CONSOLIDATED STATUTES OF CANADA
C
Criminal Code
PART XII OFFENCES RELATING TO CURRENCY
Defacing or Impairing


Printing circulars, etc., in likeness of notes

457. (1) Every one who designs, engraves, prints or in any manner makes, executes, issues, distributes, circulates or uses any business or professional card, notice, placard, circular, handbill or advertisement in the likeness or appearance of

(a) a current bank-note or current paper money, or

(b) any obligation or security of a government or a bank,

is guilty of an offence punishable on summary conviction.

Printing anything in likeness of bank-note, etc.

(2) Every one who publishes or prints anything in the likeness or appearance of

(a) all or part of a current bank-note or current paper money, or

(b) all or part of any obligation or security of a government or a bank,

is guilty of an offence punishable on summary conviction.

When no conviction under subsection (2)

(3) No person shall be convicted of an offence under subsection (2) where it is established that, in publishing or printing anything to which that subsection applies,

(a) no photography was used at any stage for the purpose of publishing or printing it, except in connection with processes necessarily involved in transferring a finished drawing or sketch to a printed surface;

(b) except for the word "Canada", nothing having the appearance of a word, letter or numeral was a complete word, letter or numeral;

(c) no representation of a human face or figure was more than a general indication of features, without detail;

(d) not more than one colour was used; and

(e) nothing in the likeness or appearance of the back of a current bank-note or current paper money was published or printed in any form.

R.S., c. C-34, s. 415.

Instruments or Materials

Making, having or dealing in instruments for counterfeiting

458. Every one who, without lawful justification or excuse, the proof of which lies on him,

(a) makes or repairs,

(b) begins or proceeds to make or repair,

(c) buys or sells, or

(d) has in his custody or possession,

any machine, engine, tool, instrument, material or thing that he knows has been used or that he knows is adapted and intended for use in making counterfeit money or counterfeit tokens of value is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 416.

Conveying instruments for coining out of mint

459. Every one who, without lawful justification or excuse, the proof of which lies on him, knowingly conveys out of any of Her Majesty's mints in Canada,

(a) any machine, engine, tool, instrument, material or thing used or employed in connection with the manufacture of coins,

(b) a useful part of anything mentioned in paragraph (a), or

(c) coin, bullion, metal or a mixture of metals,

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

R.S., c. C-34, s. 417.

Advertising and Trafficking in Counterfeit Money or Counterfeit Tokens of Value

Advertising and dealing in counterfeit money, etc.

460. (1) Every one who

(a) by an advertisement or any other writing, offers to sell, procure or dispose of counterfeit money or counterfeit tokens of value or to give information with respect to the manner in which or the means by which counterfeit money or counterfeit tokens of value may be sold, procured or disposed of, or

(b) purchases, obtains, negotiates or otherwise deals with counterfeit tokens of value, or offers to negotiate with a view to purchasing or obtaining them,

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

Fraudulent use of money genuine but valueless

(2) No person shall be convicted of an offence under subsection (1) in respect of genuine coin or genuine paper money that has no value as money unless, at the time when the offence is alleged to have been committed, he knew that the coin or paper money had no value as money and he had a fraudulent intent in his dealings with or with respect to the coin or paper money.

R.S., c. C-34, s. 418.

Special Provisions as to Proof

When counterfeit complete

461. (1) Every offence relating to counterfeit money or counterfeit tokens of value shall be deemed to be complete notwithstanding that the money or tokens of value in respect of which the proceedings are taken are not finished or perfected or do not copy exactly the money or tokens of value that they are apparently intended to resemble or for which they are apparently intended to pass.

Certificate of examiner of counterfeit

(2) In any proceedings under this Part, a certificate signed by a person designated as an examiner of counterfeit by the Solicitor General of Canada, stating that any coin, paper money or bank-note described therein is counterfeit money or that any coin, paper money or bank-note described therein is genuine and is or is not, as the case may be, current in Canada or elsewhere, is evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

Cross-examination and notice

(3) Subsections 258(6) and (7) apply, with such modifications as the circumstances require, in respect of a certificate described in subsection (2).

R.S., 1985, c. C-46, s. 461; 1992, c. 1, s. 58.

Forfeiture

Ownership

462. (1) Counterfeit money, counterfeit tokens of value and anything that is used or is intended to be used to make counterfeit money or counterfeit tokens of value belong to Her Majesty.

