Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Conveying instruments for coining out of mint

459 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse, knowingly conveys out of any of Her Majesty’s mints in Canada,

• (a) any machine, engine, tool, instrument, material or thing used or employed in connection with the manufacture of coins,

• (b) a useful part of anything mentioned in paragraph (a), or

• (c) coin, bullion, metal or a mixture of metals.

Advertising and Trafficking in Counterfeit Money or Counterfeit Tokens of Value

Marginal note:Advertising and dealing in counterfeit money, etc.

• 460 (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

  • (a) by an advertisement or any other writing, offers to sell, procure or dispose of counterfeit money or counterfeit tokens of value or to give information with respect to the manner in which or the means by which counterfeit money or counterfeit tokens of value may be sold, procured or disposed of, or

  • (b) purchases, obtains, negotiates or otherwise deals with counterfeit tokens of value, or offers to negotiate with a view to purchasing or obtaining them.

• Marginal note:Fraudulent use of money genuine but valueless

  (2) No person shall be convicted of an offence under subsection (1) in respect of genuine coin or genuine paper money that has no value as money unless, at the time when the offence is alleged to have been committed, he knew that the coin or paper money had no value as money and he had a fraudulent intent in his dealings with or with respect to the coin or paper money.

Special Provisions as to Proof

Marginal note:When counterfeit complete

• 461 (1) Every offence relating to counterfeit money or counterfeit tokens of value shall be deemed to be complete notwithstanding that the money or tokens of value in respect of which the proceedings are taken are not finished or perfected or do not copy exactly the money or tokens of value that they are apparently intended to resemble or for which they are apparently intended to pass.

• Marginal note:Certificate of examiner of counterfeit

  (2) In any proceedings under this Part, a certificate signed by a person designated as an examiner of counterfeit by the Minister of Public Safety and Emergency Preparedness, stating that any coin, paper money or bank-note described therein is counterfeit money or that any coin, paper money or bank-note described therein is genuine and is or is not, as the case may be, current in Canada or elsewhere, is evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note:Notice of intention to produce certificate

  (3) No certificate shall be received in evidence unless the party intending to produce it has, before the trial, given to the other party reasonable notice of their intention and a copy of the certificate.

• Marginal note:Attendance and cross-examination

  (4) A party against whom the certificate is produced may, with leave of the court, require the attendance of the person who signed the certificate for the purposes of cross-examination.

Forfeiture

Marginal note:Ownership

• 462 (1) Counterfeit money, counterfeit tokens of value and anything that is used or is intended to be used to make counterfeit money or counterfeit tokens of value belong to Her Majesty.

• Marginal note:Seizure

  (2) A peace officer may seize and detain

  • (a) counterfeit money,

  • (b) counterfeit tokens of value, and

  • (c) machines, engines, tools, instruments, materials or things that have been used or that have been adapted and are intended for use in making counterfeit money or counterfeit tokens of value,

  and anything seized shall be sent to the Minister of Finance to be disposed of or dealt with as he may direct, but anything that is required as evidence in any proceedings shall not be sent to the Minister until it is no longer required in those proceedings.

PART XII.1[Repealed, 2018, c. 16, s. 211]

462.1 [Repealed, 2018, c. 16, s. 211]

462.2 [Repealed, 2018, c. 16, s. 211]

PART XII.2Proceeds of Crime

Interpretation

Marginal note:Definitions

• 462.3 (1) In this Part,

  designated drug offence

  designated drug offence[Repealed, 1996, c. 19, s. 68]

  designated offence

  designated offence means

  • (a) any offence that may be prosecuted as an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, or

  • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)

  designated substance offence

  designated substance offence[Repealed, 2001, c. 32, s. 12]

  enterprise crime offence

  enterprise crime offence[Repealed, 2001, c. 32, s. 12]

  judge

  judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction; (juge)

  proceeds of crime

  proceeds of crime means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of

  • (a) the commission in Canada of a designated offence, or

  • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence. (produits de la criminalité)

• Marginal note:Regulations

  (2) The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition designated offence in subsection (1).

• (3) [Repealed, 2019, c. 25, s. 179]

• (4) [Repealed, 2019, c. 25, s. 179]

Offence

Marginal note:Laundering proceeds of crime

• 462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that, or being reckless as to whether, all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

  • (a) the commission in Canada of a designated offence; or

  • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

• Marginal note:Punishment

  (2) Every one who commits an offence under subsection (1)

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

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Exception

  (3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.

