Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Fraud in relation to valuable minerals

• 394 (1) No person who is the holder of a lease or licence issued under an Act relating to the mining of valuable minerals, or by the owner of land that is supposed to contain valuable minerals, shall

  • (a) by a fraudulent device or contrivance, defraud or attempt to defraud any person of

    • (i) any valuable minerals obtained under or reserved by the lease or licence, or

    • (ii) any money or valuable interest or thing payable in respect of valuable minerals obtained or rights reserved by the lease or licence; or

  • (b) fraudulently conceal or make a false statement with respect to the amount of valuable minerals obtained under the lease or licence.

• Marginal note:Sale of valuable minerals

  (2) No person, other than the owner or the owner’s agent or someone otherwise acting under lawful authority, shall sell any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed.

• Marginal note:Purchase of valuable minerals

  (3) No person shall buy any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed from anyone who the person has reason to believe is not the owner or the owner’s agent or someone otherwise acting under lawful authority.

• Marginal note:Presumption

  (4) In any proceeding in relation to subsection (2) or (3), in the absence of evidence raising a reasonable doubt to the contrary, it is presumed that

  • (a) in the case of a sale, the seller is not the owner of the valuable mineral or the owner’s agent or someone otherwise acting under lawful authority; and

  • (b) in the case of a purchase, the purchaser, when buying the valuable mineral, had reason to believe that the seller was not the owner of the mineral or the owner’s agent or someone otherwise acting under lawful authority.

• Marginal note:Offence

  (5) A person who contravenes subsection (1), (2) or (3) 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:Forfeiture

  (6) If a person is convicted of an offence under this section, the court may order anything by means of or in relation to which the offence was committed, on such conviction, to be forfeited to Her Majesty.

• Marginal note:Exception

  (7) Subsection (6) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this section.

Marginal note:Possession of stolen or fraudulently obtained valuable minerals

• 394.1 (1) No person shall possess any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed that has been stolen or dealt with contrary to section 394.

• Marginal note:Evidence

  (2) Reasonable grounds to believe that the valuable mineral has been stolen or dealt with contrary to section 394 are, in the absence of evidence raising a reasonable doubt to the contrary, proof that the valuable mineral has been stolen or dealt with contrary to section 394.

• Marginal note:Offence

  (3) A person who contravenes 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.

• Marginal note:Forfeiture

  (4) If a person is convicted of an offence under this section, the court may, on that conviction, order that anything by means of or in relation to which the offence was committed be forfeited to Her Majesty.

• Marginal note:Exception

  (5) Subsection (4) does not apply to real property, other than real property built or significantly modified for the purpose of facilitating the commission of an offence under subsection (3).

Marginal note:Search for valuable minerals

• 395 (1) If an information in writing is laid under oath before a justice by a peace officer or by a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and the justice is satisfied that there are reasonable grounds to believe that, contrary to this Act or any other Act of Parliament, any valuable mineral is deposited in a place or held by a person, the justice may issue a warrant authorizing a peace officer or a public officer, if the public officer is named in it, to search any of the places or persons mentioned in the information.

• Marginal note:Execution in Canada

  (1.1) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

• Marginal note:Power to seize

  (2) Where, on search, anything mentioned in subsection (1) is found, it shall be seized and carried before the justice who shall order

  • (a) that it be detained for the purposes of an inquiry or a trial; or

  • (b) if it is not detained for the purposes of an inquiry or a trial,

    • (i) that it be restored to the owner, or

    • (ii) that it be forfeited to Her Majesty in right of the province in which the proceedings take place if the owner cannot be ascertained.

• Marginal note:Appeal

  (3) An appeal lies from an order made under paragraph (2)(b) in the manner in which an appeal lies in summary conviction proceedings under Part XXVII and the provisions of that Part relating to appeals apply to appeals under this subsection.

Marginal note:Offences in relation to mines

• 396 (1) 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

  • (a) adds anything to or removes anything from any existing or prospective mine, mining claim or oil well with a fraudulent intent to affect the result of an assay, a test or a valuation that has been made or is to be made with respect to the mine, mining claim or oil well, or

  • (b) adds anything to, removes anything from or tampers with a sample or material that has been taken or is being or is about to be taken from any existing or prospective mine, mining claim or oil well for the purpose of being assayed, tested or otherwise valued, with a fraudulent intent to affect the result of the assay, test or valuation.

• Marginal note:Presumption

  (2) For the purposes of proceedings under subsection (1), evidence that

  • (a) something has been added to or removed from anything to which subsection (1) applies, or

  • (b) anything to which subsection (1) applies has been tampered with,

  is, in the absence of any evidence to the contrary, proof of a fraudulent intent to affect the result of an assay, a test or a valuation.

Falsification of Books and Documents

Marginal note:Books and documents

• 397 (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, with intent to defraud,

  • (a) destroys, mutilates, alters, falsifies or makes a false entry in a book, paper, writing, valuable security or document, or

  • (b) omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document.

• Marginal note:Privy

  (2) Every person who, with intent to defraud their creditors, is privy to the commission of 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.