Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Theft by person holding power of attorney

331 Every one commits theft who, being entrusted, whether solely or jointly with another person, with a power of attorney for the sale, mortgage, pledge or other disposition of real or personal property, fraudulently sells, mortgages, pledges or otherwise disposes of the property or any part of it, or fraudulently converts the proceeds of a sale, mortgage, pledge or other disposition of the property, or any part of the proceeds, to a purpose other than that for which he was entrusted by the power of attorney.

Marginal note:Misappropriation of money held under direction

• 332 (1) Every one commits theft who, having received, either solely or jointly with another person, money or valuable security or a power of attorney for the sale of real or personal property, with a direction that the money or a part of it, or the proceeds or a part of the proceeds of the security or the property shall be applied to a purpose or paid to a person specified in the direction, fraudulently and contrary to the direction applies to any other purpose or pays to any other person the money or proceeds or any part of it.

• Marginal note:Effect of entry in account

  (2) This section does not apply where a person who receives anything mentioned in subsection (1) and the person from whom he receives it deal with each other on such terms that all money paid to the former would, in the absence of any such direction, be properly treated as an item in a debtor and creditor account between them, unless the direction is in writing.

Marginal note:Taking ore for scientific purpose

333 No person commits theft by reason only that he takes, for the purpose of exploration or scientific investigation, a specimen of ore or mineral from land that is not enclosed and is not occupied or worked as a mine, quarry or digging.

Marginal note:Motor vehicle theft

• 333.1 (1) Everyone who commits theft is, if the property stolen is a motor vehicle, guilty of an offence and liable

  • (a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years, and to a minimum punishment of imprisonment for a term of six months in the case of a third or subsequent offence under this subsection; or

  • (b) on summary conviction, to imprisonment for a term of not more than two years less a day.

• Marginal note:Subsequent offences

  (2) For the purpose of determining whether a convicted person has committed a third or subsequent offence, an offence for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings.

• Marginal note:Motor vehicle theft when violence used, threatened or attempted

  (3) Everyone who commits theft in the commission of which violence against a person is used, threatened or attempted is, if the property stolen is a motor vehicle, guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.

• Marginal note:Motor vehicle theft for criminal organization

  (4) Everyone who commits theft for the benefit of, at the direction of or in association with a criminal organization is, if the property stolen is a motor vehicle, guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.

Marginal note:Possession of device for purpose of committing theft

• 333.2 (1) Everyone commits an offence who possesses an electronic device suitable for committing theft of a motor vehicle for the purpose of committing a motor vehicle theft offence.

• Marginal note:Distribution of device linked to theft

  (2) Everyone commits an offence who, without lawful excuse, makes, repairs, sells, offers for sale, imports into Canada, exports from Canada, distributes or makes available an electronic device suitable for committing theft of a motor vehicle, knowing that the device has been used or is intended to be used to commit a motor vehicle theft offence.

• Marginal note:Punishment

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

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or

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

• Marginal note:Forfeiture

  (4) If a person is convicted of an offence under subsection (1) or (2), in addition to any punishment that is imposed, the electronic device in relation to which the offence was committed may be ordered forfeited to His Majesty and may be disposed of as the Attorney General directs.

• Marginal note:Limitation

  (5) No order of forfeiture may be made under subsection (4) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1) or (2).

Marginal note:Punishment for theft

334 Except where otherwise provided by law, every one who commits theft

• (a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of

  • (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

  • (ii) an offence punishable on summary conviction; or

• (b) if the value of what is stolen is not more than $5,000, is guilty

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

  • (ii) of an offence punishable on summary conviction.

Offences Resembling Theft

Marginal note:Taking motor vehicle or vessel or found therein without consent

• 335 (1) Subject to subsection (1.1), every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply to an occupant of a motor vehicle or vessel who, on becoming aware that it was taken without the consent of the owner, attempted to leave the motor vehicle or vessel, to the extent that it was feasible to do so, or actually left the motor vehicle or vessel.

• Marginal note:Definition of vessel

  (2) For the purposes of subsection (1), vessel has the same meaning as in section 320.11.

Marginal note:Criminal breach of trust

336 Every one who, being a trustee of anything for the use or benefit, whether in whole or in part, of another person, or for a public or charitable purpose, converts, with intent to defraud and in contravention of his trust, that thing or any part of it to a use that is not authorized by the trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

337 [Repealed, 2018, c. 29, s. 33]

Marginal note:Fraudulently taking cattle or defacing brand

• 338 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,

  • (a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells cattle that are found astray, or

  • (b) fraudulently, in whole or in part,

    • (i) obliterates, alters or defaces a brand or mark on cattle, or

    • (ii) makes a false or counterfeit brand or mark on cattle.

