Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Arson — damage to property

434 Every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Marginal note:Arson — own property

434.1 Every person who intentionally or recklessly causes damage by fire or explosion to property that is owned, in whole or in part, by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, where the fire or explosion seriously threatens the health, safety or property of another person.

Marginal note:Arson for fraudulent purpose

• 435 (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, 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:Holder or beneficiary of fire insurance policy

  (2) Where a person is charged with an offence under subsection (1), the fact that the person was the holder of or was named as a beneficiary under a policy of fire insurance relating to the property in respect of which the offence is alleged to have been committed is a fact from which intent to defraud may be inferred by the court.

Marginal note:Arson by negligence

• 436 (1) Every person who owns, in whole or in part, or controls property and who, 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, is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property is guilty of

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

  • (b) an offence punishable on summary conviction.

• 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.

Marginal note:Possession of incendiary material

436.1 Every person who possesses any incendiary material, incendiary device or explosive substance for the purpose of committing an offence under any of sections 433 to 436 is guilty of

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

• (b) an offence punishable on summary conviction.

Other Interference with Property

Marginal note:False alarm of fire

437 Every one who wilfully, without reasonable cause, by outcry, ringing bells, using a fire alarm, telephone or telegraph, or in any other manner, makes or circulates or causes to be made or circulated an alarm of fire is guilty of

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

• (b) an offence punishable on summary conviction.

Marginal note:Interfering with saving of wrecked vessel

• 438 (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 intentionally prevents or impedes, or who intentionally endeavours to prevent or impede,

  • (a) the saving of a vessel that is wrecked, stranded, abandoned or in distress, or

  • (b) a person who attempts to save a vessel that is wrecked, stranded, abandoned or in distress.

• Marginal note:Interfering with saving of wreck

  (2) Every one who wilfully prevents or impedes or wilfully endeavours to prevent or impede the saving of wreck is guilty of an offence punishable on summary conviction.

Marginal note:Interfering with marine signal, etc.

• 439 (1) Every one who makes fast a vessel or boat to a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of an offence punishable on summary conviction.

• Marginal note:Idem

  (2) Every person who intentionally alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation 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:Removing natural bar without permission

440 Every person who knowingly and without the written permission of the Minister of Transport removes any stone, wood, earth or other material that forms a natural bar necessary to the existence of a public harbour, or that forms a natural protection to such a bar, 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:Occupant injuring building

441 Every person who, intentionally and to the prejudice of a mortgagee, a hypothecary creditor or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which they are in possession or occupation, or severs from the freehold any fixture fixed to it or from the immovable property any movable property permanently attached or joined to the immovable property, is guilty of

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

• (b) an offence punishable on summary conviction.

Marginal note:Interfering with boundary lines

442 Every one who wilfully pulls down, defaces, alters or removes anything planted or set up as the boundary line or part of the boundary line of land is guilty of an offence punishable on summary conviction.

Marginal note:Interfering with international boundary marks, etc.

• 443 (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 intentionally pulls down, defaces, alters or removes

  • (a) a boundary mark lawfully placed to mark any international, provincial, county or municipal boundary, or

  • (b) a boundary mark lawfully placed by a land surveyor to mark any limit, boundary or angle of a concession, range, lot or parcel of land.

• Marginal note:Saving provision

  (2) A land surveyor does not commit an offence under subsection (1) where, in his operations as a land surveyor,

  • (a) he takes up, when necessary, a boundary mark mentioned in paragraph (1)(b) and carefully replaces it as it was before he took it up; or

  • (b) he takes up a boundary mark mentioned in paragraph (1)(b) in the course of surveying for a highway or other work that, when completed, will make it impossible or impracticable for that boundary mark to occupy its original position, and he establishes a permanent record of the original position sufficient to permit that position to be ascertained.

Animals

444 [Repealed, 2018, c. 29, s. 52]

Marginal note:Injuring or endangering other animals

• 445 (1) Every one commits an offence who, wilfully and without lawful excuse,

  • (a) kills, maims, wounds, poisons or injures dogs, birds or animals that are kept for a lawful purpose; or

  • (b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are kept for a lawful purpose.

• Marginal note:Punishment

  (2) Every one who commits an offence under subsection (1) is guilty of

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

  • (b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

Marginal note:Killing or injuring certain animals

• 445.01 (1) Every one commits an offence who, wilfully and without lawful excuse, kills, maims, wounds, poisons or injures a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer’s duties, a military animal while it is aiding a member of the Canadian Forces in carrying out that member’s duties or a service animal.

• Marginal note:Punishment

  (2) Every one who commits an offence under subsection (1) is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years and, if a law enforcement animal is killed in the commission of the offence, to a minimum punishment of imprisonment for a term of six months; or

  • (b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

• Marginal note:Sentences to be served consecutively

  (3) A sentence imposed on a person for an offence under subsection (1) committed against a law enforcement animal shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events.

• Marginal note:Definitions

  (4) The following definitions apply in this section.

  law enforcement animal

  law enforcement animal means a dog or horse that is trained to aid a law enforcement officer in carrying out that officer’s duties. (animal d’assistance policière)

  law enforcement officer

  law enforcement officer means a police officer, a police constable or any person referred to in paragraph (b), (c.1), (d), (d.1), (e) or (g) of the definition peace officer in section 2. (agent de contrôle d’application de la loi)

  military animal

  military animal means an animal that is trained to aid a member of the Canadian Forces in carrying out that member’s duties. (animal d’assistance militaire)

  service animal

  service animal means an animal that is required by a person with a disability for assistance and is certified, in writing, as having been trained by a professional service animal institution to assist a person with a disability. (animal d’assistance)

Cruelty to Animals

Marginal note:Causing unnecessary suffering

• 445.1 (1) Every one commits an offence who

  • (a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;

  • (b) in any manner encourages, aids, promotes, arranges, assists at, receives money for or takes part in

    • (i) the fighting or baiting of animals or birds, or

    • (ii) the training, transporting or breeding of animals or birds for the purposes of subparagraph (i);

  • (c) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;

  • (d) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or

  • (e) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (d).

• Marginal note:Punishment

  (2) Every one who commits an offence under subsection (1) is guilty of

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

  • (b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

• Marginal note:Failure to exercise reasonable care as evidence

  (3) For the purposes of proceedings under paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering or injury was caused or was permitted to be caused wilfully, as the case may be.

• Marginal note:Presence at baiting as evidence

  (4) For the purpose of proceedings under paragraph (1)(b), evidence that an accused was present at the fighting or baiting of animals or birds is, in the absence of any evidence to the contrary, proof that he or she encouraged, aided or assisted at the fighting or baiting.