Infractions frauduleuses diverses

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Fraud by Mail

Emploi de la poste pour frauder

381 Quiconque se sert de la poste pour transmettre ou livrer des lettres ou circulaires concernant des projets conçus ou formés pour leurrer ou frauder le public, ou dans le dessein d’obtenir de l’argent par de faux semblants est coupable :

a) soit d’un acte criminel passible d’un emprisonnement maximal de deux ans;

b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

L.R. (1985), ch. C-46, art. 381; 2019, ch. 25, art. 137

– CCC (CanLII), (Jus.)

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Manipulating Stock Exchange

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,

(a) effects a transaction in the security that involves no change in the beneficial ownership thereof,

(b) enters an order for the purchase of the security, knowing that an order of substantially the same size at substantially the same time and at substantially the same price for the sale of the security has been or will be entered by or for the same or different persons, or

(c) enters an order for the sale of the security, knowing that an order of substantially the same size at substantially the same time and at substantially the same price for the purchase of the security has been or will be entered by or for the same or different persons.

R.S., 1985, c. C-46, s. 382; 2004, c. 3, s. 4; 2019, c. 25, s. 138.

– CCC (CanLII), (Jus.)

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Insider Trading

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

(a) possess by virtue of being a shareholder of the issuer of that security;

(b) possess by virtue of, or obtained in the course of, their business or professional relationship with that issuer;

(c) possess by virtue of, or obtained in the course of, a proposed takeover or reorganization of, or amalgamation, merger or similar business combination with, that issuer;

(d) possess by virtue of, or obtained in the course of, their employment, office, duties or occupation with that issuer or with a person referred to in paragraphs (a) to (c); or

(e) obtained from a person who possesses or obtained the information in a manner referred to in paragraphs (a) to (d).

Tipping

(2) Except when necessary in the course of business, a person who knowingly conveys inside information that they possess or obtained in a manner referred to in subsection (1) to another person, knowing that there is a risk that the person will use the information to buy or sell, directly or indirectly, a security to which the information relates, or that they may convey the information to another person who may buy or sell such a security, is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.

Saving

(3) For greater certainty, an act is not an offence under this section if it is authorized or required, or is not prohibited, by any federal or provincial Act or regulation applicable to it.

Definition of inside information

(4) In this section, inside information means information relating to or affecting the issuer of a security or a security that they have issued, or are about to issue, that

(a) has not been generally disclosed; and

(b) could reasonably be expected to significantly affect the market price or value of a security of the issuer.

2004, c. 3, s. 5; 2019, c. 25, s. 139.

– CCC (CanLII), (Jus.)

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Gaming in Stock or Mechandise

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,

(a) makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the purchase or sale of shares of stock or goods, wares or merchandise, without the bona fide intention of acquiring the shares, goods, wares or merchandise or of selling them, as the case may be, or

(b) makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the sale or purchase of shares of stock or goods, wares or merchandise in respect of which no delivery of the thing sold or purchased is made or received, and without the bona fide intention of making or receiving delivery thereof, as the case may be.

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.

Onus

(2) Where, in proceedings under this section, it is established that the accused made or signed a contract or an agreement for the sale or purchase of shares of stock or goods, wares or merchandise, or acted, aided or abetted in the making or signing thereof, the burden of proof of a bona fide intention to acquire or to sell the shares, goods, wares or merchandise or to deliver or to receive delivery thereof, as the case may be, lies on the accused.

R.S., 1985, c. C-46, s. 383; 2019, c. 25, s. 140

– CCC (CanLII), (Jus.)

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Broker reducing stock by selling for his own account

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.

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.

R.S., 1985, c. C-46, s. 384; 2019, c. 25, s. 141

– CCC (CanLII), (Jus.)

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Fraudulent Concealment of Title Documents

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

(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

(b) falsifies any pedigree on which the title depends.

Consent required

(2) No proceedings shall be instituted under this section without the consent of the Attorney General.

R.S., 1985, c. C-46, s. 385; 2019, c. 25, s. 142.

– CCC (CanLII), (Jus.)

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Fraudulent Registation of Title

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,

(a) makes a material false statement or representation,

(b) suppresses or conceals from a judge or registrar, or any person employed by or assisting the registrar, any material document, fact, matter or information, or

(c) is privy to anything mentioned in paragraph (a) or (b).

