Criminal Code (R.S.C., 1985, c. C-46) (original) (raw)

PART IIOffences Against Public Order (continued)

Treason and other Offences against the Queen’s Authority and Person (continued)

Marginal note:Limitation

• 48 (1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.

• Marginal note:Information for treasonable words
  (2) No proceedings shall be commenced under section 47 in respect of an overt act of treason expressed or declared by open and considered speech unless

  • (a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within six days after the time when the words are alleged to have been spoken; and
  • (b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.

• R.S., c. C-34, s. 48

• 1974-75-76, c. 105, s. 29

Prohibited Acts

49 [Repealed, 2018, c. 29, s. 1]

Marginal note:Assisting alien enemy to leave Canada, or omitting to prevent treason

• 50 (1) Every one commits an offence who

  • (a) incites or wilfully assists a subject of
    * (i) a state that is at war with Canada, or
    * (ii) a state against whose forces Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the state whose forces they are,

  to leave Canada without the consent of the Crown, unless the accused establishes that assistance to the state referred to in subparagraph (i) or the forces of the state referred to in subparagraph (ii), as the case may be, was not intended thereby; or

  • (b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.

• Marginal note:Punishment
  (2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

• R.S., c. C-34, s. 50

• 1974-75-76, c. 105, s. 29

Marginal note:Intimidating Parliament or legislature

51 Every one who does an act of violence in order to intimidate Parliament or the legislature of a province is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

• R.S., c. C-34, s. 51

Marginal note:Sabotage

• 52 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who does a prohibited act with the intent to endanger

  • (a) the safety, security or defence of Canada, or
  • (b) the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada.

• Definition of prohibited act
  (2) In this section, prohibited act means an act or omission that

  • (a) impairs the efficiency or impedes the working of any vessel, vehicle, aircraft, machinery, apparatus or other thing; or
  • (b) causes property, by whomever it may be owned, to be lost, damaged or destroyed.

• Marginal note:Saving
  (3) No person does a prohibited act within the meaning of this section by reason only that

  • (a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;
  • (b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or
  • (c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

• Marginal note:Idem
  (4) No person does a prohibited act within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

• Marginal note:For greater certainty
  (5) For greater certainty, no person commits an offence under subsection (1) if they do a prohibited act while participating in advocacy, protest or dissent but they do not intend to cause any of the harms referred to in paragraphs (1)(a) and (b).

• R.S., 1985, c. C-46, s. 52

• 2019, c. 25, s. 6

• 2024, c. 16, s. 60

Marginal note:Sabotage — essential infrastructure

• 52.1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who interferes with access to an essential infrastructure or causes an essential infrastructure to be lost, inoperable, unsafe or unfit for use with the intent to

  • (a) endanger the safety, security or defence of Canada;
  • (b) endanger the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada; or
  • (c) cause a serious risk to the health or safety of the public or any segment of the public.

• Marginal note:Definition of essential infrastructure
  (2) In this section, essential infrastructure means a facility or system, whether public or private, completed or under construction, that provides or distributes — or is intended to provide or distribute — services that are essential to the health, safety, security or economic well-being of persons in Canada, including the following:

  • (a) transportation infrastructure;
  • (b) information and communication technology infrastructure;
  • (c) water and wastewater management infrastructure;
  • (d) energy and utilities infrastructure;
  • (e) health services infrastructure;
  • (f) food supply and food services infrastructure;
  • (g) government operations infrastructure;
  • (h) financial infrastructure; and
  • (i) any other infrastructure prescribed by regulations.

• Marginal note:Saving — stop work
  (3) No person commits an offence under subsection (1) by reason only that

  • (a) they stop work as a result of the failure of their employer and themselves to agree on any matter relating to their employment;
  • (b) they stop work as a result of the failure of their employer and a bargaining agent acting on their behalf to agree on any matter relating to their employment; or
  • (c) they stop work as a result of their taking part in a combination of workers or employees for their own reasonable protection as workers or employees.

• Marginal note:Saving — obtaining or communicating information
  (4) No person commits an offence under subsection (1) by reason only that they attend at or near or approach a dwelling-house or place for the purpose only of obtaining or communicating information.

• Marginal note:For greater certainty
  (5) For greater certainty, no person commits an offence under subsection (1) if they interfere with access to an essential infrastructure or cause an essential infrastructure to be lost, inoperable, unsafe or unfit for use while participating in advocacy, protest or dissent but they do not intend to cause any of the harms referred to in paragraphs (1)(a) to (c).

• Marginal note:Regulations
  (6) The Governor in Council may make regulations prescribing any infrastructure for the purpose of paragraph (i) of the definition essential infrastructure in subsection (2).

