Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Luring a child

• 172.1 (1) Every person commits an offence who, by a means of telecommunication, communicates with

  • (a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2);

  • (b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or

  • (c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person.

• Marginal note:Punishment

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

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

• Marginal note:Presumption re age

  (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

• Marginal note:No defence

  (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least eighteen years of age, sixteen years or fourteen years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

Disorderly Conduct

Marginal note:Agreement or arrangement — sexual offence against child

• 172.2 (1) Every person commits an offence who, by a means of telecommunication, agrees with a person, or makes an arrangement with a person, to commit an offence

  • (a) under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) with respect to another person who is, or who the accused believes is, under the age of 18 years;

  • (b) under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to another person who is, or who the accused believes is, under the age of 16 years; or

  • (c) under section 281 with respect to another person who is, or who the accused believes is, under the age of 14 years.

• Marginal note:Punishment

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

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

• Marginal note:Presumption

  (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

• Marginal note:No defence

  (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

• Marginal note:No defence

  (5) It is not a defence to a charge under paragraph (1)(a), (b) or (c)

  • (a) that the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer; or

  • (b) that, if the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer, the person referred to in paragraph (1)(a), (b) or (c) did not exist.

Marginal note:Indecent acts

• 173 (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,

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

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

• Marginal note:Exposure

  (2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.

Marginal note:Nudity

• 174 (1) Every one who, without lawful excuse,

  • (a) is nude in a public place, or

  • (b) is nude and exposed to public view while on private property, whether or not the property is his own,

  is guilty of an offence punishable on summary conviction.

• Marginal note:Nude

  (2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.

• Marginal note:Consent of Attorney General

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

Marginal note:Causing disturbance, indecent exhibition, loitering, etc.

• 175 (1) Every one who

  • (a) not being in a dwelling-house, causes a disturbance in or near a public place,

    • (i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,

    • (ii) by being drunk, or

    • (iii) by impeding or molesting other persons,

  • (b) openly exposes or exhibits an indecent exhibition in a public place,

  • (c) loiters in a public place and in any way obstructs persons who are in that place, or

  • (d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,

  is guilty of an offence punishable on summary conviction.

• Marginal note:Evidence of peace officer

  (2) In the absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph (1)(c) was caused or occurred.

Marginal note:Obstructing or violence to or arrest of officiating clergyman

• 176 (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) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent an officiant from celebrating a religious or spiritual service or performing any other function in connection with their calling, or

  • (b) knowing that an officiant is about to perform, is on their way to perform or is returning from the perform­ance of any of the duties or functions mentioned in paragraph (a)

    • (i) assaults or offers any violence to them, or

    • (ii) arrests them on a civil process, or under the pretence of executing a civil process.

• Marginal note:Disturbing religious worship or certain meetings

  (2) Every one who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction.

• Marginal note:Idem

  (3) Every one who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction.

Marginal note:Trespassing at night

177 Every person who, without lawful excuse, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.

178 [Repealed, 2018, c. 29, s. 14]

179 [Repealed, 2019, c. 25, s. 60]

Nuisances

Marginal note:Common nuisance

• 180 (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 commits a common nuisance and by doing so

  • (a) endangers the lives, safety or health of the public, or

  • (b) causes physical injury to any person.

• Marginal note:Definition

  (2) For the purposes of this section, every one commits a common nuisance who does an unlawful act or fails to discharge a legal duty and thereby

  • (a) endangers the lives, safety, health, property or comfort of the public; or

  • (b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada.

181 [Repealed, 2019, c. 25, s. 62]

Marginal note:Dead body

182 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) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or

• (b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not.

PART VIInvasion of Privacy

Definitions

Marginal note:Definitions

183 In this Part,

authorization

authorization means an authorization to intercept a private communication given under subsection 184.2(3), section 186 or subsection 188(2); (autorisation)

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 a private communication, 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)

intercept

intercept includes listen to, record or acquire a communication or acquire the substance, meaning or purport thereof; (intercepter)

offence

offence means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to

• (a) any of the following provisions of this Act, namely,

  • (i) section 47 (high treason),

  • (ii) section 51 (intimidating Parliament or a legislature),

  • (iii) section 52 (sabotage),

  • (iii.01) section 52.1 (sabotage — essential infrastructure),

  • (iii.02) section 52.2 (sabotage — device),

  • (iii.1) section 56.1 (identity documents),

  • (iv) section 57 (forgery, etc.),

  • (v) section 61 (sedition),

  • (vi) section 76 (hijacking),

  • (vii) section 77 (endangering safety of aircraft or airport),

  • (viii) section 78 (offensive weapons, etc., on aircraft),

  • (ix) section 78.1 (offences against maritime navigation or fixed platforms),

  • (x) section 80 (breach of duty),

  • (xi) section 81 (using explosives),

  • (xii) section 82 (possessing explosives),

  • (xii.01) section 82.3 (possession, etc., of nuclear material, radioactive material or device),