R.S., 1985, c. C-46, s. 386; 2019, c. 25, s. 143

– CCC (CanLII), (Jus.)

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Fraudulent sale of real property

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.

R.S., 1985, c. C-46, s. 387; 2019, c. 25, s. 144.

– CCC (CanLII), (Jus.)

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Misleading receipt

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,

(a) with intent to mislead, injure or defraud any person, whether or not that person is known to him, gives to a person anything in writing that purports to be a receipt for or an acknowledgment of property that has been delivered to or received by him, before the property referred to in the purported receipt or acknowledgment has been delivered to or received by him, or

(b) accepts, transmits or uses a purported receipt or acknowledgment to which paragraph (a) applies.

R.S., 1985, c. C-46, s. 388; 2019, c. 25, s. 145.

– CCC (CanLII), (Jus.)

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Fraudulent disposal of goods on which money advanced

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

(a) having shipped or delivered to the keeper of a warehouse or to a factor, an agent or a carrier anything on which the consignee thereof has advanced money or has given valuable security, thereafter, with intent to deceive, defraud or injure the consignee, disposes of it in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, or

(b) knowingly and wilfully aids or assists any person to make a disposition of anything to which paragraph (a) applies for the purpose of deceiving, defrauding or injuring the consignee.

Saving

(2) No person is guilty of an offence under this section where, before disposing of anything in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, he pays or tenders to the consignee the full amount of money or valuable security that the consignee has advanced.

R.S., 1985, c. C-46, s. 389; 2019, c. 25, s. 146.

– CCC (CanLII), (Jus.)

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Fraudulent Receipts

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.

R.S., 1985, c. C-46, s. 390; 2019, c. 25, s. 147.

– CCC (CanLII), (Jus.)

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Trade Secrets

Trade secret

391 (1) Everyone commits an offence who, by deceit, falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret.

Trade secret — prior knowledge

(2) Everyone commits an offence who knowingly obtains a trade secret or communicates or makes available a trade secret knowing that it was obtained by the commission of an offence under subsection (1).

Punishment

(3) Everyone who commits an offence referred to in subsection (1) or (2) is guilty

(a) of an indictable offence and is liable to imprisonment for a term not exceeding 14 years; or

(b) of an offence punishable on summary conviction.

For greater certainty

(4) For greater certainty, no person commits an offence under subsection (1) or (2) if the trade secret was obtained by independent development or by reason only of reverse engineering.

Definition of trade secret

(5) For the purpose of this section, trade secret means any information that

(a) is not generally known in the trade or business that uses or may use that information;

(b) has economic value from not being generally known; and

(c) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

R.S., 1985, c. C-46, s. 391 2003, c. 21, s. 62020, c. 1, s. 37

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Disposal of property to defraud creditors

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,

(a) with intent to defraud his creditors,

(i) makes or causes to be made any gift, conveyance, assignment, sale, transfer or delivery of his property, or

(ii) removes, conceals or disposes of any of his property, or

(b) with intent that any one should defraud his creditors, receives any property by means of or in relation to which an offence has been committed under paragraph (a).

R.S., 1985, c. C-46, s. 392; 2019, c. 25, s. 148.

– CCC (CanLII), (Jus.)

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Fraud in relation to fares

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:

(a) fails to collect it,

(b) collects less than the proper amount payable in respect thereof, or

(c) accepts any valuable consideration for failing to collect it or for collecting less than the proper amount payable in respect thereof.

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

(a) for failing to collect it, or

(b) for collecting an amount less than the amount payable in respect thereof.

Fraudulently obtaining transportation

(3) Every one who, by any false pretence or fraud, unlawfully obtains transportation by land, water or air is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 393; 2019, c. 25, s. 149

– CCC (CanLII), (Jus.)

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Fraud in relation to valuable minerals

Fraud in relation to valuable minerals

394 (1) No person who is the holder of a lease or licence issued under an Act relating to the mining of valuable minerals, or by the owner of land that is supposed to contain valuable minerals, shall

(a) by a fraudulent device or contrivance, defraud or attempt to defraud any person of

(i) any valuable minerals obtained under or reserved by the lease or licence, or

(ii) any money or valuable interest or thing payable in respect of valuable minerals obtained or rights reserved by the lease or licence; or

(b) fraudulently conceal or make a false statement with respect to the amount of valuable minerals obtained under the lease or licence.

