Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-05-07 and last amended on 2018-12-18. Previous Versions

PART XIIOffences Relating to Currency (continued)

Defacing or Impairing

Marginal note:Clipping and uttering clipped coin

 Every one who

  • (a) impairs, diminishes or lightens a current gold or silver coin with intent that it should pass for a current gold or silver coin, or

  • (b) utters a coin knowing that it has been impaired, diminished or lightened contrary to paragraph (a),

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

  • R.S., c. C-34, s. 413

Marginal note:Defacing current coins

 Every one who

  • (a) defaces a current coin, or

  • (b) utters a current coin that has been defaced,

is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 414

Marginal note:Likeness of bank-notes

  •  (1) No person shall make, publish, print, execute, issue, distribute or circulate, including by electronic or computer-assisted means, anything in the likeness of

    • (a) a current bank-note; or

    • (b) an obligation or a security of a government or bank.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to

    • (a) the Bank of Canada or its employees when they are carrying out their duties;

    • (b) the Royal Canadian Mounted Police or its members or employees when they are carrying out their duties; or

    • (c) any person acting under a contract or licence from the Bank of Canada or Royal Canadian Mounted Police.

  • Marginal note:Offence

    (3) A person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

  • Marginal note:Defence

    (4) No person shall be convicted of an offence under subsection (3) in relation to the printed likeness of a Canadian bank-note if it is established that the length or width of the likeness is less than three-fourths or greater than one-and-one-half times the length or width, as the case may be, of the bank-note and

    • (a) the likeness is in black-and-white only; or

    • (b) the likeness of the bank-note appears on only one side of the likeness.

  • R.S., 1985, c. C-46, s. 457
  • 1999, c. 5, s. 12

Instruments or Materials

Marginal note:Making, having or dealing in instruments for counterfeiting

 Every person who, without lawful justification or excuse, makes, repairs, buys, sells or has in their custody or possession any machine, engine, tool, instrument, material or other thing that they know has been used or is adapted and intended for use in making counterfeit money or counterfeit tokens of value, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

  • R.S., 1985, c. C-46, s. 458
  • 2018, c. 29, s. 59

Marginal note:Conveying instruments for coining out of mint

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse, knowingly conveys out of any of Her Majesty’s mints in Canada,

  • (a) any machine, engine, tool, instrument, material or thing used or employed in connection with the manufacture of coins,

  • (b) a useful part of anything mentioned in paragraph (a), or

  • (c) coin, bullion, metal or a mixture of metals.

  • R.S., 1985, c. C-46, s. 459
  • 2018, c. 29, s. 60

Advertising and Trafficking in Counterfeit Money or Counterfeit Tokens of Value

Marginal note:Advertising and dealing in counterfeit money, etc.

  •  (1) Every one who

    • (a) by an advertisement or any other writing, offers to sell, procure or dispose of counterfeit money or counterfeit tokens of value or to give information with respect to the manner in which or the means by which counterfeit money or counterfeit tokens of value may be sold, procured or disposed of, or

    • (b) purchases, obtains, negotiates or otherwise deals with counterfeit tokens of value, or offers to negotiate with a view to purchasing or obtaining them,

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

  • Marginal note:Fraudulent use of money genuine but valueless

    (2) No person shall be convicted of an offence under subsection (1) in respect of genuine coin or genuine paper money that has no value as money unless, at the time when the offence is alleged to have been committed, he knew that the coin or paper money had no value as money and he had a fraudulent intent in his dealings with or with respect to the coin or paper money.

  • R.S., c. C-34, s. 418

Special Provisions as to Proof

Marginal note:When counterfeit complete

  •  (1) Every offence relating to counterfeit money or counterfeit tokens of value shall be deemed to be complete notwithstanding that the money or tokens of value in respect of which the proceedings are taken are not finished or perfected or do not copy exactly the money or tokens of value that they are apparently intended to resemble or for which they are apparently intended to pass.

  • Marginal note:Certificate of examiner of counterfeit

    (2) In any proceedings under this Part, a certificate signed by a person designated as an examiner of counterfeit by the Minister of Public Safety and Emergency Preparedness, stating that any coin, paper money or bank-note described therein is counterfeit money or that any coin, paper money or bank-note described therein is genuine and is or is not, as the case may be, current in Canada or elsewhere, is evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate shall be received in evidence unless the party intending to produce it has, before the trial, given to the other party reasonable notice of their intention and a copy of the certificate.

  • Marginal note:Attendance and cross-examination

    (4) A party against whom the certificate is produced may, with leave of the court, require the attendance of the person who signed the certificate for the purposes of cross-examination.

  • R.S., 1985, c. C-46, s. 461
  • 1992, c. 1, s. 58
  • 2005, c. 10, s. 34
  • 2018, c. 21, s. 17

Forfeiture

Marginal note:Ownership

  •  (1) Counterfeit money, counterfeit tokens of value and anything that is used or is intended to be used to make counterfeit money or counterfeit tokens of value belong to Her Majesty.

  • Marginal note:Seizure

    (2) A peace officer may seize and detain

    • (a) counterfeit money,

    • (b) counterfeit tokens of value, and

    • (c) machines, engines, tools, instruments, materials or things that have been used or that have been adapted and are intended for use in making counterfeit money or counterfeit tokens of value,

    and anything seized shall be sent to the Minister of Finance to be disposed of or dealt with as he may direct, but anything that is required as evidence in any proceedings shall not be sent to the Minister until it is no longer required in those proceedings.

  • R.S., c. C-34, s. 420

PART XII.1[Repealed, 2018, c. 16, s. 211]

 [Repealed, 2018, c. 16, s. 211]

 [Repealed, 2018, c. 16, s. 211]

PART XII.2Proceeds of Crime

Interpretation

Marginal note:Definitions

  •  (1) In this Part,

    designated drug offence

    designated drug offence[Repealed, 1996, c. 19, s. 68]

    designated offence

    designated offence means

    • (a) any offence that may be prosecuted as an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, or

    • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)

    designated substance offence

    designated substance offence[Repealed, 2001, c. 32, s. 12]

    enterprise crime offence

    enterprise crime offence[Repealed, 2001, c. 32, s. 12]

    judge

    judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction; (juge)

    proceeds of crime

    proceeds of crime means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of

    • (a) the commission in Canada of a designated offence, or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence. (produits de la criminalité)

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition designated offence in subsection (1).

  • Marginal note:Powers of Attorney General of Canada

    (3) Despite the definition Attorney General in section 2, the Attorney General of Canada may

    • (a) exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of a designated offence if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act; and

    • (b) conduct proceedings and exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of

      • (i) an offence referred to in section 354, 355.2, 355.4 or 462.31, if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament, other than this Act, or a regulation made under such an Act, and

      • (ii) an offence under subsection 462.33(11) if the restraint order was made on application of the Attorney General of Canada.

  • Marginal note:Powers of Attorney General of a province

    (4) Subsection (3) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of a designated offence or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1993, c. 25, s. 95, c. 37, s. 32, c. 46, s. 5
  • 1994, c. 44, s. 29
  • 1995, c. 39, s. 151
  • 1996, c. 19, ss. 68, 70
  • 1997, c. 18, s. 27, c. 23, s. 9
  • 1998, c. 34, ss. 9, 11
  • 1999, c. 5, ss. 13, 52
  • 2001, c. 32, s. 12, c. 41, ss. 14, 33
  • 2005, c. 44, s. 1
  • 2010, c. 14, s. 7
 
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