Criminal Code

Marginal note:Forgery of or uttering forged passport

• 57 (1) Every one who, while in or out of Canada,

  • (a) forges a passport, or

  • (b) knowing that a passport is forged

    • (i) uses, deals with or acts on it, or

    • (ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,

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

• Marginal note:False statement in relation to passport

  (2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the purpose of procuring any material alteration or addition to any such passport, makes a written or an oral statement that he knows is false or misleading

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

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Possession of forged, etc., passport

  (3) Every person who, without lawful excuse, has in their possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed 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:Special provisions applicable

  (4) For the purposes of proceedings under this section,

  • (a) the place where a passport was forged is not material; and

  • (b) the definition false document in section 321, and section 366, apply with such modifications as the circumstances require.

• Marginal note:Definition of passport

  (5) In this section, passport has the same meaning as in section 2 of the Canadian Passport Order.

• Marginal note:Jurisdiction

  (6) Where a person is alleged to have committed, while out of Canada, an offence under this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

• Marginal note:Appearance of accused at trial

  (7) For greater certainty, the provisions of this Act relating to

  • (a) requirements that an accused appear at and be present during proceedings, and

  • (b) the exceptions to those requirements,

  apply to proceedings commenced in any territorial division pursuant to subsection (6).