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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2021-11-17 and last amended on 2021-08-27. Previous Versions

PART IXOffences Against Rights of Property (continued)

Offences Resembling Theft

Marginal note:Taking motor vehicle or vessel or found therein without consent

  •  (1) Subject to subsection (1.1), every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply to an occupant of a motor vehicle or vessel who, on becoming aware that it was taken without the consent of the owner, attempted to leave the motor vehicle or vessel, to the extent that it was feasible to do so, or actually left the motor vehicle or vessel.

  • Marginal note:Definition of vessel

    (2) For the purposes of subsection (1), vessel has the same meaning as in section 320.11.

  • R.S., 1985, c. C-46, s. 335
  • R.S., 1985, c. 1 (4th Supp.), s. 15
  • 1997, c. 18, s. 15
  • 2018, c. 21, s. 16

Marginal note:Criminal breach of trust

 Every one who, being a trustee of anything for the use or benefit, whether in whole or in part, of another person, or for a public or charitable purpose, converts, with intent to defraud and in contravention of his trust, that thing or any part of it to a use that is not authorized by the trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 296

 [Repealed, 2018, c. 29, s. 33]

Marginal note:Fraudulently taking cattle or defacing brand

  •  (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,

    • (a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells cattle that are found astray, or

    • (b) fraudulently, in whole or in part,

      • (i) obliterates, alters or defaces a brand or mark on cattle, or

      • (ii) makes a false or counterfeit brand or mark on cattle.

  • Marginal note:Punishment for theft of cattle

    (2) Every person who commits theft of cattle is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Evidence of property in cattle

    (3) In any proceedings under this Act, evidence that cattle are marked with a brand or mark that is recorded or registered in accordance with any Act is, in the absence of any evidence to the contrary, proof that the cattle are owned by the registered owner of that brand or mark.

  • Marginal note:Presumption from possession

    (4) Where an accused is charged with an offence under subsection (1) or (2), the burden of proving that the cattle came lawfully into the possession of the accused or his employee or into the possession of another person on behalf of the accused is on the accused, if the accused is not the registered owner of the brand or mark with which the cattle are marked, unless it appears that possession of the cattle by an employee of the accused or by another person on behalf of the accused was without the knowledge and authority, sanction or approval of the accused.

Marginal note:Taking possession, etc., of drift timber

  •  (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,

    • (a) fraudulently takes, holds, keeps in their possession, conceals, receives, appropriates, purchases or sells any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada;

    • (b) removes, alters, obliterates or defaces a mark or number on such lumber or lumbering equipment; or

    • (c) refuses to deliver such lumber or lumbering equipment up to the owner or to the person in charge of it on behalf of the owner or to a person authorized by the owner to receive it.

  • Marginal note:Dealer in second-hand goods

    (2) Every one who, being a dealer in second-hand goods of any kind, trades or traffics in or has in his possession for sale or traffic any lumbering equipment that is marked with the mark, brand, registered timber mark, name or initials of a person, without the written consent of that person, is guilty of an offence punishable on summary conviction.

  • Marginal note:Search for timber unlawfully detained

    (3) A peace officer who suspects, on reasonable grounds, that any lumber owned by any person and bearing the registered timber mark of that person is kept or detained in or on any place without the knowledge or consent of that person, may enter into or on that place to ascertain whether or not it is detained there without the knowledge or consent of that person.

  • Marginal note:Evidence of property in timber

    (4) Where any lumber or lumbering equipment is marked with a timber mark or a boom chain brand registered under any Act, the mark or brand is, in proceedings under subsection (1), and, in the absence of any evidence to the contrary, proof that it is the property of the registered owner of the mark or brand.

  • Marginal note:Presumption from possession

    (5) Where an accused or his servants or agents are in possession of lumber or lumbering equipment marked with the mark, brand, registered timber mark, name or initials of another person, the burden of proving that it came lawfully into his possession or into possession of his servants or agents is, in proceedings under subsection (1), on the accused.

  • Marginal note:Definitions

    (6) In this section,

    coastal waters of Canada

    coastal waters of Canada includes all of Queen Charlotte Sound, all the Strait of Georgia and the Canadian waters of the Strait of Juan de Fuca; (eaux côtières du Canada)

    lumber

    lumber means timber, mast, spar, shingle bolt, sawlog or lumber of any description; (bois)

    lumbering equipment

    lumbering equipment includes a boom chain, chain, line and shackle. (matériel d’exploitation forestière)

Marginal note:Destroying documents of title

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, for a fraudulent purpose, destroys, cancels, conceals or obliterates

  • (a) a document of title to goods or lands,

  • (b) a valuable security or testamentary instrument, or

  • (c) a judicial or official document.

