Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Presumption of operation

320.35 In proceedings in respect of an offence under section 320.14 or 320.15, if it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a conveyance, the accused is presumed to have been operating the conveyance unless they establish that they did not occupy that seat or position for the purpose of setting the conveyance in motion.

General Provisions

Marginal note:Unauthorized use of bodily substance

• 320.36 (1) No person shall use a bodily substance obtained under this Part for any purpose other than for an analysis under this Part.

• Marginal note:Unauthorized use or disclosure of results

  (2) No person shall use, disclose or allow the disclosure of the results obtained under this Part of any evaluation, physical coordination test or analysis of a bodily substance, except for the purpose of the administration or enforcement of a federal or provincial Act related to drugs and/or alcohol and/or to the operation of a motor vehicle, vessel, aircraft or railway equipment.

• Marginal note:Exception

  (3) The results of an evaluation, test or analysis referred to in subsection (2) may be disclosed to the person to whom they relate, and may be disclosed to any other person if the results are made anonymous and the disclosure is made for statistical or research purposes.

• Marginal note:Offence

  (4) Everyone who contravenes subsection (1) or (2) commits an offence punishable on summary conviction.

Marginal note:Refusal to take sample

• 320.37 (1) No qualified medical practitioner or qualified technician shall be found guilty of an offence by reason only of their refusal to take a sample of blood from a person for the purposes of this Part if they have a reasonable excuse for refusing to do so.

• Marginal note:No liability

  (2) No qualified medical practitioner, and no qualified technician, who takes a sample of blood from a person under this Part incurs any liability for doing anything necessary to take the sample that was done with reasonable care and skill.

Marginal note:Regulations

320.38 The Governor in Council may make regulations

• (a) prescribing the qualifications required for a peace officer to act as an evaluating officer and respecting the training of evaluating officers;

• (b) prescribing the blood drug concentration for a drug for the purpose of paragraph 320.14(1)(c);

• (c) prescribing a blood alcohol concentration and a blood drug concentration for a drug for the purposes of paragraph 320.14(1)(d);

• (d) prescribing the blood drug concentration for a drug for the purpose of subsection 320.14(4);

• (e) prescribing the physical coordination tests to be conducted under paragraph 320.27(1)(a); and

• (f) prescribing the tests to be conducted and procedures to be followed during an evaluation under paragraph 320.28(2)(a) and the forms to be used in recording the results of the evaluation.

Marginal note:Approval — Attorney General of Canada

320.39 The Attorney General of Canada may, by order, approve

• (a) a device that is designed to ascertain the presence of alcohol in a person’s blood;

• (b) equipment that is designed to ascertain the presence of a drug in a person’s body;

• (c) an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration; and

• (d) a container that is designed to receive a sample of a person’s blood for analysis.

Marginal note:Designation — Attorney General

320.4 The Attorney General may designate

• (a) a person as qualified, for the purposes of this Part, to operate an approved instrument;

• (b) a person or class of persons as qualified, for the purposes of this Part,

  • (i) to take samples of blood, or

  • (ii) to analyze samples of bodily substances; and

• (c) a person or class of persons as qualified, for the purposes of this Part, to certify that an alcohol standard is suitable for use with an approved instrument.

PART IXOffences Against Rights of Property

Interpretation

Marginal note:Definitions

321 In this Part,

break

break means

• (a) to break any part, internal or external, or

• (b) to open any thing that is used or intended to be used to close or to cover an internal or external opening; (effraction)

credit card

credit card means any card, plate, coupon book or other device issued or otherwise distributed for the purpose of being used

• (a) on presentation to obtain, on credit, money, goods, services or any other thing of value, or

• (b) in an automated teller machine, a remote service unit or a similar automated banking device to obtain any of the services offered through the machine, unit or device; (carte de crédit)

document

document means any paper, parchment or other material on which is recorded or marked anything that is capable of being read or understood by a person, computer system or other device, and includes a credit card, but does not include trademarks on articles of commerce or inscriptions on stone or metal or other like material; (document)

exchequer bill

exchequer bill means a bank-note, bond, note, debenture or security that is issued or guaranteed by Her Majesty under the authority of Parliament or the legislature of a province; (bon du Trésor)

exchequer bill paper

exchequer bill paper means paper that is used to manufacture exchequer bills; (papier de bons du Trésor)

false document

false document means a document

• (a) the whole or a material part of which purports to be made by or on behalf of a person

  • (i) who did not make it or authorize it to be made, or

  • (ii) who did not in fact exist,

• (b) that is made by or on behalf of the person who purports to make it but is false in some material particular,

• (c) that is made in the name of an existing person, by him or under his authority, with a fraudulent intention that it should pass as being made by a person, real or fictitious, other than the person who makes it or under whose authority it is made; (faux document)

revenue paper

revenue paper means paper that is used to make stamps, licences or permits or for any purpose connected with the public revenue. (papier de revenu)

Theft

Marginal note:Theft

• 322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

  • (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;

  • (b) to pledge it or deposit it as security;

  • (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or

  • (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

• Marginal note:Time when theft completed

  (2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.

