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An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)

Assented to 2019-06-21

R.S., c. C-46Criminal Code (continued)

Amendments to the Act (continued)

Marginal note:R.S., c. 27 (1st Supp.), s. 50

 Section 357 of the Act is replaced by the following:

Marginal note:Bringing into Canada property obtained by crime

357 Every person who brings into or has in Canada anything that they have obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) an offence punishable on summary conviction.

Marginal note:1994, c. 44, s. 22(1)

  •  (1) Paragraph 362(2)(a) of the Act is replaced by the following:

    • (a) if the property obtained is a testamentary instrument or the value of what is obtained is more than $5,000, is guilty of

      • (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

      • (ii) an offence punishable on summary conviction; or

  • (2) The portion of paragraph 362(2)(b) of the Act before subparagraph (i) is replaced by the following:

    • (b) if the value of what is obtained is not more than $5,000, is guilty

  • Marginal note:1994, c. 44, s. 22(2)

    (3) The portion of paragraph 362(2)(b) of the Act after subparagraph (ii) is repealed.

  • (4) Subsection 362(3) of the Act is replaced by the following:

    • Marginal note:Idem

      (3) Every person who commits an offence under paragraph (1)(b), (c) or (d) is guilty of

      • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

      • (b) an offence punishable on summary conviction.

  •  (1) The portion of section 363 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Obtaining execution of valuable security by fraud

    363 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, with intent to defraud or injure another person, by a false pretence causes or induces any person

  • (2) The portion of section 363 of the English version of the Act after paragraph (b) is repealed.

  •  (1) The portion of subsection 377(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Damaging documents

    • 377 (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 unlawfully

  • (2) The portion of subsection 377(1) of the English version of the Act after paragraph (d) is repealed.

  •  (1) The portion of section 378 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Offences in relation to registers

    378 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

  • (2) The portion of section 378 of the English version of the Act after paragraph (c) is repealed.

 Section 381 of the Act is replaced by the following:

Marginal note:Using mails to defraud

381 Every person who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

  • (b) an offence punishable on summary conviction.

Marginal note:2004, c. 3, s. 4(F)

  •  (1) The portion of section 382 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Fraudulent manipulation of stock exchange transactions

    382 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, through the facility of a stock exchange, curb market or other market, with intent to create a false or misleading appearance of active public trading in a security or with intent to create a false or misleading appearance with respect to the market price of a security,

  • Marginal note:2004, c. 3, s. 4(E)

    (2) The portion of section 382 of the English version of the Act after paragraph (c) is repealed.

Marginal note:2004, c. 3, s. 5

 The portion of subsection 382.1(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Prohibited insider trading

  • 382.1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, directly or indirectly, buys or sells a security, knowingly using inside information that they

  •  (1) The portion of subsection 383(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Gaming in stocks or merchandise

    • 383 (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, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise,

  • (2) The portion of subsection 383(1) of the English version of the Act after paragraph (b) is replaced by the following:

    This section does not apply if a broker, on behalf of a purchaser, receives delivery, even if the broker retains or pledges what is delivered as security for the advance of the purchase money or any part of it.

 Section 384 of the Act is replaced by the following:

Marginal note:Broker reducing stock by selling for their own account

  • 384 (1) Every person commits an offence who, being an individual, or a member or employee of a partnership, or a director, officer or employee of a corporation, if they or the partnership or corporation is employed as a broker by any customer to buy and carry on margin any shares of an incorporated or unincorporated company or undertaking, whether in or outside Canada, later sells or causes to be sold shares of the company or undertaking for any account in which they or their firm or a partner of the firm or the corporation or a director of the corporation has a direct or indirect interest, if the effect of the sale is, otherwise than unintentionally, to reduce the amount of those shares in the hands of the broker or under their control in the ordinary course of business below the amount of those shares that the broker should be carrying for all customers.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) 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.

  •  (1) The portion of subsection 385(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Fraudulent concealment of title documents

    • 385 (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, being a vendor, mortgagor or hypothecary debtor of property or a chose in action or an incorporeal right or being a lawyer or notary for or agent or mandatary of a vendor, mortgagor or hypothecary debtor of property, a chose in action or incorporeal right, is served with a written demand for an abstract of title by or on behalf of the purchaser, mortgagee or hypothecary creditor before the completion of the purchase, mortgage or hypothec, and who

  • (2) Paragraph 385(1)(a) of the English version of the Act is replaced by the following:

    • (a) with intent to defraud and for the purpose of inducing the purchaser, mortgagee or hypothecary creditor to accept the title offered or produced to them, conceals from them any settlement, deed, will or other instrument or act material to the title, or any encumbrance on the title, or

  • (3) The portion of subsection 385(1) of the English version of the Act after paragraph (b) is repealed.

 

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