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Criminal Code

Version of section 396 from 2019-09-19 to 2023-01-11:


Marginal note:Offences in relation to mines

  •  (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

    • (a) adds anything to or removes anything from any existing or prospective mine, mining claim or oil well with a fraudulent intent to affect the result of an assay, a test or a valuation that has been made or is to be made with respect to the mine, mining claim or oil well, or

    • (b) adds anything to, removes anything from or tampers with a sample or material that has been taken or is being or is about to be taken from any existing or prospective mine, mining claim or oil well for the purpose of being assayed, tested or otherwise valued, with a fraudulent intent to affect the result of the assay, test or valuation.

  • Marginal note:Presumption

    (2) For the purposes of proceedings under subsection (1), evidence that

    • (a) something has been added to or removed from anything to which subsection (1) applies, or

    • (b) anything to which subsection (1) applies has been tampered with,

    is, in the absence of any evidence to the contrary, proof of a fraudulent intent to affect the result of an assay, a test or a valuation.

  • R.S., 1985, c. C-46, s. 396
  • 2019, c. 25, s. 153
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