Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Trade secret

• 391 (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.

Marginal note:Disposal of property to defraud creditors

392 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).

Marginal note:Fraud in relation to fares, etc.

• 393 (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.

Marginal note:Fraud in relation to valuable minerals

• 394 (1) 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

  • (a) by a fraudulent device or contrivance, defraud or attempt to defraud any person of

    • (i) any valuable minerals obtained under or reserved by the lease or licence, or

    • (ii) any money or valuable interest or thing payable in respect of valuable minerals obtained or rights reserved by the lease or licence; or

  • (b) fraudulently conceal or make a false statement with respect to the amount of valuable minerals obtained under the lease or licence.

• Marginal note:Sale of valuable minerals

  (2) No person, other than the owner or the owner’s agent or someone otherwise acting under lawful authority, shall sell any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed.

• Marginal note:Purchase of valuable minerals

  (3) No person shall buy any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed from anyone who the person has reason to believe is not the owner or the owner’s agent or someone otherwise acting under lawful authority.

• Marginal note:Presumption

  (4) In any proceeding in relation to subsection (2) or (3), in the absence of evidence raising a reasonable doubt to the contrary, it is presumed that

  • (a) in the case of a sale, the seller is not the owner of the valuable mineral or the owner’s agent or someone otherwise acting under lawful authority; and

  • (b) in the case of a purchase, the purchaser, when buying the valuable mineral, had reason to believe that the seller was not the owner of the mineral or the owner’s agent or someone otherwise acting under lawful authority.

• Marginal note:Offence

  (5) A person who contravenes subsection (1), (2) or (3) is guilty of

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

  • (b) an offence punishable on summary conviction.

• Marginal note:Forfeiture

  (6) If a person is convicted of an offence under this section, the court may order anything by means of or in relation to which the offence was committed, on such conviction, to be forfeited to Her Majesty.

• Marginal note:Exception

  (7) Subsection (6) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this section.

Marginal note:Possession of stolen or fraudulently obtained valuable minerals

• 394.1 (1) 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.

• Marginal note:Evidence

  (2) Reasonable grounds to believe that the valuable mineral has been stolen or dealt with contrary to section 394 are, in the absence of evidence raising a reasonable doubt to the contrary, proof that the valuable mineral has been stolen or dealt with contrary to section 394.

• Marginal note:Offence

  (3) A person who contravenes subsection (1) is guilty of

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

  • (b) an offence punishable on summary conviction.

• Marginal note:Forfeiture

  (4) If a person is convicted of an offence under this section, the court may, on that conviction, order that anything by means of or in relation to which the offence was committed be forfeited to Her Majesty.

• Marginal note:Exception

  (5) Subsection (4) does not apply to real property, other than real property built or significantly modified for the purpose of facilitating the commission of an offence under subsection (3).