Sale of valuable minerals

(2) No person, other than the owner or the owner’s agent or someone otherwise acting under lawful authority, shall sell any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed.

Purchase of valuable minerals

(3) No person shall buy any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed from anyone who the person has reason to believe is not the owner or the owner’s agent or someone otherwise acting under lawful authority.

Presumption

(4) In any proceeding in relation to subsection (2) or (3), in the absence of evidence raising a reasonable doubt to the contrary, it is presumed that

(a) in the case of a sale, the seller is not the owner of the valuable mineral or the owner’s agent or someone otherwise acting under lawful authority; and

(b) in the case of a purchase, the purchaser, when buying the valuable mineral, had reason to believe that the seller was not the owner of the mineral or the owner’s agent or someone otherwise acting under lawful authority.

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.

Forfeiture

(6) If a person is convicted of an offence under this section, the court may order anything by means of or in relation to which the offence was committed, on such conviction, to be forfeited to Her Majesty.

Exception

(7) Subsection (6) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this section.

R.S., 1985, c. C-46, s. 394; R.S., 1985, c. 27 (1st Supp.), s. 186; 1999, c. 5, s. 10; 2019, c. 25, s. 150.

– CCC (CanLII), (Jus.)

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2 In this Act,
...
"valuable mineral" means a mineral of a value of at least $100 per kilogram, and includes precious metals, diamonds and other gemstones and any rock or ore that contains those minerals;
...
L.R. (1985), ch. C-46, art. 2; L.R. (1985), ch. 11 (1er suppl.), art. 2, ch. 27 (1er suppl.), art. 2 et 203, ch. 31 (1er suppl.), art. 61, ch. 1 (2e suppl.), art. 213, ch. 27 (2e suppl.), art. 10, ch. 35 (2e suppl.), art. 34, ch. 32 (4e suppl.), art. 55, ch. 40 (4e suppl.), art. 21990, ch. 17, art. 7; 1991, ch. 1, art. 28, ch. 40, art. 1, ch. 43, art. 1 et 9; 1992, ch. 20, art. 216, ch. 51, art. 32; 1993, ch. 28, art. 78, ch. 34, art. 59; 1994, ch. 44, art. 2; 1995, ch. 29, art. 39 et 40, ch. 39, art. 138; 1997, ch. 23, art. 1; 1998, ch. 30, art. 14; 1999, ch. 3, art. 25, ch. 5, art. 1, ch. 25, art. 1(préambule), ch. 28, art. 155; 2000, ch. 12, art. 91, ch. 25, art. 1(F); 2001, ch. 32, art. 1, ch. 41, art. 2 et 131; 2002, ch. 7, art. 137, ch. 22, art. 324; 2003, ch. 21, art. 1; 2004, ch. 3, art. 12005, ch. 10, art. 34, ch. 38, art. 58, ch. 40, art. 1 et 7; 2006, ch. 14, art. 12007, ch. 13, art. 1; 2012, ch. 1, art. 160, ch. 19, art. 371; 2013, ch. 13, art. 2; 2014, ch. 17, art. 1, ch. 23, art. 2, ch. 25, art. 2; 2015, ch. 3, art. 44, ch. 13, art. 3, ch. 20, art. 15; 2018, ch. 21, art. 12; 2019, ch. 13, art. 140; 2019, ch. 25, art. 1; 2022, ch. 17, art. 1.

– CCC (CanLII), (Jus.)

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Possession of stolen or fraudulently obtained valuable minerals

Possession of stolen or fraudulently obtained valuable minerals

394.1 (1) No person shall possess any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed that has been stolen or dealt with contrary to section 394.

Evidence

(2) Reasonable grounds to believe that the valuable mineral has been stolen or dealt with contrary to section 394 are, in the absence of evidence raising a reasonable doubt to the contrary, proof that the valuable mineral has been stolen or dealt with contrary to section 394.

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.

Forfeiture

(4) If a person is convicted of an offence under this section, the court may, on that conviction, order that anything by means of or in relation to which the offence was committed be forfeited to Her Majesty.

Exception

(5) Subsection (4) does not apply to real property, other than real property built or significantly modified for the purpose of facilitating the commission of an offence under subsection (3).

1999, c. 5, s. 10; 2019, c. 25, s. 151.

– CCC (CanLII), (Jus.)

