GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 321
Definitions 321 In this Part, break means (a) to break any part, internal or external, or (b) to open any thing that is used or intended to be used to close or to cover an internal or external opening; ( effraction ) credit card means any card, plate, coupon book or other device issued or otherwise distributed for the purpose of being used (a) on presentation to obtain, on credit, money, goods, services or any other thing of value, or (b) in an automated teller machine, a remote service unit or a similar automated banking device to obtain any of the services offered through the machine, unit or device; ( carte de crédit ) document means any paper, parchment or other material on which is recorded or marked anything that is capable of being read or understood by a person, computer system or other device, and includes a credit card, but does not include trademarks on articles of commerce or inscriptions on stone or metal or other like material; ( document ) exchequer bill means a bank-note, bond, note, debenture or security that is issued or guaranteed by Her Majesty under the authority of Parliament or the legislature of a province; ( bon du Trésor ) exchequer bill paper means paper that is used to manufacture exchequer bills; ( papier de bons du Trésor ) false document means a document (a) the whole or a material part of which purports to be made by or on behalf of a person (i) who did not make it or authorize it to be made, or (ii) who did not in fact exist, (b) that is made by or on behalf of the person who purports to make it but is false in some material particular, (c) that is made in the name of an existing person, by him or under his authority, with a fraudulent intention that it should pass as being made by a person, real or fictitious, other than the person who makes it or under whose authority it is made; ( faux document ) revenue paper means paper that is used to make stamps, licences or permits or for any purpose connected with the public revenue. ( papier de revenu ) R.S., 1985, c. C-46, s. 321; R.S., 1985, c. 27 (1st Supp.), s. 42 2014, c. 20, s. 366(E)
Criminal Code — C-46 (a)
break means (a) to break any part, internal or external, or (b) to open any thing that is used or intended to be used to close or to cover an internal or external opening; ( effraction )
Criminal Code — C-46 (a)
credit card means any card, plate, coupon book or other device issued or otherwise distributed for the purpose of being used (a) on presentation to obtain, on credit, money, goods, services or any other thing of value, or (b) in an automated teller machine, a remote service unit or a similar automated banking device to obtain any of the services offered through the machine, unit or device; ( carte de crédit )
Criminal Code — C-46
document means any paper, parchment or other material on which is recorded or marked anything that is capable of being read or understood by a person, computer system or other device, and includes a credit card, but does not include trademarks on articles of commerce or inscriptions on stone or metal or other like material; ( document )
Criminal Code — C-46
exchequer bill means a bank-note, bond, note, debenture or security that is issued or guaranteed by Her Majesty under the authority of Parliament or the legislature of a province; ( bon du Trésor )
Criminal Code — C-46
exchequer bill paper means paper that is used to manufacture exchequer bills; ( papier de bons du Trésor )
Criminal Code — C-46 (a)
false document means a document (a) the whole or a material part of which purports to be made by or on behalf of a person (i) who did not make it or authorize it to be made, or (ii) who did not in fact exist, (b) that is made by or on behalf of the person who purports to make it but is false in some material particular, (c) that is made in the name of an existing person, by him or under his authority, with a fraudulent intention that it should pass as being made by a person, real or fictitious, other than the person who makes it or under whose authority it is made; ( faux document )
Criminal Code — C-46
revenue paper means paper that is used to make stamps, licences or permits or for any purpose connected with the public revenue. ( papier de revenu )
Criminal Code — C-46 322
Theft 322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it; (b) to pledge it or deposit it as security; (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted. Time when theft completed (2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable. Secrecy (3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment. Purpose of taking (4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material. Wild living creature (5) For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity. R.S., c. C-34, s. 283
Criminal Code — C-46 323
Oysters 323 (1) Where oysters and oyster brood are in oyster beds, layings or fisheries that are the property of any person and are sufficiently marked out or known as the property of that person, that person shall be deemed to have a special property or interest in them. Oyster bed (2) An indictment is sufficient if it describes an oyster bed, laying or fishery by name or in any other way, without stating that it is situated in a particular territorial division. R.S., c. C-34, s. 284
