Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Definitions

• 347.1 (1) The following definitions apply in subsection (2).

  interest

  intérêts

  interest has the same meaning as in subsection 347(2). (intérêts)

  payday loan

  prêt sur salaire

  payday loan means an advancement of money in exchange for a post-dated cheque, a pre-authorized debit or a future payment of a similar nature but not for any guarantee, suretyship, overdraft protection or security on property and not through a margin loan, pawnbroking, a line of credit or a credit card. (prêt sur salaire)

• Marginal note:Non-application

  (2) Section 347 and section 2 of the Interest Act do not apply to a person, other than a financial institution within the meaning of paragraphs (a) to (d) of the definition financial institution in section 2 of the Bank Act, in respect of a payday loan agreement entered into by the person to receive interest, or in respect of interest received by that person under the agreement, if

  • (a) the amount of money advanced under the agreement is $1,500 or less and the term of the agreement is 62 days or less;

  • (b) the person is licensed or otherwise specifically authorized under the laws of a province to enter into the agreement; and

  • (c) the province is designated under subsection (3).

• Marginal note:Designation of province

  (3) The Governor in Council shall, by order and at the request of the lieutenant governor in council of a province, designate the province for the purposes of this section if the province has legislative measures that protect recipients of payday loans and that provide for limits on the total cost of borrowing under the agreements.

• Marginal note:Revocation

  (4) The Governor in Council shall, by order, revoke the designation made under subsection (3) if requested to do so by the lieutenant governor in council of the province or if the legislative measures described in that subsection are no longer in force in that province.

Breaking and Entering

Marginal note:Breaking and entering with intent, committing offence or breaking out

• 348 (1) Every one who

  • (a) breaks and enters a place with intent to commit an indictable offence therein,

  • (b) breaks and enters a place and commits an indictable offence therein, or

  • (c) breaks out of a place after

    • (i) committing an indictable offence therein, or

    • (ii) entering the place with intent to commit an indictable offence therein,

  is guilty

  • (d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and

  • (e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

• Marginal note:Presumptions

  (2) For the purposes of proceedings under this section, evidence that an accused

  • (a) broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or

  • (b) broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after

    • (i) committing an indictable offence therein, or

    • (ii) entering with intent to commit an indictable offence therein.

• Marginal note:Definition of place

  (3) For the purposes of this section and section 351, place means

  • (a) a dwelling-house;

  • (b) a building or structure or any part thereof, other than a dwelling-house;

  • (c) a railway vehicle, a vessel, an aircraft or a trailer; or

  • (d) a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.

Marginal note:Aggravating circumstance — home invasion

348.1 If a person is convicted of an offence under section 98 or 98.1, subsection 279(2) or section 343, 346 or 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,

• (a) knew that or was reckless as to whether the dwelling-house was occupied; and

• (b) used violence or threats of violence to a person or property.

Marginal note:Being unlawfully in dwelling-house

• 349 (1) Every person who, without lawful excuse, the proof of which lies on that person, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

• Marginal note:Presumption

  (2) For the purposes of proceedings under this section, evidence that an accused, without lawful excuse, entered or was in a dwelling-house is, in the absence of any evidence to the contrary, proof that he entered or was in the dwelling-house with intent to commit an indictable offence therein.

Marginal note:Entrance

350 For the purposes of sections 348 and 349,

• (a) a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and

• (b) a person shall be deemed to have broken and entered if

  • (i) he obtained entrance by a threat or an artifice or by collusion with a person within, or

  • (ii) he entered without lawful justification or excuse, the proof of which lies on him, by a permanent or temporary opening.

Marginal note:Possession of break-in instrument

• 351 (1) Every one who, without lawful excuse, the proof of which lies on them, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for such a purpose,

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

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

• Marginal note:Disguise with intent

  (2) Every one who, with intent to commit an indictable offence, has his face masked or coloured or is otherwise disguised is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Marginal note:Possession of instruments for breaking into coin-operated or currency exchange devices

352 Every one who, without lawful excuse, the proof of which lies on him, has in his possession any instrument suitable for breaking into a coin-operated device or a currency exchange device, under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for breaking into a coin-operated device or a currency exchange device, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.