PART IXOffences Against Rights of Property (continued)
Marginal note:Misappropriation of money held under direction
332 (1) Every one commits theft who, having received, either solely or jointly with another person, money or valuable security or a power of attorney for the sale of real or personal property, with a direction that the money or a part of it, or the proceeds or a part of the proceeds of the security or the property shall be applied to a purpose or paid to a person specified in the direction, fraudulently and contrary to the direction applies to any other purpose or pays to any other person the money or proceeds or any part of it.
Marginal note:Effect of entry in account
(2) This section does not apply where a person who receives anything mentioned in subsection (1) and the person from whom he receives it deal with each other on such terms that all money paid to the former would, in the absence of any such direction, be properly treated as an item in a debtor and creditor account between them, unless the direction is in writing.
- R.S., c. C-34, s. 292
Marginal note:Taking ore for scientific purpose
333 No person commits theft by reason only that he takes, for the purpose of exploration or scientific investigation, a specimen of ore or mineral from land that is not enclosed and is not occupied or worked as a mine, quarry or digging.
- R.S., c. C-34, s. 293
Marginal note:Motor vehicle theft
(a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years, and to a minimum punishment of imprisonment for a term of six months in the case of a third or subsequent offence under this subsection; or
(b) on summary conviction, to imprisonment for a term of not more than 18 months.
Marginal note:Subsequent offences
(2) For the purpose of determining whether a convicted person has committed a third or subsequent offence, an offence for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings.
- 2010, c. 14, s. 3
Marginal note:Punishment for theft
334 Except where otherwise provided by law, every one who commits theft
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of what is stolen does not exceed five thousand dollars.
- R.S., 1985, c. C-46, s. 334
- R.S., 1985, c. 27 (1st Supp.), s. 43
- 1994, c. 44, s. 20
Offences Resembling Theft
Marginal note:Taking motor vehicle or vessel or found therein without consent
335 (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.
(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
336 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
337 [Repealed, 2018, c. 29, s. 33]
Marginal note:Fraudulently taking cattle or defacing brand
(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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Marginal note:Punishment for theft of cattle
(2) Every one who commits theft of cattle is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
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.
- R.S., c. C-34, s. 298
- 1974-75-76, c. 93, s. 26
Marginal note:Taking possession, etc., of drift timber
(a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells,
(b) removes, alters, obliterates or defaces a mark or number on, or
(c) refuses to deliver up to the owner or to the person in charge thereof on behalf of the owner or to a person authorized by the owner to receive it,
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.
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.
(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 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)
- R.S., c. C-34, s. 299
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