  • (xii.02) section 82.4 (use or alteration of nuclear material, radioactive material or device),

  • (xii.03) section 82.5 (commission of indictable offence to obtain nuclear material, etc.),

  • (xii.04) section 82.6 (threats),

  • (xii.1) section 83.02 (providing or collecting property for certain activities),

  • (xii.2) subsection 83.03(1) (providing, making available, etc., property or services for terrorist purposes),

  • (xii.21) subsection 83.03(2) (providing, making available, etc., property or services — use by terrorist group),

  • (xii.3) section 83.04 (using or possessing property for terrorist purposes),

  • (xii.4) section 83.18 (participation in activity of terrorist group),

  • (xii.41) section 83.181 (leaving Canada to participate in activity of terrorist group),

  • (xii.5) section 83.19 (facilitating terrorist activity),

  • (xii.51) section 83.191 (leaving Canada to facilitate terrorist activity),

  • (xii.6) section 83.2 (commission of offence for terrorist group),

  • (xii.61) section 83.201 (leaving Canada to commit offence for terrorist group),

  • (xii.62) section 83.202 (leaving Canada to commit offence that is terrorist activity),

  • (xii.7) section 83.21 (instructing to carry out activity for terrorist group),

  • (xii.8) section 83.22 (instructing to carry out terrorist activity),

  • (xii.81) section 83.221 (counselling commission of terrorism offence),

  • (xii.9) section 83.23 (harbouring or concealing),

  • (xii.91) section 83.231 (hoax — terrorist activity),

  • (xii.92) section 92 (possession of firearm knowing its possession is unauthorized),

  • (xii.93) section 95 (possession of prohibited or restricted firearm with ammunition),

  • (xiii) section 96 (possession of weapon obtained by commission of offence),

  • (xiii.1) section 98 (breaking and entering to steal firearm),

  • (xiii.2) section 98.1 (robbery to steal firearm),

  • (xiv) section 99 (weapons trafficking),

  • (xv) section 100 (possession for purpose of weapons trafficking),

  • (xvi) section 102 (making automatic firearm),

  • (xvi.1) section 102.1 (possession of computer data),

  • (xvii) section 103 (importing or exporting knowing it is unauthorized),

  • (xviii) section 104 (unauthorized importing or exporting),

  • (xviii.1) section 104.1 (altering cartridge magazine),

  • (xix) section 119 (bribery, etc.),

  • (xx) section 120 (bribery, etc.),

  • (xxi) section 121 (fraud on government),

  • (xxii) section 122 (breach of trust),

  • (xxiii) section 123 (municipal corruption),

  • (xxiv) section 132 (perjury),

  • (xxv) section 139 (obstructing justice),

  • (xxvi) section 144 (prison breach),

  • (xxvii) subsection 145(1) (escape, etc.),

  • (xxvii.1) section 162 (voyeurism),

  • (xxvii.2) section 162.1 (intimate image),

  • (xxviii) subsection 163(1) (obscene materials),

  • (xxix) section 163.1 (child pornography),

  • (xxix.1) section 170 (parent or guardian procuring sexual activity),

  • (xxix.2) section 171 (householder permitting sexual activity),

  • (xxix.3) section 171.1 (making sexually explicit material available to child),

  • (xxix.4) section 172.1 (luring a child),

  • (xxix.5) section 172.2 (agreement or arrangement — sexual offence against child),

  • (xxx) section 184 (unlawful interception),

  • (xxxi) section 191 (possession of intercepting device),

  • (xxxii) subsection 201(1) (keeping gaming or betting house),

  • (xxxiii) paragraph 202(1)(e) (pool-selling, etc.),

  • (xxxiv) [Repealed, 2019, c. 25, s. 63.1]

  • (xxxv) to (xxxviii) [Repealed, 2014, c. 25, s. 11]

