GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 117.06
Where no finding or application 117.06 (1) Any thing or document seized pursuant to subsection 117.04(1) or (2) shall be returned to the person from whom it was seized if (a) no application is made under subsection 117.05(1) within thirty days after the date of execution of the warrant or of the seizure without a warrant, as the case may be; or (b) an application is made under subsection 117.05(1) within the period referred to in paragraph (a), and the justice does not make a finding as described in subsection 117.05(4). Restoration of authorizations (2) Where, pursuant to subsection (1), any thing is returned to the person from whom it was seized and an authorization, a licence or a registration certificate, as the case may be, is revoked pursuant to subsection 117.04(4), the justice referred to in paragraph (1)(b) may order that the revocation be reversed and that the authorization, licence or registration certificate be restored. 1995, c. 39, s. 139
Criminal Code — C-46 117.071
Preclearance officers 117.071 Despite any other provision of this Act, but subject to section 117.1, no preclearance officer , as defined in section 5 of the Preclearance Act, 2016 , is guilty of an offence under this Act or the Firearms Act by reason only that the preclearance officer (a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition in the course of or for the purpose of their duties or employment; (b) transfers or offers to transfer a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of their duties or employment; (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of their duties or employment; or (d) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance that occurs in the course of their duties or employment or the destruction of any such thing in the course of their duties or employment. 2017, c. 27, s. 61 2023, c. 32, s. 12.1
Criminal Code — C-46 117.08
Individuals acting for police force, Canadian Forces and visiting forces 117.08 Notwithstanding any other provision of this Act, but subject to section 117.1, no individual is guilty of an offence under this Act or the Firearms Act by reason only that the individual (a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance, (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition, (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, (d) exports or imports a component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm, (e) alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger, (f) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance or the destruction of any such thing, or (g) alters a serial number on a firearm, if the individual does so on behalf of, and under the authority of, a police force, the Canadian Forces, a visiting force, within the meaning of section 2 of the Visiting Forces Act , or a department of the Government of Canada or of a province. 1995, c. 39, s. 139 2023, c. 32, s. 12.2
Criminal Code — C-46 117.09
rable, in the interests of the safety of any person, to designate the individual. Conditions (7) A provincial minister may attach to a designation referred to in subsection (5) any reasonable condition that the provincial minister considers desirable in the particular circumstances and in the interests of the safety of any person. 1995, c. 39, s. 139 2023, c. 32, s. 12.3
Criminal Code — C-46 117.1
Restriction 117.1 Sections 117.07 to 117.09 do not apply if the public officer or the individual is subject to a prohibition order and acts contrary to that order or to an authorization or a licence issued under the authority of an order made under subsection 113(1). 1995, c. 39, s. 139
Criminal Code — C-46 117.11
Onus on the accused 117.11 Where, in any proceedings for an offence under any of sections 89, 90, 91, 93, 97, 101, 104 and 105, any question arises as to whether a person is the holder of an authorization, a licence or a registration certificate, the onus is on the accused to prove that the person is the holder of the authorization, licence or registration certificate. 1995, c. 39, s. 139
Criminal Code — C-46 117.12
Authorizations, etc., as evidence 117.12 (1) In any proceedings under this Act or any other Act of Parliament, a document purporting to be an authorization, a licence or a registration certificate is evidence of the statements contained therein. Certified copies (2) In any proceedings under this Act or any other Act of Parliament, a copy of any authorization, licence or registration certificate is, if certified as a true copy by the Registrar or a chief firearms officer, admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the authorization, licence or registration certificate would have had if it had been proved in the ordinary way. 1995, c. 39, s. 139
Criminal Code — C-46 117.13
Certificate of analyst 117.13 (1) A certificate purporting to be signed by an analyst stating that the analyst has analyzed any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or any part or component of such a thing, and stating the results of the analysis is evidence in any proceedings in relation to any of those things under this Act or under section 19 of the Export and Import Permits Act in relation to subsection 15(2) of that Act without proof of the signature or official character of the person appearing to have signed the certificate. Attendance of analyst (2) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice of intention to produce certificate (3) No certificate of an analyst may be admitted in evidence unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate. (4) and (5) [Repealed, 2008, c. 18, s. 2] 1995, c. 39, s. 139; 2008, c. 18, s. 2
Criminal Code — C-46 117.14
