Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2018-12-12 and last amended on 2018-10-17. Previous Versions

PART XFraudulent Transactions Relating to Contracts and Trade (continued)

Identity Theft and Identity Fraud (continued)

Marginal note:Personation at examination

 Every one who falsely, with intent to gain advantage for himself or some other person, personates a candidate at a competitive or qualifying examination held under the authority of law or in connection with a university, college or school or who knowingly avails himself of the results of such personation is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 362.

Marginal note:Acknowledging instrument in false name

 Every one who, without lawful authority or excuse, the proof of which lies on him, 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 not exceeding five years.

  • R.S., c. C-34, s. 363.

Forgery of Trade-marks and Trade Descriptions

Marginal note:Forging trade-mark

 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.

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 trade-mark.

  • R.S., c. C-34, s. 365.

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 trade-mark

  •  (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 trade-mark.

  • 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., c. C-34, s. 367.

Marginal note:Other offences in relation to trade-marks

 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

 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.

Marginal note:Punishment

  •  (1) Every one who commits an offence under section 407, 408, 409, 410 or 411 is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Forfeiture

    (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.

Marginal note:Falsely claiming royal warrant

 Every one who falsely represents that goods are made by a person holding a royal warrant, or for the service of Her Majesty, a member of the Royal Family or a public department is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 371.

Marginal note:Presumption from port of shipment

 Where, in proceedings under this Part, the alleged offence relates to imported goods, evidence that the goods were shipped to Canada from a place outside Canada is, in the absence of any evidence to the contrary, proof that the goods were made or produced in the country from which they were shipped.

  • R.S., c. C-34, s. 372.

Wreck

Marginal note:Offences in relation to wreck

 Every one who

  • (a) secretes wreck, defaces or obliterates the marks on wreck or uses any means to disguise or conceal the fact that anything is wreck, or in any manner conceals the character of wreck, from a person who is entitled to inquire into the wreck,

  • (b) receives wreck, knowing that it is wreck, from a person other than the owner thereof or a receiver of wreck, and does not within forty-eight hours thereafter inform the receiver of wreck thereof,

  • (c) offers wreck for sale or otherwise deals with it, knowing that it is wreck, and not having a lawful authority to sell or deal with it,

  • (d) keeps wreck in his possession knowing that it is wreck, without lawful authority to keep it, for any time longer than the time reasonably necessary to deliver it to the receiver of wreck, or

  • (e) boards, against the will of the master, a vessel that is wrecked, stranded or in distress unless he is a receiver of wreck or a person acting under orders of a receiver of wreck,

is guilty of

  • (f) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

  • (g) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 373.

Public Stores

Marginal note:Distinguishing mark on public stores

 The Governor in Council may, by notice to be published in the Canada Gazette, prescribe distinguishing marks that are appropriated for use on public stores to denote the property of Her Majesty therein, whether the stores belong to Her Majesty in right of Canada or to Her Majesty in any other right.

  • R.S., c. C-34, s. 374.

Marginal note:Applying or removing marks without authority

  •  (1) Every one who,

    • (a) without lawful authority, the proof of which lies on him, applies a distinguishing mark to anything, or

    • (b) with intent to conceal the property of Her Majesty in public stores, removes, destroys or obliterates, in whole or in part, a distinguishing mark,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Unlawful transactions in public stores

    (2) Every one who, without lawful authority, the proof of which lies on him, receives, possesses, keeps, sells or delivers public stores that he knows bear a distinguishing mark is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Definition of distinguishing mark

    (3) For the purposes of this section, distinguishing mark means a distinguishing mark that is appropriated for use on public stores pursuant to section 416.

  • R.S., c. C-34, s. 375.

Marginal note:Selling defective stores to Her Majesty

  •  (1) Every one who knowingly sells or delivers defective stores to Her Majesty or commits fraud in connection with the sale, lease or delivery of stores to Her Majesty or the manufacture of stores for Her Majesty is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Offences by representatives

    (2) Every one who, being a representative of an organization that commits, by fraud, an offence under subsection (1),

    • (a) knowingly takes part in the fraud, or

    • (b) knows or has reason to suspect that the fraud is being committed or has been or is about to be committed and does not inform the responsible government, or a department thereof, of Her Majesty,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 418;
  • 2003, c. 21, s. 6.1.
 
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