GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46
payday loan means an advancement of money in exchange for a post-dated cheque, a pre-authorized debit or a future payment of a similar nature but not for any guarantee, suretyship, overdraft protection or security on property and not through a margin loan, pawnbroking, a line of credit or a credit card. ( prêt sur salaire )
Criminal Code — C-46 348
Breaking and entering with intent, committing offence or breaking out 348 (1) Every one who (a) breaks and enters a place with intent to commit an indictable offence therein, (b) breaks and enters a place and commits an indictable offence therein, or (c) breaks out of a place after (i) committing an indictable offence therein, or (ii) entering the place with intent to commit an indictable offence therein, is guilty (d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and (e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction. Presumptions (2) For the purposes of proceedings under this section, evidence that an accused (a) broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or (b) broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after (i) committing an indictable offence therein, or (ii) entering with intent to commit an indictable offence therein. Definition of place (3) For the purposes of this section and section 351, place means (a) a dwelling-house; (b) a building or structure or any part thereof, other than a dwelling-house; (c) a railway vehicle, a vessel, an aircraft or a trailer; or (d) a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes. R.S., 1985, c. C-46, s. 348; R.S., 1985, c. 27 (1st Supp.), s. 47; 1997, c. 18, s. 20
Criminal Code — C-46 348.1
Aggravating circumstance — home invasion 348.1 If a person is convicted of an offence under section 98 or 98.1, subsection 279(2) or section 343, 346 or 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence, (a) knew that or was reckless as to whether the dwelling-house was occupied; and (b) used violence or threats of violence to a person or property. 2002, c. 13, s. 15; 2008, c. 6, s. 34
Criminal Code — C-46 349
Being unlawfully in dwelling-house 349 (1) Every person who, without lawful excuse, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or of an offence punishable on summary conviction. Presumption (2) For the purposes of proceedings under this section, evidence that an accused, without lawful excuse, entered or was in a dwelling-house is, in the absence of any evidence to the contrary, proof that he entered or was in the dwelling-house with intent to commit an indictable offence therein. R.S., 1985, c. C-46, s. 349; 1997, c. 18, s. 21; 2018, c. 29, s. 35
Criminal Code — C-46 350
Entrance 350 For the purposes of sections 348 and 349, (a) a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and (b) a person shall be deemed to have broken and entered if (i) he obtained entrance by a threat or an artifice or by collusion with a person within, or (ii) he entered without lawful justification or excuse by a permanent or temporary opening. R.S., 1985, c. C-46, s. 350; 2018, c. 29, s. 36
Criminal Code — C-46 351
Possession of break-in instrument 351 (1) Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose, (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. Disguise with intent (2) Every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised 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. R.S., 1985, c. C-46, s. 351; R.S., 1985, c. 27 (1st Supp.), s. 48; 2008, c. 18, s. 9; 2018, c. 29, s. 37 2019, c. 25, s. 128
Criminal Code — C-46 352
Possession of instruments for breaking into coin-operated or currency exchange devices 352 Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into a coin-operated device or a currency exchange device, knowing that the instrument has been used or is or was intended to be used for that purpose, 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. 352; 2018, c. 29, s. 38 2019, c. 25, s. 129
Criminal Code — C-46 353
Selling, etc., automobile master key 353 (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) sells, offers for sale or advertises in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province, or (b) purchases or has in his possession in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province. Exception (1.1) A police officer specially authorized by the chief of the police force to possess an automobile master key is not guilty of an offence under subsection (1) by reason only that the police officer possesses an automobile master key for the purposes of the execution of the police officer’s duties. Terms and conditions of licence (2) A licence issued by the Attorney General of a province as described in paragraph (1)(a) or (b) may contain such terms and conditions relating to the sale, offering for sale, advertising, purchasing, having in possession or use of an automobile master key as the Attorney General of that province may prescribe. Fees (2.1) The Attorney General of a province may prescribe fees for the issue or renewal of licences as described in paragraph (1)(a) or (b). Record to be kept (3) Every one who sells an automobile master key (a) shall keep a record of the transaction showing the name and address of the purchaser and particulars of the licence issued to the purchaser as described in paragraph (1)(b); and (b) shall produce the record for inspection at the request of a peace officer. Failure to comply with subsection (3) (4) Every one who fails to comply with subsection (3) is guilty of an offence punishable on summary conviction. Definitions (5) The definitions in this subsection apply in this section. automobile master key includes a key, pick, rocker key or other instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles. ( passe-partout d’automobile ) licence includes any authorization. ( licence ) R.S., 1985, c. C-46, s. 353; 1997, c. 18, s. 22 2019, c. 25, s. 130
Criminal Code — C-46
automobile master key includes a key, pick, rocker key or other instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles. ( passe-partout d’automobile )
