Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Breach of trust by public officer

122 Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.

Marginal note:Municipal corruption

• 123 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official

  • (a) to abstain from voting at a meeting of the municipal council or a committee of the council;

  • (b) to vote in favour of or against a measure, motion or resolution;

  • (c) to aid in procuring or preventing the adoption of a measure, motion or resolution; or

  • (d) to perform or fail to perform an official act.

• Marginal note:Influencing municipal official

  (2) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by

  • (a) suppression of the truth, in the case of a person who is under a duty to disclose the truth;

  • (b) threats or deceit; or

  • (c) any unlawful means.

• Definition of municipal official

  (3) In this section, municipal official means a member of a municipal council or a person who holds an office under a municipal government.

Marginal note:Selling or purchasing office

124 Every one who

• (a) purports to sell or agrees to sell an appointment to or a resignation from an office, or a consent to any such appointment or resignation, or receives or agrees to receive a reward or profit from the purported sale thereof, or

• (b) purports to purchase or gives a reward or profit for the purported purchase of any such appointment, resignation or consent, or agrees or promises to do so,

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

Marginal note:Influencing or negotiating appointments or dealing in offices

125 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years who

• (a) receives, agrees to receive, gives or procures to be given, directly or indirectly, a reward, advantage or benefit of any kind as consideration for cooperation, assistance or exercise of influence to secure the appointment of any person to an office,

• (b) solicits, recommends or negotiates in any manner with respect to an appointment to or resignation from an office, in expectation of a direct or indirect reward, advantage or benefit, or

• (c) keeps without lawful authority a place for transacting or negotiating any business relating to

  • (i) the filling of vacancies in offices,

  • (ii) the sale or purchase of offices, or

  • (iii) appointments to or resignations from offices.

Marginal note:Disobeying a statute

• 126 (1) Every one who, without lawful excuse, contravenes an Act of Parliament by wilfully doing anything that it forbids or by wilfully omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

• Marginal note:Attorney General of Canada may act

  (2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government.

Marginal note:Disobeying order of court

• 127 (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of

  • (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) an offence punishable on summary conviction.

• Marginal note:Attorney General of Canada may act

  (2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner.

Marginal note:Misconduct of officers executing process

128 Every peace officer or coroner who, being entrusted with the execution of a process, wilfully

• (a) misconducts himself in the execution of the process, or

• (b) makes a false return to the process,

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

Marginal note:Offences relating to public or peace officer

129 Every one who

• (a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,

• (b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or

• (c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,

is guilty of

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

• (e) an offence punishable on summary conviction.

Marginal note:Personating peace officer

• 130 (1) Everyone commits an offence who

  • (a) falsely represents himself to be a peace officer or a public officer; or

  • (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.

• Marginal note:Punishment

  (2) Everyone who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) is guilty of an offence punishable on summary conviction.

Marginal note:Aggravating circumstance

130.1 If a person is convicted of an offence under section 130, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the accused personated a peace officer or a public officer, as the case may be, for the purpose of facilitating the commission of another offence.