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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-06-17 and last amended on 2019-12-18. Previous Versions

PART XFraudulent Transactions Relating to Contracts and Trade (continued)

Forgery of Trademarks and Trade Descriptions (continued)

Marginal note:Used goods sold without disclosure

 Every one commits an offence who sells, exposes or has in his possession for sale, or advertises for sale, goods that have been used, reconditioned or remade and that bear the trademark or the trade-name of another person, without making full disclosure that the goods have been reconditioned, rebuilt or remade for sale and that they are not then in the condition in which they were originally made or produced.

  • R.S., 1985, c. C-46, s. 411
  • 2014, c. 20, s. 366(E)

Marginal note:Punishment

  •  (1) Every one who commits an offence under section 407, 408, 409, 410 or 411 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:Forfeiture

    (2) Anything by means of or in relation to which a person commits an offence under section 407, 408, 409, 410 or 411 is, unless the court otherwise orders, forfeited on the conviction of that person for that offence.

  • R.S., c. C-34, s. 370

 [Repealed, 2018, c. 29, s. 47]

Marginal note:Presumption from port of shipment

 Where, in proceedings under this Part, the alleged offence relates to imported goods, evidence that the goods were shipped to Canada from a place outside Canada is, in the absence of any evidence to the contrary, proof that the goods were made or produced in the country from which they were shipped.

  • R.S., c. C-34, s. 372

Wreck

Marginal note:Offences in relation to wreck

 Every one who

  • (a) secretes wreck, defaces or obliterates the marks on wreck or uses any means to disguise or conceal the fact that anything is wreck, or in any manner conceals the character of wreck, from a person who is entitled to inquire into the wreck,

  • (b) receives wreck, knowing that it is wreck, from a person other than the owner thereof or a receiver of wreck, and does not within forty-eight hours thereafter inform the receiver of wreck thereof,

  • (c) offers wreck for sale or otherwise deals with it, knowing that it is wreck, and not having a lawful authority to sell or deal with it,

  • (d) keeps wreck in his possession knowing that it is wreck, without lawful authority to keep it, for any time longer than the time reasonably necessary to deliver it to the receiver of wreck, or

  • (e) boards, against the will of the master, a vessel that is wrecked, stranded or in distress unless he is a receiver of wreck or a person acting under orders of a receiver of wreck,

is guilty of

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

  • (g) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 373

Public Stores

Marginal note:Distinguishing mark on public stores

 The Governor in Council may, by notice to be published in the Canada Gazette, prescribe distinguishing marks that are appropriated for use on public stores to denote the property of Her Majesty therein, whether the stores belong to Her Majesty in right of Canada or to Her Majesty in any other right.

  • R.S., c. C-34, s. 374

Marginal note:Applying or removing marks without authority

  •  (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,

    • (a) without lawful authority applies a distinguishing mark to anything, or

    • (b) with intent to conceal the property of Her Majesty in public stores, removes, destroys or obliterates, in whole or in part, a distinguishing mark.

  • Marginal note:Unlawful transactions in public stores

    (2) Every person who, without lawful authority, receives, possesses, keeps, sells or delivers public stores that they know bear a distinguishing mark 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:Definition of distinguishing mark

    (3) For the purposes of this section, distinguishing mark means a distinguishing mark that is appropriated for use on public stores pursuant to section 416.

  • R.S., 1985, c. C-46, s. 417
  • 2018, c. 29, s. 48
  • 2019, c. 25, s. 158

Marginal note:Selling defective stores to Her Majesty

  •  (1) Every one who knowingly sells or delivers defective stores to Her Majesty or commits fraud in connection with the sale, lease or delivery of stores to Her Majesty or the manufacture of stores for Her Majesty is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Offences by representatives

    (2) Every one who, being a representative of an organization that commits, by fraud, an offence under subsection (1),

    • (a) knowingly takes part in the fraud, or

    • (b) knows or has reason to suspect that the fraud is being committed or has been or is about to be committed and does not inform the responsible government, or a department thereof, of Her Majesty,

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

  • R.S., 1985, c. C-46, s. 418
  • 2003, c. 21, s. 6.1

Marginal note:Unlawful use of military uniforms or certificates

 Every person is guilty of an offence punishable on summary conviction who, without lawful authority,

  • (a) wears a uniform of the Canadian Forces or any other naval, army or air force or a uniform that is so similar to the uniform of any of those forces that it is likely to be mistaken therefor,

  • (b) wears a distinctive mark relating to wounds received or service performed in war, or a military medal, ribbon, badge, chevron or any decoration or order that is awarded for war services, or any imitation thereof, or any mark or device or thing that is likely to be mistaken for any such mark, medal, ribbon, badge, chevron, decoration or order,

  • (c) has in his possession a certificate of discharge, certificate of release, statement of service or identity card from the Canadian Forces or any other naval, army or air force that has not been issued to and does not belong to him, or

  • (d) has in his possession a commission or warrant or a certificate of discharge, certificate of release, statement of service or identity card, issued to an officer or a person in or who has been in the Canadian Forces or any other naval, army or air force, that contains any alteration that is not verified by the initials of the officer who issued it, or by the initials of an officer thereto lawfully authorized.

  • R.S., 1985, c. C-46, s. 419
  • 2018, c. 29, s. 49

Marginal note:Military stores

  •  (1) Every one who buys, receives or detains from a member of the Canadian Forces or a deserter or an absentee without leave therefrom any military stores that are owned by Her Majesty or for which the member, deserter or absentee without leave is accountable to Her Majesty is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Exception

    (2) No person shall be convicted of an offence under this section where he establishes that he did not know and had no reason to suspect that the military stores in respect of which the offence was committed were owned by Her Majesty or were military stores for which the member, deserter or absentee without leave was accountable to Her Majesty.

  • R.S., c. C-34, s. 378

Marginal note:Evidence of enlistment

  •  (1) In proceedings under sections 417 to 420, evidence that a person was at any time performing duties in the Canadian Forces is, in the absence of any evidence to the contrary, proof that his enrolment in the Canadian Forces prior to that time was regular.

  • Marginal note:Presumption when accused a dealer in stores

    (2) An accused who is charged with an offence under subsection 417(2) shall be presumed to have known that the stores in respect of which the offence is alleged to have been committed bore a distinguishing mark within the meaning of that subsection at the time the offence is alleged to have been committed if he was, at that time, in the service or employment of Her Majesty or was a dealer in marine stores or in old metals.

  • R.S., c. C-34, s. 379
 
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