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Criminal Code

Version of section 436 from 2003-01-01 to 2019-09-18:


Marginal note:Arson by negligence

  •  (1) Every person who owns, in whole or in part, or controls property is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years where, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, that person is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property.

  • Marginal note:Non-compliance with prevention laws

    (2) Where a person is charged with an offence under subsection (1), the fact that the person has failed to comply with any law respecting the prevention or control of fires or explosions in the property is a fact from which a marked departure from the standard of care referred to in that subsection may be inferred by the court.

  • R.S., 1985, c. C-46, s. 436
  • 1990, c. 15, s. 1
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