Criminal Code — C-46
licence includes any authorization. ( licence )
Criminal Code — C-46 353.1
Tampering with vehicle identification number 353.1 (1) Every person commits an offence who, without lawful excuse, wholly or partially alters, removes or obliterates a vehicle identification number on a motor vehicle. Definition of vehicle identification number (2) For the purpose of this section, vehicle identification number means any number or other mark placed on a motor vehicle for the purpose of distinguishing it from other similar motor vehicles. Exception (3) Despite subsection (1), it is not an offence to wholly or partially alter, remove or obliterate a vehicle identification number on a motor vehicle during regular maintenance or any repair or other work done on the vehicle for a legitimate purpose, including a modification of the vehicle. Punishment (4) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) is guilty of an offence punishable on summary conviction. 2010, c. 14, s. 4
Criminal Code — C-46 354
Possession of property obtained by crime 354 (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment; or (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment. Obliterated vehicle identification number (2) In proceedings in respect of an offence under subsection (1), evidence that a person has in their possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained, (a) by the commission in Canada of an offence punishable by indictment; or (b) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment. Definition of vehicle identification number (3) For the purposes of subsection (2), vehicle identification number means any number or other mark placed on a motor vehicle for the purpose of distinguishing the motor vehicle from other similar motor vehicles. Exception (4) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer’s duties. R.S., 1985, c. C-46, s. 354; 1997, c. 18, s. 23; 2018, c. 29, s. 39
Criminal Code — C-46 355
Punishment 355 Every one who commits an offence under section 354 (a) if the subject matter of the offence is a testamentary instrument or the value of the subject matter of the offence is more than $5,000, is guilty of (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or (ii) an offence punishable on summary conviction; or (b) if the value of the subject matter of the offence is not more than $5,000, is guilty (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or (ii) of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 355; R.S., 1985, c. 27 (1st Supp.), s. 49; 1994, c. 44, s. 21 2019, c. 25, s. 131
Criminal Code — C-46 355.1
Definition of traffic 355.1 For the purposes of sections 355.2 and 355.4, traffic means to sell, give, transfer, transport, export from Canada, import into Canada, send, deliver or deal with in any other way, or to offer to do any of those acts. 2010, c. 14, s. 6
Criminal Code — C-46 355.2
Trafficking in property obtained by crime 355.2 Everyone commits an offence who traffics in any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment; or (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment. 2010, c. 14, s. 6
Criminal Code — C-46 355.3
In rem prohibition 355.3 The importation into Canada or exportation from Canada of any property or thing or any proceeds of any property or thing is prohibited if all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment; or (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment. 2010, c. 14, s. 6
Criminal Code — C-46 355.4
Possession of property obtained by crime — trafficking 355.4 Everyone commits an offence who has in their possession, for the purpose of trafficking, any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment; or (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment. 2010, c. 14, s. 6
Criminal Code — C-46 355.5
Punishment 355.5 Everyone who commits an offence under section 355.2 or 355.4 (a) is, if the value of the subject matter of the offence is more than $5,000, guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or (b) is, if the value of the subject matter of the offence is not more than $5,000, (i) guilty of an indictable offence and liable to imprisonment for a term of not more than five years, or (ii) guilty of an offence punishable on summary conviction. 2010, c. 14, s. 6
Criminal Code — C-46 356
Theft from mail 356 (1) Everyone commits an offence who (a) steals (i) anything sent by post, after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail, (ii) a bag, sack or other container or covering in which mail is conveyed, whether or not it contains mail, or (iii) a key suited to a lock adopted for use by the Canada Post Corporation; (a.1) with intent to commit an offence under paragraph (a), makes, possesses or uses a copy of a key suited to a lock adopted for use by the Canada Post Corporation, or a key suited to obtaining access to a receptacle or device provided for the receipt of mail; (b) has in their possession anything that they know has been used to commit an offence under paragraph (a) or (a.1) or anything in respect of which they know that such an offence has been committed; or (c) fraudulently redirects, or causes to be redirected, anything sent by post. Allegation of value not necessary (2) In proceedings for an offence under this section it is not necessary to allege in the indictment or to prove on the trial that anything in respect of which the offence was committed had any value. Punishment (3) Everyone who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 356; 2009, c. 28, s. 6
Criminal Code — C-46 357
Bringing into Canada property obtained by crime 357 Every person who brings into or has in Canada anything that they have obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 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. R.S., 1985, c. C-46, s. 357; R.S., 1985, c. 27 (1st Supp.), s. 50 2019, c. 25, s. 132
Criminal Code — C-46 358
