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Fraud

  • 380 (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.

 

According to Section 380 of the Code, anybody who defrauds the public or an individual of money or property by using "deceit, falsehood or other fraudulent means" may face fraud charges. The Criminal Code lists many different kinds of fraud accusations; the most prevalent ones and their associated punishments are given here.

Over $5,000 in fraud
According to Section 380 of the Code, fraud exceeding $5,000 is punishable by up to 14 years in prison and is considered an indictable offence. It is considered an indictable offence with a potential penalty of 14 years if the court finds that you intended to affect the market price of stocks, shares, or anything else that is put up for sale to the general public.

Under $5,000 Fraud
The Crown may choose to treat the alleged fraud as a summary conviction with a less severe sentence if the value of the offence is less than $5,000.

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