Criminal Code — C-46 324
Theft by bailee of things under seizure 324 Every one who is a bailee of anything that is under lawful seizure by a peace officer or public officer in the execution of the duties of his office, and who is obliged by law or agreement to produce and deliver it to that officer or to another person entitled thereto at a certain time and place, or on demand, steals it if he does not produce and deliver it in accordance with his obligation, but he does not steal it if his failure to produce and deliver it is not the result of a wilful act or omission by him. R.S., c. C-34, s. 285
Criminal Code — C-46 325
Agent pledging goods, when not theft 325 A factor or an agent does not commit theft by pledging or giving a lien on goods or documents of title to goods that are entrusted to him for the purpose of sale or for any other purpose, if the pledge or lien is for an amount that does not exceed the sum of (a) the amount due to him from his principal at the time the goods or documents are pledged or the lien is given; and (b) the amount of any bill of exchange that he has accepted for or on account of his principal. R.S., c. C-34, s. 286
Criminal Code — C-46 326
Theft of telecommunication service 326 (1) Every one commits theft who fraudulently, maliciously, or without colour of right, (a) abstracts, consumes or uses electricity or gas or causes it to be wasted or diverted; or (b) uses any telecommunication facility or obtains any telecommunication service. (2) [Repealed, 2014, c. 31, s. 14] R.S., 1985, c. C-46, s. 326; 2014, c. 31, s. 14
Criminal Code — C-46 327
Possession of device to obtain use of telecommunication facility or service 327 (1) Every person who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, knowing that the device has been used or is intended to be used for that purpose, is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. Forfeiture (2) If a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs. Limitation (3) No order for forfeiture is to be made in respect of telecommunication facilities or equipment by means of which an offence under subsection (1) is committed if they are owned by a person engaged in providing a telecommunication service to the public or form part of such a person’s telecommunication service or system and that person is not a party to the offence. Definition of device (4) In this section, device includes (a) a component of a device; and (b) a computer program within the meaning of subsection 342.1(2). R.S., 1985, c. C-46, s. 327; 2014, c. 31, s. 15; 2018, c. 29, s. 32
Criminal Code — C-46 328
Theft by or from person having special property or interest 328 A person may be convicted of theft notwithstanding that anything that is alleged to have been stolen was stolen (a) by the owner of it from a person who has a special property or interest in it; (b) by a person who has a special property or interest in it from the owner of it; (c) by a lessee of it from his reversioner; (d) by one of several joint owners, tenants in common or partners of or in it from the other persons who have an interest in it; or (e) by the representatives of an organization from the organization. R.S., 1985, c. C-46, s. 328; 2003, c. 21, s. 4
Criminal Code — C-46 330
Theft by person required to account 330 (1) Every one commits theft who, having received anything from any person on terms that require him to account for or pay it or the proceeds of it or a part of the proceeds to that person or another person, fraudulently fails to account for or pay it or the proceeds of it or the part of the proceeds of it accordingly. Effect of entry in account (2) Where subsection (1) otherwise applies, but one of the terms is that the thing received or the proceeds or part of the proceeds of it shall be an item in a debtor and creditor account between the person who receives the thing and the person to whom he is to account for or to pay it, and that the latter shall rely only on the liability of the other as his debtor in respect thereof, a proper entry in that account of the thing received or the proceeds or part of the proceeds of it, as the case may be, is a sufficient accounting therefor, and no fraudulent conversion of the thing or the proceeds or part of the proceeds of it thereby accounted for shall be deemed to have taken place. R.S., c. C-34, s. 290
Criminal Code — C-46 331
Theft by person holding power of attorney 331 Every one commits theft who, being entrusted, whether solely or jointly with another person, with a power of attorney for the sale, mortgage, pledge or other disposition of real or personal property, fraudulently sells, mortgages, pledges or otherwise disposes of the property or any part of it, or fraudulently converts the proceeds of a sale, mortgage, pledge or other disposition of the property, or any part of the proceeds, to a purpose other than that for which he was entrusted by the power of attorney. R.S., c. C-34, s. 291
Criminal Code — C-46 332
