Criminal Code (R.S.C., 1985, c. C-46)

Secret Commissions

Marginal note:Secret commissions

• 426 (1) Every one commits an offence who

  • (a) directly or indirectly, corruptly gives, offers or agrees to give or offer to an agent or to anyone for the benefit of the agent — or, being an agent, directly or indirectly, corruptly demands, accepts or offers or agrees to accept from any person, for themselves or another person — any reward, advantage or benefit of any kind as consideration for doing or not doing, or for having done or not done, any act relating to the affairs or business of the agent’s principal, or for showing or not showing favour or disfavour to any person with relation to the affairs or business of the agent’s principal; or

  • (b) with intent to deceive a principal, gives to an agent of that principal, or, being an agent, uses with intent to deceive his principal, a receipt, an account or other writing

    • (i) in which the principal has an interest,

    • (ii) that contains any statement that is false or erroneous or defective in any material particular, and

    • (iii) that is intended to mislead the principal.

• Marginal note:Privity to offence

  (2) Every one commits an offence who is knowingly privy to the commission of an offence under subsection (1).

• Marginal note:Punishment

  (3) A person who commits an offence under this section 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.

• Definition of agent and principal

  (4) In this section, agent includes an employee, and principal includes an employer.

427 [Repealed, 2018, c. 29, s. 50]

PART XIWilful and Forbidden Acts in Respect of Certain Property

Interpretation

Definition of property

428 In this Part, property means real or personal corporeal property.

Marginal note:Wilfully causing event to occur

• 429 (1) Every one who causes the occurrence of an event by doing an act or by omitting to do an act that it is his duty to do, knowing that the act or omission will probably cause the occurrence of the event and being reckless whether the event occurs or not, shall be deemed, for the purposes of this Part, wilfully to have caused the occurrence of the event.

• Marginal note:Colour of right

  (2) A person shall not be convicted of an offence under sections 430 to 446 if they act with legal justification or excuse or colour of right.

• Marginal note:Interest

  (3) Where it is an offence to destroy or to damage anything,

  • (a) the fact that a person has a partial interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage; and

  • (b) the fact that a person has a total interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage with intent to defraud.

Mischief

Marginal note:Mischief

• 430 (1) Every one commits mischief who wilfully

  • (a) destroys or damages property;

  • (b) renders property dangerous, useless, inoperative or ineffective;

  • (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

  • (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

• Marginal note:Mischief in relation to computer data

  (1.1) Everyone commits mischief who wilfully

  • (a) destroys or alters computer data;

  • (b) renders computer data meaningless, useless or ineffective;

  • (c) obstructs, interrupts or interferes with the lawful use of computer data; or

  • (d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.

• Marginal note:Punishment

  (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Punishment

  (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars

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

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

• Marginal note:Idem

  (4) Every one who commits mischief in relation to property, other than property described in subsection (3),

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

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

• Marginal note:Mischief relating to religious property, educational institutions, etc.

  (4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability,

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

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

• Marginal note:Definition of property

  (4.101) For the purposes of subsection (4.1), property means

  • (a) a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple —, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery;

  • (b) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational institution — including a school, daycare centre, college or university —, or an object associated with that institution located in or on the grounds of such a building or structure;

  • (c) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or

  • (d) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure.

• Marginal note:Mischief relating to war memorials

  (4.11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

  • (a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

    • (i) for a first offence, to a fine of not less than $1,000,

    • (ii) for a second offence, to imprisonment for not less than 14 days, and

    • (iii) for each subsequent offence, to imprisonment for not less than 30 days;

  • (b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and

  • (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.

• Marginal note:Mischief in relation to cultural property

  (4.2) Every one who commits mischief in relation to cultural property as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954, as set out in the schedule to the Cultural Property Export and Import Act,

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

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

• Marginal note:Mischief in relation to computer data

  (5) Everyone who commits mischief in relation to computer data

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

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

• Marginal note:Offence

  (5.1) Everyone who wilfully does an act or wilfully omits to do an act that it is their duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or computer data,

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

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

• Marginal note:Saving

  (6) No person commits mischief within the meaning of this section by reason only that

  • (a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;

  • (b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or

  • (c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

• Marginal note:Idem

  (7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

• Marginal note:Definition of computer data

  (8) In this section, computer data has the same meaning as in subsection 342.1(2).