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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-01-08 and last amended on 2019-12-18. Previous Versions

PART XFraudulent Transactions Relating to Contracts and Trade (continued)

Falsification of Books and Documents (continued)

 [Repealed, 2018, c. 29, s. 44]

Identity Theft and Identity Fraud

Definition of identity information

 For the purposes of sections 402.2 and 403, identity information means any information — including biological or physiological information — of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including a fingerprint, voice print, retina image, iris image, DNA profile, name, address, date of birth, written signature, electronic signature, digital signature, user name, credit card number, debit card number, financial institution account number, passport number, Social Insurance Number, health insurance number, driver’s licence number or password.

  • 2009, c. 28, s. 10

Marginal note:Identity theft

  •  (1) Every person commits an offence who obtains or possesses another person’s identity information with intent to use it to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

  • Marginal note:Trafficking in identity information

    (2) Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person’s identity information, or has it in their possession for any of those purposes, knowing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

  • Marginal note:Clarification

    (3) For the purposes of subsections (1) and (2), an indictable offence referred to in either of those subsections includes an offence under any of the following sections:

    • (a) section 57 (forgery of or uttering forged passport);

    • (b) section 58 (fraudulent use of certificate of citizenship);

    • (c) section 130 (personating peace officer);

    • (d) section 131 (perjury);

    • (e) section 342 (theft, forgery, etc., of credit card);

    • (f) section 362 (false pretence or false statement);

    • (g) section 366 (forgery);

    • (h) section 368 (use, trafficking or possession of forged document);

    • (i) section 380 (fraud); and

    • (j) section 403 (identity fraud).

  • Marginal note:Jurisdiction

    (4) An accused who is charged with an offence under subsection (1) or (2) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody. However, no proceeding in respect of the offence shall be commenced in a province without the consent of the Attorney General of that province if the offence is alleged to have been committed outside that province.

  • Marginal note:Punishment

    (5) Everyone who commits an offence under subsection (1) or (2)

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

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

  • 2009, c. 28, s. 10
  • 2018, c. 29, s. 45

Marginal note:Identity fraud

  •  (1) Everyone commits an offence who fraudulently personates another person, living or dead,

    • (a) with intent to gain advantage for themselves or another person;

    • (b) with intent to obtain any property or an interest in any property;

    • (c) with intent to cause disadvantage to the person being personated or another person; or

    • (d) with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.

  • Marginal note:Clarification

    (2) For the purposes of subsection (1), personating a person includes pretending to be the person or using the person’s identity information — whether by itself or in combination with identity information pertaining to any person — as if it pertains to the person using it.

  • Marginal note:Punishment

    (3) Everyone who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

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

  • R.S., 1985, c. C-46, s. 403
  • 1994, c. 44, s. 27
  • 2009, c. 28, s. 10

 [Repealed, 2018, c. 29, s. 46]

Marginal note:Acknowledging instrument in false name

 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 405
  • 2018, c. 29, s. 46
  • 2019, c. 25, s. 157

Forgery of Trademarks and Trade Descriptions

Marginal note:Forging trademark

 For the purposes of this Part, every one forges a trademark who

  • (a) without the consent of the proprietor of the trademark, makes or reproduces in any manner that trademark or a mark so nearly resembling it as to be calculated to deceive; or

  • (b) falsifies, in any manner, a genuine trademark.

  • R.S., 1985, c. C-46, s. 406
  • 2014, c. 20, s. 366(E)

Marginal note:Offence

 Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, forges a trademark.

  • R.S., 1985, c. C-46, s. 407
  • 2014, c. 20, s. 366(E)

Marginal note:Passing off

 Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not,

  • (a) passes off other wares or services as and for those ordered or required; or

  • (b) makes use, in association with wares or services, of any description that is false in a material respect regarding

    • (i) the kind, quality, quantity or composition,

    • (ii) the geographical origin, or

    • (iii) the mode of the manufacture, production or performance

    of those wares or services.

  • R.S., 1985, c. C-46, s. 408
  • 1992, c. 1, s. 60(F)

Marginal note:Instruments for forging trademark

  •  (1) Every one commits an offence who makes, has in his possession or disposes of a die, block, machine or other instrument designed or intended to be used in forging a trademark.

  • Marginal note:Saving

    (2) No person shall be convicted of an offence under this section where he proves that he acted in good faith in the ordinary course of his business or employment.

  • R.S., 1985, c. C-46, s. 409
  • 2014, c. 20, s. 366(E)

Marginal note:Other offences in relation to trademarks

 Every one commits an offence who, with intent to deceive or defraud,

  • (a) defaces, conceals or removes a trademark or the name of another person from anything without the consent of that other person; or

  • (b) being a manufacturer, dealer, trader or bottler, fills any bottle or siphon that bears the trademark or name of another person, without the consent of that other person, with a beverage, milk, by-product of milk or other liquid commodity for the purpose of sale or traffic.

  • R.S., 1985, c. C-46, s. 410
  • 2014, c. 20, s. 366(E)
 
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