Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Criminal breach of contract

• 422 (1) Every one who wilfully breaks a contract, knowing or having reasonable cause to believe that the probable consequences of doing so, whether alone or in combination with others, will be

  • (a) to endanger human life,

  • (b) to cause serious bodily injury,

  • (c) to expose valuable property, real or personal, to destruction or serious injury,

  • (d) to deprive the inhabitants of a city or place, or part thereof, wholly or to a great extent, of their supply of light, power, gas or water, or

  • (e) to delay or prevent the running of any locomotive engine, tender, freight or passenger train or car, on a railway that is a common carrier,

  is guilty of

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

  • (g) an offence punishable on summary conviction.

• Marginal note:Saving

  (2) No person wilfully breaks a contract within the meaning of subsection (1) by reason only that

  • (a) being the employee of an employer, he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment, or,

  • (b) being a member of an organization of employees formed for the purpose of regulating relations between employers and employees, he stops work as a result of the failure of the employer and a bargaining agent acting on behalf of the organization to agree on any matter relating to the employment of members of the organization,

  if, before the stoppage of work occurs, all steps provided by law with respect to the settlement of industrial disputes are taken and any provision for the final settlement of differences, without stoppage of work, contained in or by law deemed to be contained in a collective agreement is complied with and effect given thereto.

• Marginal note:Consent required

  (3) No proceedings shall be instituted under this section without the consent of the Attorney General.