Criminal Code (R.S.C., 1985, c. C-46)

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.