Seizure

(2) A peace officer may seize and detain

(a) counterfeit money,

(b) counterfeit tokens of value, and

(c) machines, engines, tools, instruments, materials or things that have been used or that have been adapted and are intended for use in making counterfeit money or counterfeit tokens of value,

and anything seized shall be sent to the Minister of Finance to be disposed of or dealt with as he may direct, but anything that is required as evidence in any proceedings shall not be sent to the Minister until it is no longer required in those proceedings.

R.S., c. C-34, s. 420.

PART XII.1
INSTRUMENTS AND LITERATURE FOR ILLICIT DRUG USE

Interpretation

Definitions

462.1 In this Part,

"consume" «consommer»

"consume" includes inhale, inject into the human body, masticate and smoke;

"illicit drug" « drogue illicite »

"illicit drug" means a controlled substance or precursor the import, export, production, sale or possession of which is prohibited or restricted pursuant to the Controlled Drugs and Substances Act;

"illicit drug use" « utilisation de drogues illicites »

"illicit drug use" means the importation, exportation, production, sale or possession of a controlled substance or precursor contrary to the Controlled Drugs and Substances Act or a regulation made under that Act;

"instrument for illicit drug use" «instrument pour l'utilisation de drogues illicites»

"instrument for illicit drug use" means anything designed primarily or intended under the circumstances for consuming or to facilitate the consumption of an illicit drug, but does not include a "device" as that term is defined in section 2 of the Food and Drugs Act;

"literature for illicit drug use" «documentation pour l'utilisation de drogues illicites»

"literature for illicit drug use" means any printed matter or video describing or depicting, and designed primarily or intended under the circumstances to promote, encourage or advocate, the production, preparation or consumption of illicit drugs;

"sell" «vendre»

"sell" includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration.

R.S., 1985, c. 50 (4th Supp.), s. 1; 1996, c. 19, s. 67.

Offence and Punishment

Offence

462.2 Every one who knowingly imports into Canada, exports from Canada, manufactures, promotes or sells instruments or literature for illicit drug use is guilty of an offence and liable on summary conviction

(a) for a first offence, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both; or

(b) for a second or subsequent offence, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding one year or to both.

R.S., 1985, c. 50 (4th Supp.), s. 1.

PART XII.2
PROCEEDS OF CRIME

Interpretation

Definitions

462.3 In this Part,

"designated drug offence" [Repealed, 1996, c. 19, s. 68]

"designated substance offence" « infraction désignée »

"designated substance offence" means

(a) an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1) of that Act, or

(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);

"enterprise crime offence" «infraction de criminalité organisée»

"enterprise crime offence" means

(a) an offence against any of the following provisions, namely,

(i) subsection 99(1) (weapons trafficking),

(i.1) subsection 100(1) (possession for purpose of weapons trafficking),

(i.2) subsection 102(1) (making automatic firearm),

(i.3) subsection 103(1) (importing or exporting knowing it is unauthorized),

(i.4) subsection 104(1) (unauthorized importing or exporting),

(i.5) section 119 (bribery of judicial officers, etc.),

(ii) section 120 (bribery of officers),

(iii) section 121 (frauds on the government),

(iv) section 122 (breach of trust by public officer),

(v) section 163 (corrupting morals),

(v.1) section 163.1 (child pornography),

(vi) subsection 201(1) (keeping gaming or betting house),

(vii) section 202 (betting, pool-selling, book-making, etc.),

(vii.1) paragraph 206(1)(e) (money increment schemes, etc.),

(viii) section 210 (keeping common bawdy-house),

(ix) section 212 (procuring),

(x) section 235 (punishment for murder),

(xi) section 334 (punishment for theft),

(xii) section 344 (punishment for robbery),

(xiii) section 346 (extortion),

(xiii.1) section 347 (criminal interest rate),

(xiv) section 367 (punishment for forgery),

(xv) section 368 (uttering forged document),

(xvi) section 380 (fraud),

(xvii) section 382 (fraudulent manipulation of stock exchange transactions),

(xviii) section 426 (secret commissions),

(xix) section 433 (arson),

(xx) section 449 (making counterfeit money),

(xxi) section 450 (possession, etc., of counterfeit money),

(xxii) section 452 (uttering, etc., counterfeit money),

(xxiii) section 462.31 (laundering proceeds of crime), or

(xxiv) section 467.1 (participation in criminal organization),

(a.1) any indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a criminal organization for which the maximum punishment is imprisonment for five years or more,

