CONSOLIDATED STATUTES OF CANADA
C
Criminal Code
PART X FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE
Forgery of Trade-marks and Trade Descriptions
Presumption from port of shipment
414. Where, in proceedings under this Part, 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.
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.
Public Stores
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.
Applying or removing marks without authority
417. (1) Every one who,
(a) without lawful authority, the proof of which lies on him, 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,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Unlawful transactions in public stores
(2) Every one who, without lawful authority, the proof of which lies on him, receives, possesses, keeps, sells or delivers public stores that he knows 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., c. C-34, s. 375.
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 officers and employees of corporations
(2) Every one who, being a director, an officer, an agent or an employee of a corporation 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., c. C-34, s. 376.
Unlawful use of military uniforms or certificates
419. Every one who without lawful authority, the proof of which lies on him,
(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,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 377.
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.
(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.
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.
Breach of Contract, Intimidation and Discrimination Against Trade Unionists
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.
(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.
(3) No proceedings shall be instituted under this section without the consent of the Attorney General.
R.S., c. C-34, s. 380.
423. (1) Every one who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he has a lawful right to do, or to do anything that he has a lawful right to abstain from doing,
(a) uses violence or threats of violence to that person or his spouse or children, or injures his property,
(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or a relative of his, or that the property of any of them will be damaged,
(c) persistently follows that person about from place to place,
(d) hides any tools, clothes or other property owned or used by that person, or deprives him of them or hinders him in the use of them,
(e) with one or more other persons, follows that person, in a disorderly manner, on a highway,
(f) besets or watches the dwelling-house or place where that person resides, works, carries on business or happens to be, or
(g) blocks or obstructs a highway,
is guilty of an offence punishable on summary conviction.
(2) A person who attends at or near or approaches a dwelling-house or place, for the purpose only of obtaining or communicating information, does not watch or beset within the meaning of this section.
R.S., c. C-34, s. 381; 1980-81-82-83, c. 125, s. 22.
Threat to commit offence against internationally protected person
424. Every one who threatens to commit an offence under section 235, 266, 279 or 279.1 against an internationally protected person or who threatens to commit an offence under section 431 is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., 1985, c. C-46, s. 424; R.S., 1985, c. 27 (1st Supp.), s. 55.
425. Every one who, being an employer or the agent of an employer, wrongfully and without lawful authority
(a) refuses to employ or dismisses from his employment any person for the reason only that the person is a member of a lawful trade union or of a lawful association or combination of workmen or employees formed for the purpose of advancing, in a lawful manner, their interests and organized for their protection in the regulation of wages and conditions of work,
(b) seeks by intimidation, threat of loss of position or employment, or by causing actual loss of position or employment, or by threatening or imposing any pecuniary penalty, to compel workmen or employees to abstain from belonging to any trade union, association or combination to which they have a lawful right to belong, or
(c) conspires, combines, agrees or arranges with any other employer or his agent to do anything mentioned in paragraph (a) or (b),
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 382.
Secret Commissions
426. (1) Every one commits an offence who
(a) corruptly
(i) gives, offers or agrees to give or offer to an agent, or
(ii) being an agent, demands, accepts or offers or agrees to accept from any person,
any reward, advantage or benefit of any kind as consideration for doing or forbearing to do, or for having done or forborne to do, any act relating to the affairs or business of his principal or for showing or forbearing to show favour or disfavour to any person with relation to the affairs or business of his principal; or
(b) with intent to deceive a principal, gives to an agent of that principal, or, being an agent, uses with intent to deceive his principal, a receipt, an account or other writing
(i) in which the principal has an interest,
(ii) that contains any statement that is false or erroneous or defective in any material particular, and
(iii) that is intended to mislead the principal.
(2) Every one commits an offence who is knowingly privy to the commission of an offence under subsection (1).
(3) A person who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Definition of "agent" and "principal"
(4) In this section, "agent" includes an employee, and "principal" includes an employer.
R.S., 1985, c. C-46, s. 426; R.S., 1985, c. 27 (1st Supp.), s. 56.
Trading Stamps
427. (1) Every one who, by himself or his employee or agent, directly or indirectly issues, gives, sells or otherwise disposes of, or offers to issue, give, sell or otherwise dispose of trading stamps to a merchant or dealer in goods for use in his business is guilty of an offence punishable on summary conviction.
(2) Every one who, being a merchant or dealer in goods, by himself or his employee or agent, directly or indirectly gives or in any way disposes of, or offers to give or in any way dispose of, trading stamps to a person who purchases goods from him is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 384.
Interpretation
428. In this Part, "property" means real or personal corporeal property.
R.S., c. C-34, s. 385.
Wilfully causing event to occur
429. (1) Every one who causes the occurrence of an event by doing an act or by omitting to do an act that it is his duty to do, knowing that the act or omission will probably cause the occurrence of the event and being reckless whether the event occurs or not, shall be deemed, for the purposes of this Part, wilfully to have caused the occurrence of the event.
(2) No person shall be convicted of an offence under sections 430 to 446 where he proves that he acted with legal justification or excuse and with colour of right.
(3) Where it is an offence to destroy or to damage anything,
(a) the fact that a person has a partial interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage; and
(b) the fact that a person has a total interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage with intent to defraud.
R.S., c. C-34, s. 386.
Mischief
430. (1) Every one commits mischief who wilfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
(1.1) Every one commits mischief who wilfully
(a) destroys or alters data;
(b) renders data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of data; or
(d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.
(2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
(4) Every one who commits mischief in relation to property, other than property described in subsection (3),
(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.
(5) Every one who commits mischief in relation to data
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
(5.1) Every one who wilfully does an act or wilfully omits to do an act that it is his duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or data,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
(6) No person commits mischief within the meaning of this section by reason only that
(a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;
(b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or
(c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.
(7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.
(8) In this section, "data" has the same meaning as in section 342.1.
R.S., 1985, c. C-46, s. 430; R.S., 1985, c. 27 (1st Supp.), s. 57; 1994, c. 44, s. 28.
Attack on premises, residence or transport of internationally protected person
431. Every one who commits an attack on the official premises, private accommodation or means of transport of an internationally protected person that is likely to endanger the life or liberty of such person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., 1985, c. C-46, s. 431; R.S., 1985, c. 27 (1st Supp.), s. 58.
432. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 58]
Arson and Other Fires
CONSOLIDATED STATUTES OF CANADA
C
Criminal Code
PART X FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE
Forgery of Trade-marks and Trade Descriptions