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Search for valuable minerals

395 (1) If an information in writing is laid under oath before a justice by a peace officer or by a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and the justice is satisfied that there are reasonable grounds to believe that, contrary to this Act or any other Act of Parliament, any valuable mineral is deposited in a place or held by a person, the justice may issue a warrant authorizing a peace officer or a public officer, if the public officer is named in it, to search any of the places or persons mentioned in the information.

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.

Power to seize

(2) If, on search, anything mentioned in subsection (1) is found, it shall be seized and brought before a justice of the province in which the warrant was issued who has jurisdiction in the matter, and the justice shall order

Appeal

(3) An appeal lies from an order made under paragraph (2)(b) in the manner in which an appeal lies in summary conviction proceedings under Part XXVII and the provisions of that Part relating to appeals apply to appeals under this subsection.

R.S., 1985, c. C-46, s. 395 1999, c. 5, s. 11; 2019, c. 25, s. 152; 2022, c. 17, s. 11.

– CCC (CanLII), (Jus.)

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Offences in relation to mines

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

(a) adds anything to or removes anything from any existing or prospective mine, mining claim or oil well with a fraudulent intent to affect the result of an assay, a test or a valuation that has been made or is to be made with respect to the mine, mining claim or oil well, or

(b) adds anything to, removes anything from or tampers with a sample or material that has been taken or is being or is about to be taken from any existing or prospective mine, mining claim or oil well for the purpose of being assayed, tested or otherwise valued, with a fraudulent intent to affect the result of the assay, test or valuation.

Presumption

(2) For the purposes of proceedings under subsection (1), evidence that

(a) something has been added to or removed from anything to which subsection (1) applies, or

(b) anything to which subsection (1) applies has been tampered with,

is, in the absence of any evidence to the contrary, proof of a fraudulent intent to affect the result of an assay, a test or a valuation.

R.S., 1985, c. C-46, s. 396; 2019, c. 25, s. 153

– CCC (CanLII), (Jus.)

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Falsification of Books and Documents

Falsification of Books and Documents

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,

(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.

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.

R.S., 1985, c. C-46, s. 397; 2019, c. 25, s. 154.

– CCC (CanLII), (Jus.)

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Falsifying employment record

Falsifying employment record

398. Every one who, with intent to deceive, falsifies an employment record by any means, including the punching of a time clock, is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 398; 1992, c. 1, s. 60(F).

– CCC (CanLII), (Jus.)

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False return by public officer

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

(a) any sum of money collected by him or entrusted to his care, or

(b) any balance of money in his hands or under his control.

R.S., 1985, c. C-46, s. 399; 2019, c. 25, s. 155

– CCC (CanLII), (Jus.)

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False prospectus

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

(a) to induce persons, whether ascertained or not, to become shareholders or partners in a company,

(b) to deceive or defraud the members, shareholders or creditors, whether ascertained or not, of a company, or

(c) to induce any person to

(i) entrust or advance anything to a company, or

(ii) enter into any security for the benefit of a company.

(d) [Repealed, 1994, c. 44, s. 26]

Definition of company

(2) In this section, "company" means a syndicate, body corporate or company, whether existing or proposed to be created.

R.S., 1985, c. C-46, s. 400; 1994, c. 44, s. 26; 2019, c. 25, s. 156.

– CCC (CanLII), (Jus.)

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Falsehood can include material omissions.

Obtaining carriage by false billing

Obtaining carriage by false billing

401 (1) Every one who, by means of a false or misleading representation, knowingly obtains or attempts to obtain the carriage of anything by any person into a country, province, district or other place, whether or not within Canada, where the importation or transportation of it is, in the circumstances of the case, unlawful is guilty of an offence punishable on summary conviction.

Forfeiture

(2) Where a person is convicted of an offence under subsection (1) [obtention du transport par fausse facturation], anything by means of or in relation to which the offence was committed, on such conviction, in addition to any punishment that is imposed, is forfeited to Her Majesty and shall be disposed of as the court may direct.

R.S., c. C-34, s. 359.

– CCC (CanLII), (Jus.)

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Ack Instrument in False Name

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

(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.

R.S., 1985, c. C-46, s. 405; 2018, c. 29, s. 46; 2019, c. 25, s. 157.

– CCC (CanLII), (Jus.)

