Criminal Code (R.S.C., 1985, c. C-46)

Definition of traffic

355.1 For the purposes of sections 355.2 and 355.4, traffic means to sell, give, transfer, transport, export from Canada, import into Canada, send, deliver or deal with in any other way, or to offer to do any of those acts.

Marginal note:Trafficking in property obtained by crime

355.2 Everyone commits an offence who traffics in any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

• (a) the commission in Canada of an offence punishable by indictment; or

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

Marginal note:In rem prohibition

355.3 The importation into Canada or exportation from Canada of any property or thing or any proceeds of any property or thing is prohibited if all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

• (a) the commission in Canada of an offence punishable by indictment; or

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

Marginal note:Possession of property obtained by crime — trafficking

355.4 Everyone commits an offence who has in their possession, for the purpose of trafficking, any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

• (a) the commission in Canada of an offence punishable by indictment; or

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

Marginal note:Punishment

355.5 Everyone who commits an offence under section 355.2 or 355.4

• (a) is, if the value of the subject matter of the offence is more than $5,000, guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or

• (b) is, if the value of the subject matter of the offence is not more than $5,000,

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

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

Marginal note:Theft from mail

• 356 (1) Everyone commits an offence who

  • (a) steals

    • (i) anything sent by post, after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail,

    • (ii) a bag, sack or other container or covering in which mail is conveyed, whether or not it contains mail, or

    • (iii) a key suited to a lock adopted for use by the Canada Post Corporation;

  • (a.1) with intent to commit an offence under paragraph (a), makes, possesses or uses a copy of a key suited to a lock adopted for use by the Canada Post Corporation, or a key suited to obtaining access to a receptacle or device provided for the receipt of mail;

  • (b) has in their possession anything that they know has been used to commit an offence under paragraph (a) or (a.1) or anything in respect of which they know that such an offence has been committed; or

  • (c) fraudulently redirects, or causes to be redirected, anything sent by post.

• Marginal note:Allegation of value not necessary

  (2) In proceedings for an offence under this section it is not necessary to allege in the indictment or to prove on the trial that anything in respect of which the offence was committed had any value.

• Marginal note:Punishment

  (3) Everyone who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

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

Marginal note:Bringing into Canada property obtained by crime

357 Every person who brings into or has in Canada anything that they have obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Marginal note:Having in possession when complete

358 For the purposes of sections 342 and 354 and paragraph 356(1)(b), the offence of having in possession is complete when a person has, alone or jointly with another person, possession of or control over anything mentioned in those sections or when he aids in concealing or disposing of it, as the case may be.

359 [Repealed, 2018, c. 29, s. 40]

360 [Repealed, 2018, c. 29, s. 40]

False Pretences

Marginal note:False pretence

• 361 (1) A false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it.

• Marginal note:Exaggeration

  (2) Exaggerated commendation or depreciation of the quality of anything is not a false pretence unless it is carried to such an extent that it amounts to a fraudulent misrepresentation of fact.

• Marginal note:Question of fact

  (3) For the purposes of subsection (2), it is a question of fact whether commendation or depreciation amounts to a fraudulent misrepresentation of fact.

Marginal note:False pretence or false statement

• 362 (1) Every one commits an offence who

  • (a) by a false pretence, whether directly or through the medium of a contract obtained by a false pretence, obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person;

  • (b) obtains credit by a false pretence or by fraud;

  • (c) knowingly makes or causes to be made, directly or indirectly, a false statement in writing with intent that it should be relied on, with respect to the financial condition or means or ability to pay of himself or herself or any person or organization that he or she is interested in or that he or she acts for, for the purpose of procuring, in any form whatever, whether for his or her benefit or the benefit of that person or organization,

    • (i) the delivery of personal property,

    • (ii) the payment of money,

    • (iii) the making of a loan,

    • (iv) the grant or extension of credit,

    • (v) the discount of an account receivable, or

    • (vi) the making, accepting, discounting or endorsing of a bill of exchange, cheque, draft or promissory note; or

  • (d) knowing that a false statement in writing has been made with respect to the financial condition or means or ability to pay of himself or herself or another person or organization that he or she is interested in or that he or she acts for, procures on the faith of that statement, whether for his or her benefit or for the benefit of that person or organization, anything mentioned in subparagraphs (c)(i) to (vi).

• Marginal note:Punishment

  (2) Every one who commits an offence under paragraph (1)(a)

  • (a) if the property obtained is a testamentary instrument or the value of what is obtained is more than $5,000, is guilty of

    • (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

    • (ii) an offence punishable on summary conviction; or

  • (b) if the value of what is obtained is not more than $5,000, is guilty

    • (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

    • (ii) of an offence punishable on summary conviction.

• Marginal note:Idem

  (3) Every person who commits an offence under paragraph (1)(b), (c) or (d) is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) an offence punishable on summary conviction.

• Marginal note:Presumption from cheque issued without funds

  (4) Where, in proceedings under paragraph (1)(a), it is shown that anything was obtained by the accused by means of a cheque that, when presented for payment within a reasonable time, was dishonoured on the ground that no funds or insufficient funds were on deposit to the credit of the accused in the bank or other institution on which the cheque was drawn, it shall be presumed to have been obtained by a false pretence, unless the court is satisfied by evidence that when the accused issued the cheque he believed on reasonable grounds that it would be honoured if presented for payment within a reasonable time after it was issued.

• Definition of cheque

  (5) In this section, cheque includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors.

Marginal note:Obtaining execution of valuable security by fraud

363 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, with intent to defraud or injure another person, by a false pretence causes or induces any person

• (a) to execute, make, accept, endorse or destroy the whole or any part of a valuable security, or

• (b) to write, impress or affix a name or seal on any paper or parchment in order that it may afterwards be made or converted into or used or dealt with as a valuable security.

Marginal note:Fraudulently obtaining food, beverage or accommodation

• 364 (1) Every one who fraudulently obtains food, a beverage or accommodation at any place that is in the business of providing those things is guilty of an offence punishable on summary conviction.

• Marginal note:Presumption

  (2) In proceedings under this section, evidence that the accused obtained food, a beverage or accommodation at a place that is in the business of providing those things and did not pay for it and

  • (a) made a false or fictitious show or pretence of having baggage,

  • (b) had any false or pretended baggage,

  • (c) surreptitiously removed or attempted to remove his baggage or any material part of it,

  • (d) absconded or surreptitiously left the premises,

  • (e) knowingly made a false statement to obtain credit or time for payment, or

  • (f) offered a worthless cheque, draft or security in payment for the food, beverage or accommodation,

  is, in the absence of any evidence to the contrary, proof of fraud.

• Definition of cheque

  (3) In this section, cheque includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors.

365 [Repealed, 2018, c. 29, s. 41]

Forgery and Offences Resembling Forgery

Marginal note:Forgery

• 366 (1) Every one commits forgery who makes a false document, knowing it to be false, with intent

  • (a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or

  • (b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

• Marginal note:Making false document

  (2) Making a false document includes

  • (a) altering a genuine document in any material part;

  • (b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or

  • (c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.

• Marginal note:When forgery complete

  (3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything.

• Marginal note:Forgery complete though document incomplete

  (4) Forgery is complete notwithstanding that the false document is incomplete or does not purport to be a document that is binding in law, if it is such as to indicate that it was intended to be acted on as genuine.

• Marginal note:Exception

  (5) No person commits forgery by reason only that the person, in good faith, makes a false document at the request of a police force, the Canadian Forces or a department or agency of the federal government or of a provincial government.