Forgery and Offences Resembling 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.
(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.
(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.
(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.
R.S., c. C-34, s. 324.
367. Every one who commits forgery
(a) is guilty of an indictable offence and liable to imprisonment
for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 367; 1994, c. 44, s. 24; 1997, c. 18, s. 24.
368. (1) Every one who, knowing that a document is forged,
(a) uses, deals with or acts on it, or
(b) causes or attempts to cause any person to use, deal with or act
on it,
as if the document were genuine,
(c) is guilty of an indictable offence and liable to imprisonment
for a term not exceeding ten years; or
(d) is guilty of an offence punishable on summary conviction.
(2) For the purposes of proceedings under this section, the place
where a document was forged is not material.
R.S., 1985, c. C-46, s. 368; 1992, c. 1, s. 60(F); 1997, c. 18, s. 25.
369. Every one who, without lawful authority or excuse, the
proof of which lies on him,
(a) makes, uses or knowingly has in his possession
(i) any exchequer bill paper, revenue paper or paper that is used to make
bank-notes, or
(ii) any paper that is intended to resemble paper mentioned in
subparagraph (i),
(b) makes, offers or disposes of or knowingly has in his possession
any plate, die, machinery, instrument or other writing or material that is adapted and
intended to be used to commit forgery, or
(c) makes, reproduces or uses a public seal of Canada or of a
province, or the seal of a public body or authority in Canada, or of a court of law,
is guilty of an indictable offence and liable to imprisonment for a term
not exceeding fourteen years.
R.S., c. C-34, s. 327.
370. Every one who knowingly
(a) prints any proclamation, order, regulation or appointment, or
notice thereof, and causes it falsely to purport to have been printed by the Queen's
Printer for Canada or the Queen's Printer for a province, or
(b) tenders in evidence a copy of any proclamation, order,
regulation or appointment that falsely purports to have been printed by the Queen's
Printer for Canada or the Queen's Printer for a province,
is guilty of an indictable offence and liable to imprisonment for a term
not exceeding five years.
R.S., c. C-34, s. 328.
371. Every one who, with intent to defraud, causes or procures
a telegram, cablegram or radio message to be sent or delivered as being sent by the
authority of another person, knowing that it is not sent by his authority and with intent
that the message should be acted on as being sent by his authority, is guilty of an
indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 329.
372. (1) Every one who, with intent to injure or alarm any
person, conveys or causes or procures to be conveyed by letter, telegram, telephone,
cable, radio or otherwise information that he knows is false is guilty of an indictable
offence and liable to imprisonment for a term not exceeding two years.
(2) Every one who, with intent to alarm or annoy any person, makes any
indecent telephone call to that person is guilty of an offence punishable on summary
conviction.
(3) Every one who, without lawful excuse and with intent to harass any
person, makes or causes to be made repeated telephone calls to that person is guilty of an
offence punishable on summary conviction.
R.S., c. C-34, s. 330.
373. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 53]
374. Every one who
(a) with intent to defraud and without lawful authority makes,
executes, draws, signs, accepts or endorses a document in the name or on the account of
another person by procuration or otherwise, or
(b) makes use of or utters a document knowing that it has been
made, executed, signed, accepted or endorsed with intent to defraud and without lawful
authority, in the name or on the account of another person, by procuration or otherwise,
is guilty of an indictable offence and liable to imprisonment for a term
not exceeding fourteen years.
R.S., c. C-34, s. 332.
375. Every one who demands, receives or obtains anything, or
causes or procures anything to be delivered or paid to any person under, on or by virtue
of any instrument issued under the authority of law, knowing that it is based on a forged
document, is guilty of an indictable offence and liable to imprisonment for a term not
exceeding fourteen years.
R.S., c. C-34, s. 333.
