False Pretences
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.
(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.
(3) For the purposes of subsection (2), it is a question of fact
whether commendation or depreciation amounts to a fraudulent misrepresentation of fact.
R.S., c. C-34, s. 319.
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 any person, firm or
corporation that he is interested in or that he acts for, for the purpose of procuring, in
any form whatever, whether for his benefit or the benefit of that person, firm or
corporation,
(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 another
person, firm or corporation that he is interested in or that he acts for, procures on the
faith of that statement, whether for his benefit or for the benefit of that person, firm
or corporation, anything mentioned in subparagraphs (c)(i) to (vi).
(2) Every one who commits an offence under paragraph (1)(a)
(a) is guilty of an indictable offence and liable to a term of
imprisonment not exceeding ten years, where the property obtained is a testamentary
instrument or the value of what is obtained exceeds five thousand dollars; or
(b) 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,
where the value of what is obtained does not exceed five thousand dollars.
(3) Every one who commits an offence under paragraph (1)(b), (c)
or (d) is guilty of an indictable offence and liable to imprisonment for a term not
exceeding ten years.
(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.
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