Misappropriation of money held under direction 332 (1) Every one commits theft who, having received, either solely or jointly with another person, money or valuable security or a power of attorney for the sale of real or personal property, with a direction that the money or a part of it, or the proceeds or a part of the proceeds of the security or the property shall be applied to a purpose or paid to a person specified in the direction, fraudulently and contrary to the direction applies to any other purpose or pays to any other person the money or proceeds or any part of it. Effect of entry in account (2) This section does not apply where a person who receives anything mentioned in subsection (1) and the person from whom he receives it deal with each other on such terms that all money paid to the former would, in the absence of any such direction, be properly treated as an item in a debtor and creditor account between them, unless the direction is in writing. R.S., c. C-34, s. 292
Criminal Code — C-46 333
Taking ore for scientific purpose 333 No person commits theft by reason only that he takes, for the purpose of exploration or scientific investigation, a specimen of ore or mineral from land that is not enclosed and is not occupied or worked as a mine, quarry or digging. R.S., c. C-34, s. 293
Criminal Code — C-46 333.1
Motor vehicle theft 333.1 (1) Everyone who commits theft is, if the property stolen is a motor vehicle, guilty of an offence and liable (a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years, and to a minimum punishment of imprisonment for a term of six months in the case of a third or subsequent offence under this subsection; or (b) on summary conviction, to imprisonment for a term of not more than two years less a day. Subsequent offences (2) For the purpose of determining whether a convicted person has committed a third or subsequent offence, an offence for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings. Motor vehicle theft when violence used, threatened or attempted (3) Everyone who commits theft in the commission of which violence against a person is used, threatened or attempted is, if the property stolen is a motor vehicle, guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years. Motor vehicle theft for criminal organization (4) Everyone who commits theft for the benefit of, at the direction of or in association with a criminal organization is, if the property stolen is a motor vehicle, guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years. 2010, c. 14, s. 3 2019, c. 25, s. 121 2024, c. 17, s. 369
Criminal Code — C-46 333.2
Possession of device for purpose of committing theft 333.2 (1) Everyone commits an offence who possesses an electronic device suitable for committing theft of a motor vehicle for the purpose of committing a motor vehicle theft offence. Distribution of device linked to theft (2) Everyone commits an offence who, without lawful excuse, makes, repairs, sells, offers for sale, imports into Canada, exports from Canada, distributes or makes available an electronic device suitable for committing theft of a motor vehicle, knowing that the device has been used or is intended to be used to commit a motor vehicle theft offence. Punishment (3) Everyone who commits an offence under subsection (1) or (2) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or (b) is guilty of an offence punishable on summary conviction. Forfeiture (4) If a person is convicted of an offence under subsection (1) or (2), in addition to any punishment that is imposed, the electronic device in relation to which the offence was committed may be ordered forfeited to His Majesty and may be disposed of as the Attorney General directs. Limitation (5) No order of forfeiture may be made under subsection (4) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1) or (2). 2024, c. 17, s. 370
Criminal Code — C-46 334
Punishment for theft 334 Except where otherwise provided by law, every one who commits theft (a) if the property stolen is a testamentary instrument or the value of what is stolen 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 what is stolen 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. 334; R.S., 1985, c. 27 (1st Supp.), s. 43; 1994, c. 44, s. 20 2019, c. 25, s. 122
Criminal Code — C-46 335
Taking motor vehicle or vessel or found therein without consent 335 (1) Subject to subsection (1.1), every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction. Exception (1.1) Subsection (1) does not apply to an occupant of a motor vehicle or vessel who, on becoming aware that it was taken without the consent of the owner, attempted to leave the motor vehicle or vessel, to the extent that it was feasible to do so, or actually left the motor vehicle or vessel. Definition of vessel (2) For the purposes of subsection (1), vessel has the same meaning as in section 320.11. R.S., 1985, c. C-46, s. 335; R.S., 1985, c. 1 (4th Supp.), s. 15; 1997, c. 18, s. 15; 2018, c. 21, s. 16
Criminal Code — C-46 336
Criminal breach of trust 336 Every one who, being a trustee of anything for the use or benefit, whether in whole or in part, of another person, or for a public or charitable purpose, converts, with intent to defraud and in contravention of his trust, that thing or any part of it to a use that is not authorized by the trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. R.S., c. C-34, s. 296
