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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2024-05-14 and last amended on 2024-01-14. Previous Versions

PART XIIOffences Relating to Currency (continued)

Instruments or Materials (continued)

Marginal note:Conveying instruments for coining out of mint

 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.

  • R.S., 1985, c. C-46, s. 459
  • 2018, c. 29, s. 60

Advertising and Trafficking in Counterfeit Money or Counterfeit Tokens of Value

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

  •  (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

  •  (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.

  • R.S., 1985, c. C-46, s. 461
  • 1992, c. 1, s. 58
  • 2005, c. 10, s. 34
  • 2018, c. 21, s. 17

Forfeiture

Marginal note:Ownership

  •  (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.

  • R.S., c. C-34, s. 420

PART XII.1[Repealed, 2018, c. 16, s. 211]

 [Repealed, 2018, c. 16, s. 211]

 [Repealed, 2018, c. 16, s. 211]

PART XII.2Proceeds of Crime

Interpretation

Marginal note:Definitions

  •  (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]

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1993, c. 25, s. 95, c. 37, s. 32, c. 46, s. 5
  • 1994, c. 44, s. 29
  • 1995, c. 39, s. 151
  • 1996, c. 19, ss. 68, 70
  • 1997, c. 18, s. 27, c. 23, s. 9
  • 1998, c. 34, ss. 9, 11
  • 1999, c. 5, ss. 13, 52
  • 2001, c. 32, s. 12, c. 41, ss. 14, 33
  • 2005, c. 44, s. 1
  • 2010, c. 14, s. 7
  • 2019, c. 25, s. 179

Offence

Marginal note:Laundering proceeds of crime

  •  (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.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1996, c. 19, s. 70
  • 1997, c. 18, s. 28
  • 2001, c. 32, s. 13
  • 2005, c. 44, s. 2(F)
  • 2019, c. 29, s. 103

Search, Seizure and Detention of Proceeds of Crime

Marginal note:Special search warrant

  •  (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:Special warrant — digital assets

  •  (1) If, on an application of the Attorney General, a judge is satisfied by information on oath in Form 1, varied to suit the case, that there are reasonable grounds to believe that any digital assets, including virtual currency, may be the subject of an order of forfeiture 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

    • (a) search for the digital assets by using a computer program, as defined in subsection 342.1(2); and

    • (b) seize — including by taking control of the right to access — the digital assets, as well as any other digital assets found during that search that the person or peace officer believes, on reasonable grounds, may be the subject of such an order of forfeiture.

  • Marginal note:Terms and conditions

    (2) The warrant shall contain any terms and conditions that the judge considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.

  • Marginal note:Procedure

    (3) 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:Detention and record of property seized

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

    • (a) detain or cause to be detained any seized property, taking reasonable care to ensure that it 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, cause the following to be sent to the usual place of residence of any person from whom the property is seized if that usual place of residence is in Canada and is known to the person executing the warrant:

      • (i) a copy of the warrant, and

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

    • (c) as soon as practicable after the execution of the warrant but within a period of not more than seven days, prepare a report in Form 5.3, varied to suit the case, identifying the seized property and the manner in which it is being detained, and cause the report to be filed with the clerk of the court; and

    • (d) 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 seized property.

  • Marginal note:Return

    (5) Subject to this or any other Act of Parliament, a peace officer or a person acting on their behalf may, with the written consent of the Attorney General, on being issued a receipt for it, cause the seized property to be returned 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 seized property;

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

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

  • Marginal note:Notice

    (6) 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 of it could not be seized under the warrant.

  • Marginal note:Undertakings by Attorney General

    (7) Before issuing a warrant under this section, a judge shall require the Attorney General to give any undertakings that 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.

 

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