• Marginal note:Punishment for theft of cattle

  (2) Every person who commits theft of cattle is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) an offence punishable on summary conviction.

• Marginal note:Evidence of property in cattle

  (3) In any proceedings under this Act, evidence that cattle are marked with a brand or mark that is recorded or registered in accordance with any Act is, in the absence of any evidence to the contrary, proof that the cattle are owned by the registered owner of that brand or mark.

• Marginal note:Presumption from possession

  (4) Where an accused is charged with an offence under subsection (1) or (2), the burden of proving that the cattle came lawfully into the possession of the accused or his employee or into the possession of another person on behalf of the accused is on the accused, if the accused is not the registered owner of the brand or mark with which the cattle are marked, unless it appears that possession of the cattle by an employee of the accused or by another person on behalf of the accused was without the knowledge and authority, sanction or approval of the accused.

Marginal note:Taking possession, etc., of drift timber

• 339 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,

  • (a) fraudulently takes, holds, keeps in their possession, conceals, receives, appropriates, purchases or sells any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada;

  • (b) removes, alters, obliterates or defaces a mark or number on such lumber or lumbering equipment; or

  • (c) refuses to deliver such lumber or lumbering equipment up to the owner or to the person in charge of it on behalf of the owner or to a person authorized by the owner to receive it.

• Marginal note:Dealer in second-hand goods

  (2) Every one who, being a dealer in second-hand goods of any kind, trades or traffics in or has in his possession for sale or traffic any lumbering equipment that is marked with the mark, brand, registered timber mark, name or initials of a person, without the written consent of that person, is guilty of an offence punishable on summary conviction.

• Marginal note:Search for timber unlawfully detained

  (3) A peace officer who suspects, on reasonable grounds, that any lumber owned by any person and bearing the registered timber mark of that person is kept or detained in or on any place without the knowledge or consent of that person, may enter into or on that place to ascertain whether or not it is detained there without the knowledge or consent of that person.

• Marginal note:Evidence of property in timber

  (4) Where any lumber or lumbering equipment is marked with a timber mark or a boom chain brand registered under any Act, the mark or brand is, in proceedings under subsection (1), and, in the absence of any evidence to the contrary, proof that it is the property of the registered owner of the mark or brand.

• Marginal note:Presumption from possession

  (5) Where an accused or his servants or agents are in possession of lumber or lumbering equipment marked with the mark, brand, registered timber mark, name or initials of another person, the burden of proving that it came lawfully into his possession or into possession of his servants or agents is, in proceedings under subsection (1), on the accused.

• Marginal note:Definitions

  (6) In this section,

  coastal waters of Canada

  coastal waters of Canada includes all of Queen Charlotte Sound, all the Strait of Georgia and the Canadian waters of the Strait of Juan de Fuca; (eaux côtières du Canada)

  lumber

  lumber means timber, mast, spar, shingle bolt, sawlog or lumber of any description; (bois)

  lumbering equipment

  lumbering equipment includes a boom chain, chain, line and shackle. (matériel d’exploitation forestière)

Marginal note:Destroying documents of title

340 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, for a fraudulent purpose, destroys, cancels, conceals or obliterates

• (a) a document of title to goods or lands,

• (b) a valuable security or testamentary instrument, or

• (c) a judicial or official document.

Marginal note:Fraudulent concealment

341 Every person who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of

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

• (b) an offence punishable on summary conviction.

Marginal note:Theft, forgery, etc., of credit card

• 342 (1) Every person who

  • (a) steals a credit card,

  • (b) forges or falsifies a credit card,

  • (c) possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered

    • (i) by the commission in Canada of an offence, or

    • (ii) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence, or

  • (d) uses a credit card knowing that it has been revoked or cancelled,

  is guilty of

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

  • (f) an offence punishable on summary conviction.

• Marginal note:Jurisdiction

  (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be commenced in that place without the consent of the Attorney General of that province.

• Marginal note:Unauthorized use of credit card data

  (3) Every person who, fraudulently and without colour of right, possesses, uses, traffics in or permits another person to use credit card data, including personal authentication information, whether or not the data is authentic, that would enable a person to use a credit card or to obtain the services that are provided by the issuer of a credit card to credit card holders is guilty of

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

  • (b) an offence punishable on summary conviction.

• Marginal note:Definitions

  (4) In this section,

  personal authentication information

  personal authentication information means a personal identification number or any other password or information that a credit card holder creates or adopts to be used to authenticate his or her identity in relation to the credit card; (authentifiant personnel)

  traffic

  traffic means, in relation to a credit card or credit card data, to sell, export from or import into Canada, distribute or deal with in any other way.  (trafic)