GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 342
Theft, forgery, etc., of credit card 342 (1) Every person who (a) steals a credit card, (b) forges or falsifies a credit card, (c) possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered (i) by the commission in Canada of an offence, or (ii) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence, or (d) uses a credit card knowing that it has been revoked or cancelled, is guilty of (e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or (f) an offence punishable on summary conviction. Jurisdiction (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be commenced in that place without the consent of the Attorney General of that province. Unauthorized use of credit card data (3) Every person who, fraudulently and without colour of right, possesses, uses, traffics in or permits another person to use credit card data, including personal authentication information, whether or not the data is authentic, that would enable a person to use a credit card or to obtain the services that are provided by the issuer of a credit card to credit card holders is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction. Definitions (4) In this section, personal authentication information means a personal identification number or any other password or information that a credit card holder creates or adopts to be used to authenticate his or her identity in relation to the credit card; ( authentifiant personnel ) traffic means, in relation to a credit card or credit card data, to sell, export from or import into Canada, distribute or deal with in any other way.  ( trafic ) R.S., 1985, c. C-46, s. 342; R.S., 1985, c. 27 (1st Supp.), ss. 44, 185(F); 1997, c. 18, s. 16; 2009, c. 28, s. 4
Criminal Code — C-46
personal authentication information means a personal identification number or any other password or information that a credit card holder creates or adopts to be used to authenticate his or her identity in relation to the credit card; ( authentifiant personnel )
Criminal Code — C-46
traffic means, in relation to a credit card or credit card data, to sell, export from or import into Canada, distribute or deal with in any other way.  ( trafic )
Criminal Code — C-46 342.01
Instruments for copying credit card data or forging or falsifying credit cards 342.01 (1) 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, without lawful justification 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 (a) in the copying of credit card data for use in the commission of an offence under subsection 342(3); or (b) in the forging or falsifying of credit cards. Forfeiture (2) Where a person is convicted of an offence under subsection (1), any instrument, device, apparatus, material or thing in relation to which the offence was committed or the possession of which constituted the offence may, in addition to any other punishment that may be imposed, be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs. Limitation (3) No order of forfeiture may be made under subsection (2) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1). 1997, c. 18, s. 17; 2009, c. 28, s. 5
Criminal Code — C-46 342.1
Unauthorized use of computer 342.1 (1) Everyone 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, fraudulently and without colour of right, (a) obtains, directly or indirectly, any computer service; (b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system; (c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or under section 430 in relation to computer data or a computer system; or (d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c). Definitions (2) In this section, computer data means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system;  ( données informatiques ) computer password means any computer data by which a computer service or computer system is capable of being obtained or used; ( mot de passe ) computer program means computer data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function; ( programme d’ordinateur ) computer service includes data processing and the storage or retrieval of computer data; ( service d’ordinateur ) computer system means a device that, or a group of interconnected or related devices one or more of which, (a) contains computer programs or other computer data, and (b) by means of computer programs, (i) performs logic and control, and (ii) may perform any other function; ( ordinateur ) data [Repealed, 2014, c. 31, s. 16] electro-magnetic, acoustic, mechanical or other device means any device or apparatus that is used or is capable of being used to intercept any function of a computer system, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing; ( dispositif électromagnétique, acoustique, mécanique ou autre ) function includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system; ( fonction ) intercept includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof; ( intercepter ) traffic means, in respect of a computer password, to sell, export from or import into Canada, distribute or deal with in any other way. ( trafic ) R.S., 1985, c. 27 (1st Supp.), s. 45; 1997, c. 18, s. 18; 2014, c. 31, s. 16
Criminal Code — C-46
computer data means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system;  ( données informatiques )
Criminal Code — C-46
computer password means any computer data by which a computer service or computer system is capable of being obtained or used; ( mot de passe )
Criminal Code — C-46
computer program means computer data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function; ( programme d’ordinateur )
Criminal Code — C-46
computer service includes data processing and the storage or retrieval of computer data; ( service d’ordinateur )
Criminal Code — C-46 (a)
computer system means a device that, or a group of interconnected or related devices one or more of which, (a) contains computer programs or other computer data, and (b) by means of computer programs, (i) performs logic and control, and (ii) may perform any other function; ( ordinateur )
