Marked notes, altered currency, etc.

News: Welcome to the Canadian Paper Money Forum.

This post is an offshoot of the "double denomination note" thread in the Errors forum.  I've moved over here because it's now off-topic for that forum.

I can tell to all of you that it's FALSE.  In our local coin club, we recently had a presentation by two RCMP members about bogus and counterfeited notes.  Very interesting.  I asked them what about an altered note?  A note which had an treatment to remove any part of the design?  or a note with any writing on it?    They told me that ANY voluntarly altered note is illegal.  And that's apply to any design stamped, written, or printed by any means on it.

I would have to counter that claim made by the RCMP.

I have been a participant on the Where's Willy?  note tracking site for a few years, and the topic of whether or not it is legal to mark, rubber stamp, inkjet print, or write on our notes has come up countless times.  After several e-mail conversations with the Bank of Canada, and after compiling a bunch of info from other sources, I put together this page, for the benefit of Where's Willy? users, that explains the legality of it all:

http://www3.telus.net/gavinlg/ww-law.html

Based on my knowledge of the subject, the "double denomination" example posted in the Errors forum is technically not illegal in and of itself.  One member of this board even made one himself just to see if he could.  Nothing illegal about that either.  Unfit for circulation, yes; but illegal, no.

As for the legality of passing such an altered note off as a genuine error, in my humble non-lawyer's opinion, that would unquestionably be illegal.  However, it would be illegal under the sections of the law that deal with fraud, not under any sections that have to do with currency.

I have personally marked over 3,000 notes like the one below (serial number edited so you don't go and enter it on WW yourself!) and the authorities have not come looking for me yet!

Interestingly many years ago before i was even a member on this site i got a $10 bill in my change (here in montreal) with exactly the same thing as you wrote on that $20 bill above. Was wondering who wrote that and what it meant... Now i know who it is!!!  

Interestingly many years ago before i was even a member on this site i got a $10 bill in my change (here in montreal) with exactly the same thing as you wrote on that $20 bill above. Was wondering who wrote that and what it meant... Now i know who it is!!!  

I've recieved a $5 bill and a $100 bill with the same message here in Mississauga, Ontario. However, it stood out more, as the URL was actually highlighted.

Thats a interesting read and im suprised I have yet to get one of your bazillion $5 bills. (I use cdn-money.ca )

I'm a bit surprised by this affirmation about the legality of altered notes since its contradicts what the RCMP officers had told us.

However, I don't believe that these officers have lied us, but it's possible that they have a bit exaggerated and interpreted a bit too litterally the law in order  to discourage any of us members of a coin club to alters too many notes...

Or simply they were  a bit out-of-date... :-/

Yes it is illegal to mark notes and alter currencies. Please refer to the Criminal Code.

Art. 366.2 (a), (b) and (c)
Art. 367
Art. 369 (a)(i) and (b)



Forgery and Offences Resembling Forgery

Forgery
366. (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 on 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.

Making false document
(2) Making a false document includes

(a) altering a genuine document in any material part;

(b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or

(c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.
When forgery complete
(3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything.

Forgery complete though document incomplete
(4) Forgery is complete notwithstanding that the false document is incomplete or does not purport to be a document that is binding in law, if it is such as to indicate that it was intended to be acted on as genuine.

R.S., c. C-34, s. 324.

Punishment for forgery
367. Every one who commits forgery

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 367; 1994, c. 44, s. 24; 1997, c. 18, s. 24.


Exchequer bill paper, public seals, etc.
369. Every one who, without lawful authority or excuse, the proof of which lies on him,

(a) makes, uses or knowingly has in his possession

(i) any exchequer bill paper, revenue paper or paper that is used to make bank-notes, or

(ii) any paper that is intended to resemble paper mentioned in subparagraph (i),

(b) makes, offers or disposes of or knowingly has in his possession any plate, die, machinery, instrument or other writing or material that is adapted and intended to be used to commit forgery, or

(c) makes, reproduces or uses a public seal of Canada or of a province, or the seal of a public body or authority in Canada, or of a court of law,

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

R.S., c. C-34, s. 327.

Bitburger,

I do not read anything in what you posted that indicates marking bank notes is illegal.   Your posting (very informative, by the way) explains how forgery is illegal.

I agree that altering a note to make it look like something that it's not would be forgery, and illegal.  
For example, adding a zero to a $10 note to make it look like a $100 note, and attempting to pass it off as a $100 note, would be forgery and therefore illegal.  

A rubber stamp or handwriting on a bank note, as done by bank note tracking hobbyists (including me) would not be forgery, and therefore not illegal under any of the criminal code sections which you posted.

