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)
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Assented to 2019-06-21
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
140 (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.
141 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.
142 (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.
143 (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.
144 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.
145 (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.
146 (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.
147 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.
148 (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.
149 (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
150 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
151 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.
152 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.
153 (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.
154 (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.
155 (1) The portion of section 399 of the Act before paragraph (a) is replaced by the following:
Marginal note:False return by public officer
399 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, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of
(2) The portion of section 399 of the English version of the Act after paragraph (b) is repealed.
156 (1) The portion of subsection 400(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:False prospectus, etc.
400 (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 makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that they know is false in a material particular, with intent
(2) The portion of subsection 400(1) of the English version of the Act after paragraph (c) is repealed.
157 (1) Section 405 of the Act is replaced by the following:
Marginal note:Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance of bail, confession of judgment, consent to judgment or judgment, deed or other instrument or act 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.
(2) The portion of section 405 of the Act before paragraph (a) is replaced by the following:
Marginal note:Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of
158 (1) The portion of subsection 417(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Applying or removing marks without authority
417 (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 417(1) of the English version of the Act after paragraph (b) is repealed.
Marginal note:2001, c. 32, s. 10
159 Paragraph 423(1)(a) of the Act is replaced by the following:
(a) uses violence or threats of violence to that person or their intimate partner or children, or injures the person’s property;
Marginal note:2001, c. 41, s. 11
160 Sections 424 and 424.1 of the Act are replaced by the following:
Marginal note:Threat against internationally protected person
424 Every person who threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against an internationally protected person or who threatens to commit an offence under section 431 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:Threat against United Nations or associated personnel
424.1 Every person who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under section 431.1 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.
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