Criminal Code — C-46
electro-magnetic, acoustic, mechanical or other device means any device or apparatus that is used or is capable of being used to intercept any function of a computer system, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing; ( dispositif électromagnétique, acoustique, mécanique ou autre )
Criminal Code — C-46
function includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system; ( fonction )
Criminal Code — C-46
intercept includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof; ( intercepter )
Criminal Code — C-46
traffic means, in respect of a computer password, to sell, export from or import into Canada, distribute or deal with in any other way. ( trafic )
Criminal Code — C-46 342.2
Possession of device to obtain unauthorized use of computer system or to commit mischief 342.2 (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 commit an offence under section 342.1 or 430, knowing that the device has been used or is intended to be used to commit such an offence, 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), 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 of forfeiture may be made under subsection (2) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1). 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). 1997, c. 18, s. 19; 2014, c. 31, s. 17; 2018, c. 29, s. 34
Criminal Code — C-46 343
Robbery 343 Every one commits robbery who (a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property; (b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person; (c) assaults any person with intent to steal from him; or (d) steals from any person while armed with an offensive weapon or imitation thereof. R.S., c. C-34, s. 302
Criminal Code — C-46 344
Robbery 344 (1) Every person who commits robbery is guilty of an indictable offence and liable (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, five years, and (ii) in the case of a second or subsequent offence, seven years; (a.1) [Repealed, 2022, c. 15, s. 12] (b) in any other case, to imprisonment for life. Subsequent offences (2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under this section; (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1 or 346 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. Sequence of convictions only (3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. R.S., 1985, c. C-46, s. 344; 1995, c. 39, s. 149; 2008, c. 6, s. 32; 2009, c. 22, s. 14 2022, c. 15, s. 12
Criminal Code — C-46 345
Stopping mail with intent 345 Every one who stops a mail conveyance with intent to rob or search it is guilty of an indictable offence and liable to imprisonment for life. R.S., c. C-34, s. 304
Criminal Code — C-46 346
Extortion 346 (1) Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done. Extortion (1.1) Every person who commits extortion is guilty of an indictable offence and liable (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, five years, and (ii) in the case of a second or subsequent offence, seven years; (a.1) [Repealed, 2022, c. 15, s. 13] (b) in any other case, to imprisonment for life. Subsequent offences (1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under this section; (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1 or 344 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. Sequence of convictions only (1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. Saving (2) A threat to institute civil proceedings is not a threat for the purposes of this section. R.S., 1985, c. C-46, s. 346; R.S., 1985, c. 27 (1st Supp.), s. 46; 1995, c. 39, s. 150; 2008, c. 6, s. 33; 2009, c. 22, s. 15 2022, c. 15, s. 13
Criminal Code — C-46 347
he shall, in the absence of evidence to the contrary, be deemed to have knowledge of the nature of the payment and that it was received at a criminal rate. Proof of annual percentage rate (4) In any proceedings under this section, a certificate of a Fellow of the Canadian Institute of Actuaries stating that they have calculated the annual percentage rate of interest on any credit advanced and setting out the calculations and the information on which they are based is, in the absence of evidence to the contrary, proof of the annual percentage rate of interest without proof of the signature or official character of the person appearing to have signed the certificate. Notice (5) A certificate referred to in subsection (4) shall not be received in evidence unless the party intending to produce it has given to the accused or defendant reasonable notice of that intention together with a copy of the certificate. Cross-examination with leave (6) An accused or a defendant against whom a certificate referred to in subsection (4) is produced may, with leave of the court, require the attendance of the actuary for the purposes of cross-examination. (7) [Repealed, 2024, c. 17, s. 336] Application (8) This section does not apply to any transaction to which the Tax Rebate Discounting Act applies. R.S., 1985, c. C-46, s. 347; 1992, c. 1, s. 60(F); 2007, c. 9, s. 1 2019, c. 25, s. 127 2023, c. 26, s. 610 2024, c. 17, s. 336
Criminal Code — C-46
credit advanced means the aggregate of the money and the monetary value of any goods, services or benefits actually advanced or to be advanced under an agreement or arrangement, or that would be advanced if an agreement or arrangement — as offered, including in an advertisement — was entered into, minus the aggregate of any required deposit balance and any fee, fine, penalty, commission and other similar charge or expense directly or indirectly incurred under the original or any collateral agreement or arrangement; ( capital prêté )
Criminal Code — C-46
criminal rate means an annual percentage rate of interest calculated in accordance with generally accepted actuarial practices and principles that exceeds 35 per cent on the credit advanced; ( taux criminel )
Criminal Code — C-46
insurance charge means the cost of insuring the risk assumed by the person who advances or is to advance credit under an agreement or arrangement, where the face amount of the insurance does not exceed the credit advanced; ( frais d’assurance )