  • (xxxix) section 235 (murder),

  • (xxxix.1) section 244 (discharging firearm with intent),

  • (xxxix.2) section 244.2 (discharging firearm — recklessness),

  • (xl) section 264.1 (uttering threats),

  • (xli) section 267 (assault with a weapon or causing bodily harm),

  • (xlii) section 268 (aggravated assault),

  • (xliii) section 269 (unlawfully causing bodily harm),

  • (xliii.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm),

  • (xliii.2) section 270.02 (aggravated assault of peace officer),

  • (xliv) section 271 (sexual assault),

  • (xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

  • (xlvi) section 273 (aggravated sexual assault),

  • (xlvi.1) section 273.3 (removal of child from Canada),

  • (xlvii) section 279 (kidnapping),

  • (xlvii.1) section 279.01 (trafficking in persons),

  • (xlvii.11) section 279.011 (trafficking of a person under the age of eighteen years),

  • (xlvii.2) section 279.02 (material benefit),

  • (xlvii.3) section 279.03 (withholding or destroying documents),

  • (xlviii) section 279.1 (hostage taking),

  • (xlix) section 280 (abduction of person under sixteen),

  • (l) section 281 (abduction of person under fourteen),

  • (li) section 282 (abduction in contravention of custody order or parenting order),

  • (lii) section 283 (abduction),

  • (lii.1) 286.1 (obtaining sexual services for consideration),

  • (lii.2) 286.2 (material benefit from sexual services),

  • (lii.3) 286.3 (procuring),

  • (lii.4) 286.4 (advertising sexual services),

  • (liii) section 318 (advocating genocide),

  • (liii.1) section 320.102 (conversion therapy),

  • (liv) section 327 (possession of device to obtain telecommunication facility or service),

  • (liv.1) subsection 333.1(1) (motor vehicle theft),

  • (liv.2) subsection 333.1(3) (motor vehicle theft when violence used, threatened or attempted),

  • (liv.3) subsection 333.1(4) (motor vehicle theft for criminal organization),

  • (lv) section 334 (theft),

  • (lvi) section 342 (theft, forgery, etc., of credit card),

  • (lvi.1) section 342.01 (instruments for copying credit card data or forging or falsifying credit cards),

  • (lvii) section 342.1 (unauthorized use of computer),

  • (lviii) section 342.2 (possession of device to obtain unauthorized use of computer system or to commit mischief),

  • (lix) section 344 (robbery),

  • (lx) section 346 (extortion),

  • (lxi) section 347 (criminal interest rate),

  • (lxii) section 348 (breaking and entering),

  • (lxii.1) section 353.1 (tampering with vehicle identification number),

  • (lxiii) section 354 (possession of property obtained by crime),

  • (lxiii.1) section 355.2 (trafficking in property obtained by crime),

  • (lxiii.2) section 355.4 (possession of property obtained by crime — trafficking),

  • (lxiv) section 356 (theft from mail),

  • (lxv) section 367 (forgery),

  • (lxvi) section 368 (use, trafficking or possession of forged document),

  • (lxvi.1) section 368.1 (forgery instruments),

  • (lxvii) section 372 (false information),

  • (lxviii) section 380 (fraud),

  • (lxix) section 381 (using mails to defraud),

  • (lxx) section 382 (fraudulent manipulation of stock exchange transactions),

  • (lxx.01) section 391 (trade secret),

  • (lxx.1) subsection 402.2(1) (identity theft),

  • (lxx.2) subsection 402.2(2) (trafficking in identity information),

  • (lxx.3) section 403 (identity fraud),

  • (lxxi) section 423.1 (intimidation of justice system participant or journalist),

  • (lxxi.1) section 423.2 (intimidation — health services),

  • (lxxii) section 424 (threat to commit offences against internationally protected person),

  • (lxxii.1) section 424.1 (threat against United Nations or associated personnel),

  • (lxxiii) section 426 (secret commissions),

  • (lxxiv) section 430 (mischief),

  • (lxxv) section 431 (attack on premises, residence or transport of internationally protected person),

  • (lxxv.1) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel),

  • (lxxv.2) subsection 431.2(2) (explosive or other lethal device),

  • (lxxvi) section 433 (arson),

  • (lxxvii) section 434 (arson),

  • (lxxviii) section 434.1 (arson),

  • (lxxix) section 435 (arson for fraudulent purpose),

  • (lxxx) section 449 (making counterfeit money),

  • (lxxxi) section 450 (possession, etc., of counterfeit money),

  • (lxxxii) section 452 (uttering, etc., counterfeit money),

  • (lxxxiii) subsection 462.31(1) (laundering proceeds of crime),

  • (lxxxiii.1) subsection 462.31(2.1) (laundering proceeds of crime for criminal organization),

