The offence of falsifying an employment record is outlined in section 398 of the Criminal Code.
A person commits the offence of falsifying an employment record when they, intending to deceive, falsify an employment record in any way, including by punching a time clock.
Person A signs into their shift two hours before they actually start working every day for a month.
Person B alters their Record of Employment before submitting it to Service Canada to have it indicate that she worked more hours than she did, making herself eligible to receive additional government benefits.
Person C alters their employment file to indicate that she has never been officially disciplined by senior management, despite being disciplined several times, to receive a letter of recommendation from the company’s CEO for future employment.
Offence Specific Defence(s)
Lack of Intention
Where the person accidentally makes an alteration to their employment record or does not realize that they have done so, they may not have completed the offence of falsifying an employment record.
For example, where person A genuinely forgets to punch out of work one day, she has not completed the offence of falsifying an employment record.
Not an Employment Record
Where the document falsified is not an employment record, the person has not completed the offence of falsifying an employment record.
Where the creation or alteration of the employment record is truthful and not falsified, the person creating or altering it has not completed the offence of falsifying an employment record.