Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Obtaining carriage by false billing

• 401 (1) Every one who, by means of a false or misleading representation, knowingly obtains or attempts to obtain the carriage of anything by any person into a country, province, district or other place, whether or not within Canada, where the importation or transportation of it is, in the circumstances of the case, unlawful is guilty of an offence punishable on summary conviction.

• Marginal note:Forfeiture

  (2) Where a person is convicted of an offence under subsection (1), anything by means of or in relation to which the offence was committed, on such conviction, in addition to any punishment that is imposed, is forfeited to Her Majesty and shall be disposed of as the court may direct.

402 [Repealed, 2018, c. 29, s. 44]

Identity Theft and Identity Fraud

Definition of identity information

402.1 For the purposes of sections 402.2 and 403, identity information means any information — including biological or physiological information — of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including a fingerprint, voice print, retina image, iris image, DNA profile, name, address, date of birth, written signature, electronic signature, digital signature, user name, credit card number, debit card number, financial institution account number, passport number, Social Insurance Number, health insurance number, driver’s licence number or password.

Marginal note:Identity theft

• 402.2 (1) Every person commits an offence who obtains or possesses another person’s identity information with intent to use it to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

• Marginal note:Trafficking in identity information

  (2) Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person’s identity information, or has it in their possession for any of those purposes, knowing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

• Marginal note:Clarification

  (3) For the purposes of subsections (1) and (2), an indictable offence referred to in either of those subsections includes an offence under any of the following sections:

  • (a) section 57 (forgery of or uttering forged passport);

  • (b) section 58 (fraudulent use of certificate of citizenship);

  • (c) section 130 (personating peace officer);

  • (d) section 131 (perjury);

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

  • (f) section 362 (false pretence or false statement);

  • (g) section 366 (forgery);

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

  • (i) section 380 (fraud); and

  • (j) section 403 (identity fraud).

• Marginal note:Jurisdiction

  (4) An accused who is charged with an offence under subsection (1) or (2) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody. However, no proceeding in respect of the offence shall be commenced in a province without the consent of the Attorney General of that province if the offence is alleged to have been committed outside that province.

• Marginal note:Punishment

  (5) Everyone who commits an offence under subsection (1) or (2)

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

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

Marginal note:Identity fraud

• 403 (1) Everyone commits an offence who fraudulently personates another person, living or dead,

  • (a) with intent to gain advantage for themselves or another person;

  • (b) with intent to obtain any property or an interest in any property;

  • (c) with intent to cause disadvantage to the person being personated or another person; or

  • (d) with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.

• Marginal note:Clarification

  (2) For the purposes of subsection (1), personating a person includes pretending to be the person or using the person’s identity information — whether by itself or in combination with identity information pertaining to any person — as if it pertains to the person using it.

• 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.

404 [Repealed, 2018, c. 29, s. 46]

Marginal note:Acknowledging instrument in false name

405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act 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.

Forgery of Trademarks and Trade Descriptions

Marginal note:Forging trademark

406 For the purposes of this Part, every one forges a trademark who

• (a) without the consent of the proprietor of the trademark, makes or reproduces in any manner that trademark or a mark so nearly resembling it as to be calculated to deceive; or

• (b) falsifies, in any manner, a genuine trademark.

Marginal note:Offence

407 Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, forges a trademark.

Marginal note:Passing off

408 Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not,

• (a) passes off other wares or services as and for those ordered or required; or

• (b) makes use, in association with wares or services, of any description that is false in a material respect regarding

  • (i) the kind, quality, quantity or composition,

  • (ii) the geographical origin, or

  • (iii) the mode of the manufacture, production or performance

  of those wares or services.

Marginal note:Instruments for forging trademark

• 409 (1) Every one commits an offence who makes, has in his possession or disposes of a die, block, machine or other instrument designed or intended to be used in forging a trademark.

• Marginal note:Saving

  (2) No person shall be convicted of an offence under this section where he proves that he acted in good faith in the ordinary course of his business or employment.