(b) an offence against subsection 96(1) (possession of weapon obtained by commission of offence) or section 354 (possession of property obtained by crime), committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of

(i) the commission in Canada of an offence referred to in paragraph (a) or (a.1) or a designated substance offence, or

(ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence referred to in paragraph (a) or (a.1) or a designated substance offence,

(b.1) an offence against section 126.1 or 126.2 or subsection 233(1) or 240(1) of the Excise Act or section 153, 159, 163.1 or 163.2 of the Customs Act, or

(c) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (a.1), (b) or (b.1);

"judge" «juge»

"judge" means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction;

"proceeds of crime" «produits de la criminalité»

"proceeds of crime" means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of

(a) the commission in Canada of an enterprise crime offence or a designated substance offence, or

(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an enterprise crime offence or a designated substance offence.

(c) [Repealed, 1993, c. 37, s. 32]

R.S., 1985, c. 42 (4th Supp.), s. 2; 1993, c. 25, s. 95, c. 37, s. 32, c. 46, s. 5; 1994, c. 44, s. 29; 1995, c. 39, s. 151; 1996, c. 19, ss. 68, 70; 1997, c. 18, s. 27, c. 23, s. 9.

Offence

Laundering proceeds of crime

462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

(a) the commission in Canada of an enterprise crime offence or a designated substance offence; or

(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an enterprise crime offence or a designated substance offence.

Punishment

(2) Every one who commits an offence under subsection (1)

(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.

Exception

(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer's duties.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1996, c. 19, s. 70; 1997, c. 18, s. 28.

Search, Seizure and Detention of Proceeds of Crime

Special search warrant

462.32 (1) Subject to subsection (3), where a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of an enterprise crime offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named therein or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.

Procedure

(2) An application for a warrant under subsection (1) may be made ex parte, shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) with respect to the property that is the subject of the application.

Execution of warrant

(2.1) Subject to subsection (2.2), a warrant issued pursuant to subsection (1) may be executed anywhere in Canada.

Execution in another province

(2.2) Where a warrant is issued under subsection (1) in one province but it may be reasonably expected that it is to be executed in another province and the execution of the warrant would require entry into or on the property of any person in the other province, a judge in the other province may, on ex parte application, confirm the warrant, and when the warrant is so confirmed it shall have full force and effect in that other province as though it had originally been issued in that province.

Execution of warrant in other territorial jurisdictions

(3) Subsections 487(2) to (4) and section 488 apply, with such modifications as the circumstances require, to a warrant issued under this section.

Detention and record of property seized

(4) Every person who executes a warrant issued by a judge under this section shall

(a) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;

(b) as soon as practicable after the execution of the warrant but within a period not exceeding seven days thereafter, prepare a report in Form 5.3, identifying the property seized and the location where the property is being detained, and cause the report to be filed with the clerk of the court; and

(c) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the property.

Notice

(5) Before issuing a warrant under this section in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before the issuance of the warrant would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be seized pursuant to the warrant.

Undertakings by Attorney General

(6) Before issuing a warrant under this section, a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the issuance and execution of the warrant.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1997, c. 18, s. 29.

Application for restraint order

462.33 (1) The Attorney General may make an application in accordance with subsection (2) for a restraint order under subsection (3) in respect of any property.

Procedure

(2) An application made under subsection (1) for a restraint order under subsection (3) in respect of any property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters, namely,

(a) the offence or matter under investigation;

(b) the person who is believed to be in possession of the property;

(c) the grounds for the belief that an order of forfeiture may be made under subsection 462.37(1) or 462.38(2) in respect of the property;

(d) a description of the property; and

(e) whether any previous applications have been made under this section with respect to the property.

Restraint order

(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that there exists within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of an enterprise crime offence alleged to have been committed within the province in which the judge has jurisdiction, make an order

(a) prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in such manner as may be specified in the order; and

(b) at the request of the Attorney General, where the judge is of the opinion that the circumstances so require,

(i) appointing a person to take control of and to manage or otherwise deal with all or part of that property in accordance with the directions of the judge, which power to manage or otherwise deal with all or part of that property includes, in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property, and

(ii) requiring any person having possession of that property to give possession of the property to the person appointed under subparagraph (i).


 

CONSOLIDATED STATUTES OF CANADA
C
Criminal Code
PART XII OFFENCES RELATING TO CURRENCY
Defacing or Impairing