Vancouver Employee Offence Laws
Laws On Crimes Against Employers
Theft from an employer is typically charged as “theft under” or “theft over” depending on the value of the property stolen. “Theft under” and “theft over” refer to the offence of theft set out in Section 334 of the Criminal Code.
Section 334 of the Criminal Code reads as follows:
334. Except where otherwise provided by law, every one who commits theft
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where … the value of what is stolen 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 what is stolen does not exceed five thousand dollars.
Theft from an employer can also result in fraud charges if the means of committing the theft involves deception.
Section 380 of the Criminal Code sets out the general offence of fraud as follows:
380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of the 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 imprisonment for a term not exceeding fourteen years, where … 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 what is stolen does not exceed five thousand dollars.