Search, Seizure and Detention of Proceeds of Crime

Marginal note:Special search warrant

• 462.32 (1) Subject to subsection (3), if a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.

• Marginal note:Procedure

  (2) An application for a warrant under subsection (1) may be made ex parte, shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) with respect to the property that is the subject of the application.

• Marginal note:Execution in Canada

  (2.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

• (2.2) [Repealed, 2019, c. 25, s. 180]

• Marginal note:Other provisions to apply

  (3) Subsections 487(2.1) to (3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under this section.

• Marginal note:Detention and record of property seized

  (4) Every person who executes a warrant issued by a judge under this section shall

  • (a) during that execution, give the following to any person who is present and ostensibly in control of the building, receptacle or place to be searched or, in the absence of any such person, affix the following in a prominent location within the building or place or on or next to the receptacle:

    • (i) a copy of the warrant, and

    • (ii) a notice in Form 5.1 setting out the address of the court from which a copy of the report on the property seized may be obtained;

  • (a.1) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;

  • (b) as soon as practicable after the execution of the warrant but within a period not exceeding seven days thereafter, prepare a report in Form 5.3, identifying the property seized and the location where the property is being detained, and cause the report to be filed with the clerk of the court; and

  • (c) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the property.

• Marginal note:Return of proceeds

  (4.1) Subject to this or any other Act of Parliament, a peace officer who has seized anything under a warrant issued by a judge under this section may, with the written consent of the Attorney General, on being issued a receipt for it, return the thing seized to the person lawfully entitled to its possession, if

  • (a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the thing seized;

  • (b) the peace officer is satisfied that the continued detention of the thing seized is not required for the purpose of forfeiture; and

  • (c) the thing seized is returned before a report is filed with the clerk of the court under paragraph (4)(b).

• Marginal note:Notice

  (5) Before issuing a warrant under this section in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before the issuance of the warrant would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be seized pursuant to the warrant.

• Marginal note:Undertakings by Attorney General

  (6) Before issuing a warrant under this section, a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the issuance and execution of the warrant.

Marginal note:Application for restraint order

• 462.33 (1) The Attorney General may make an application in accordance with subsection (2) for a restraint order under subsection (3) in respect of any property.

• Marginal note:Procedure

  (2) An application made under subsection (1) for a restraint order under subsection (3) in respect of any property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters, namely,

  • (a) the offence or matter under investigation;

  • (b) the person who is believed to be in possession of the property;

  • (c) the grounds for the belief that an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2) in respect of the property;

  • (d) a description of the property; and

  • (e) whether any previous applications have been made under this section with respect to the property.

• Marginal note:Restraint order

  (3) A judge who hears an application for a restraint order made under subsection (1) may — if the judge is satisfied that there are reasonable grounds to believe that there exists, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction — make an order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in the manner that may be specified in the order.

• Marginal note:Effect of order

  (3.01) A restraint order issued under subsection (1) has effect throughout Canada.

• Marginal note:Property outside Canada

  (3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

• Marginal note:Idem

  (4) An order made by a judge under subsection (3) may be subject to such reasonable conditions as the judge thinks fit.

• Marginal note:Notice

  (5) Before making an order under subsection (3) in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before making the order would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under subsection 462.37(1) or (2.01) or 462.38(2).

• Marginal note:Order in writing

  (6) An order made under subsection (3) shall be made in writing.

• Marginal note:Undertakings by Attorney General

  (7) Before making an order under subsection (3), a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to

  • (a) the making of an order in respect of property situated within or outside Canada; and

  • (b) the execution of an order in respect of property situated within Canada.

• Marginal note:Service of order

  (8) A copy of an order made by a judge under subsection (3) shall be served on the person to whom the order is addressed in such manner as the judge directs or as may be prescribed by rules of court.

• Marginal note:Registration of order

  (9) A copy of an order made under subsection (3) shall be registered against any property in accordance with the laws of the province in which the property is situated.

• Marginal note:Continues in force

  (10) An order made under subsection (3) remains in effect until

  • (a) it is revoked or varied under subsection 462.34(4) or revoked under paragraph 462.43(a);

  • (b) it ceases to be in force under section 462.35; or

  • (c) an order of forfeiture or restoration of the property is made under subsection 462.37(1) or (2.01), 462.38(2) or 462.41(3) or any other provision of this or any other Act of Parliament.

• Marginal note:Offence

  (11) Any person on whom an order made under subsection (3) is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.