Amnesty period 117.14 (1) The Governor in Council may, by order, declare for any purpose referred to in subsection (2) any period as an amnesty period with respect to any weapon, prohibited device, prohibited ammunition, explosive substance or component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm. Purposes of amnesty period (2) An order made under subsection (1) may declare an amnesty period for the purpose of (a) permitting any person in possession of any thing to which the order relates to do anything provided in the order, including, without restricting the generality of the foregoing, delivering the thing to a peace officer, a firearms officer or a chief firearms officer, registering it, destroying it or otherwise disposing of it; or (b) permitting alterations to be made to any prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition to which the order relates so that it no longer qualifies as a prohibited firearm, a prohibited weapon, a prohibited device or prohibited ammunition, as the case may be. Reliance on amnesty period (3) No person who, during an amnesty period declared by an order made under subsection (1) and for a purpose described in the order, does anything provided for in the order, is, by reason only of the fact that the person did that thing, guilty of an offence under this Part. Proceedings are a nullity (4) Any proceedings taken under this Part against any person for anything done by the person in reliance of this section are a nullity. 1995, c. 39, s. 139
Criminal Code — C-46 117.15
Regulations 117.15 (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed. Restriction (2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes. (3) [Repealed, 2019, c. 9, s. 18] (4) [Repealed, 2019, c. 9, s. 18] 1995, c. 39, s. 139; 2015, c. 27, s. 34 2019, c. 9, s. 18
Criminal Code — C-46 118
Definitions 118 In this Part, evidence or statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not; ( témoignage , déposition ou déclaration ) government means (a) the Government of Canada, (b) the government of a province, or (c) Her Majesty in right of Canada or a province; ( gouvernement ) judicial proceeding means a proceeding (a) in or under the authority of a court of justice, (b) before the Senate or House of Commons or a committee of the Senate or House of Commons, or before a legislative council, legislative assembly or house of assembly or a committee thereof that is authorized by law to administer an oath, (c) before a court, judge, justice, provincial court judge or coroner, (d) before an arbitrator or umpire, or a person or body of persons authorized by law to make an inquiry and take evidence therein under oath, or (e) before a tribunal by which a legal right or legal liability may be established, whether or not the proceeding is invalid for want of jurisdiction or for any other reason; ( procédure judiciaire ) office includes (a) an office or appointment under the government, (b) a civil or military commission, and (c) a position or an employment in a public department; ( charge ou emploi ) official means a person who (a) holds an office, or (b) is appointed or elected to discharge a public duty; ( fonctionnaire ) witness means a person who gives evidence orally under oath or by affidavit in a judicial proceeding, whether or not he is competent to be a witness, and includes a child of tender years who gives evidence but does not give it under oath, because, in the opinion of the person presiding, the child does not understand the nature of an oath. ( témoin ) R.S., 1985, c. C-46, s. 118; R.S., 1985, c. 27 (1st Supp.), ss. 15, 203; 2007, c. 13, s. 2
Criminal Code — C-46
evidence or statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not; ( témoignage , déposition ou déclaration )
Criminal Code — C-46 (a)
government means (a) the Government of Canada, (b) the government of a province, or (c) Her Majesty in right of Canada or a province; ( gouvernement )
Criminal Code — C-46 (a)
judicial proceeding means a proceeding (a) in or under the authority of a court of justice, (b) before the Senate or House of Commons or a committee of the Senate or House of Commons, or before a legislative council, legislative assembly or house of assembly or a committee thereof that is authorized by law to administer an oath, (c) before a court, judge, justice, provincial court judge or coroner, (d) before an arbitrator or umpire, or a person or body of persons authorized by law to make an inquiry and take evidence therein under oath, or (e) before a tribunal by which a legal right or legal liability may be established, whether or not the proceeding is invalid for want of jurisdiction or for any other reason; ( procédure judiciaire )
Criminal Code — C-46 (a)
office includes (a) an office or appointment under the government, (b) a civil or military commission, and (c) a position or an employment in a public department; ( charge ou emploi )
Criminal Code — C-46 (a)
official means a person who (a) holds an office, or (b) is appointed or elected to discharge a public duty; ( fonctionnaire )
Criminal Code — C-46
witness means a person who gives evidence orally under oath or by affidavit in a judicial proceeding, whether or not he is competent to be a witness, and includes a child of tender years who gives evidence but does not give it under oath, because, in the opinion of the person presiding, the child does not understand the nature of an oath. ( témoin )
Criminal Code — C-46 119
Bribery of judicial officers, etc. 119 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who (a) being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by them in their official capacity, or (b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by that person in their official capacity. Consent of Attorney General (2) No proceedings against a person who holds a judicial office shall be instituted under this section without the consent in writing of the Attorney General of Canada. R.S., 1985, c. C-46, s. 119; 2007, c. 13, s. 3
Criminal Code — C-46 120
Bribery of officers 120 Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who (a) being a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment with intent (i) to interfere with the administration of justice, (ii) to procure or facilitate the commission of an offence, or (iii) to protect from detection or punishment a person who has committed or who intends to commit an offence; or (b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment with intent that the person should do anything mentioned in subparagraph (a)(i), (ii) or (iii). R.S., 1985, c. C-46, s. 120; 2007, c. 13, s. 4
