Criminal Code (R.S.C., 1985, c. C-46)

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

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.1Instruments and Literature for Illicit Drug Use

Interpretation

Marginal note:Definitions

 In this Part,

consume

consommer

consume includes inhale, inject into the human body, masticate and smoke; (consommer)

illicit drug

drogue illicite

illicit drug means a controlled substance or precursor the import, export, production, sale or possession of which is prohibited or restricted pursuant to the Controlled Drugs and Substances Act; (drogue illicite)

illicit drug use

utilisation de drogues illicites

illicit drug use means the importation, exportation, production, sale or possession of a controlled substance or precursor contrary to the Controlled Drugs and Substances Act or a regulation made under that Act; (utilisation de drogues illicites)

instrument for illicit drug use

instrument pour l’utilisation de drogues illicites

instrument for illicit drug use means anything designed primarily or intended under the circumstances for consuming or to facilitate the consumption of an illicit drug, but does not include a device as that term is defined in section 2 of the Food and Drugs Act; (instrument pour l’utilisation de drogues illicites)

literature for illicit drug use

documentation pour l’utilisation de drogues illicites

literature for illicit drug use means any printed matter or video describing or depicting, and designed primarily or intended under the circumstances to promote, encourage or advocate, the production, preparation or consumption of illicit drugs; (documentation pour l’utilisation de drogues illicites)

sell

vendre

sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration. (vendre)

  • R.S., 1985, c. 50 (4th Supp.), s. 1;
  • 1996, c. 19, s. 67.

Offence and Punishment

Marginal note:Offence

 Every one who knowingly imports into Canada, exports from Canada, manufactures, promotes or sells instruments or literature for illicit drug use is guilty of an offence and liable on summary conviction

  • (a) for a first offence, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both; or

  • (b) for a second or subsequent offence, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding one year or to both.

  • R.S., 1985, c. 50 (4th Supp.), s. 1.

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

    infraction désignée

    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

    juge

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

    proceeds of crime

    produits de la criminalité

    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).

  • Marginal note:Powers of Attorney General of Canada

    (3) Despite the definition Attorney General in section 2, the Attorney General of Canada may

    • (a) exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of a designated offence if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act; and

    • (b) conduct proceedings and exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of

      • (i) an offence referred to in section 354, 355.2, 355.4 or 462.31, if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament, other than this Act, or a regulation made under such an Act, and

      • (ii) an offence under subsection 462.33(11) if the restraint order was made on application of the Attorney General of Canada.

  • Marginal note:Powers of Attorney General of a province

    (4) Subsection (3) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of a designated offence or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.

  • 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.

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 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).
 
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