• 2024, c. 16, s. 61

Marginal note:Sabotage — device

• 52.2 (1) Every person commits an offence who makes, possesses, sells or distributes a device intending that it be used or knowing that it will be used, in whole or in part, to carry out an offence under subsection 52(1) or 52.1(1).

• Marginal note:Punishment
  (2) Every person 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:Definition of device
  (3) For the purposes of this section, device includes a computer program as defined in subsection 342.1(2).

• 2024, c. 16, s. 61

Marginal note:Attorney General’s consent

52.3 No proceeding for an offence under subsection 52(1), 52.1(1) or 52.2(1) shall be instituted without the Attorney General’s consent.

• 2024, c. 16, s. 61

Marginal note:Inciting to mutiny

53 Every one who

• (a) attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or
• (b) attempts to incite or to induce a member of the Canadian Forces to commit a traitorous or mutinous act,

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

• R.S., c. C-34, s. 53

Marginal note:Assisting deserter

54 Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces is guilty of an offence punishable on summary conviction, but no proceedings shall be instituted under this section without the consent of the Attorney General of Canada.

• R.S., c. C-34, s. 54

Marginal note:Evidence of overt acts

55 In proceedings for an offence against any provision in section 47 or sections 50 to 53, evidence of an overt act is not admissible unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out in the indictment.

• R.S., 1985, c. C-46, s. 55
• 2018, c. 29, s. 2

Marginal note:Offences in relation to members of R.C.M.P.

56 Every one who wilfully

• (a) persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave,
• (b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave, or
• (c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is about to desert or absent himself without leave,

is guilty of an offence punishable on summary conviction.

• R.S., 1985, c. C-46, s. 56
• R.S., 1985, c. 27 (1st Supp.), s. 8

Official Documents

Marginal note:Identity documents

• 56.1 (1) Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in part, to another person.

• Marginal note:For greater certainty
  (2) For greater certainty, subsection (1) does not prohibit an act that is carried out

  • (a) in good faith, in the ordinary course of the person’s business or employment or in the exercise of the duties of their office;
  • (b) for genealogical purposes;
  • (c) with the consent of the person to whom the identity document relates or of a person authorized to consent on behalf of the person to whom the document relates, or of the entity that issued the identity document; or
  • (d) for a legitimate purpose related to the administration of justice.

• Definition of identity document
  (3) For the purposes of this section, identity document means a Social Insurance Number card, a driver’s licence, a health insurance card, a birth certificate, a death certificate, a passport as defined in subsection 57(5), a document that simplifies the process of entry into Canada, a certificate of citizenship, a document indicating immigration status in Canada, a certificate of Indian status or an employee identity card that bears the employee’s photograph and signature, or any similar document, issued or purported to be issued by a department or agency of the federal government or of a provincial or foreign government.

• Marginal note:Punishment
  (4) Every person 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 five years; or
  • (b) is guilty of an offence punishable on summary conviction.

• 2009, c. 28, s. 1

Marginal note:Forgery of or uttering forged passport

• 57 (1) Every one who, while in or out of Canada,
  • (a) forges a passport, or
  • (b) knowing that a passport is forged
    * (i) uses, deals with or acts on it, or
    * (ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,

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

• Marginal note:False statement in relation to passport
  (2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the purpose of procuring any material alteration or addition to any such passport, makes a written or an oral statement that he knows is false or misleading

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Possession of forged, etc., passport
  (3) Every person who, without lawful excuse, has in their possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or
  • (b) an offence punishable on summary conviction.

• Marginal note:Special provisions applicable
  (4) For the purposes of proceedings under this section,

  • (a) the place where a passport was forged is not material; and
  • (b) the definition false document in section 321, and section 366, apply with such modifications as the circumstances require.

• Marginal note:Definition of passport
  (5) In this section, passport has the same meaning as in section 2 of the Canadian Passport Order.

• Marginal note:Jurisdiction
  (6) Where a person is alleged to have committed, while out of Canada, an offence under this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

• Marginal note:Appearance of accused at trial
  (7) For greater certainty, the provisions of this Act relating to

  • (a) requirements that an accused appear at and be present during proceedings, and
  • (b) the exceptions to those requirements,
    apply to proceedings commenced in any territorial division pursuant to subsection (6).

• R.S., 1985, c. C-46, s. 57

• R.S., 1985, c. 27 (1st Supp.), s. 9

• 1992, c. 1, s. 60(F)

• 1994, c. 44, s. 4

• 1995, c. 5, s. 25

• 2013, c. 40, s. 174

• 2018, c. 29, s. 3

• 2019, c. 25, s. 7