Criminal Code

Version of section 121 from 2003-01-01 to 2007-05-30:

Marginal note:Frauds on the government
  •  (1) Every one commits an offence who

    • (a) directly or indirectly

      • (i) gives, offers or agrees to give or offer to an official or to any member of his family, or to any one for the benefit of an official, or

      • (ii) being an official, demands, accepts or offers or agrees to accept from any person for himself or another person,

      a loan, reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

      • (iii) the transaction of business with or any matter of business relating to the government, or

      • (iv) a claim against Her Majesty or any benefit that Her Majesty is authorized or is entitled to bestow,

      whether or not, in fact, the official is able to cooperate, render assistance, exercise influence or do or omit to do what is proposed, as the case may be;

    • (b) having dealings of any kind with the government, pays a commission or reward to or confers an advantage or benefit of any kind on an employee or official of the government with which he deals, or to any member of his family, or to any one for the benefit of the employee or official, with respect to those dealings, unless he has the consent in writing of the head of the branch of government with which he deals, the proof of which lies on him;

    • (c) being an official or employee of the government, demands, accepts or offers or agrees to accept from a person who has dealings with the government a commission, reward, advantage or benefit of any kind directly or indirectly, by himself or through a member of his family or through any one for his benefit, unless he has the consent in writing of the head of the branch of government that employs him or of which he is an official, the proof of which lies on him;

    • (d) having or pretending to have influence with the government or with a minister of the government or an official, demands, accepts or offers or agrees to accept for himself or another person a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

      • (i) anything mentioned in subparagraph (a)(iii) or (iv), or

      • (ii) the appointment of any person, including himself, to an office;

    • (e) gives, offers or agrees to give or offer to a minister of the government or an official a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

      • (i) anything mentioned in subparagraph (a)(iii) or (iv), or

      • (ii) the appointment of any person, including himself, to an office; or

    • (f) having made a tender to obtain a contract with the government

      • (i) gives, offers or agrees to give or offer to another person who has made a tender or to a member of his family, or to another person for the benefit of that person, a reward, advantage or benefit of any kind as consideration for the withdrawal of the tender of that person, or

      • (ii) demands, accepts or offers or agrees to accept from another person who has made a tender a reward, advantage or benefit of any kind as consideration for the withdrawal of his tender.

  • Marginal note:Contractor subscribing to election fund

    (2) Every one commits an offence who, in order to obtain or retain a contract with the government, or as a term of any such contract, whether express or implied, directly or indirectly subscribes or gives, or agrees to subscribe or give, to any person any valuable consideration

    • (a) for the purpose of promoting the election of a candidate or a class or party of candidates to Parliament or the legislature of a province; or

    • (b) with intent to influence or affect in any way the result of an election conducted for the purpose of electing persons to serve in Parliament or the legislature of a province.

  • Marginal note:Punishment

    (3) Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 110.
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