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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-11-19 and last amended on 2019-09-19. Previous Versions

PART VIIDisorderly Houses, Gaming and Betting (continued)

Gaming and Betting (continued)

Marginal note:Exemption — lottery scheme on an international cruise ship

  •  (1) Despite any of the provisions of this Part relating to gaming and betting, it is lawful for the owner or operator of an international cruise ship, or their agent, to conduct, manage or operate and for any person to participate in a lottery scheme during a voyage on an international cruise ship when all of the following conditions are satisfied:

    • (a) all the people participating in the lottery scheme are located on the ship;

    • (b) the lottery scheme is not linked, by any means of communication, with any lottery scheme, betting, pool selling or pool system of betting located off the ship;

    • (c) the lottery scheme is not operated within five nautical miles of a Canadian port at which the ship calls or is scheduled to call; and

    • (d) the ship is registered

      • (i) in Canada and its entire voyage is scheduled to be outside Canada, or

      • (ii) anywhere, including Canada, and its voyage includes some scheduled voyaging within Canada and the voyage

        • (A) is of at least forty-eight hours duration and includes some voyaging in international waters and at least one non-Canadian port of call including the port at which the voyage begins or ends, and

        • (B) is not scheduled to disembark any passengers at a Canadian port who have embarked at another Canadian port, without calling on at least one non-Canadian port between the two Canadian ports.

  • Marginal note:Paragraph 207(1)(h) and subsection 207(5) apply

    (2) For greater certainty, paragraph 207(1)(h) and subsection 207(5) apply for the purposes of this section.

  • Marginal note:Offence

    (3) Every one who, for the purpose of a lottery scheme, does anything that is not authorized by this section

    • (a) in the case of the conduct, management or operation of the lottery scheme,

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

      • (ii) is guilty of an offence punishable on summary conviction; and

    • (b) in the case of participating in the lottery scheme, is guilty of an offence punishable on summary conviction.

  • Marginal note:Definitions

    (4) The definitions in this subsection apply in this section.

    international cruise ship

    international cruise ship means a passenger ship that is suitable for continuous ocean voyages of at least forty-eight hours duration, but does not include such a ship that is used or fitted for the primary purpose of transporting cargo or vehicles. (navire de croisière internationale)

    lottery scheme

    lottery scheme means a game or any proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g), whether or not it involves betting, pool selling or a pool system of betting. It does not include

    • (a) three-card monte, punch board or coin table; or

    • (b) bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any race or fight, or on a single sporting event or athletic contest. (loterie)

  • 1999, c. 5, s. 7

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 32]

Marginal note:Cheating at play

 Every person who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting 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.

  • R.S., 1985, c. C-46, s. 209
  • 2019, c. 25, s. 72

 [Repealed, 2019, c. 25, s. 73]

 [Repealed, 2019, c. 25, s. 73]

 [Repealed, 2014, c. 25, s. 13]

Offences in Relation to Offering, Providing or Obtaining Sexual Services for Consideration

Marginal note:Stopping or impeding traffic

  •  (1) Everyone is guilty of an offence punishable on summary conviction who, in a public place or in any place open to public view, for the purpose of offering, providing or obtaining sexual services for consideration,

    • (a) stops or attempts to stop any motor vehicle; or

    • (b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place.

    • (c) [Repealed, 2014, c. 25, s. 15]

  • Marginal note:Communicating to provide sexual services for consideration

    (1.1) Everyone is guilty of an offence punishable on summary conviction who communicates with any person — for the purpose of offering or providing sexual services for consideration  —  in a public place, or in any place open to public view, that is or is next to a school ground, playground or daycare centre.

  • Definition of public place

    (2) In this section, public place includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.

  • R.S., 1985, c. C-46, s. 213
  • R.S., 1985, c. 51 (1st Supp.), s. 1
  • 2014, c. 25, s. 15

PART VIIIOffences Against the Person and Reputation

Interpretation

Marginal note:Definitions

 In this Part,

abandon

abandon or expose includes

  • (a) a wilful omission to take charge of a child by a person who is under a legal duty to do so, and

  • (b) dealing with a child in a manner that is likely to leave that child exposed to risk without protection; (abandonner ou exposer)

aircraft

aircraft[Repealed, 2018, c. 21, s. 13]

child

child[Repealed, 2002, c. 13, s. 9]

form of marriage

form of marriage includes a ceremony of marriage that is recognized as valid

  • (a) by the law of the place where it was celebrated, or

  • (b) by the law of the place where an accused is tried, notwithstanding that it is not recognized as valid by the law of the place where it was celebrated; (formalité de mariage)

guardian

guardian includes a person who has in law or in fact the custody or control of a child. (tuteur)

operate

operate[Repealed, 2018, c. 21, s. 13]

vessel

vessel[Repealed, 2018, c. 21, s. 13]

  • R.S., 1985, c. C-46, s. 214
  • R.S., 1985, c. 27 (1st Supp.), s. 33, c. 32 (4th Supp.), s. 56
  • 2002, c. 13, s. 9
  • 2018, c. 21, s. 13

Duties Tending to Preservation of Life

Marginal note:Duty of persons to provide necessaries

  •  (1) Every one is under a legal duty

    • (a) as a parent, foster parent, guardian or head of a family, to provide necessaries of life for a child under the age of sixteen years;

    • (b) to provide necessaries of life to their spouse or common-law partner; and

    • (c) to provide necessaries of life to a person under his charge if that person

      • (i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and

      • (ii) is unable to provide himself with necessaries of life.

  • Marginal note:Offence

    (2) Every person commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse to perform that duty, if

    • (a) with respect to a duty imposed by paragraph (1)(a) or (b),

      • (i) the person to whom the duty is owed is in destitute or necessitous circumstances, or

      • (ii) the failure to perform the duty endangers the life of the person to whom the duty is owed, or causes or is likely to cause the health of that person to be endangered permanently; or

    • (b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.

  • Marginal note:Punishment

    (3) Every one who commits an offence under subsection (2)

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

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

  • Marginal note:Presumptions

    (4) For the purpose of proceedings under this section,

    • (a) [Repealed, 2000, c. 12, s. 93]

    • (b) evidence that a person has in any way recognized a child as being his child is, in the absence of any evidence to the contrary, proof that the child is his child;

    • (c) evidence that a person has failed for a period of one month to make provision for the maintenance of any child of theirs under the age of sixteen years is, in the absence of any evidence to the contrary, proof that the person has failed without lawful excuse to provide necessaries of life for the child; and

    • (d) the fact that a spouse or common-law partner or child is receiving or has received necessaries of life from another person who is not under a legal duty to provide them is not a defence.

  • R.S., 1985, c. C-46, s. 215
  • 1991, c. 43, s. 9
  • 2000, c. 12, ss. 93, 95
  • 2005, c. 32, s. 11
  • 2018, c. 29, s. 18
  • 2019, c. 25, s. 74
 
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