GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 390
Fraudulent receipts under Bank Act 390 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) knowingly makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act ; or (b) knowingly, after either giving to another person or after a person employed by them has, to their knowledge, given to another person, or after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act , without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment. R.S., 1985, c. C-46, s. 390 2019, c. 25, s. 147
Criminal Code — C-46 391
Trade secret 391 (1) Everyone commits an offence who, by deceit, falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret. Trade secret — prior knowledge (2) Everyone commits an offence who knowingly obtains a trade secret or communicates or makes available a trade secret knowing that it was obtained by the commission of an offence under subsection (1). Punishment (3) Everyone who commits an offence referred to in subsection (1) or (2) is guilty (a) of an indictable offence and is liable to imprisonment for a term not exceeding 14 years; or (b) of an offence punishable on summary conviction. For greater certainty (4) For greater certainty, no person commits an offence under subsection (1) or (2) if the trade secret was obtained by independent development or by reason only of reverse engineering. Definition of trade secret (5) For the purpose of this section, trade secret means any information that (a) is not generally known in the trade or business that uses or may use that information; (b) has economic value from not being generally known; and (c) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. R.S., 1985, c. C-46, s. 391; 2003, c. 21, s. 6 2020, c. 1, s. 37
Criminal Code — C-46 392
Disposal of property to defraud creditors 392 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) with intent to defraud his creditors, (i) makes or causes to be made any gift, conveyance, assignment, sale, transfer or delivery of his property, or (ii) removes, conceals or disposes of any of his property, or (b) with intent that any one should defraud his creditors, receives any property by means of or in relation to which an offence has been committed under paragraph (a). R.S., 1985, c. C-46, s. 392 2019, c. 25, s. 148
Criminal Code — C-46 393
Fraud in relation to fares, etc. 393 (1) Every person whose duty it is to collect a fare, toll, ticket or admission and who intentionally does any of the following 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: (a) fails to collect it, (b) collects less than the proper amount payable in respect thereof, or (c) accepts any valuable consideration for failing to collect it or for collecting less than the proper amount payable in respect thereof. Idem (2) 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 gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration (a) for failing to collect it, or (b) for collecting an amount less than the amount payable in respect thereof. Fraudulently obtaining transportation (3) Every one who, by any false pretence or fraud, unlawfully obtains transportation by land, water or air is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 393 2019, c. 25, s. 149
Criminal Code — C-46 394
Fraud in relation to valuable minerals 394 (1) No person who is the holder of a lease or licence issued under an Act relating to the mining of valuable minerals, or by the owner of land that is supposed to contain valuable minerals, shall (a) by a fraudulent device or contrivance, defraud or attempt to defraud any person of (i) any valuable minerals obtained under or reserved by the lease or licence, or (ii) any money or valuable interest or thing payable in respect of valuable minerals obtained or rights reserved by the lease or licence; or (b) fraudulently conceal or make a false statement with respect to the amount of valuable minerals obtained under the lease or licence. Sale of valuable minerals (2) No person, other than the owner or the owner’s agent or someone otherwise acting under lawful authority, shall sell any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed. Purchase of valuable minerals (3) No person shall buy any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed from anyone who the person has reason to believe is not the owner or the owner’s agent or someone otherwise acting under lawful authority. Presumption (4) In any proceeding in relation to subsection (2) or (3), in the absence of evidence raising a reasonable doubt to the contrary, it is presumed that (a) in the case of a sale, the seller is not the owner of the valuable mineral or the owner’s agent or someone otherwise acting under lawful authority; and (b) in the case of a purchase, the purchaser, when buying the valuable mineral, had reason to believe that the seller was not the owner of the mineral or the owner’s agent or someone otherwise acting under lawful authority. Offence (5) A person who contravenes subsection (1), (2) or (3) 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. Forfeiture (6) If a person is convicted of an offence under this section, the court may order anything by means of or in relation to which the offence was committed, on such conviction, to be forfeited to Her Majesty. Exception (7) Subsection (6) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this section. R.S., 1985, c. C-46, s. 394; R.S., 1985, c. 27 (1st Supp.), s. 186; 1999, c. 5, s. 10 2019, c. 25, s. 150
