Criminal Code

Marginal note:Postcard a chattel, value

• 4 (1) For the purposes of this Act, a postal card or stamp referred to in paragraph (c) of the definition property in section 2 shall be deemed to be a chattel and to be equal in value to the amount of the postage, rate or duty expressed on its face.

• Marginal note:Value of valuable security

  (2) For the purposes of this Act, the following rules apply for the purpose of determining the value of a valuable security where value is material:

  • (a) where the valuable security is one mentioned in paragraph (a) or (b) of the definition valuable security in section 2, the value is the value of the share, interest, deposit or unpaid money, as the case may be, that is secured by the valuable security;

  • (b) where the valuable security is one mentioned in paragraph (c) or (d) of the definition valuable security in section 2, the value is the value of the lands, goods, chattel personal or interest in the chattel personal, as the case may be; and

  • (c) where the valuable security is one mentioned in paragraph (e) of the definition valuable security in section 2, the value is the amount of money that has been paid.

• Marginal note:Possession

  (3) For the purposes of this Act,

  • (a) a person has anything in possession when he has it in his personal possession or knowingly

    • (i) has it in the actual possession or custody of another person, or

    • (ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and

  • (b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.

• Marginal note:Expressions taken from other Acts

  (4) Where an offence that is dealt with in this Act relates to a subject that is dealt with in another Act, the words and expressions used in this Act with respect to that offence have, subject to this Act, the meaning assigned to them in that other Act.

• Marginal note:Sexual intercourse

  (5) For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted.

• Marginal note:Proof of notifications and service of documents

  (6) For the purposes of this Act, the service of any document and the giving or sending of any notice may be proved

  • (a) by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served, given or sent it; or

  • (b) in the case of a peace officer, by a statement in writing certifying that the document was served or the notice was given or sent by the peace officer, and such a statement is deemed to be a statement made under oath.

• Marginal note:Proof of service in accordance with provincial laws

  (6.1) Despite subsection (6), the service of documents may be proved in accordance with the laws of a province relating to offences created by the laws of that province.

• Marginal note:Attendance for examination

  (7) Despite subsection (6) or (6.1), the court may require the person who appears to have signed an affidavit, a solemn declaration or a statement in accordance with that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service or of the giving or sending of any notice.

• Marginal note:Means of telecommunication

  (8) For greater certainty, for the purposes of this Act, if the elements of an offence contain an explicit or implicit element of communication without specifying the means of communication, the communication may also be made by a means of telecommunication.