376. (1) Every one who
(a) fraudulently uses, mutilates, affixes, removes or counterfeits
a stamp or part thereof,
(b) knowingly and without lawful excuse, the proof of which lies on
him, has in his possession
(i) a counterfeit stamp or a stamp that has been fraudulently mutilated,
or
(ii) anything bearing a stamp of which a part has been fraudulently
erased, removed or concealed, or
(c) without lawful excuse, the proof of which lies on him, makes or
knowingly has in his possession a die or instrument that is capable of making the
impression of a stamp or part thereof,
is guilty of an indictable offence and liable to imprisonment for a term
not exceeding fourteen years.
(2) Every one who, without lawful authority,
(a) makes a mark,
(b) sells, or exposes for sale, or has in his possession a
counterfeit mark,
(c) affixes a mark to anything that is required by law to be
marked, branded, sealed or wrapped other than the thing to which the mark was originally
affixed or was intended to be affixed, or
(d) affixes a counterfeit mark to anything that is required by law
to be marked, branded, sealed or wrapped,
is guilty of an indictable offence and liable to imprisonment for a term
not exceeding fourteen years.
(3) In this section,
"mark" means a mark, brand, seal, wrapper or design used by
or on behalf of
(a) the government of Canada or a province,
(b) the government of a state other than Canada, or
(c) any department, board, commission or agent established by a
government mentioned in paragraph (a) or (b) in connection with the service
or business of that government;
"stamp" means an impressed or adhesive stamp used for the
purpose of revenue by the government of Canada or a province or by the government of a
state other than Canada.
R.S., c. C-34, s. 334.
377. (1) Every one who unlawfully
(a) destroys, defaces or injures a register, or any part of a
register, of births, baptisms, marriages, deaths or burials that is required or authorized
by law to be kept in Canada, or a copy or any part of a copy of such a register that is
required by law to be transmitted to a registrar or other officer,
(b) inserts or causes to be inserted in a register or copy referred
to in paragraph (a) an entry, that he knows is false, of any matter relating to a
birth, baptism, marriage, death or burial, or erases any material part from that register
or copy,
(c) destroys, damages or obliterates an election document or causes
an election document to be destroyed, damaged or obliterated, or
(d) makes or causes to be made an erasure, alteration or
interlineation in or on an election document,
is guilty of an indictable offence and liable to imprisonment for a term
not exceeding five years.
(2) In this section, "election document" means any document
or writing issued under the authority of an Act of Parliament or the legislature of a
province with respect to an election held pursuant to the authority of that Act.
R.S., c. C-34, s. 335.
378. Every one who
(a) being authorized or required by law to make or issue a
certified copy of, extract from or certificate in respect of a register, record or
document, knowingly makes or issues a false certified copy, extract or certificate,
(b) not being authorized or required by law to make or issue a
certified copy of, extract from or certificate in respect of a register, record or
document, fraudulently makes or issues a copy, extract or certificate that purports to be
certified as authorized or required by law, or
(c) being authorized or required by law to make a certificate or
declaration concerning any particular required for the purpose of making entries in a
register, record or document, knowingly and falsely makes the certificate or declaration,
is guilty of an indictable offence and liable to imprisonment for a term
not exceeding five years.
R.S., c. C-34, s. 336.
PART X
FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE
Interpretation
379. In this Part,
"goods" means anything that is the subject of trade or
commerce;
"trading stamps" includes any form of cash receipt, receipt,
coupon, premium ticket or other device, designed or intended to be given to the purchaser
of goods by the vendor thereof or on his behalf, and to represent a discount on the price
of the goods or a premium to the purchaser thereof
(a) that may be redeemed
(i) by any person other than the vendor, the person from whom the vendor
purchased the goods or the manufacturer of the goods,
(ii) by the vendor, the person from whom the vendor purchased the goods or
the manufacturer of the goods in cash or in goods that are not his property in whole or in
part, or
(iii) by the vendor elsewhere than in the premises where the goods are
purchased, or
(b) that does not show on its face the place where it is delivered
and the merchantable value thereof, or
(c) that may not be redeemed on demand at any time,
but an offer, endorsed by the manufacturer on a wrapper or container in
which goods are sold, of a premium or reward for the return of that wrapper or container
to the manufacturer is not a trading stamp.
R.S., c. C-34, s. 337.
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