Criminal Code — C-46 394.1
Possession of stolen or fraudulently obtained valuable minerals 394.1 (1) No person shall possess any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed that has been stolen or dealt with contrary to section 394. Evidence (2) Reasonable grounds to believe that the valuable mineral has been stolen or dealt with contrary to section 394 are, in the absence of evidence raising a reasonable doubt to the contrary, proof that the valuable mineral has been stolen or dealt with contrary to section 394. Offence (3) A person who contravenes subsection (1) 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. Forfeiture (4) If a person is convicted of an offence under this section, the court may, on that conviction, order that anything by means of or in relation to which the offence was committed be forfeited to Her Majesty. Exception (5) Subsection (4) does not apply to real property, other than real property built or significantly modified for the purpose of facilitating the commission of an offence under subsection (3). 1999, c. 5, s. 10 2019, c. 25, s. 151
Criminal Code — C-46 395
Search for valuable minerals 395 (1) If an information in writing is laid under oath before a justice by a peace officer or by a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and the justice is satisfied that there are reasonable grounds to believe that, contrary to this Act or any other Act of Parliament, any valuable mineral is deposited in a place or held by a person, the justice may issue a warrant authorizing a peace officer or a public officer, if the public officer is named in it, to search any of the places or persons mentioned in the information. Execution in Canada (1.1) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed. Power to seize (2) If, on search, anything mentioned in subsection (1) is found, it shall be seized and brought before a justice of the province in which the warrant was issued who has jurisdiction in the matter, and the justice shall order (a) that it be detained for the purposes of an inquiry or a trial; or (b) if it is not detained for the purposes of an inquiry or a trial, (i) that it be restored to the owner, or (ii) that it be forfeited to Her Majesty in right of the province in which the proceedings take place if the owner cannot be ascertained. Appeal (3) An appeal lies from an order made under paragraph (2)(b) in the manner in which an appeal lies in summary conviction proceedings under Part XXVII and the provisions of that Part relating to appeals apply to appeals under this subsection. R.S., 1985, c. C-46, s. 395; 1999, c. 5, s. 11 2019, c. 25, s. 152 2022, c. 17, s. 11
Criminal Code — C-46 396
Offences in relation to mines 396 (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 (a) adds anything to or removes anything from any existing or prospective mine, mining claim or oil well with a fraudulent intent to affect the result of an assay, a test or a valuation that has been made or is to be made with respect to the mine, mining claim or oil well, or (b) adds anything to, removes anything from or tampers with a sample or material that has been taken or is being or is about to be taken from any existing or prospective mine, mining claim or oil well for the purpose of being assayed, tested or otherwise valued, with a fraudulent intent to affect the result of the assay, test or valuation. Presumption (2) For the purposes of proceedings under subsection (1), evidence that (a) something has been added to or removed from anything to which subsection (1) applies, or (b) anything to which subsection (1) applies has been tampered with, is, in the absence of any evidence to the contrary, proof of a fraudulent intent to affect the result of an assay, a test or a valuation. R.S., 1985, c. C-46, s. 396 2019, c. 25, s. 153
Criminal Code — C-46 397
Books and documents 397 (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, with intent to defraud, (a) destroys, mutilates, alters, falsifies or makes a false entry in a book, paper, writing, valuable security or document, or (b) omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document. Privy (2) Every person who, with intent to defraud their creditors, is privy to the commission of an offence under subsection (1) 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. 397 2019, c. 25, s. 154
Criminal Code — C-46 398
Falsifying employment record 398 Every one who, with intent to deceive, falsifies an employment record by any means, including the punching of a time clock, is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 398; 1992, c. 1, s. 60(F)
