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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2021-06-03 and last amended on 2021-05-06. Previous Versions

PART XIIOffences Relating to Currency (continued)

Instruments or Materials

Marginal note:Making, having or dealing in instruments for counterfeiting

 Every person who, without lawful justification or excuse, makes, repairs, buys, sells or has in their custody or possession any machine, engine, tool, instrument, material or other thing that they know has been used or is adapted and intended for use in making counterfeit money or counterfeit tokens of value, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

  • R.S., 1985, c. C-46, s. 458
  • 2018, c. 29, s. 59

Marginal note:Conveying instruments for coining out of mint

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse, knowingly conveys out of any of Her Majesty’s mints in Canada,

  • (a) any machine, engine, tool, instrument, material or thing used or employed in connection with the manufacture of coins,

  • (b) a useful part of anything mentioned in paragraph (a), or

  • (c) coin, bullion, metal or a mixture of metals.

  • R.S., 1985, c. C-46, s. 459
  • 2018, c. 29, s. 60

Advertising and Trafficking in Counterfeit Money or Counterfeit Tokens of Value

Marginal note:Advertising and dealing in counterfeit money, etc.

  •  (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

    • (a) by an advertisement or any other writing, offers to sell, procure or dispose of counterfeit money or counterfeit tokens of value or to give information with respect to the manner in which or the means by which counterfeit money or counterfeit tokens of value may be sold, procured or disposed of, or

    • (b) purchases, obtains, negotiates or otherwise deals with counterfeit tokens of value, or offers to negotiate with a view to purchasing or obtaining them.

  • Marginal note:Fraudulent use of money genuine but valueless

    (2) No person shall be convicted of an offence under subsection (1) in respect of genuine coin or genuine paper money that has no value as money unless, at the time when the offence is alleged to have been committed, he knew that the coin or paper money had no value as money and he had a fraudulent intent in his dealings with or with respect to the coin or paper money.

Special Provisions as to Proof

Marginal note:When counterfeit complete

  •  (1) Every offence relating to counterfeit money or counterfeit tokens of value shall be deemed to be complete notwithstanding that the money or tokens of value in respect of which the proceedings are taken are not finished or perfected or do not copy exactly the money or tokens of value that they are apparently intended to resemble or for which they are apparently intended to pass.

  • Marginal note:Certificate of examiner of counterfeit

    (2) In any proceedings under this Part, a certificate signed by a person designated as an examiner of counterfeit by the Minister of Public Safety and Emergency Preparedness, stating that any coin, paper money or bank-note described therein is counterfeit money or that any coin, paper money or bank-note described therein is genuine and is or is not, as the case may be, current in Canada or elsewhere, is evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate shall be received in evidence unless the party intending to produce it has, before the trial, given to the other party reasonable notice of their intention and a copy of the certificate.

  • Marginal note:Attendance and cross-examination

    (4) A party against whom the certificate is produced may, with leave of the court, require the attendance of the person who signed the certificate for the purposes of cross-examination.

  • R.S., 1985, c. C-46, s. 461
  • 1992, c. 1, s. 58
  • 2005, c. 10, s. 34
  • 2018, c. 21, s. 17

Forfeiture

Marginal note:Ownership

  •  (1) Counterfeit money, counterfeit tokens of value and anything that is used or is intended to be used to make counterfeit money or counterfeit tokens of value belong to Her Majesty.

  • Marginal note:Seizure

    (2) A peace officer may seize and detain

    • (a) counterfeit money,

    • (b) counterfeit tokens of value, and

    • (c) machines, engines, tools, instruments, materials or things that have been used or that have been adapted and are intended for use in making counterfeit money or counterfeit tokens of value,

    and anything seized shall be sent to the Minister of Finance to be disposed of or dealt with as he may direct, but anything that is required as evidence in any proceedings shall not be sent to the Minister until it is no longer required in those proceedings.

  • R.S., c. C-34, s. 420

PART XII.1[Repealed, 2018, c. 16, s. 211]

 [Repealed, 2018, c. 16, s. 211]

 [Repealed, 2018, c. 16, s. 211]

PART XII.2Proceeds of Crime

Interpretation

Marginal note:Definitions

  •  (1) In this Part,

    designated drug offence

    designated drug offence[Repealed, 1996, c. 19, s. 68]

    designated offence

    designated offence means

    • (a) any offence that may be prosecuted as an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, or

    • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)

    designated substance offence

    designated substance offence[Repealed, 2001, c. 32, s. 12]

    enterprise crime offence

    enterprise crime offence[Repealed, 2001, c. 32, s. 12]

    judge

    judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction; (juge)

    proceeds of crime

    proceeds of crime means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of

    • (a) the commission in Canada of a designated offence, or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence. (produits de la criminalité)

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition designated offence in subsection (1).

  • (3) [Repealed, 2019, c. 25, s. 179]

  • (4) [Repealed, 2019, c. 25, s. 179]

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1993, c. 25, s. 95, c. 37, s. 32, c. 46, s. 5
  • 1994, c. 44, s. 29
  • 1995, c. 39, s. 151
  • 1996, c. 19, ss. 68, 70
  • 1997, c. 18, s. 27, c. 23, s. 9
  • 1998, c. 34, ss. 9, 11
  • 1999, c. 5, ss. 13, 52
  • 2001, c. 32, s. 12, c. 41, ss. 14, 33
  • 2005, c. 44, s. 1
  • 2010, c. 14, s. 7
  • 2019, c. 25, s. 179

Offence

Marginal note:Laundering proceeds of crime

  •  (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that, or being reckless as to whether, all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

    • (a) the commission in Canada of a designated offence; or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1)

    • (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.

  • Marginal note:Exception

    (3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1996, c. 19, s. 70
  • 1997, c. 18, s. 28
  • 2001, c. 32, s. 13
  • 2005, c. 44, s. 2(F)
  • 2019, c. 29, s. 103
 
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