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Criminal Code

Sections and provisions with full text and the judgments that cite each one.

Section 358 — Having in possession when complete

For the purposes of sections 342 and 354 and paragraph 356(1)(b), the offence of having in possession is complete when a person has, alone or jointly with another person, possession of or control…

Repealed

Section 359

[Repealed, 2018, c. 29, s. 40]

Repealed

Section 360

[Repealed, 2018, c. 29, s. 40]

Section 361 — False pretence

A false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent…

Section 362 — False pretence or false statement

Every one commits an offence who by a false pretence, whether directly or through the medium of a contract obtained by a false pretence, obtains anything in respect of which the offence of theft may…

Section 363 — Obtaining execution of valuable security by fraud

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…

Section 364 — Fraudulently obtaining food, beverage or accommodation

Every one who fraudulently obtains food, a beverage or accommodation at any place that is in the business of providing those things is guilty of an offence punishable on summary conviction. In…

Repealed

Section 365

[Repealed, 2018, c. 29, s. 41]

Section 366 — Forgery

Every one commits forgery who makes a false document, knowing it to be false, with intent that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada…

Section 367 — Punishment for forgery

Every one who commits forgery is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or is guilty of an offence punishable on summary conviction.

Section 368 — Use, trafficking or possession of forged document

Everyone commits an offence who, knowing or believing that a document is forged, uses, deals with or acts on it as if it were genuine; causes or attempts to cause any person to use, deal with or act…

Section 368.1 — Forgery instruments

Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, or is guilty of an offence punishable on summary conviction, who, without lawful authority…

Section 368.2 — Public officers acting in the course of their duties or employment

No public officer, as defined in subsection 25.1(1), is guilty of an offence under any of sections 366 to 368.1 if the acts alleged to constitute the offence were committed by the public officer for…

Section 369 — Exchequer bill paper, public seals, etc.

Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful authority or excuse, makes, uses or possesses any exchequer bill paper,…

Repealed

Section 370

[Repealed, 2018, c. 29, s. 42]

Repealed

Section 371

[Repealed, 2018, c. 29, s. 42]

Section 372 — False information

Everyone commits an offence who, with intent to injure or alarm a person, conveys information that they know is false, or causes such information to be conveyed by letter or any means of…

Repealed

Section 373

[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 53]

Section 374 — Drawing document without authority, etc.

Every one who with intent to defraud and without lawful authority makes, executes, draws, signs, accepts or endorses a document in the name or on the account of another person by procuration or…

Section 375 — Obtaining, etc., by instrument based on forged document

Every one who demands, receives or obtains anything, or causes or procures anything to be delivered or paid to any person under, on or by virtue of any instrument issued under the authority of law,…

Section 376 — Counterfeiting stamp, etc.

Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who fraudulently uses, mutilates, affixes, removes or counterfeits a stamp or part…

Section 377 — Damaging documents

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 unlawfully destroys,…

Section 378 — Offences in relation to registers

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 authorized or…

Section 379 — Definition of goods

In this Part, goods means anything that is the subject of trade or commerce.

Section 380 — Fraud

Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of…

Section 380.1 — Sentencing — aggravating circumstances

Without limiting the generality of section 718.2, where a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it shall consider the following as aggravating…

Section 380.2 — Prohibition order

When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection 380(1), the court that sentences or…

Repealed

Section 380.3

[Repealed, 2015, c. 13, s. 11]

Repealed

Section 380.4

[Repealed, 2015, c. 13, s. 11]

Section 381 — Using mails to defraud

Every person who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose…

Section 382 — Fraudulent manipulation of stock exchange transactions

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, through the facility…

Section 382.1 — Prohibited insider trading

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, directly or…

Section 383 — Gaming in stocks or merchandise

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 make…

Section 384 — Broker reducing stock by selling for their own account

Every person commits an offence who, being an individual, or a member or employee of a partnership, or a director, officer or employee of a corporation, if they or the partnership or corporation is…

Section 385 — Fraudulent concealment of title documents

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, being a vendor,…

Section 386 — Fraudulent registration of title

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, as principal, agent…

Section 387 — Fraudulent sale of real property

Every person who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, lien or encumbrance of or on real property, fraudulently sells the property or any…

Section 388 — Misleading receipt

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 knowingly, with intent…

Section 389 — Fraudulent disposal of goods on which money advanced

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 having shipped or…

Section 390 — Fraudulent receipts under Bank Act

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 knowingly makes a…

Section 391 — Trade secret

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. Everyone commits an offence who…

Section 392 — Disposal of property to defraud creditors

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, with intent to…

Section 393 — Fraud in relation to fares, etc.

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…

Section 394 — Fraud in relation to valuable minerals

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 by a…

Section 394.1 — Possession of stolen or fraudulently obtained valuable minerals

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. Reasonable grounds to…

Section 395 — Search for valuable minerals

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…

Section 396 — Offences in relation to mines

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 adds anything to or…

Section 397 — Books and documents

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…

Section 398 — Falsifying employment record

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.

Section 399 — False return by public officer

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…