Criminal Code — C-46 399
False return by public officer 399 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, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of (a) any sum of money collected by him or entrusted to his care, or (b) any balance of money in his hands or under his control. R.S., 1985, c. C-46, s. 399 2019, c. 25, s. 155
Criminal Code — C-46 400
False prospectus, etc. 400 (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 makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that they know is false in a material particular, with intent (a) to induce persons, whether ascertained or not, to become shareholders or partners in a company, (b) to deceive or defraud the members, shareholders or creditors, whether ascertained or not, of a company, or (c) to induce any person to (i) entrust or advance anything to a company, or (ii) enter into any security for the benefit of a company. (d) [Repealed, 1994, c. 44, s. 26] Definition of company (2) In this section, company means a syndicate, body corporate or company, whether existing or proposed to be created. R.S., 1985, c. C-46, s. 400; 1994, c. 44, s. 26 2019, c. 25, s. 156
Criminal Code — C-46 401
Obtaining carriage by false billing 401 (1) Every one who, by means of a false or misleading representation, knowingly obtains or attempts to obtain the carriage of anything by any person into a country, province, district or other place, whether or not within Canada, where the importation or transportation of it is, in the circumstances of the case, unlawful is guilty of an offence punishable on summary conviction. Forfeiture (2) Where a person is convicted of an offence under subsection (1), anything by means of or in relation to which the offence was committed, on such conviction, in addition to any punishment that is imposed, is forfeited to Her Majesty and shall be disposed of as the court may direct. R.S., c. C-34, s. 359
Criminal Code — C-46 402.1
Definition of identity information 402.1 For the purposes of sections 402.2 and 403, identity information means any information — including biological or physiological information — of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including a fingerprint, voice print, retina image, iris image, DNA profile, name, address, date of birth, written signature, electronic signature, digital signature, user name, credit card number, debit card number, financial institution account number, passport number, Social Insurance Number, health insurance number, driver’s licence number or password. 2009, c. 28, s. 10
Criminal Code — C-46 402.2
Identity theft 402.2 (1) Every person commits an offence who obtains or possesses another person’s identity information with intent to use it to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence. Trafficking in identity information (2) Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person’s identity information, or has it in their possession for any of those purposes, knowing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence. Clarification (3) For the purposes of subsections (1) and (2), an indictable offence referred to in either of those subsections includes an offence under any of the following sections: (a) section 57 (forgery of or uttering forged passport); (b) section 58 (fraudulent use of certificate of citizenship); (c) section 130 (personating peace officer); (d) section 131 (perjury); (e) section 342 (theft, forgery, etc., of credit card); (f) section 362 (false pretence or false statement); (g) section 366 (forgery); (h) section 368 (use, trafficking or possession of forged document); (i) section 380 (fraud); and (j) section 403 (identity fraud). Jurisdiction (4) An accused who is charged with an offence under subsection (1) or (2) 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. However, no proceeding in respect of the offence shall be commenced in a province without the consent of the Attorney General of that province if the offence is alleged to have been committed outside that province. Punishment (5) Everyone who commits an offence under subsection (1) or (2) (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. 2009, c. 28, s. 10; 2018, c. 29, s. 45
Criminal Code — C-46 403
Identity fraud 403 (1) Everyone commits an offence who fraudulently personates another person, living or dead, (a) with intent to gain advantage for themselves or another person; (b) with intent to obtain any property or an interest in any property; (c) with intent to cause disadvantage to the person being personated or another person; or (d) with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice. Clarification (2) For the purposes of subsection (1), personating a person includes pretending to be the person or using the person’s identity information — whether by itself or in combination with identity information pertaining to any person — as if it pertains to the person using it. 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. 403; 1994, c. 44, s. 27; 2009, c. 28, s. 10
