CONSOLIDATED STATUTES OF CANADA
C
Criminal Code
PART XI WILFUL AND FORBIDDEN ACTS IN RESPECT OF CERTAIN PROPERTY
Arson and Other Fires
Arson — disregard for human life
433. Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where
(a) the person knows that or is reckless with respect to whether the property is inhabited or occupied; or
(b) the fire or explosion causes bodily harm to another person.
R.S., 1985, c. C-46, s. 433; 1990, c. 15, s. 1.
434. Every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that 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. 434; 1990, c. 15, s. 1.
434.1 Every person who intentionally or recklessly causes damage by fire or explosion to property that is owned, in whole or in part, by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, where the fire or explosion seriously threatens the health, safety or property of another person.
1990, c. 15, s. 1.
435. (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Holder or beneficiary of fire insurance policy
(2) Where a person is charged with an offence under subsection (1), the fact that the person was the holder of or was named as a beneficiary under a policy of fire insurance relating to the property in respect of which the offence is alleged to have been committed is a fact from which intent to defraud may be inferred by the court.
R.S., 1985, c. C-46, s. 435; 1990, c. 15, s. 1.
436. (1) Every person who owns, in whole or in part, or controls property is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years where, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, that person is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property.
Non-compliance with prevention laws
(2) Where a person is charged with an offence under subsection (1), the fact that the person has failed to comply with any law respecting the prevention or control of fires or explosions in the property is a fact from which a marked departure from the standard of care referred to in that subsection may be inferred by the court.
R.S., 1985, c. C-46, s. 436; 1990, c. 15, s. 1.
Possession of incendiary material
436.1 Every person who possesses any incendiary material, incendiary device or explosive substance for the purpose of committing an offence under any of sections 433 to 436 is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
1990, c. 15, s. 1.
Other Interference with Property
437. Every one who wilfully, without reasonable cause, by outcry, ringing bells, using a fire alarm, telephone or telegraph, or in any other manner, makes or circulates or causes to be made or circulated an alarm of fire 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.
R.S., c. C-34, s. 393; 1972, c. 13, s. 31.
Interfering with saving of wrecked vessel
438. (1) Every one who wilfully prevents or impedes, or who wilfully endeavours to prevent or impede,
(a) the saving of a vessel that is wrecked, stranded, abandoned or in distress, or
(b) a person who attempts to save a vessel that is wrecked, stranded, abandoned or in distress,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Interfering with saving of wreck
(2) Every one who wilfully prevents or impedes or wilfully endeavours to prevent or impede the saving of wreck is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 394.
Interfering with marine signal, etc.
439. (1) Every one who makes fast a vessel or boat to a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of an offence punishable on summary conviction.
(2) Every one who wilfully alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
R.S., c. C-34, s. 395.
Removing natural bar without permission
440. Every one who wilfully and without the written permission of the Minister of Transport, the burden of proof of which lies on the accused, removes any stone, wood, earth or other material that forms a natural bar necessary to the existence of a public harbour, or that forms a natural protection to such a bar, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 396.
441. Every one who, wilfully and to the prejudice of a mortgagee or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which he is in possession or occupation, or severs from the freehold any fixture fixed therein or thereto, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 397.
Interfering with boundary lines
442. Every one who wilfully pulls down, defaces, alters or removes anything planted or set up as the boundary line or part of the boundary line of land is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 398.
Interfering with international boundary marks, etc.
443. (1) Every one who wilfully pulls down, defaces, alters or removes
(a) a boundary mark lawfully placed to mark any international, provincial, county or municipal boundary, or
(b) a boundary mark lawfully placed by a land surveyor to mark any limit, boundary or angle of a concession, range, lot or parcel of land,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
(2) A land surveyor does not commit an offence under subsection (1) where, in his operations as a land surveyor,
(a) he takes up, when necessary, a boundary mark mentioned in paragraph (1)(b) and carefully replaces it as it was before he took it up; or
(b) he takes up a boundary mark mentioned in paragraph (1)(b) in the course of surveying for a highway or other work that, when completed, will make it impossible or impracticable for that boundary mark to occupy its original position, and he establishes a permanent record of the original position sufficient to permit that position to be ascertained.
R.S., c. C-34, s. 399.
Cattle and Other Animals
Injuring or endangering cattle
444. Every one who wilfully
(a) kills, maims, wounds, poisons or injures cattle, or
(b) places poison in such a position that it may easily be consumed by cattle,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 400.
Injuring or endangering other animals
445. Every one who wilfully and without lawful excuse
(a) kills, maims, wounds, poisons or injures dogs, birds or animals that are not cattle and are kept for a lawful purpose, or
(b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are not cattle and are kept for a lawful purpose,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 401.
Cruelty to Animals
446. (1) Every one commits an offence who
(a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;
(b) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed;
(c) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it;
(d) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;
(e) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;
(f) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or
(g) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (f).