I think the definition of "material" is important in this context.  Merriam Webster define material as "2 : having real importance or great consequences".  If marking a note has no consequences to it's value as currency, I wouldn't call it forgery.

Yes Seth you are right if you refer to Art. 366.2 (a), (b) and (c). For those articles, it is not a crime to mark note for hobby except if you pass a 10$ for a 100$ or if you remove a serial number for example.
But if you read carefuly the article 369 (a)(i). It is STRICTLY forbidden to USE paper that is used to make bank-notes. When you write down a www. adress to follow a bill for your hobby you are using paper money for another purpose and this is illegal. You CANNOT in ANY case use paper money. You cannot take paper money to make toilet paper, you cannot take paper money to write your telephone numbers, you CANNOT USE it even if the Bank of Canada has printed a 5$ on the paper as a matter. The law is very clear for this article.

I am looking also in my books for another article existing in the law. Writing on a note make it NO LONGER LEGAL TENDER. That's in a law also. I will provide you soon the article.  

It is STRICTLY forbidden to USE paper that is used to make bank-notes.

You are interpreting this incorrectly.  

This section is providing a mechanism to police and crown attornies to reduce the burden of proof if a counterfeiter is appreheneded.  If the accused has in his possession banknote quality paper, and any of the tools which may be USED to make banknotes and there is evidence that he has done so, they can proceed with a prosecution.  Otherwise they would only be able to convict if completed forged currency was apprehended along with the accused.

It is very common for business people to count a stack of notes and write the number of notes on the top note in the stack.  Is this illegal?

Eyevet

It is very common for business people to count a stack of notes and write the number of notes on the top note in the stack.  Is this illegal?

No. It is not illegal because it is not MENS REA, but overmark thousand banknotes YES it is illegal.

Mens rea : Actus non facit reum, nisi mens sit rea An act does not render a person guilty unless he has criminel intent.

Try to explain to a judge you had no criminel intent to mark with a pen Legal Tender documents knowingly you were making them unfit to circulation. I am sure you are going to be found guilty.

If you read the French version. There's no doubt it is illegal. One should not ignore the french version of Article 369 Refer you to case law : R. c. Mac,  [2002] 1 R.C.S. 856

In french:

Quiconque, sans autorisation ni excuse légitime, dont la preuve lui incombe, selon le cas :

a) fait, utilise ou sciemment a en sa possession :

(i) soit du papier de bons du Trésor, papier du revenu ou papier employé pour billets de banque.



This section is providing a mechanism to police and crown attornies to reduce the burden of proof if a counterfeiter is appreheneded.  If the accused has in his possession banknote quality paper, and any of the tools which may be USED to make banknotes and there is evidence that he has done so, they can proceed with a prosecution.  Otherwise they would only be able to convict if completed forged currency was apprehended along with the accused.


True, but rules also Paper money use and not only as a matter. Paper money is a legal tender document. Please refer to article 321 in PART IX
OFFENCES AGAINST RIGHTS OF PROPERTY
It is not our propriety. You cannot modify a document without authorization. Refer you to (a) (i) BoC must authorize you to modify their bills. Forgery implies according to the law 'false documents' the definition is :

false document" means a document

(a) the whole or a material part of which purports to be made by or on behalf of a person

(i) who did not make it or authorize it to be made, or

(ii) who did not in fact exist,

(b) that is made by or on behalf of the person who purports to make it but is false in some material particular,

(c) that is made in the name of an existing person, by him or under his authority, with a fraudulent intention that it should pass as being made by a person, real or fictitious, other than the person who makes it or under whose authority it is made;

I can convict also with Article 340
Please refer you to Article 340.

340. Every one who, for a fraudulent purpose, destroys, cancels, conceals or obliterates

(a) a document of title to goods or lands,

(b) a valuable security or testamentary instrument, or

(c) a judicial or official document,

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

R.S., c. C-34, s. 300.¸

Vandalism is a criminal purpose.

Thanks

Wow, is this ever getting boring. Sorry guys, but in my opinion, we're making way too big a deal about this. As far as I'm concerned, go right ahead and stamp your notes. When you get to the point of defacing currency, or fraudulently altering currency, then you ought to be hogtied and dragged down Yonge Street behind a streetcar.

I'm sure many people have gotten these 'marked' bills for ATM's. So if it were illegal, why do banks give them back out. Shouldn't they be withdrawn like counterfeit notes?

I wonder how the BOC would feel if I was to scan a high res image of one side of a bill from the 1937 series and replace the Kings portrait with my own, so I could use it as wall paper on my computer....

Well, then the BoC could get you on reproduction of banknote laws, and/or copyright laws (if they found out).