Criminal Code (R.S.C., 1985, c. C-46)
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Act current to 2021-01-10 and last amended on 2020-07-01. Previous Versions
PART IXOffences Against Rights of Property (continued)
Criminal Interest Rate (continued)
Marginal note:Definitions
347.1 (1) The following definitions apply in subsection (2).
- interest
interest has the same meaning as in subsection 347(2). (intérêts)
- payday loan
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
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by the lieutenant governor in council of the province or if the legislative measures described in that subsection are no longer in force in that province.
- 2007, c. 9, s. 2
Breaking and Entering
Marginal note:Breaking and entering with intent, committing offence or breaking out
(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
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
Marginal note:Definition of place
(3) For the purposes of this section and section 351, place means
- R.S., 1985, c. C-46, s. 348
- R.S., 1985, c. 27 (1st Supp.), s. 47
- 1997, c. 18, s. 20
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.
- 2002, c. 13, s. 15
- 2008, c. 6, s. 34
Marginal note:Being unlawfully in dwelling-house
349 (1) Every person who, without lawful excuse, 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 of not more than 10 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.
- R.S., 1985, c. C-46, s. 349
- 1997, c. 18, s. 21
- 2018, c. 29, s. 35
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
- R.S., 1985, c. C-46, s. 350
- 2018, c. 29, s. 36
Marginal note:Possession of break-in instrument
351 (1) Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose,
Marginal note:Disguise with intent
(2) Every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised is guilty of
- R.S., 1985, c. C-46, s. 351
- R.S., 1985, c. 27 (1st Supp.), s. 48
- 2008, c. 18, s. 9
- 2018, c. 29, s. 37
- 2019, c. 25, s. 128
Marginal note:Possession of instruments for breaking into coin-operated or currency exchange devices
352 Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into a coin-operated device or a currency exchange device, knowing that the instrument has been used or is or was intended to be used for that purpose, 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. 352
- 2018, c. 29, s. 38
- 2019, c. 25, s. 129
- Date modified: