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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)

  •  (1) The portion of section 386 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Fraudulent registration of title

    386 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, as principal, agent or mandatary in a proceeding to register title to real property or immovable property, or in a transaction relating to real property or immovable property that is or is proposed to be registered, knowingly and with intent to deceive,

  • (2) The portion of section 386 of the English version of the Act after paragraph (c) is repealed.

 Section 387 of the Act is replaced by the following:

Marginal note:Fraudulent sale of real property

387 Every person who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, lien or encumbrance of or on real property, fraudulently sells the property or any part of it 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.

  •  (1) The portion of section 388 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Misleading receipt

    388 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 knowingly,

  • (2) The portion of section 388 of the English version of the Act after paragraph (b) is repealed.

  •  (1) The portion of subsection 389(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Fraudulent disposal of goods on which money advanced

    • 389 (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

  • (2) The portion of subsection 389(1) of the English version of the Act after paragraph (b) is repealed.

 Section 390 of the Act is replaced by the following:

Marginal note:Fraudulent receipts under Bank Act

390 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) knowingly makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or

  • (b) knowingly, after either giving to another person or after a person employed by them has, to their knowledge, given to another person, or after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.

  •  (1) The portion of section 392 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Disposal of property to defraud creditors

    392 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,

  • (2) The portion of section 392 of the English version of the Act after paragraph (b) is repealed.

  •  (1) The portion of subsection 393(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Fraud in relation to fares, etc.

    • 393 (1) Every person whose duty it is to collect a fare, toll, ticket or admission and who intentionally does any of the following 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:

  • (2) The portion of subsection 393(1) of the English version of the Act after paragraph (c) is repealed.

  • (3) The portion of subsection 393(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Idem

      (2) 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 gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration

  • (4) The portion of subsection 393(2) of the English version of the Act after paragraph (b) is repealed.

Marginal note:1999, c. 5, s. 10

 Subsection 394(5) of the Act is replaced by the following:

  • Marginal note:Offence

    (5) A person who contravenes subsection (1), (2) or (3) 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:1999, c. 5, s. 10

 Subsection 394.1(3) of the Act is replaced by the following:

  • Marginal note:Offence

    (3) A person who contravenes 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.

 Section 395 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Execution in Canada

    (1.1) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

  •  (1) The portion of subsection 396(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Offences in relation to mines

    • 396 (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

  • (2) The portion of subsection 396(1) of the English version of the Act after paragraph (b) is repealed.

  •  (1) The portion of subsection 397(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Books and documents

    • 397 (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 defraud,

  • (2) The portion of subsection 397(1) of the English version of the Act after the portion before paragraph (a) is replaced by the following:

    • (a) destroys, mutilates, alters, falsifies or makes a false entry in a book, paper, writing, valuable security or document, or

    • (b) omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document.

  • (3) Subsection 397(2) of the Act is replaced by the following:

    • Marginal note:Privy

      (2) Every person who, with intent to defraud their creditors, is privy to the commission of 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.

 

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