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Section 366, 368 – Forgery (Making, Use of, Traffic, Possessing)

Many sections of the criminal code deal with Forgery and counterfeiting, and investigators are encouraged to check the criminal code to see if there are specific sections of the Criminal Code pertaining to the item that is the subject of the investigation.

Forgery in Section 366 and 368 are the most general sections of the Criminal Code pertaining to forgery

Statutory Wording for Forgery

Section 366 – Forgery

(1) Every one commits forgery who makes a false document, knowing it to be false, with intent

(a) that it should in any way be used or acted upon as genuine, to the prejudice of any one whether within Canada or not, or

(b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

Use, trafficking or possession of forged document

 Section 368. (1) Everyone commits an offence who, knowing or believing that a document is forged,

(a) uses, deals with or acts on it as if it were genuine;

(b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine;

(c) transfers, sells or offers to sell it or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or

(d) possesses it with intent to commit an offence under any of paragraphs (a) to (c).

Related Links:

Elements of Forgery and Counterfeiting Offences