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Forging Trade-marks

Forgery of Trade-marks and Trade Descriptions

Forging trade-mark

406. For the purposes of this Part, every one forges a trade-mark who

(a) without the consent of the proprietor of the trade-mark, makes or reproduces in any manner that trade-mark or a mark so nearly resembling it as to be calculated to deceive; or

(b) falsifies, in any manner, a genuine trade-mark.

R.S., c. C-34, s. 364.

– CCC (CanLII), (Jus.)

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Offence

407. Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, forges a trade-mark.

R.S., c. C-34, s. 365.

– CCC (CanLII), (Jus.)

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"Trade-mark" has the same meaning under the Trade Marks Act. A registred trade-mark is presumed valid, but a finding of invalidity will be a defence.

Passing off

Passing off

408 Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not,

(a) passes off other wares or services as and for those ordered or required; or

(b) makes use, in association with wares or services, of any description that is false in a material respect regarding

(i) the kind, quality, quantity or composition,

(ii) the geographical origin, or

(iii) the mode of the manufacture, production or performance

of those wares or services.

R.S., 1985, c. C-46, s. 408; 1992, c. 1, s. 60(F).

– CCC (CanLII), (Jus.)

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Instruments for forging trade-mark

409 (1) Every one commits an offence who makes, has in his possession or disposes of a die, block, machine or other instrument designed or intended to be used in forging a trade-mark.

Saving

(2) No person shall be convicted of an offence under this section where he proves that he acted in good faith in the ordinary course of his business or employment.

R.S., c. C-34, s. 367.

– CCC (CanLII), (Jus.)

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Other Offences in relation to trade-marks

Other offences in relation to trade-marks

410. Every one commits an offence who, with intent to deceive or defraud,

(a) defaces, conceals or removes a trade-mark or the name of another person from anything without the consent of that other person; or

(b) being a manufacturer, dealer, trader or bottler, fills any bottle or siphon that bears the trade-mark or name of another person, without the consent of that other person, with a beverage, milk, by-product of milk or other liquid commodity for the purpose of sale or traffic.

R.S., c. C-34, s. 368.

– CCC (CanLII), (Jus.)

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Used goods sold without disclosure

Used goods sold without disclosure

411. Every one commits an offence who sells, exposes or has in his possession for sale, or advertises for sale, goods that have been used, reconditioned or remade and that bear the trade-mark or the trade-name of another person, without making full disclosure that the goods have been reconditioned, rebuilt or remade for sale and that they are not then in the condition in which they were originally made or produced.

R.S., c. C-34, s. 369.

– CCC (CanLII), (Jus.)

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Punishment

412 (1) Every one who commits an offence under section 407 [contrefaçon d'une marque de commerce – infraction], 408 [substitution], 409 [instruments pour contrefaire une marque de commerce], 410 [autres infractions relatives aux marques de commerce] or 411 [vente de marchandises utilisées sans indication] is guilty of

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

(b) an offence punishable on summary conviction.

Forfeiture

(2) Anything by means of or in relation to which a person commits an offence under section 407 [contrefaçon d'une marque de commerce – infraction], 408 [substitution], 409 [instruments pour contrefaire une marque de commerce], 410 [autres infractions relatives aux marques de commerce] or 411 [vente de marchandises utilisées sans indication] is, unless the court otherwise orders, forfeited on the conviction of that person for that offence.

R.S., c. C-34, s. 370.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Offences in relation to wreck

Offences in relation to wreck

415. Every one who

(a) secretes wreck, defaces or obliterates the marks on wreck or uses any means to disguise or conceal the fact that anything is wreck, or in any manner conceals the character of wreck, from a person who is entitled to inquire into the wreck,

(b) receives wreck, knowing that it is wreck, from a person other than the owner thereof or a receiver of wreck, and does not within forty-eight hours thereafter inform the receiver of wreck thereof,

(c) offers wreck for sale or otherwise deals with it, knowing that it is wreck, and not having a lawful authority to sell or deal with it,

(d) keeps wreck in his possession knowing that it is wreck, without lawful authority to keep it, for any time longer than the time reasonably necessary to deliver it to the receiver of wreck, or

(e) boards, against the will of the master, a vessel that is wrecked, stranded or in distress unless he is a receiver of wreck or a person acting under orders of a receiver of wreck,

is guilty of

(f) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(g) an offence punishable on summary conviction.

R.S., c. C-34, s. 373.

– CCC (CanLII), (Jus.)