Having in possession when complete 358 For the purposes of sections 342 and 354 and paragraph 356(1)(b), the offence of having in possession is complete when a person has, alone or jointly with another person, possession of or control over anything mentioned in those sections or when he aids in concealing or disposing of it, as the case may be. R.S., 1985, c. C-46, s. 358; R.S., 1985, c. 27 (1st Supp.), s. 50
Criminal Code — C-46 361
False pretence 361 (1) A false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it. Exaggeration (2) Exaggerated commendation or depreciation of the quality of anything is not a false pretence unless it is carried to such an extent that it amounts to a fraudulent misrepresentation of fact. Question of fact (3) For the purposes of subsection (2), it is a question of fact whether commendation or depreciation amounts to a fraudulent misrepresentation of fact. R.S., c. C-34, s. 319
Criminal Code — C-46 363
Obtaining execution of valuable security by fraud 363 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 or injure another person, by a false pretence causes or induces any person (a) to execute, make, accept, endorse or destroy the whole or any part of a valuable security, or (b) to write, impress or affix a name or seal on any paper or parchment in order that it may afterwards be made or converted into or used or dealt with as a valuable security. R.S., 1985, c. C-46, s. 363 2019, c. 25, s. 134
Criminal Code — C-46 364
Fraudulently obtaining food, beverage or accommodation 364 (1) Every one who fraudulently obtains food, a beverage or accommodation at any place that is in the business of providing those things is guilty of an offence punishable on summary conviction. Presumption (2) In proceedings under this section, evidence that the accused obtained food, a beverage or accommodation at a place that is in the business of providing those things and did not pay for it and (a) made a false or fictitious show or pretence of having baggage, (b) had any false or pretended baggage, (c) surreptitiously removed or attempted to remove his baggage or any material part of it, (d) absconded or surreptitiously left the premises, (e) knowingly made a false statement to obtain credit or time for payment, or (f) offered a worthless cheque, draft or security in payment for the food, beverage or accommodation, is, in the absence of any evidence to the contrary, proof of fraud. Definition of cheque (3) In this section, cheque includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors. R.S., 1985, c. C-46, s. 364; 1994, c. 44, s. 23
Criminal Code — C-46 366
Forgery 366 (1) Every one commits forgery who makes a false document, knowing it to be false, with intent (a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or (b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not. Making false document (2) Making a false document includes (a) altering a genuine document in any material part; (b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or (c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way. When forgery complete (3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything. Forgery complete though document incomplete (4) Forgery is complete notwithstanding that the false document is incomplete or does not purport to be a document that is binding in law, if it is such as to indicate that it was intended to be acted on as genuine. Exception (5) No person commits forgery by reason only that the person, in good faith, makes a false document at the request of a police force, the Canadian Forces or a department or agency of the federal government or of a provincial government. R.S., 1985, c. C-46, s. 366; 2009, c. 28, s. 7
Criminal Code — C-46 367
Punishment for forgery 367 Every one who commits forgery (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. R.S., 1985, c. C-46, s. 367; 1994, c. 44, s. 24; 1997, c. 18, s. 24
Criminal Code — C-46 368
Use, trafficking or possession of forged document 368 (1) Everyone commits an offence who, knowing or believing that a document is forged, (a) uses, deals with or acts on it as if it were genuine; (b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine; (c) transfers, sells or offers to sell it or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or (d) possesses it with intent to commit an offence under any of paragraphs (a) to (c). Punishment (1.1) Everyone who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) is guilty of an offence punishable on summary conviction. Wherever forged (2) For the purposes of proceedings under this section, the place where a document was forged is not material. R.S., 1985, c. C-46, s. 368; 1992, c. 1, s. 60(F); 1997, c. 18, s. 25; 2009, c. 28, s. 8
Criminal Code — C-46 368.1
Forgery instruments 368.1 Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, or is guilty of an offence punishable on summary conviction, who, without lawful authority or excuse, makes, repairs, buys, sells, exports from Canada, imports into Canada or possesses any instrument, device, apparatus, material or thing that they know has been used or know is adapted or intended for use by any person to commit forgery. 2009, c. 28, s. 9
Criminal Code — C-46 368.2
Public officers acting in the course of their duties or employment 368.2 No public officer, as defined in subsection 25.1(1), is guilty of an offence under any of sections 366 to 368.1 if the acts alleged to constitute the offence were committed by the public officer for the sole purpose of establishing or maintaining a covert identity for use in the course of the public officer’s duties or employment. 2009, c. 28, s. 9
Criminal Code — C-46 369
Exchequer bill paper, public seals, etc. 369 Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful authority or excuse, (a) makes, uses or possesses (i) any exchequer bill paper, revenue paper or paper that is used to make bank-notes, or (ii) any paper that is intended to resemble paper mentioned in subparagraph (i); or (b) makes, reproduces or uses a public seal of Canada or of a province, or the seal of a public body or authority in Canada or of a court of law. R.S., 1985, c. C-46, s. 369; 2009, c. 28, s. 9