Criminal Code (R.S.C., 1985, c. C-46)

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 an indictable offence and liable to imprisonment for a term of not more than five years.

• 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: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 one 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,

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

• 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 one who, with intent to defraud,

  • (a) destroys, mutilates, alters, falsifies or makes a false entry in, or

  • (b) omits a material particular from, or alters a material particular in,

  a book, paper, writing, valuable security or document is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

• Marginal note:Privy

  (2) Every one who, with intent to defraud his creditors, is privy to the commission of an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Marginal note:Falsifying employment record

398 Every one who, with intent to deceive, falsifies an employment record by any means, including the punching of a time clock, is guilty of an offence punishable on summary conviction.

Marginal note:False return by public officer

399 Every one who, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of

• (a) any sum of money collected by him or entrusted to his care, or

• (b) any balance of money in his hands or under his control,

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

Marginal note:False prospectus, etc.

• 400 (1) Every one who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that he knows is false in a material particular, with intent

  • (a) to induce persons, whether ascertained or not, to become shareholders or partners in a company,

  • (b) to deceive or defraud the members, shareholders or creditors, whether ascertained or not, of a company, or

  • (c) to induce any person to

    • (i) entrust or advance anything to a company, or

    • (ii) enter into any security for the benefit of a company,

  • (d) [Repealed, 1994, c. 44, s. 26]

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

• Marginal note:Definition of company

  (2) In this section, company means a syndicate, body corporate or company, whether existing or proposed to be created.

Marginal note:Obtaining carriage by false billing

• 401 (1) Every one who, by means of a false or misleading representation, knowingly obtains or attempts to obtain the carriage of anything by any person into a country, province, district or other place, whether or not within Canada, where the importation or transportation of it is, in the circumstances of the case, unlawful is guilty of an offence punishable on summary conviction.

• Marginal note:Forfeiture

  (2) Where a person is convicted of an offence under subsection (1), anything by means of or in relation to which the offence was committed, on such conviction, in addition to any punishment that is imposed, is forfeited to Her Majesty and shall be disposed of as the court may direct.

402 [Repealed, 2018, c. 29, s. 44]

Identity Theft and Identity Fraud

Definition of identity information

402.1 For the purposes of sections 402.2 and 403, identity information means any information — including biological or physiological information — of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including a fingerprint, voice print, retina image, iris image, DNA profile, name, address, date of birth, written signature, electronic signature, digital signature, user name, credit card number, debit card number, financial institution account number, passport number, Social Insurance Number, health insurance number, driver’s licence number or password.