Identity Theft and Fraud

Section 402.2 (1) of the Criminal Code makes it a crime for you to obtain or possess another person's identity information with the intention of using it to commit an indictable offenceA more serious type of Canadian criminal offence. such as fraud or theft. Subsection 2 of that charge makes it an offence for you to sell or offer someone else's identity information, knowing that it may be used for an indictable offence. You can also be charged under this subsection if you are reckless about knowing what the identity information is to be used for. Common examples would be to create documents such as fraudulent passports, certificates of citizenship, credit cards or any other forged documents.

For both Identity theft and for Identity fraud, the Code states that "identity information" can be anything used alone or in combination with other information to identify, or purport to identify, an individual. Examples given include a fingerprint, voice print, DNA profile, digital signature, credit card number, health insurance number or a driver's licence.

Section 403 (1) of the Code makes it an offence to fraudulently impersonate another person, living or dead, in order to gain property or financial benefit. You can also be charged if you impersonate someone with the intention of avoiding arrest or to obstruct the course of justice.

According to information from the Canadian Anti-Fraud Centre, as of July 31, 2021 more than 32,000 Canadians reported they were victims of fraud in 2021, losing $130 million to the crime.

For a Crown prosecutor to win an identity theft conviction, the court must be satisfied beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you purposely possessed someone’s personal information with the intention of using it to obtain goods, services, or anything of value.

With identity fraud, the Crown has to prove that you purposely impersonated another person for your own financial benefit or to mislead investigators. With both charges, the Crown must prove that you knew your actions were illegal and they would cause someone else to suffer a monetary loss or deprivation of some variety.

A hybrid offenceAn offence the Crown can proceed with summarily or by indictment. falls between a summary and an indictable offence.

If you have been charged with identity theft, the Crown can prosecute it as an indictable offence with the maximum penalty of five years in prison. It can also be handled as a summary convictionLess-serious criminal offences, with a maximum penalty of two years less a day in jail.

If you have been charged with identity fraud, the maximum penalty is 10 years in prison if it is treated as an indictable offence, or two years less a day in jail if the charge is handled as a summary conviction.

"Impersonation" can describe more than one offence. Identity fraud under the Criminal Code deals with fraudulently personating another person to gain an advantage, obtain property, or obstruct justice.

Personating a peace officerPeople involved in upholding justice or a public officer is a separate offence with different elements. If you were searching for pretending to be a police officer, see our Personating a Peace Officer or Public Officer page.