PART IXOffences Against Rights of Property (continued)
Possession and Trafficking (continued)
355.5 Everyone who commits an offence under section 355.2 or 355.4
(a) is, if the value of the subject matter of the offence is more than $5,000, guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or
(b) is, if the value of the subject matter of the offence is not more than $5,000,
- 2010, c. 14, s. 6.
Marginal note:Theft from mail
(i) anything sent by post, after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail,
(ii) a bag, sack or other container or covering in which mail is conveyed, whether or not it contains mail, or
(iii) a key suited to a lock adopted for use by the Canada Post Corporation;
(a.1) with intent to commit an offence under paragraph (a), makes, possesses or uses a copy of a key suited to a lock adopted for use by the Canada Post Corporation, or a key suited to obtaining access to a receptacle or device provided for the receipt of mail;
(b) has in their possession anything that they know has been used to commit an offence under paragraph (a) or (a.1) or anything in respect of which they know that such an offence has been committed; or
(c) fraudulently redirects, or causes to be redirected, anything sent by post.
Marginal note:Allegation of value not necessary
(2) In proceedings for an offence under this section it is not necessary to allege in the indictment or to prove on the trial that anything in respect of which the offence was committed had any value.
(3) Everyone who commits an offence under subsection (1)
- R.S., 1985, c. C-46, s. 356;
- 2009, c. 28, s. 6.
Marginal note:Bringing into Canada property obtained by crime
357 Every one who brings into or has in Canada anything that he has obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 is guilty of an indictable offence and liable to a term of imprisonment not exceeding ten years.
- R.S., 1985, c. C-46, s. 357;
- R.S., 1985, c. 27 (1st Supp.), s. 50.
Marginal note:Having in possession when complete
358 For the purposes of sections 342 and 354 and paragraph 356(1)(b), the offence of having in possession is complete when a person has, alone or jointly with another person, possession of or control over anything mentioned in those sections or when he aids in concealing or disposing of it, as the case may be.
- R.S., 1985, c. C-46, s. 358;
- R.S., 1985, c. 27 (1st Supp.), s. 50.
359 [Repealed, 2018, c. 29, s. 40]
360 [Repealed, 2018, c. 29, s. 40]
Marginal note:False pretence
361 (1) A false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it.
(2) Exaggerated commendation or depreciation of the quality of anything is not a false pretence unless it is carried to such an extent that it amounts to a fraudulent misrepresentation of fact.
Marginal note:Question of fact
(3) For the purposes of subsection (2), it is a question of fact whether commendation or depreciation amounts to a fraudulent misrepresentation of fact.
- R.S., c. C-34, s. 319.
Marginal note:False pretence or false statement
(a) by a false pretence, whether directly or through the medium of a contract obtained by a false pretence, obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person;
(b) obtains credit by a false pretence or by fraud;
(c) knowingly makes or causes to be made, directly or indirectly, a false statement in writing with intent that it should be relied on, with respect to the financial condition or means or ability to pay of himself or herself or any person or organization that he or she is interested in or that he or she acts for, for the purpose of procuring, in any form whatever, whether for his or her benefit or the benefit of that person or organization,
(d) knowing that a false statement in writing has been made with respect to the financial condition or means or ability to pay of himself or herself or another person or organization that he or she is interested in or that he or she acts for, procures on the faith of that statement, whether for his or her benefit or for the benefit of that person or organization, anything mentioned in subparagraphs (c)(i) to (vi).
(2) Every one who commits an offence under paragraph (1)(a)
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding ten years, where the property obtained is a testamentary instrument or the value of what is obtained 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 obtained does not exceed five thousand dollars.
(3) Every one who commits an offence under paragraph (1)(b), (c) or (d) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Marginal note:Presumption from cheque issued without funds
(4) Where, in proceedings under paragraph (1)(a), it is shown that anything was obtained by the accused by means of a cheque that, when presented for payment within a reasonable time, was dishonoured on the ground that no funds or insufficient funds were on deposit to the credit of the accused in the bank or other institution on which the cheque was drawn, it shall be presumed to have been obtained by a false pretence, unless the court is satisfied by evidence that when the accused issued the cheque he believed on reasonable grounds that it would be honoured if presented for payment within a reasonable time after it was issued.
Definition of cheque
(5) In this section, cheque includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors.
- R.S., 1985, c. C-46, s. 362;
- R.S., 1985, c. 27 (1st Supp.), s. 52;
- 1994, c. 44, s. 22;
- 2003, c. 21, s. 5.
Marginal note:Obtaining execution of valuable security by fraud
363 Every one who, with intent to defraud or injure another person, by a false pretence causes or induces any person
(a) to execute, make, accept, endorse or destroy the whole or any part of a valuable security, or
(b) to write, impress or affix a name or seal on any paper or parchment in order that it may afterwards be made or converted into or used or dealt with as a valuable security,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
- R.S., c. C-34, s. 321.
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