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Public Stores Offences

Distinguishing mark on public stores

416. The Governor in Council may, by notice to be published in the Canada Gazette, prescribe distinguishing marks that are appropriated for use on public stores to denote the property of Her Majesty therein, whether the stores belong to Her Majesty in right of Canada or to Her Majesty in any other right.

R.S., c. C-34, s. 374.

– CCC (CanLII), (Jus.)

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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,

(a) without lawful authority applies a distinguishing mark to anything, or

(b) with intent to conceal the property of Her Majesty in public stores, removes, destroys or obliterates, in whole or in part, a distinguishing mark.

Unlawful transactions in public stores

(2) Every person who, without lawful authority, receives, possesses, keeps, sells or delivers public stores that they know bear a distinguishing mark is guilty of

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

(b) an offence punishable on summary conviction.

Definition of distinguishing mark

(3) For the purposes of this section, distinguishing mark means a distinguishing mark that is appropriated for use on public stores pursuant to section 416.

R.S., 1985, c. C-46, s. 417; 2018, c. 29, s. 48; 2019, c. 25, s. 158.

– CCC (CanLII), (Jus.)

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Selling defective stores to Her Majesty

418 (1) Every one who knowingly sells or delivers defective stores to Her Majesty or commits fraud in connection with the sale, lease or delivery of stores to Her Majesty or the manufacture of stores for Her Majesty is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Offences by representatives

(2) Every one who, being a representative of an organization that commits, by fraud, an offence under subsection (1),

(a) knowingly takes part in the fraud, or

(b) knows or has reason to suspect that the fraud is being committed or has been or is about to be committed and does not inform the responsible government, or a department thereof, of Her Majesty,

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

R.S., 1985, c. C-46, s. 418; 2003, c. 21, s. 6.1.

– CCC (CanLII), (Jus.)

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Unlawful use of military uniforms or certificates

Unlawful use of military uniforms or certificates

419 Every person is guilty of an offence punishable on summary conviction who, without lawful authority,

(a) wears a uniform of the Canadian Forces or any other naval, army or air force or a uniform that is so similar to the uniform of any of those forces that it is likely to be mistaken therefor,

(b) wears a distinctive mark relating to wounds received or service performed in war, or a military medal, ribbon, badge, chevron or any decoration or order that is awarded for war services, or any imitation thereof, or any mark or device or thing that is likely to be mistaken for any such mark, medal, ribbon, badge, chevron, decoration or order,

(c) has in his possession a certificate of discharge, certificate of release, statement of service or identity card from the Canadian Forces or any other naval, army or air force that has not been issued to and does not belong to him, or

(d) has in his possession a commission or warrant or a certificate of discharge, certificate of release, statement of service or identity card, issued to an officer or a person in or who has been in the Canadian Forces or any other naval, army or air force, that contains any alteration that is not verified by the initials of the officer who issued it, or by the initials of an officer thereto lawfully authorized.

R.S., 1985, c. C-46, s. 419; 2018, c. 29, s. 49.

– CCC (CanLII), (Jus.)

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Military stores

420 (1) Every one who buys, receives or detains from a member of the Canadian Forces or a deserter or an absentee without leave therefrom any military stores that are owned by Her Majesty or for which the member, deserter or absentee without leave is accountable to Her Majesty is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.

Exception

(2) No person shall be convicted of an offence under this section where he establishes that he did not know and had no reason to suspect that the military stores in respect of which the offence was committed were owned by Her Majesty or were military stores for which the member, deserter or absentee without leave was accountable to Her Majesty.

R.S., c. C-34, s. 378.

– CCC (CanLII), (Jus.)

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Evidence of enlistment

421 (1) In proceedings under sections 417 to 420, evidence that a person was at any time performing duties in the Canadian Forces is, in the absence of any evidence to the contrary, proof that his enrolment in the Canadian Forces prior to that time was regular.

Presumption when accused a dealer in stores

(2) An accused who is charged with an offence under subsection 417(2) shall be presumed to have known that the stores in respect of which the offence is alleged to have been committed bore a distinguishing mark within the meaning of that subsection at the time the offence is alleged to have been committed if he was, at that time, in the service or employment of Her Majesty or was a dealer in marine stores or in old metals.

R.S., c. C-34, s. 379.

– CCC (CanLII), (Jus.)