Criminal Code — C-46 405
Acknowledging instrument in false name 405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act 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. 405; 2018, c. 29, s. 46 2019, c. 25, s. 157
Criminal Code — C-46 406
Forging trademark 406 For the purposes of this Part, every one forges a trademark who (a) without the consent of the proprietor of the trademark, makes or reproduces in any manner that trademark or a mark so nearly resembling it as to be calculated to deceive; or (b) falsifies, in any manner, a genuine trademark. R.S., 1985, c. C-46, s. 406 2014, c. 20, s. 366(E)
Criminal Code — C-46 407
Offence 407 Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, forges a trademark. R.S., 1985, c. C-46, s. 407 2014, c. 20, s. 366(E)
Criminal Code — C-46 408
Passing off 408 Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, (a) passes off other wares or services as and for those ordered or required; or (b) makes use, in association with wares or services, of any description that is false in a material respect regarding (i) the kind, quality, quantity or composition, (ii) the geographical origin, or (iii) the mode of the manufacture, production or performance of those wares or services. R.S., 1985, c. C-46, s. 408; 1992, c. 1, s. 60(F)
Criminal Code — C-46 409
Instruments for forging trademark 409 (1) Every one commits an offence who makes, has in his possession or disposes of a die, block, machine or other instrument designed or intended to be used in forging a trademark. Saving (2) No person shall be convicted of an offence under this section where he proves that he acted in good faith in the ordinary course of his business or employment. R.S., 1985, c. C-46, s. 409 2014, c. 20, s. 366(E)
Criminal Code — C-46 410
Other offences in relation to trademarks 410 Every one commits an offence who, with intent to deceive or defraud, (a) defaces, conceals or removes a trademark or the name of another person from anything without the consent of that other person; or (b) being a manufacturer, dealer, trader or bottler, fills any bottle or siphon that bears the trademark or name of another person, without the consent of that other person, with a beverage, milk, by-product of milk or other liquid commodity for the purpose of sale or traffic. R.S., 1985, c. C-46, s. 410 2014, c. 20, s. 366(E)
Criminal Code — C-46 411
Used goods sold without disclosure 411 Every one commits an offence who sells, exposes or has in his possession for sale, or advertises for sale, goods that have been used, reconditioned or remade and that bear the trademark or the trade-name of another person, without making full disclosure that the goods have been reconditioned, rebuilt or remade for sale and that they are not then in the condition in which they were originally made or produced. R.S., 1985, c. C-46, s. 411 2014, c. 20, s. 366(E)
Criminal Code — C-46 412
Punishment 412 (1) Every one who commits an offence under section 407, 408, 409, 410 or 411 is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. Forfeiture (2) Anything by means of or in relation to which a person commits an offence under section 407, 408, 409, 410 or 411 is, unless the court otherwise orders, forfeited on the conviction of that person for that offence. R.S., c. C-34, s. 370
Criminal Code — C-46 414
Presumption from port of shipment 414 Where, in proceedings under this Part, the alleged offence relates to imported goods, evidence that the goods were shipped to Canada from a place outside Canada is, in the absence of any evidence to the contrary, proof that the goods were made or produced in the country from which they were shipped. R.S., c. C-34, s. 372
Criminal Code — C-46 415
Offences in relation to wreck 415 Every one who (a) secretes wreck, defaces or obliterates the marks on wreck or uses any means to disguise or conceal the fact that anything is wreck, or in any manner conceals the character of wreck, from a person who is entitled to inquire into the wreck, (b) receives wreck, knowing that it is wreck, from a person other than the owner thereof or a receiver of wreck, and does not within forty-eight hours thereafter inform the receiver of wreck thereof, (c) offers wreck for sale or otherwise deals with it, knowing that it is wreck, and not having a lawful authority to sell or deal with it, (d) keeps wreck in his possession knowing that it is wreck, without lawful authority to keep it, for any time longer than the time reasonably necessary to deliver it to the receiver of wreck, or (e) boards, against the will of the master, a vessel that is wrecked, stranded or in distress unless he is a receiver of wreck or a person acting under orders of a receiver of wreck, is guilty of (f) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (g) an offence punishable on summary conviction. R.S., c. C-34, s. 373