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Bill C-299

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C-299

First Session, Thirty-ninth Parliament,

55-56 Elizabeth II, 2006-2007

HOUSE OF COMMONS OF CANADA

BILL C-299

An Act to amend the Criminal Code (identification information obtained by fraud or false pretence)

Reprinted as amended by the Standing Committee on Justice and Human Rights as a working copy for the use of the House of Commons at Report Stage and as reported to the House on February 28, 2007

Mr. Rajotte

391289

SUMMARY

This enactment amends the Criminal Code to create the following criminal offences:

(a) obtaining personal information from a third party by a false pretence or by fraud;

(b) counselling a person to obtain personal information from a third party by a false pretence or by fraud; and

It also amends the criminal offence of “personation with intent” to include fraudulent personation with intent to obtain any record containing personal information about a third party.

As well, the enactment amends the Canada Evidence Act to prohibit the admission into evidence of any personal information obtained by fraud, false pretence or fraudulent personation.

Finally, it amends the Competition Act to

(a) characterize the business of fraudulently obtaining personal information as an illegal trade practice;

(b) characterize the promotion of a product that is provided by means of fraud, false pretence or fraudulent personation as a false or misleading representation to the public; and

(c) provide for the recovery of damages from corporations within Canada affiliated with corporations outside Canada that have obtained personal information from third parties in Canada by fraud, false pretence, or personation.

Also available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca

1st Session, 39th Parliament,

55-56 Elizabeth II, 2006-2007

house of commons of canada

BILL C-299

An Act to amend the Criminal Code (identification information obtained by fraud or false pretence)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46

CRIMINAL CODE

1. [Deleted]

2. (1) Subsection 362(1) of the Criminal Code is amended by striking out the word “or” at the end of paragraph (c) and by adding the following after paragraph (d):

(e) obtains identification information from any person by a false pretence or by fraud with intent to use the information to commit an offence under section 380 or 403; or

(f) sells or otherwise discloses identification information obtained from any person by a false pretence or by fraud knowing that the information is intended to be used to commit an offence under section 380 or 403.

(1.1) Section 362 of the Act is amended by adding the following after subsection (1):

Definition of “identification information”

(1.1) In subsection (1), “identification information” means information about any person, living or dead, that is capable of being used, whether alone or in conjunction with other information, to identify that person.

(2) Section 362 of the Act is amended by adding the following after subsection (3):

Punishment

(3.1) Every one who commits an offence under paragraph (1)(e) or (f)

(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.

3. [Deleted]

R.S., c. C-5

CANADA EVIDENCE ACT

4. [Deleted]

R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19

COMPETITION ACT

5. [Deleted]