  • (lxxxiv) subsection 462.33(11) (acting in contravention of restraint order),

  • (lxxxv) section 467.11 (participation in criminal organization),

  • (lxxxv.1) section 467.111 (recruitment of members — criminal organization),

  • (lxxxvi) section 467.12 (commission of offence for criminal organization), or

  • (lxxxvii) section 467.13 (instructing commission of offence for criminal organization),

• (b) section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act,

• (b.1) any of the following provisions of the Biological and Toxin Weapons Convention Implementation Act, namely,

  • (i) section 6 (production, etc., of biological agents and means of delivery), or

  • (ii) section 7 (unauthorized production, etc., of biological agents),

• (b.2) any of the following provisions of the Cannabis Act, namely,

  • (i) section 9 (distribution and possession for purpose of distributing),

  • (ii) section 10 (selling and possession for purpose of selling),

  • (iii) section 11 (importing and exporting and possession for purpose of exporting),

  • (iv) section 12 (production),

  • (v) section 13 (possession, etc., for use in production or distribution of illicit cannabis), or

  • (vi) section 14 (use of young person),

• (c) any of the following provisions of the Competition Act, namely,

  • (i) section 45 (conspiracies, agreements or arrangements between competitors),

  • (ii) section 47 (bid-rigging), or

  • (iii) subsection 52.1(3) (deceptive telemarketing),

• (d) any of the following provisions of the Controlled Drugs and Substances Act, namely,

  • (i) section 5 (trafficking),

  • (ii) section 6 (importing and exporting),

  • (iii) section 7 (production), or

  • (iv) section 7.1 (possession, sale, etc., for use in production or trafficking),

• (d.1) section 42 (offences related to infringement of copyright) of the Copyright Act,

• (e) section 3 (bribing a foreign public official) of the Corruption of Foreign Public Officials Act,

• (e.1) the Crimes Against Humanity and War Crimes Act,

• (f) either of the following provisions of the Customs Act, namely,

  • (i) section 153 (false statements), or

  • (ii) section 159 (smuggling),

• (g) any of the following provisions of the Excise Act, 2001, namely,

  • (i) section 214 (unlawful production, sale, etc., of tobacco, alcohol, cannabis or vaping products),

  • (ii) section 216 (unlawful possession of tobacco product),

  • (iii) section 218 (unlawful possession, sale, etc., of alcohol),

  • (iii.1) section 218.1 (unlawful possession, sale, etc., of unstamped cannabis),

  • (iii.2) section 218.2 (unlawful possession, sale, etc., of unstamped vaping products),

  • (iv) section 219 (falsifying or destroying records),

  • (v) section 230 (possession of property obtained by excise offences), or

  • (vi) section 231 (laundering proceeds of excise offences),

• (h) any of the following provisions of the Export and Import Permits Act, namely,

  • (i) section 13 (export or attempt to export),

  • (ii) section 14 (import or attempt to import),

  • (ii.1) section 14.2 (broker or attempt to broker),

  • (iii) section 15 (diversion, etc.),

  • (iv) section 16 (no transfer of permits),

  • (v) section 17 (false information), or

  • (vi) section 18 (aiding and abetting),

• (i) any of the following provisions of the Immigration and Refugee Protection Act, namely,

  • (i) section 117 (organizing entry into Canada),

  • (ii) section 118 (trafficking in persons),

  • (iii) section 119 (disembarking persons at sea),

  • (iv) section 122 (offences related to documents),

  • (v) section 126 (counselling misrepresentation), or

  • (vi) section 129 (offences relating to officers),

• (j) any offence under the Foreign Interference and Security of Information Act, or

• (k) section 51.01 (offences related to goods, labels, packaging or services) of the Trademarks Act,

and includes any other offence that there are reasonable grounds to believe is a criminal organization offence or any other offence that there are reasonable grounds to believe is an offence described in paragraph (b) or (c) of the definition terrorism offence in section 2; (infraction)

police officer

police officer means any officer, constable or other person employed for the preservation and maintenance of the public peace; (policier)

private communication

private communication means any oral communication, or any telecommunication, that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it; (communication privée)

public switched telephone network

public switched telephone network means a telecommunication facility the primary purpose of which is to provide a land line-based telephone service to the public for compensation; (réseau téléphonique public commuté)

radio-based telephone communication

radio-based telephone communication means any radiocommunication within the meaning of the Radiocommunication Act that is made over apparatus that is used primarily for connection to a public switched telephone network; (communication radiotéléphonique)

sell

sell includes offer for sale, expose for sale, have in possession for sale or distribute or advertise for sale; (vendre)

solicitor

solicitor means, in the Province of Quebec, an advocate or a notary and, in any other province, a barrister or solicitor. (avocat)