Criminal Code — C-46 338
Fraudulently taking cattle or defacing brand 338 (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, without the consent of the owner, (a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells cattle that are found astray, or (b) fraudulently, in whole or in part, (i) obliterates, alters or defaces a brand or mark on cattle, or (ii) makes a false or counterfeit brand or mark on cattle. Punishment for theft of cattle (2) Every person who commits theft of cattle 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. Evidence of property in cattle (3) In any proceedings under this Act, evidence that cattle are marked with a brand or mark that is recorded or registered in accordance with any Act is, in the absence of any evidence to the contrary, proof that the cattle are owned by the registered owner of that brand or mark. Presumption from possession (4) Where an accused is charged with an offence under subsection (1) or (2), the burden of proving that the cattle came lawfully into the possession of the accused or his employee or into the possession of another person on behalf of the accused is on the accused, if the accused is not the registered owner of the brand or mark with which the cattle are marked, unless it appears that possession of the cattle by an employee of the accused or by another person on behalf of the accused was without the knowledge and authority, sanction or approval of the accused. R.S., 1985, c. C-46, s. 338 2019, c. 25, s. 123
Criminal Code — C-46 339
Taking possession, etc., of drift timber 339 (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, without the consent of the owner, (a) fraudulently takes, holds, keeps in their possession, conceals, receives, appropriates, purchases or sells any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada; (b) removes, alters, obliterates or defaces a mark or number on such lumber or lumbering equipment; or (c) refuses to deliver such lumber or lumbering equipment up to the owner or to the person in charge of it on behalf of the owner or to a person authorized by the owner to receive it. Dealer in second-hand goods (2) Every one who, being a dealer in second-hand goods of any kind, trades or traffics in or has in his possession for sale or traffic any lumbering equipment that is marked with the mark, brand, registered timber mark, name or initials of a person, without the written consent of that person, is guilty of an offence punishable on summary conviction. Search for timber unlawfully detained (3) A peace officer who suspects, on reasonable grounds, that any lumber owned by any person and bearing the registered timber mark of that person is kept or detained in or on any place without the knowledge or consent of that person, may enter into or on that place to ascertain whether or not it is detained there without the knowledge or consent of that person. Evidence of property in timber (4) Where any lumber or lumbering equipment is marked with a timber mark or a boom chain brand registered under any Act, the mark or brand is, in proceedings under subsection (1), and, in the absence of any evidence to the contrary, proof that it is the property of the registered owner of the mark or brand. Presumption from possession (5) Where an accused or his servants or agents are in possession of lumber or lumbering equipment marked with the mark, brand, registered timber mark, name or initials of another person, the burden of proving that it came lawfully into his possession or into possession of his servants or agents is, in proceedings under subsection (1), on the accused. Definitions (6) In this section, coastal waters of Canada includes all of Queen Charlotte Sound, all the Strait of Georgia and the Canadian waters of the Strait of Juan de Fuca; ( eaux côtières du Canada ) lumber means timber, mast, spar, shingle bolt, sawlog or lumber of any description; ( bois ) lumbering equipment includes a boom chain, chain, line and shackle. ( matériel d’exploitation forestière ) R.S., 1985, c. C-46, s. 339 2019, c. 25, s. 124
Criminal Code — C-46
coastal waters of Canada includes all of Queen Charlotte Sound, all the Strait of Georgia and the Canadian waters of the Strait of Juan de Fuca; ( eaux côtières du Canada )
Criminal Code — C-46
lumber means timber, mast, spar, shingle bolt, sawlog or lumber of any description; ( bois )
Criminal Code — C-46
lumbering equipment includes a boom chain, chain, line and shackle. ( matériel d’exploitation forestière )
Criminal Code — C-46 340
Destroying documents of title 340 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, for a fraudulent purpose, destroys, cancels, conceals or obliterates (a) a document of title to goods or lands, (b) a valuable security or testamentary instrument, or (c) a judicial or official document. R.S., 1985, c. C-46, s. 340 2019, c. 25, s. 125
Criminal Code — C-46 341
Fraudulent concealment 341 Every person who, for a fraudulent purpose, takes, obtains, removes or conceals anything 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. 341 2019, c. 25, s. 126