(2) Every one who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.
Failure to exercise reasonable care as evidence
(3) For the purposes of proceedings under paragraph (1)(a) or (b), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering, damage or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering, damage or injury was caused or was permitted to be caused wilfully or was caused by wilful neglect, as the case may be.
Presence at baiting as evidence
(4) For the purpose of proceedings under paragraph (1)(d), evidence that an accused was present at the fighting or baiting of animals or birds is, in the absence of any evidence to the contrary, proof that he encouraged, aided or assisted at the fighting or baiting.
(5) Where an accused is convicted of an offence under subsection (1), the court may, in addition to any other sentence that may be imposed for the offence, make an order prohibiting the accused from owning or having the custody or control of an animal or a bird during any period not exceeding two years.
(6) Every one who owns or has the custody or control of an animal or a bird while he is prohibited from doing so by reason of an order made under subsection (5) is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 402; 1974-75-76, c. 93, s. 35.
447. (1) Every one who builds, makes, maintains or keeps a cockpit on premises that he owns or occupies, or allows a cockpit to be built, made, maintained or kept on such premises is guilty of an offence punishable on summary conviction.
(2) A peace officer who finds cocks in a cockpit or on premises where a cockpit is located shall seize them and take them before a justice who shall order them to be destroyed.
R.S., c. C-34, s. 403.
Interpretation
448. In this Part,
"counterfeit money" «monnaie contrefaite»
"counterfeit money" includes
(a) a false coin or false paper money that resembles or is apparently intended to resemble or pass for a current coin or current paper money,
(b) a forged bank-note or forged blank bank-note, whether complete or incomplete,
(c) a genuine coin or genuine paper money that is prepared or altered to resemble or pass for a current coin or current paper money of a higher denomination,
(d) a current coin from which the milling is removed by filing or cutting the edges and on which new milling is made to restore its appearance,
(e) a coin cased with gold, silver or nickel, as the case may be, that is intended to resemble or pass for a current gold, silver or nickel coin, and
(f) a coin or a piece of metal or mixed metals that is washed or coloured by any means with a wash or material capable of producing the appearance of gold, silver or nickel and that is intended to resemble or pass for a current gold, silver or nickel coin;
"counterfeit token of value" «symbole de valeur contrefait»
"counterfeit token of value" means a counterfeit excise stamp, postage stamp or other evidence of value, by whatever technical, trivial or deceptive designation it may be described, and includes genuine coin or paper money that has no value as money;
"current" means lawfully current in Canada or elsewhere by virtue of a law, proclamation or regulation in force in Canada or elsewhere as the case may be;
"utter" «mettre en circulation»
"utter" includes sell, pay, tender and put off.
R.S., c. C-34, s. 406.
Making
449. Every one who makes or begins to make counterfeit money is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 407.
Possession
Possession, etc., of counterfeit money
450. Every one who, without lawful justification or excuse, the proof of which lies on him,
(a) buys, receives or offers to buy or receive,
(b) has in his custody or possession, or
(c) introduces into Canada,
counterfeit money is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 408.
451. Every one who, without lawful justification or excuse, the proof of which lies on him, has in his custody or possession
(a) gold or silver filings or clippings,
(b) gold or silver bullion, or
(c) gold or silver in dust, solution or otherwise,
produced or obtained by impairing, diminishing or lightening a current gold or silver coin, knowing that it has been so produced or obtained, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 409.
Uttering
Uttering, etc., counterfeit money
452. Every one who, without lawful justification or excuse, the proof of which lies on him,
(a) utters or offers to utter counterfeit money or uses counterfeit money as if it were genuine, or
(b) exports, sends or takes counterfeit money out of Canada,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 410.
453. Every one who, with intent to defraud, knowingly utters
(a) a coin that is not current, or
(b) a piece of metal or mixed metals that resembles in size, figure or colour a current coin for which it is uttered,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 411.
454. Every one who without lawful excuse, the proof of which lies on him,
(a) manufactures, produces or sells, or
(b) has in his possession
anything that is intended to be fraudulently used in substitution for a coin or token of value that any coin or token-operated device is designed to receive is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 412; 1972, c. 13, s. 32.
Defacing or Impairing
Clipping and uttering clipped coin
455. Every one who
(a) impairs, diminishes or lightens a current gold or silver coin with intent that it should pass for a current gold or silver coin, or
(b) utters a coin knowing that it has been impaired, diminished or lightened contrary to paragraph (a),
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 413.
456. Every one who
(a) defaces a current coin, or
(b) utters a current coin that has been defaced,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 414.
CONSOLIDATED STATUTES OF CANADA
C
Criminal Code
PART XI WILFUL AND FORBIDDEN ACTS IN RESPECT OF CERTAIN PROPERTY
Arson and Other Fires