Marginal note:Other offences in relation to trademarks

410 Every one commits an offence who, with intent to deceive or defraud,

• (a) defaces, conceals or removes a trademark or the name of another person from anything without the consent of that other person; or

• (b) being a manufacturer, dealer, trader or bottler, fills any bottle or siphon that bears the trademark or name of another person, without the consent of that other person, with a beverage, milk, by-product of milk or other liquid commodity for the purpose of sale or traffic.

Marginal note:Used goods sold without disclosure

411 Every one commits an offence who sells, exposes or has in his possession for sale, or advertises for sale, goods that have been used, reconditioned or remade and that bear the trademark or the trade-name of another person, without making full disclosure that the goods have been reconditioned, rebuilt or remade for sale and that they are not then in the condition in which they were originally made or produced.

Marginal note:Punishment

• 412 (1) Every one who commits an offence under section 407, 408, 409, 410 or 411 is guilty of

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

  • (b) an offence punishable on summary conviction.

• Marginal note:Forfeiture

  (2) Anything by means of or in relation to which a person commits an offence under section 407, 408, 409, 410 or 411 is, unless the court otherwise orders, forfeited on the conviction of that person for that offence.

413 [Repealed, 2018, c. 29, s. 47]

Marginal note:Presumption from port of shipment

414 Where, in proceedings under this Part, the alleged offence relates to imported goods, evidence that the goods were shipped to Canada from a place outside Canada is, in the absence of any evidence to the contrary, proof that the goods were made or produced in the country from which they were shipped.

Wreck

Marginal note:Offences in relation to wreck

415 Every one who

• (a) secretes wreck, defaces or obliterates the marks on wreck or uses any means to disguise or conceal the fact that anything is wreck, or in any manner conceals the character of wreck, from a person who is entitled to inquire into the wreck,

• (b) receives wreck, knowing that it is wreck, from a person other than the owner thereof or a receiver of wreck, and does not within forty-eight hours thereafter inform the receiver of wreck thereof,

• (c) offers wreck for sale or otherwise deals with it, knowing that it is wreck, and not having a lawful authority to sell or deal with it,

• (d) keeps wreck in his possession knowing that it is wreck, without lawful authority to keep it, for any time longer than the time reasonably necessary to deliver it to the receiver of wreck, or

• (e) boards, against the will of the master, a vessel that is wrecked, stranded or in distress unless he is a receiver of wreck or a person acting under orders of a receiver of wreck,

is guilty of

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

• (g) an offence punishable on summary conviction.

Public Stores

Marginal note:Distinguishing mark on public stores

416 The Governor in Council may, by notice to be published in the Canada Gazette, prescribe distinguishing marks that are appropriated for use on public stores to denote the property of Her Majesty therein, whether the stores belong to Her Majesty in right of Canada or to Her Majesty in any other right.

Marginal note:Applying or removing marks without authority

• 417 (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) without lawful authority applies a distinguishing mark to anything, or

  • (b) with intent to conceal the property of Her Majesty in public stores, removes, destroys or obliterates, in whole or in part, a distinguishing mark.

• Marginal note:Unlawful transactions in public stores

  (2) Every person who, without lawful authority, receives, possesses, keeps, sells or delivers public stores that they know bear a distinguishing mark is guilty of

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

  • (b) an offence punishable on summary conviction.

• Marginal note:Definition of distinguishing mark

  (3) For the purposes of this section, distinguishing mark means a distinguishing mark that is appropriated for use on public stores pursuant to section 416.

Marginal note:Selling defective stores to Her Majesty

• 418 (1) Every one who knowingly sells or delivers defective stores to Her Majesty or commits fraud in connection with the sale, lease or delivery of stores to Her Majesty or the manufacture of stores for Her Majesty is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

• Marginal note:Offences by representatives

  (2) Every one who, being a representative of an organization that commits, by fraud, an offence under subsection (1),

  • (a) knowingly takes part in the fraud, or

  • (b) knows or has reason to suspect that the fraud is being committed or has been or is about to be committed and does not inform the responsible government, or a department thereof, of Her Majesty,

  is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.