Criminal Code — C-46
interest means the aggregate of all charges and expenses, whether in the form of a fee, fine, penalty, commission or other similar charge or expense or in any other form, paid or payable for the advancing of credit under an agreement or arrangement, or that would be paid or payable if such an agreement or arrangement was entered into, by or on behalf of the person to whom the credit is or is to be advanced, or would be advanced, irrespective of the person to whom any such charges and expenses are or are to be paid or payable, or would be paid or payable, but does not include any repayment of credit advanced or any insurance charge, official fee, overdraft charge, required deposit balance or, in the case of a mortgage or hypothec transaction, any amount required to be paid on account of property taxes; ( intérêt )
Criminal Code — C-46
official fee means a fee required by law to be paid to any governmental authority in connection with perfecting any security under an agreement or arrangement for the advancing of credit; ( taxe officielle )
Criminal Code — C-46
overdraft charge means a charge not exceeding five dollars for the creation of or increase in an overdraft, imposed by a credit union or caisse populaire the membership of which is wholly or substantially comprised of natural persons or a deposit taking institution the deposits in which are insured, in whole or in part, by the Canada Deposit Insurance Corporation or guaranteed, in whole or in part, by the Quebec Deposit Insurance Board; ( frais pour découvert de compte )
Criminal Code — C-46
required deposit balance means a fixed or an ascertainable amount of the money actually advanced or to be advanced under an agreement or arrangement that is required, as a condition of the agreement or arrangement, to be deposited or invested by or on behalf of the person to whom the advance is or is to be made and that may be available, in the event of his defaulting in any payment, to or for the benefit of the person who advances or is to advance the money. ( dépôt de garantie )
Criminal Code — C-46 347.01
Non-application — agreements or arrangements 347.01 (1) Section 347 does not apply in respect of agreements or arrangements provided for by regulation or in respect of offers, or advertisements of offers, provided for by regulation, to enter into an agreement or arrangement. Non-application — offers and advertisements (2) Section 347 also does not apply in respect of offers, or advertisements of offers, to enter into an agreement or arrangement if, had the agreement or arrangement been entered into, it would have been considered to be provided for by regulation. Regulations (3) The Governor in Council may, by regulation, on the recommendation of the Minister of Justice after consultation with the Minister of Finance, provide for (a) the types of agreements or arrangements in respect of which section 347 does not apply or the criteria for determining the agreements or arrangements, or the types of agreements or arrangements, in respect of which that section does not apply; or (b) the types of offers, or of advertisements of offers, to enter into an agreement or arrangement in respect of which section 347 does not apply or the criteria for determining the offers, or advertisements, or the types of offers, or of advertisements, in respect of which that section does not apply. 2023, c. 26, s. 611 2024, c. 17, s. 338
Criminal Code — C-46 347.1
Definitions 347.1 (1) The following definitions apply in subsection (2). interest has the same meaning as in subsection 347(2). ( intérêts ) 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 ) Non-application — person (2) Section 347 and section 2 of the Interest Act do not apply to a person, other than a financial institution within the meaning of paragraphs (a) to (d) of the definition financial institution in section 2 of the Bank Act , who has entered into or has offered to enter into a payday loan agreement to receive interest, has advertised an offer to enter into a payday loan agreement that provides for the receipt of interest or has received interest under a payday loan agreement, if (a) the amount of money that is or would be advanced under the agreement is $1,500 or less and the term of the agreement is or would be 62 days or less; (a.1) the total cost of borrowing under the agreement does not or would not exceed the limit fixed by regulation; (b) the person is licensed or otherwise specifically authorized under the laws of a province to enter into the agreement; and (c) the province is designated under subsection (3). Regulation — limit (2.1) For the purposes of paragraph (2)(a.1), the Governor in Council may, by regulation, on the recommendation of the Minister of Justice and after that Minister’s consultation with the Minister of Finance, fix the limit. Clarification (2.2) If section 347 does not apply to a person by reason of subsection (2) immediately before a regulation made under subsection (2.1) comes into force, that section continues not to apply to the person if the total cost of borrowing under the agreement did not exceed the limit that applied immediately before the regulation came into force. Designation of province (3) The Governor in Council shall, by order and at the request of the lieutenant governor in council of a province, designate the province for the purposes of this section if the province has legislative measures that protect recipients of payday loans and that provide for limits on the total cost of borrowing under the agreements. Revocation (4) The Governor in Council shall, by order, revoke the designation made under subsection (3) if requested to do so by the lieutenant governor in council of the province or if the legislative measures described in that subsection are no longer in force in that province. 2007, c. 9, s. 2 2023, c. 26, s. 612 2024, c. 17, s. 337 2024, c. 17, s. 338
Criminal Code — C-46
interest has the same meaning as in subsection 347(2). ( intérêts )