Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2017-06-05 and last amended on 2017-05-18. Previous Versions

Marginal note:Exemption — lottery scheme on an international cruise ship
  •  (1) Despite any of the provisions of this Part relating to gaming and betting, it is lawful for the owner or operator of an international cruise ship, or their agent, to conduct, manage or operate and for any person to participate in a lottery scheme during a voyage on an international cruise ship when all of the following conditions are satisfied:

    • (a) all the people participating in the lottery scheme are located on the ship;

    • (b) the lottery scheme is not linked, by any means of communication, with any lottery scheme, betting, pool selling or pool system of betting located off the ship;

    • (c) the lottery scheme is not operated within five nautical miles of a Canadian port at which the ship calls or is scheduled to call; and

    • (d) the ship is registered

      • (i) in Canada and its entire voyage is scheduled to be outside Canada, or

      • (ii) anywhere, including Canada, and its voyage includes some scheduled voyaging within Canada and the voyage

        • (A) is of at least forty-eight hours duration and includes some voyaging in international waters and at least one non-Canadian port of call including the port at which the voyage begins or ends, and

        • (B) is not scheduled to disembark any passengers at a Canadian port who have embarked at another Canadian port, without calling on at least one non-Canadian port between the two Canadian ports.

  • Marginal note:Paragraph 207(1)(h) and subsection 207(5) apply

    (2) For greater certainty, paragraph 207(1)(h) and subsection 207(5) apply for the purposes of this section.

  • Marginal note:Offence

    (3) Every one who, for the purpose of a lottery scheme, does anything that is not authorized by this section

    • (a) in the case of the conduct, management or operation of the lottery scheme,

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

      • (ii) is guilty of an offence punishable on summary conviction; and

    • (b) in the case of participating in the lottery scheme, is guilty of an offence punishable on summary conviction.

  • Marginal note:Definitions

    (4) The definitions in this subsection apply in this section.

    international cruise ship

    navire de croisière internationale

    international cruise ship means a passenger ship that is suitable for continuous ocean voyages of at least forty-eight hours duration, but does not include such a ship that is used or fitted for the primary purpose of transporting cargo or vehicles. (navire de croisière internationale)

    lottery scheme

    loterie

    lottery scheme means a game or any proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g), whether or not it involves betting, pool selling or a pool system of betting. It does not include

    • (a) three-card monte, punch board or coin table; or

    • (b) bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any race or fight, or on a single sporting event or athletic contest. (loterie)

  • 1999, c. 5, s. 7.

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 32]

Marginal note:Cheating at play

 Every one who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 192.

Bawdy-houses

Marginal note:Keeping common bawdy-house
  •  (1) Every one who keeps a common bawdy-house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Landlord, inmate, etc.

    (2) Every one who

    • (a) is an inmate of a common bawdy-house,

    • (b) is found, without lawful excuse, in a common bawdy-house, or

    • (c) as owner, landlord, lessor, tenant, occupier, agent or otherwise having charge or control of any place, knowingly permits the place or any part thereof to be let or used for the purposes of a common bawdy-house,

    is guilty of an offence punishable on summary conviction.

  • Marginal note:Notice of conviction to be served on owner

    (3) Where a person is convicted of an offence under subsection (1), the court shall cause a notice of the conviction to be served on the owner, landlord or lessor of the place in respect of which the person is convicted or his agent, and the notice shall contain a statement to the effect that it is being served pursuant to this section.

  • Marginal note:Duty of landlord on notice

    (4) Where a person on whom a notice is served under subsection (3) fails forthwith to exercise any right he may have to determine the tenancy or right of occupation of the person so convicted, and thereafter any person is convicted of an offence under subsection (1) in respect of the same premises, the person on whom the notice was served shall be deemed to have committed an offence under subsection (1) unless he proves that he has taken all reasonable steps to prevent the recurrence of the offence.

  • R.S., c. C-34, s. 193.
Marginal note:Transporting person to bawdy-house

 Every one who knowingly takes, transports, directs, or offers to take, transport or direct, any other person to a common bawdy-house is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 194.

 [Repealed, 2014, c. 25, s. 13]

Offences in Relation to Offering, Providing or Obtaining Sexual Services for Consideration

Marginal note:Stopping or impeding traffic
  •  (1) Everyone is guilty of an offence punishable on summary conviction who, in a public place or in any place open to public view, for the purpose of offering, providing or obtaining sexual services for consideration,

    • (a) stops or attempts to stop any motor vehicle; or

    • (b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place.

    • (c) [Repealed, 2014, c. 25, s. 15]

  • Marginal note:Communicating to provide sexual services for consideration

    (1.1) Everyone is guilty of an offence punishable on summary conviction who communicates with any person — for the purpose of offering or providing sexual services for consideration  —  in a public place, or in any place open to public view, that is or is next to a school ground, playground or daycare centre.

  • Definition of public place

    (2) In this section, public place includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.

  • R.S., 1985, c. C-46, s. 213;
  • R.S., 1985, c. 51 (1st Supp.), s. 1;
  • 2014, c. 25, s. 15.

PART VIIIOffences Against the Person and Reputation

Interpretation

Marginal note:Definitions

 In this Part,

abandon or expose

abandonner ou exposer

abandon or expose includes

  • (a) a wilful omission to take charge of a child by a person who is under a legal duty to do so, and

  • (b) dealing with a child in a manner that is likely to leave that child exposed to risk without protection; (abandonner ou exposer)

aircraft

aéronef

aircraft does not include a machine designed to derive support in the atmosphere primarily from reactions against the earth’s surface of air expelled from the machine; (aéronef)

child

child [Repealed, 2002, c. 13, s. 9]

form of marriage

formalité de mariage

form of marriage includes a ceremony of marriage that is recognized as valid

  • (a) by the law of the place where it was celebrated, or

  • (b) by the law of the place where an accused is tried, notwithstanding that it is not recognized as valid by the law of the place where it was celebrated; (formalité de mariage)

guardian

tuteur

guardian includes a person who has in law or in fact the custody or control of a child; (tuteur)

operate

conduire

operate

  • (a) means, in respect of a motor vehicle, to drive the vehicle,

  • (b) means, in respect of railway equipment, to participate in the direct control of its motion, whether

    • (i) as a member of the crew of the equipment,

    • (ii) as a person who, by remote control, acts in lieu of such crew, or

    • (iii) as other than a member or person described in subparagraphs (i) and (ii), and

  • (c) includes, in respect of a vessel or an aircraft, to navigate the vessel or aircraft; (conduire)

vessel

bateau

vessel includes a machine designed to derive support in the atmosphere primarily from reactions against the earth’s surface of air expelled from the machine. (bateau)

  • R.S., 1985, c. C-46, s. 214;
  • R.S., 1985, c. 27 (1st Supp.), s. 33, c. 32 (4th Supp.), s. 56;
  • 2002, c. 13, s. 9.
 
Date modified: