905-273-3322 or 1-877-273-3322

How I Can Help - Book an Appointment for a One Hour Consultation

Criminal Code of Canada

Theft Sections

  •  (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

    • (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;

    • (b) to pledge it or deposit it as security;

    • (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or

    • (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

  • Marginal note:Time when theft completed

    (2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.

  • Marginal note:Secrecy

    (3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.

  • Marginal note:Purpose of taking

    (4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.

  • Marginal note:Wild living creature

    (5) For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.

  • R.S., c. C-34, s. 283.

Marginal note:Oysters

  •  (1) Where oysters and oyster brood are in oyster beds, layings or fisheries that are the property of any person and are sufficiently marked out or known as the property of that person, that person shall be deemed to have a special property or interest in them.

  • Marginal note:Oyster bed

    (2) An indictment is sufficient if it describes an oyster bed, laying or fishery by name or in any other way, without stating that it is situated in a particular territorial division.

  • R.S., c. C-34, s. 284.

Marginal note:Theft by bailee of things under seizure

 Every one who is a bailee of anything that is under lawful seizure by a peace officer or public officer in the execution of the duties of his office, and who is obliged by law or agreement to produce and deliver it to that officer or to another person entitled thereto at a certain time and place, or on demand, steals it if he does not produce and deliver it in accordance with his obligation, but he does not steal it if his failure to produce and deliver it is not the result of a wilful act or omission by him.

  • R.S., c. C-34, s. 285.

Marginal note:Agent pledging goods, when not theft

 A factor or an agent does not commit theft by pledging or giving a lien on goods or documents of title to goods that are entrusted to him for the purpose of sale or for any other purpose, if the pledge or lien is for an amount that does not exceed the sum of

  • (a) the amount due to him from his principal at the time the goods or documents are pledged or the lien is given; and

  • (b) the amount of any bill of exchange that he has accepted for or on account of his principal.

  • R.S., c. C-34, s. 286.

Marginal note:Theft of telecommunication service

  •  (1) Every one commits theft who fraudulently, maliciously, or without colour of right,

    • (a) abstracts, consumes or uses electricity or gas or causes it to be wasted or diverted; or

    • (b) uses any telecommunication facility or obtains any telecommunication service.

  • (2) [Repealed, 2014, c. 31, s. 14]

  • R.S., 1985, c. C-46, s. 326;
  • 2014, c. 31, s. 14.

Marginal note:Possession, etc., of device to obtain use of telecommunication facility or telecommunication service

  •  (1) Everyone who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used for that purpose, is

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

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

  • Marginal note:Forfeiture

    (2) If a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs.

  • Marginal note:Limitation

    (3) No order for forfeiture is to be made in respect of telecommunication facilities or equipment by means of which an offence under subsection (1) is committed if they are owned by a person engaged in providing a telecommunication service to the public or form part of such a person’s telecommunication service or system and that person is not a party to the offence.

  • Definition of device

    (4) In this section, device includes

    • (a) a component of a device; and

    • (b) a computer program within the meaning of subsection 342.1(2).

  • R.S., 1985, c. C-46, s. 327;
  • 2014, c. 31, s. 15.

Marginal note:Theft by or from person having special property or interest

 A person may be convicted of theft notwithstanding that anything that is alleged to have been stolen was stolen

  • (a) by the owner of it from a person who has a special property or interest in it;

  • (b) by a person who has a special property or interest in it from the owner of it;

  • (c) by a lessee of it from his reversioner;

  • (d) by one of several joint owners, tenants in common or partners of or in it from the other persons who have an interest in it; or

  • (e) by the representatives of an organization from the organization.

  • R.S., 1985, c. C-46, s. 328;
  • 2003, c. 21, s. 4.

 [Repealed, 2000, c. 12, s. 94]

Marginal note:Theft by person required to account

  •  (1) Every one commits theft who, having received anything from any person on terms that require him to account for or pay it or the proceeds of it or a part of the proceeds to that person or another person, fraudulently fails to account for or pay it or the proceeds of it or the part of the proceeds of it accordingly.

  • Marginal note:Effect of entry in account

    (2) Where subsection (1) otherwise applies, but one of the terms is that the thing received or the proceeds or part of the proceeds of it shall be an item in a debtor and creditor account between the person who receives the thing and the person to whom he is to account for or to pay it, and that the latter shall rely only on the liability of the other as his debtor in respect thereof, a proper entry in that account of the thing received or the proceeds or part of the proceeds of it, as the case may be, is a sufficient accounting therefor, and no fraudulent conversion of the thing or the proceeds or part of the proceeds of it thereby accounted for shall be deemed to have taken place.

  • R.S., c. C-34, s. 290.

Marginal note:Theft by person holding power of attorney

 Every one commits theft who, being entrusted, whether solely or jointly with another person, with a power of attorney for the sale, mortgage, pledge or other disposition of real or personal property, fraudulently sells, mortgages, pledges or otherwise disposes of the property or any part of it, or fraudulently converts the proceeds of a sale, mortgage, pledge or other disposition of the property, or any part of the proceeds, to a purpose other than that for which he was entrusted by the power of attorney.

  • R.S., c. C-34, s. 291.

Marginal note:Misappropriation of money held under direction

  •  (1) Every one commits theft who, having received, either solely or jointly with another person, money or valuable security or a power of attorney for the sale of real or personal property, with a direction that the money or a part of it, or the proceeds or a part of the proceeds of the security or the property shall be applied to a purpose or paid to a person specified in the direction, fraudulently and contrary to the direction applies to any other purpose or pays to any other person the money or proceeds or any part of it.

  • Marginal note:Effect of entry in account

    (2) This section does not apply where a person who receives anything mentioned in subsection (1) and the person from whom he receives it deal with each other on such terms that all money paid to the former would, in the absence of any such direction, be properly treated as an item in a debtor and creditor account between them, unless the direction is in writing.

  • R.S., c. C-34, s. 292

Taking ore for scientific purpose

 No person commits theft by reason only that he takes, for the purpose of exploration or scientific investigation, a specimen of ore or mineral from land that is not enclosed and is not occupied or worked as a mine, quarry or digging.

  • R.S., c. C-34, s. 293.

Marginal note:Motor vehicle theft

  •  (1) Everyone who commits theft is, if the property stolen is a motor vehicle, guilty of an offence and liable

    • (a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years, and to a minimum punishment of imprisonment for a term of six months in the case of a third or subsequent offence under this subsection; or

    • (b) on summary conviction, to imprisonment for a term of not more than 18 months.

  • Marginal note:Subsequent offences

    (2) For the purpose of determining whether a convicted person has committed a third or subsequent offence, an offence for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings.

  • 2010, c. 14, s. 3.

Marginal note:Punishment for theft

 Except where otherwise provided by law, every one who commits theft

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or

  • (b) is guilty

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

    • (ii) of an offence punishable on summary conviction,

    where the value of what is stolen does not exceed five thousand dollars.

  • R.S., 1985, c. C-46, s. 334;
  • R.S., 1985, c. 27 (1st Supp.), s. 43;
  • 1994, c. 44, s. 20.

Possession of property obtained by crime

  •  (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from

    • (a) the commission in Canada of an offence punishable by indictment; or

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

  • Marginal note:Obliterated vehicle identification number

    (2) In proceedings in respect of an offence under subsection (1), evidence that a person has in his possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained, and that such person had the motor vehicle or part, as the case may be, in his possession knowing that it was obtained,

    • (a) by the commission in Canada of an offence punishable by indictment; or

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

  • Definition of vehicle identification number

    (3) For the purposes of subsection (2), vehicle identification number means any number or other mark placed on a motor vehicle for the purpose of distinguishing the motor vehicle from other similar motor vehicles.

  • Marginal note:Exception

    (4) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.

  • R.S., 1985, c. C-46, s. 354;
  • 1997, c. 18, s. 23.

Marginal note:Punishment

 Every one who commits an offence under section 354

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

  • (b) is guilty

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

    • (ii) of an offence punishable on summary conviction,

    where the value of the subject-matter of the offence does not exceed five thousand dollars.

  • R.S., 1985, c. C-46, s. 355;
  • R.S., 1985, c. 27 (1st Supp.), s. 49;
  • 1994, c. 44, s. 21.

Definition of traffic

 For the purposes of sections 355.2 and 355.4, traffic means to sell, give, transfer, transport, export from Canada, import into Canada, send, deliver or deal with in any other way, or to offer to do any of those acts.

  • 2010, c. 14, s. 6.

Marginal note:Trafficking in property obtained by crime

 Everyone commits an offence who traffics in any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

  • (a) the commission in Canada of an offence punishable by indictment; or

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

  • 2010, c. 14, s. 6.

Marginal note:In rem prohibition

 The importation into Canada or exportation from Canada of any property or thing or any proceeds of any property or thing is prohibited if all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

  • (a) the commission in Canada of an offence punishable by indictment; or

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

  • 2010, c. 14, s. 6.

Marginal note:Possession of property obtained by crime — trafficking

 Everyone commits an offence who has in their possession, for the purpose of trafficking, any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

  • (a) the commission in Canada of an offence punishable by indictment; or

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

  • 2010, c. 14, s. 6.

Punishment

 Everyone who commits an offence under section 355.2 or 355.4

  • (a) is, if the value of the subject matter of the offence is more than $5,000, guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or

  • (b) is, if the value of the subject matter of the offence is not more than $5,000,

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

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

  • 2010, c. 14, s. 6.

Fraud

Marginal note:Fraud

  •  (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

    • (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

    • (b) is guilty

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

      • (ii) of an offence punishable on summary conviction,

      where the value of the subject-matter of the offence does not exceed five thousand dollars.

  • Marginal note:Minimum punishment

    (1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.

  • Marginal note:Affecting public market

    (2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 380;
  • R.S., 1985, c. 27 (1st Supp.), s. 54;
  • 1994, c. 44, s. 25;
  • 1997, c. 18, s. 26;
  • 2004, c. 3, s. 2;
  • 2011, c. 6, s. 2.

Marginal note:Sentencing — aggravating circumstances

  •  (1) Without limiting the generality of section 718.2, where a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it shall consider the following as aggravating circumstances:

    • (a) the magnitude, complexity, duration or degree of planning of the fraud committed was significant;

    • (b) the offence adversely affected, or had the potential to adversely affect, the stability of the Canadian economy or financial system or any financial market in Canada or investor confidence in such a financial market;

    • (c) the offence involved a large number of victims;

    • (c.1) the offence had a significant impact on the victims given their personal circumstances including their age, health and financial situation;

    • (d) in committing the offence, the offender took advantage of the high regard in which the offender was held in the community;

    • (e) the offender did not comply with a licensing requirement, or professional standard, that is normally applicable to the activity or conduct that forms the subject-matter of the offence; and

    • (f) the offender concealed or destroyed records related to the fraud or to the disbursement of the proceeds of the fraud.

  • Marginal note:Aggravating circumstance — value of the fraud

    (1.1) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 382, 382.1 or 400, it shall also consider as an aggravating circumstance the fact that the value of the fraud committed exceeded one million dollars.

  • Marginal note:Non-mitigating factors

    (2) When a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it shall not consider as mitigating circumstances the offender’s employment, employment skills or status or reputation in the community if those circumstances were relevant to, contributed to, or were used in the commission of the offence.

  • Marginal note:Record of proceedings

    (3) The court shall cause to be stated in the record the aggravating and mitigating circumstances it took into account when determining the sentence.

  • 2004, c. 3, s. 3;
  • 2011, c. 6, s. 3.

Marginal note:Prohibition order

  •  (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection 380(1), the court that sentences or discharges the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from seeking, obtaining or continuing any employment, or becoming or being a volunteer in any capacity, that involves having authority over the real property, money or valuable security of another person.

  • Marginal note:Duration

    (2) The prohibition may be for any period that the court considers appropriate, including any period to which the offender is sentenced to imprisonment.

  • Marginal note:Court may vary order

    (3) A court that makes an order of prohibition or, if the court is for any reason unable to act, another court of equivalent jurisdiction in the same province, may, on application of the offender or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, that court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances.

  • Marginal note:Offence

    (4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

    • (b) an offence punishable on summary conviction.

  • 2011, c. 6, s. 4.

 [Repealed, 2015, c. 13, s. 11]

 [Repealed, 2015, c. 13, s. 11]

 

 

 

List of Young Offenders Debates

 

Privacy

Copyright 2018 Stephen Biss

 

 

Stephen R. Biss, Barrister & Solicitor

470 Hensall Circle, Suite 303
Mississauga, Ontario
L5A 3V4

905-273-3322  or 1-877-273-3322

 


Advertisement. Any legal opinions expressed at this site relate to the Province of Ontario, Canada only. If you reside or carry on business in any other jurisdiction please consult a lawyer, solicitor, or attorney in your own jurisdiction. WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The author disclaims any and all liability resulting from reliance upon such information. You are strongly encouraged to seek and retain professional legal advice before relying upon any of the information contained herein.