• Marginal note:Secrecy

  (3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.

• Marginal note:Purpose of taking

  (4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.

• Marginal note:Wild living creature

  (5) For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.

Marginal note:Oysters

• 323 (1) Where oysters and oyster brood are in oyster beds, layings or fisheries that are the property of any person and are sufficiently marked out or known as the property of that person, that person shall be deemed to have a special property or interest in them.

• Marginal note:Oyster bed

  (2) An indictment is sufficient if it describes an oyster bed, laying or fishery by name or in any other way, without stating that it is situated in a particular territorial division.

Marginal note:Theft by bailee of things under seizure

324 Every one who is a bailee of anything that is under lawful seizure by a peace officer or public officer in the execution of the duties of his office, and who is obliged by law or agreement to produce and deliver it to that officer or to another person entitled thereto at a certain time and place, or on demand, steals it if he does not produce and deliver it in accordance with his obligation, but he does not steal it if his failure to produce and deliver it is not the result of a wilful act or omission by him.

Marginal note:Agent pledging goods, when not theft

325 A factor or an agent does not commit theft by pledging or giving a lien on goods or documents of title to goods that are entrusted to him for the purpose of sale or for any other purpose, if the pledge or lien is for an amount that does not exceed the sum of

• (a) the amount due to him from his principal at the time the goods or documents are pledged or the lien is given; and

• (b) the amount of any bill of exchange that he has accepted for or on account of his principal.

Marginal note:Theft of telecommunication service

• 326 (1) Every one commits theft who fraudulently, maliciously, or without colour of right,

  • (a) abstracts, consumes or uses electricity or gas or causes it to be wasted or diverted; or

  • (b) uses any telecommunication facility or obtains any telecommunication service.

• (2) [Repealed, 2014, c. 31, s. 14]

Marginal note:Possession of device to obtain use of telecommunication facility or service

• 327 (1) Every person who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, knowing that the device has been used or is intended to be used for that purpose, is

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

  • (b) guilty of an offence punishable on summary conviction.

• Marginal note:Forfeiture

  (2) If a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs.

• Marginal note:Limitation

  (3) No order for forfeiture is to be made in respect of telecommunication facilities or equipment by means of which an offence under subsection (1) is committed if they are owned by a person engaged in providing a telecommunication service to the public or form part of such a person’s telecommunication service or system and that person is not a party to the offence.

• Marginal note:Definition of device

  (4) In this section, device includes

  • (a) a component of a device; and

  • (b) a computer program within the meaning of subsection 342.1(2).

Marginal note:Theft by or from person having special property or interest

328 A person may be convicted of theft notwithstanding that anything that is alleged to have been stolen was stolen

• (a) by the owner of it from a person who has a special property or interest in it;

• (b) by a person who has a special property or interest in it from the owner of it;

• (c) by a lessee of it from his reversioner;

• (d) by one of several joint owners, tenants in common or partners of or in it from the other persons who have an interest in it; or

• (e) by the representatives of an organization from the organization.

329 [Repealed, 2000, c. 12, s. 94]

Marginal note:Theft by person required to account

• 330 (1) Every one commits theft who, having received anything from any person on terms that require him to account for or pay it or the proceeds of it or a part of the proceeds to that person or another person, fraudulently fails to account for or pay it or the proceeds of it or the part of the proceeds of it accordingly.

• Marginal note:Effect of entry in account

  (2) Where subsection (1) otherwise applies, but one of the terms is that the thing received or the proceeds or part of the proceeds of it shall be an item in a debtor and creditor account between the person who receives the thing and the person to whom he is to account for or to pay it, and that the latter shall rely only on the liability of the other as his debtor in respect thereof, a proper entry in that account of the thing received or the proceeds or part of the proceeds of it, as the case may be, is a sufficient accounting therefor, and no fraudulent conversion of the thing or the proceeds or part of the proceeds of it thereby accounted for shall be deemed to have taken place.