Criminal Code (R.S.C., 1985, c. C-46)

Marginal note: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.

• Marginal note: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.

• Marginal note: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).

Marginal note: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).

• Marginal note:Definitions

  (2) In this section,

  computer data

  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

  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

  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

  computer service includes data processing and the storage or retrieval of computer data; (service d’ordinateur)

  computer system

  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

  data[Repealed, 2014, c. 31, s. 16]

  electro-magnetic, acoustic, mechanical or other device

  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

  function includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system; (fonction)

  intercept

  intercept includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof; (intercepter)

  traffic

  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)

Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• Marginal note: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).

Robbery and Extortion

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Saving

  (2) A threat to institute civil proceedings is not a threat for the purposes of this section.

Criminal Interest Rate

Marginal note:Criminal interest rate

• 347 (1) Despite any other Act of Parliament, every one who enters into an agreement or arrangement to receive interest at a criminal rate, or receives a payment or partial payment of interest at a criminal rate, is

  • (a) guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

  • (b) guilty of an offence punishable on summary conviction and liable to a fine of not more than $25,000 or to imprisonment for a term of not more than two years less a day, or to both.

• Marginal note:Definitions

  (2) In this section,

  credit advanced

  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 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 rate

  criminal rate means an effective annual rate of interest calculated in accordance with generally accepted actuarial practices and principles that exceeds sixty per cent on the credit advanced under an agreement or arrangement; (taux criminel)

  insurance charge

  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)

  interest

  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, by or on behalf of the person to whom the credit is or is to be advanced, irrespective of the person to whom any such charges and expenses are or are to 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 transaction, any amount required to be paid on account of property taxes; (intérêt)

  official fee

  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)

  overdraft charge

  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)

  required deposit balance

  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)

• Marginal note:Presumption

  (3) Where a person receives a payment or partial payment of interest at a criminal rate, 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.

• Marginal note:Proof of effective annual rate

  (4) In any proceedings under this section, a certificate of a Fellow of the Canadian Institute of Actuaries stating that he has calculated the effective annual rate of interest on any credit advanced under an agreement or arrangement 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 effective annual rate without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note: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.

• Marginal note: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]

• Marginal note:Application

  (8) This section does not apply to any transaction to which the Tax Rebate Discounting Act applies.