Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Obtaining execution of valuable security by fraud

363 Every one who, with intent to defraud or injure another person, by a false pretence causes or induces any person

• (a) to execute, make, accept, endorse or destroy the whole or any part of a valuable security, or

• (b) to write, impress or affix a name or seal on any paper or parchment in order that it may afterwards be made or converted into or used or dealt with as a valuable security,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Marginal note:Fraudulently obtaining food, beverage or accommodation

• 364 (1) Every one who fraudulently obtains food, a beverage or accommodation at any place that is in the business of providing those things is guilty of an offence punishable on summary conviction.

• Marginal note:Presumption

  (2) In proceedings under this section, evidence that the accused obtained food, a beverage or accommodation at a place that is in the business of providing those things and did not pay for it and

  • (a) made a false or fictitious show or pretence of having baggage,

  • (b) had any false or pretended baggage,

  • (c) surreptitiously removed or attempted to remove his baggage or any material part of it,

  • (d) absconded or surreptitiously left the premises,

  • (e) knowingly made a false statement to obtain credit or time for payment, or

  • (f) offered a worthless cheque, draft or security in payment for the food, beverage or accommodation,

  is, in the absence of any evidence to the contrary, proof of fraud.

• Definition of cheque

  (3) In this section, cheque includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors.

Marginal note:Pretending to practise witchcraft, etc.

365 Every one who fraudulently

• (a) pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration,

• (b) undertakes, for a consideration, to tell fortunes, or

• (c) pretends from his skill in or knowledge of an occult or crafty science to discover where or in what manner anything that is supposed to have been stolen or lost may be found,

is guilty of an offence punishable on summary conviction.

Forgery and Offences Resembling Forgery

Marginal note: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.

• Marginal note:Making false document

  (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.

• Marginal note:When forgery complete

  (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.

• Marginal note:Forgery complete though document incomplete

  (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.

• Marginal note:Exception

  (5) No person commits forgery by reason only that the person, in good faith, makes a false document at the request of a police force, the Canadian Forces or a department or agency of the federal government or of a provincial government.

Marginal note:Punishment for forgery

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.

Marginal note:Use, trafficking or possession of forged document

• 368 (1) Everyone commits an offence who, knowing or believing that a document is forged,

  • (a) uses, deals with or acts on it as if it were genuine;

  • (b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine;

  • (c) transfers, sells or offers to sell it or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or

  • (d) possesses it with intent to commit an offence under any of paragraphs (a) to (c).

• Marginal note:Punishment

  (1.1) Everyone who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Wherever forged

  (2) For the purposes of proceedings under this section, the place where a document was forged is not material.

Marginal note:Forgery instruments

368.1 Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, or is guilty of an offence punishable on summary conviction, who, without lawful authority or excuse, makes, repairs, buys, sells, exports from Canada, imports into Canada or possesses any instrument, device, apparatus, material or thing that they know has been used or know is adapted or intended for use by any person to commit forgery.

Marginal note:Public officers acting in the course of their duties or employment

368.2 No public officer, as defined in subsection 25.1(1), is guilty of an offence under any of sections 366 to 368.1 if the acts alleged to constitute the offence were committed by the public officer for the sole purpose of establishing or maintaining a covert identity for use in the course of the public officer’s duties or employment.

Marginal note:Exchequer bill paper, public seals, etc.

369 Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful authority or excuse,

• (a) makes, uses or possesses

  • (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); or

• (b) 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.