Criminal Code — C-46 121
f candidates to Parliament or the legislature of a province; or (b) with intent to influence or affect in any way the result of an election conducted for the purpose of electing persons to serve in Parliament or the legislature of a province. Punishment (3) Every person who commits an offence under this section is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 121; 2007, c. 13, s. 5 2019, c. 25, s. 33
Criminal Code — C-46 121.1
Selling, etc., of tobacco products and raw leaf tobacco 121.1 (1) No person shall sell, offer for sale, transport, deliver, distribute or have in their possession for the purpose of sale a tobacco product, or raw leaf tobacco that is not packaged, unless it is stamped. The terms tobacco product , raw leaf tobacco , packaged and stamped have the same meanings as in section 2 of the Excise Act, 2001 . Exceptions — subsections 30(2) and 32(2) and (3) of Excise Act, 2001 (2) Subsection (1) does not apply in any of the circumstances described in any of subsections 30(2) and 32(2) and (3) of the Excise Act, 2001 . Exception — section 31 of Excise Act, 2001 (3) A tobacco grower does not contravene subsection (1) by reason only that they have in their possession raw leaf tobacco described in paragraph 31(a), (b) or (c) of the Excise Act, 2001 . Punishment (4) Every person who contravenes 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. (5) [Repealed, 2022, c. 15, s. 9] 2014, c. 23, s. 3 2019, c. 25, s. 34 2022, c. 15, s. 9
Criminal Code — C-46 122
Breach of trust by public officer 122 Every official who, in connection with the duties of their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person, is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 122 2019, c. 25, s. 35
Criminal Code — C-46 123
Municipal corruption 123 (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 directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official (a) to abstain from voting at a meeting of the municipal council or a committee of the council; (b) to vote in favour of or against a measure, motion or resolution; (c) to aid in procuring or preventing the adoption of a measure, motion or resolution; or (d) to perform or fail to perform an official act. Influencing municipal official (2) 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 influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by (a) suppression of the truth, in the case of a person who is under a duty to disclose the truth; (b) threats or deceit; or (c) any unlawful means. Definition of municipal official (3) In this section, municipal official means a member of a municipal council or a person who holds an office under a municipal government. R.S., 1985, c. C-46, s. 123; R.S., 1985, c. 27 (1st Supp.), s. 16; 2007, c. 13, s. 6 2019, c. 25, s. 36
Criminal Code — C-46 124
Selling or purchasing office 124 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 (a) purports to sell or agrees to sell an appointment to or a resignation from an office, or a consent to any such appointment or resignation, or receives or agrees to receive a reward or profit from the purported sale thereof, or (b) purports to purchase or gives a reward or profit for the purported purchase of any such appointment, resignation or consent, or agrees or promises to do so. R.S., 1985, c. C-46, s. 124 2019, c. 25, s. 37
Criminal Code — C-46 125
Influencing or negotiating appointments or dealing in offices 125 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 (a) receives, agrees to receive, gives or procures to be given, directly or indirectly, a reward, advantage or benefit of any kind as consideration for cooperation, assistance or exercise of influence to secure the appointment of any person to an office, (b) solicits, recommends or negotiates in any manner with respect to an appointment to or resignation from an office, in expectation of a direct or indirect reward, advantage or benefit, or (c) keeps without lawful authority a place for transacting or negotiating any business relating to (i) the filling of vacancies in offices, (ii) the sale or purchase of offices, or (iii) appointments to or resignations from offices. R.S., 1985, c. C-46, s. 125; 2018, c. 29, s. 7 2019, c. 25, s. 38
Criminal Code — C-46 126
Disobeying a statute 126 (1) Every person who, without lawful excuse, contravenes an Act of Parliament by intentionally doing anything that it forbids or by intentionally omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, 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. Attorney General of Canada may act (2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government. R.S., 1985, c. C-46, s. 126; R.S., 1985, c. 27 (1st Supp.), s. 185(F) 2019, c. 25, s. 39
Criminal Code — C-46 127
Disobeying order of court 127 (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. Attorney General of Canada may act (2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner. R.S., 1985, c. C-46, s. 127; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 2005, c. 32, s. 1
Criminal Code — C-46 128
Misconduct of officers executing process 128 Every peace officer or coroner 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, being entrusted with the execution of a process, intentionally (a) misconducts himself in the execution of the process, or (b) makes a false return to the process. R.S., 1985, c. C-46, s. 128 2019, c. 25, s. 40
Criminal Code — C-46 129
Offences relating to public or peace officer 129 Every one who (a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer, (b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or (c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, is guilty of (d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (e) an offence punishable on summary conviction. R.S., c. C-34, s. 118; 1972, c. 13, s. 7