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Breach of Contract, Intimidation and Discrimination Against Trade Unionists

Criminal breach of contract

422 (1) Every one who wilfully breaks a contract, knowing or having reasonable cause to believe that the probable consequences of doing so, whether alone or in combination with others, will be

(a) to endanger human life,

(b) to cause serious bodily injury,

(c) to expose valuable property, real or personal, to destruction or serious injury,

(d) to deprive the inhabitants of a city or place, or part thereof, wholly or to a great extent, of their supply of light, power, gas or water, or

(e) to delay or prevent the running of any locomotive engine, tender, freight or passenger train or car, on a railway that is a common carrier,

is guilty of

(f) an indictable offence and is liable to imprisonment for a term not exceeding five years, or

(g) an offence punishable on summary conviction.

Saving

(2) No person wilfully breaks a contract within the meaning of subsection (1) by reason only that

(a) being the employee of an employer, he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment, or,

(b) being a member of an organization of employees formed for the purpose of regulating relations between employers and employees, he stops work as a result of the failure of the employer and a bargaining agent acting on behalf of the organization to agree on any matter relating to the employment of members of the organization,

if, before the stoppage of work occurs, all steps provided by law with respect to the settlement of industrial disputes are taken and any provision for the final settlement of differences, without stoppage of work, contained in or by law deemed to be contained in a collective agreement is complied with and effect given thereto.

Consent required

(3) No proceedings shall be instituted under this section without the consent of the Attorney General.

R.S., c. C-34, s. 380.

– CCC (CanLII), (Jus.)

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Threat against internationally protected person

424 Every person who threatens to commit an offence under section 235 [peine pour meurtre – peines maximales et minimales ], 236 [homicide involontaire], 266 [voies de fait], 267 [agression militaire ou causant des lésions corporelles], 268 [voies de fait graves], 269 , 269.1 [torture], 271 [agression sexuelle], 272 [agression sexuelle militaire ou causant des lésions corporelles], 273 [agression sexuelle grave], 279 [enlèvement et séquestration] or 279.1 [prise d'otage] against an internationally protected person or who threatens to commit an offence under section 431 [attaque contre les locaux, la résidence ou le transport d'une personne jouissant d'une protection internationale] 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.

R.S., 1985, c. C-46, s. 424; R.S., 1985, c. 27 (1st Supp.), s. 55; 2001, c. 41, s. 11; 2019, c. 25, s. 160.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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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 [peine pour meurtre – peines maximales et minimales ], 236 [homicide involontaire], 266 [voies de fait], 267 [agression militaire ou causant des lésions corporelles], 268 [voies de fait graves], 269 , 269.1 [torture], 271 [agression sexuelle], 272 [agression sexuelle militaire ou causant des lésions corporelles], 273 [agression sexuelle grave], 279 [enlèvement et séquestration] or 279.1 [prise d'otage] 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.

2001, c. 41, s. 11; 2019, c. 25, s. 160.

– CCC (CanLII), (Jus.)

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Misc Related Provisions

Presumption from port of shipment

414 Where, in proceedings under this Part [Pt. X – Opérations frauduleuses en matière de contrats et de commerce (art. 379 à 427)], the alleged offence relates to imported goods, evidence that the goods were shipped to Canada from a place outside Canada is, in the absence of any evidence to the contrary, proof that the goods were made or produced in the country from which they were shipped.
R.S., c. C-34, s. 372.

[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Presumption — valuable minerals

656 In any proceeding in relation to theft or possession of a valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed by any person actively engaged in or on a mine, if it is established that the person possesses the valuable mineral, the person is presumed, in the absence of evidence raising a reasonable doubt to the contrary, to have stolen or unlawfully possessed the valuable mineral.
R.S., 1985, c. C-46, s. 656; 1999, c. 5, s. 24.

– CCC (CanLII), (Jus.)

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Interpretation

Definition of goods

379 In this Part [Pt. X – Opérations frauduleuses en matière de contrats et de commerce (art. 379 à 427)], "goods" means anything that is the subject of trade or commerce.

R.S., 1985, c. C-46, s. 379; 2018, c. 29, s. 43.1.

– CCC (CanLII), (Jus.)

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Voir également

• Miscellaneous Offences Against Public Order
• Miscellaneous Firearms Offences
• Miscellaneous Administration of Justice Offences
• Miscellaneous Sexual Offences
• Miscellaneous Offences Against the Person
• Miscellaneous Offences Against Property
• Miscellaneous Currency Offences