Criminal Code

Marginal note:Secret commissions

• 426 (1) Every one commits an offence who

  • (a) corruptly

    • (i) gives, offers or agrees to give or offer to an agent, or

    • (ii) being an agent, demands, accepts or offers or agrees to accept from any person,

    any reward, advantage or benefit of any kind as consideration for doing or forbearing to do, or for having done or forborne to do, any act relating to the affairs or business of his principal or for showing or forbearing to show favour or disfavour to any person with relation to the affairs or business of his principal; or

  • (b) with intent to deceive a principal, gives to an agent of that principal, or, being an agent, uses with intent to deceive his principal, a receipt, an account or other writing

    • (i) in which the principal has an interest,

    • (ii) that contains any statement that is false or erroneous or defective in any material particular, and

    • (iii) that is intended to mislead the principal.

• Marginal note:Privity to offence

  (2) Every one commits an offence who is knowingly privy to the commission of an offence under subsection (1).

• Marginal note:Punishment

  (3) A person who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

• Marginal note:Definition of “agent” and “principal”

  (4) In this section, agent includes an employee, and principal includes an employer.