emploi)

official

official means a person who

• (a) holds an office, or

• (b) is appointed or elected to discharge a public duty; (fonctionnaire)

witness

witness means a person who gives evidence orally under oath or by affidavit in a judicial proceeding, whether or not he is competent to be a witness, and includes a child of tender years who gives evidence but does not give it under oath, because, in the opinion of the person presiding, the child does not understand the nature of an oath. (témoin)

Corruption and Disobedience

Marginal note:Bribery of judicial officers, etc.

• 119 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who

  • (a) being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

  • (b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by that person in their official capacity.

• Marginal note:Consent of Attorney General

  (2) No proceedings against a person who holds a judicial office shall be instituted under this section without the consent in writing of the Attorney General of Canada.

Marginal note:Bribery of officers

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

• (a) being a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment with intent

  • (i) to interfere with the administration of justice,

  • (ii) to procure or facilitate the commission of an offence, or

  • (iii) to protect from detection or punishment a person who has committed or who intends to commit an offence; or

• (b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment with intent that the person should do anything mentioned in subparagraph (a)(i), (ii) or (iii).

Marginal note:Frauds on the government

• 121 (1) Every one commits an offence who

  • (a) directly or indirectly

    • (i) gives, offers or agrees to give or offer to an official or to any member of his family, or to any one for the benefit of an official, or

    • (ii) being an official, demands, accepts or offers or agrees to accept from any person for himself or another person,

    a loan, reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

    • (iii) the transaction of business with or any matter of business relating to the government, or

    • (iv) a claim against Her Majesty or any benefit that Her Majesty is authorized or is entitled to bestow,

    whether or not, in fact, the official is able to cooperate, render assistance, exercise influence or do or omit to do what is proposed, as the case may be;

  • (b) having dealings of any kind with the government, directly or indirectly pays a commission or reward to or confers an advantage or benefit of any kind on an employee or official of the government with which the dealings take place, or to any member of the employee’s or official’s family, or to anyone for the benefit of the employee or official, with respect to those dealings, unless the person has the consent in writing of the head of the branch of government with which the dealings take place;

  • (c) being an official or employee of the government, directly or indirectly demands, accepts or offers or agrees to accept from a person who has dealings with the government a commission, reward, advantage or benefit of any kind for themselves or another person, unless they have the consent in writing of the head of the branch of government that employs them or of which they are an official;

  • (d) having or pretending to have influence with the government or with a minister of the government or an official, directly or indirectly demands, accepts or offers or agrees to accept, for themselves or another person, a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

    • (i) anything mentioned in subparagraph (a)(iii) or (iv), or

    • (ii) the appointment of any person, including themselves, to an office;

  • (e) directly or indirectly gives or offers, or agrees to give or offer, to a minister of the government or an official, or to anyone for the benefit of a minister or an official, a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence, or an act or omission, by that minister or official, in connection with

    • (i) anything mentioned in subparagraph (a)(iii) or (iv), or

    • (ii) the appointment of any person, including themselves, to an office; or

  • (f) having made a tender to obtain a contract with the government,

    • (i) directly or indirectly gives or offers, or agrees to give or offer, to another person who has made a tender, to a member of that person’s family or to another person for the benefit of that person, a reward, advantage or benefit of any kind as consideration for the withdrawal of the tender of that person, or

    • (ii) directly or indirectly demands, accepts or offers or agrees to accept from another person who has made a tender a reward, advantage or benefit of any kind for themselves or another person as consideration for the withdrawal of their own tender.

• Marginal note:Contractor subscribing to election fund

  (2) Every one commits an offence who, in order to obtain or retain a contract with the government, or as a term of any such contract, whether express or implied, directly or indirectly subscribes or gives, or agrees to subscribe or give, to any person any valuable consideration

  • (a) for the purpose of promoting the election of a candidate or a class or party of candidates to Parliament or the legislature of a province; or

  • (b) with intent to influence or affect in any way the result of an election conducted for the purpose of electing persons to serve in Parliament or the legislature of a province.

• Marginal note:Punishment

  (3) Every person who commits an offence under this section is guilty of

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

  • (b) an offence punishable on summary conviction.

Marginal note:Selling, etc., of tobacco products and raw leaf tobacco

• 121.1 (1) No person shall sell, offer for sale, transport, deliver, distribute or have in their possession for the purpose of sale a tobacco product, or raw leaf tobacco that is not packaged, unless it is stamped. The terms tobacco product, raw leaf tobacco, packaged and stamped have the same meanings as in section 2 of the Excise Act, 2001.

• Marginal note:Exceptions — subsections 30(2) and 32(2) and (3) of Excise Act, 2001

  (2) Subsection (1) does not apply in any of the circumstances described in any of subsections 30(2) and 32(2) and (3) of the Excise Act, 2001.

• Marginal note:Exception — section 31 of Excise Act, 2001

  (3) A tobacco grower does not contravene subsection (1) by reason only that they have in their possession raw leaf tobacco described in paragraph 31(a), (b) or (c) of the Excise Act, 2001.

• Marginal note:Punishment

  (4) Every person who contravenes 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.

• (5) [Repealed, 2022, c. 15, s. 9]