Criminal Code

Marginal note:Counterfeiting stamp, etc.

• 376 (1) Every one who

  • (a) fraudulently uses, mutilates, affixes, removes or counterfeits a stamp or part thereof,

  • (b) knowingly and without lawful excuse, the proof of which lies on him, has in his possession

    • (i) a counterfeit stamp or a stamp that has been fraudulently mutilated, or

    • (ii) anything bearing a stamp of which a part has been fraudulently erased, removed or concealed, or

  • (c) without lawful excuse, the proof of which lies on him, makes or knowingly has in his possession a die or instrument that is capable of making the impression of a stamp or part thereof,

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

• Marginal note:Counterfeiting mark

  (2) Every one who, without lawful authority,

  • (a) makes a mark,

  • (b) sells, or exposes for sale, or has in his possession a counterfeit mark,

  • (c) affixes a mark to anything that is required by law to be marked, branded, sealed or wrapped other than the thing to which the mark was originally affixed or was intended to be affixed, or

  • (d) affixes a counterfeit mark to anything that is required by law to be marked, branded, sealed or wrapped,

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

• Marginal note:Definitions

  (3) In this section,

  mark

  marque

  mark means a mark, brand, seal, wrapper or design used by or on behalf of

  • (a) the government of Canada or a province,

  • (b) the government of a state other than Canada, or

  • (c) any department, board, commission or agent established by a government mentioned in paragraph (a) or (b) in connection with the service or business of that government; (marque)

  stamp

  timbre

  stamp means an impressed or adhesive stamp used for the purpose of revenue by the government of Canada or a province or by the government of a state other than Canada. (timbre)