Marginal note:Fraudulent concealment

 Every person who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of

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

  • (b) an offence punishable on summary conviction.

Marginal note:Theft, forgery, etc., of credit card

  •  (1) Every person who

    • (a) steals a credit card,

    • (b) forges or falsifies a credit card,

    • (c) possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered

      • (i) by the commission in Canada of an offence, or

      • (ii) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence, or

    • (d) uses a credit card knowing that it has been revoked or cancelled,

    is guilty of

    • (e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or

    • (f) an offence punishable on summary conviction.

  • Marginal note:Jurisdiction

    (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be commenced in that place without the consent of the Attorney General of that province.

  • Marginal note:Unauthorized use of credit card data

    (3) Every person who, fraudulently and without colour of right, possesses, uses, traffics in or permits another person to use credit card data, including personal authentication information, whether or not the data is authentic, that would enable a person to use a credit card or to obtain the services that are provided by the issuer of a credit card to credit card holders is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Definitions

    (4) In this section,

    personal authentication information

    personal authentication information means a personal identification number or any other password or information that a credit card holder creates or adopts to be used to authenticate his or her identity in relation to the credit card; (authentifiant personnel)

    traffic

    traffic means, in relation to a credit card or credit card data, to sell, export from or import into Canada, distribute or deal with in any other way.  (trafic)

  • R.S., 1985, c. C-46, s. 342
  • R.S., 1985, c. 27 (1st Supp.), ss. 44, 185(F)
  • 1997, c. 18, s. 16
  • 2009, c. 28, s. 4

Marginal note:Instruments for copying credit card data or forging or falsifying credit cards

  •  (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction, who, without lawful justification or excuse, makes, repairs, buys, sells, exports from Canada, imports into Canada or possesses any instrument, device, apparatus, material or thing that they know has been used or know is adapted or intended for use

    • (a) in the copying of credit card data for use in the commission of an offence under subsection 342(3); or

    • (b) in the forging or falsifying of credit cards.

  • Marginal note:Forfeiture

    (2) Where a person is convicted of an offence under subsection (1), any instrument, device, apparatus, material or thing in relation to which the offence was committed or the possession of which constituted the offence may, in addition to any other punishment that may be imposed, be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs.

  • Marginal note:Limitation

    (3) No order of forfeiture may be made under subsection (2) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1).

  • 1997, c. 18, s. 17
  • 2009, c. 28, s. 5

Marginal note:Unauthorized use of computer

  •  (1) Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction who, fraudulently and without colour of right,

    • (a) obtains, directly or indirectly, any computer service;

    • (b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;

    • (c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or under section 430 in relation to computer data or a computer system; or

    • (d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c).

  • Marginal note:Definitions

    (2) In this section,

    computer data

    computer data means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system;  (données informatiques)

    computer password

    computer password means any computer data by which a computer service or computer system is capable of being obtained or used; (mot de passe)

    computer program

    computer program means computer data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function; (programme d’ordinateur)

    computer service

    computer service includes data processing and the storage or retrieval of computer data; (service d’ordinateur)

    computer system

    computer system means a device that, or a group of interconnected or related devices one or more of which,

    • (a) contains computer programs or other computer data, and

    • (b) by means of computer programs,

      • (i) performs logic and control, and

      • (ii) may perform any other function; (ordinateur)

    data

    data[Repealed, 2014, c. 31, s. 16]

    electro-magnetic, acoustic, mechanical or other device

    electro-magnetic, acoustic, mechanical or other device means any device or apparatus that is used or is capable of being used to intercept any function of a computer system, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing; (dispositif électromagnétique, acoustique, mécanique ou autre)

    function

    function includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system; (fonction)

    intercept

    intercept includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof; (intercepter)

    traffic

    traffic means, in respect of a computer password, to sell, export from or import into Canada, distribute or deal with in any other way. (trafic)

  • R.S., 1985, c. 27 (1st Supp.), s. 45
  • 1997, c. 18, s. 18
  • 2014, c. 31, s. 16
 
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