PART XFraudulent Transactions Relating to Contracts and Trade (continued)
Identity Theft and Identity Fraud (continued)
Marginal note:Identity theft
402.2 (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.
(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).
(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.
(5) Everyone who commits an offence under subsection (1) or (2)
- 2009, c. 28, s. 10
- 2018, c. 29, s. 45
Marginal note:Identity fraud
(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.
(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.
(3) Everyone who commits an offence under subsection (1)
- R.S., 1985, c. C-46, s. 403
- 1994, c. 44, s. 27
- 2009, c. 28, s. 10
404 [Repealed, 2018, c. 29, s. 46]
Marginal note:Acknowledging instrument in false name
405 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 of bail, a confession of judgment, a consent to judgment or a judgment, deed or other instrument is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
- R.S., 1985, c. C-46, s. 405
- 2018, c. 29, s. 46
Forgery of Trade-marks and Trade Descriptions
Marginal note:Forging trade-mark
406 For the purposes of this Part, every one forges a trade-mark who
(a) without the consent of the proprietor of the trade-mark, makes or reproduces in any manner that trade-mark or a mark so nearly resembling it as to be calculated to deceive; or
(b) falsifies, in any manner, a genuine trade-mark.
- R.S., c. C-34, s. 364
407 Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, forges a trade-mark.
- R.S., c. C-34, s. 365
Marginal note:Passing off
408 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 trade-mark
(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., c. C-34, s. 367
Marginal note:Other offences in relation to trade-marks
410 Every one commits an offence who, with intent to deceive or defraud,
(a) defaces, conceals or removes a trade-mark 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 trade-mark 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., c. C-34, s. 368
Marginal note:Used goods sold without disclosure
411 Every one commits an offence who sells, exposes or has in his possession for sale, or advertises for sale, goods that have been used, reconditioned or remade and that bear the trade-mark or the trade-name of another person, without making full disclosure that the goods have been reconditioned, rebuilt or remade for sale and that they are not then in the condition in which they were originally made or produced.
- R.S., c. C-34, s. 369
(2) Anything by means of or in relation to which a person commits an offence under section 407, 408, 409, 410 or 411 is, unless the court otherwise orders, forfeited on the conviction of that person for that offence.
- R.S., c. C-34, s. 370
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