Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2020-07-28 and last amended on 2020-07-01. Previous Versions

PART XFraudulent Transactions Relating to Contracts and Trade (continued)

Fraud (continued)

Marginal note:Fraudulent concealment of title documents

  •  (1) 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, mortgagor or hypothecary debtor of property or a chose in action or an incorporeal right or being a lawyer or notary for or agent or mandatary of a vendor, mortgagor or hypothecary debtor of property, a chose in action or incorporeal right, is served with a written demand for an abstract of title by or on behalf of the purchaser, mortgagee or hypothecary creditor before the completion of the purchase, mortgage or hypothec, and who

    • (a) with intent to defraud and for the purpose of inducing the purchaser, mortgagee or hypothecary creditor to accept the title offered or produced to them, conceals from them any settlement, deed, will or other instrument or act material to the title, or any encumbrance on the title, or

    • (b) falsifies any pedigree on which the title depends.

  • Marginal note:Consent required

    (2) No proceedings shall be instituted under this section without the consent of the Attorney General.

  • R.S., 1985, c. C-46, s. 385
  • 2019, c. 25, s. 142

Marginal note: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 or mandatary in a proceeding to register title to real property or immovable property, or in a transaction relating to real property or immovable property that is or is proposed to be registered, knowingly and with intent to deceive,

  • (a) makes a material false statement or representation,

  • (b) suppresses or conceals from a judge or registrar, or any person employed by or assisting the registrar, any material document, fact, matter or information, or

  • (c) is privy to anything mentioned in paragraph (a) or (b).

  • R.S., 1985, c. C-46, s. 386
  • 2019, c. 25, s. 143

Marginal note: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 part of it is 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.

  • R.S., 1985, c. C-46, s. 387
  • 2019, c. 25, s. 144

Marginal note: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,

  • (a) with intent to mislead, injure or defraud any person, whether or not that person is known to him, gives to a person anything in writing that purports to be a receipt for or an acknowledgment of property that has been delivered to or received by him, before the property referred to in the purported receipt or acknowledgment has been delivered to or received by him, or

  • (b) accepts, transmits or uses a purported receipt or acknowledgment to which paragraph (a) applies.

  • R.S., 1985, c. C-46, s. 388
  • 2019, c. 25, s. 145

Marginal note:Fraudulent disposal of goods on which money advanced

  •  (1) 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) having shipped or delivered to the keeper of a warehouse or to a factor, an agent or a carrier anything on which the consignee thereof has advanced money or has given valuable security, thereafter, with intent to deceive, defraud or injure the consignee, disposes of it in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, or

    • (b) knowingly and wilfully aids or assists any person to make a disposition of anything to which paragraph (a) applies for the purpose of deceiving, defrauding or injuring the consignee.

  • Marginal note:Saving

    (2) No person is guilty of an offence under this section where, before disposing of anything in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, he pays or tenders to the consignee the full amount of money or valuable security that the consignee has advanced.

  • R.S., 1985, c. C-46, s. 389
  • 2019, c. 25, s. 146

Marginal note: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

  • (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

Marginal note:Trade secret

  •  (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.

  • Marginal note: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).

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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

Marginal note: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,

  • (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

Marginal note:Fraud in relation to fares, etc.

  •  (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.

  • Marginal note: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.

  • Marginal note: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
 
Date modified: