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← Back to Law ExplorerLast verified: June 2026 · Source: laws-lois.justice.gc.ca
Theft, Fraud & PropertyHybrid
§334

Punishment for Theft

Punishment for theft

Theft & Fraud
Maximum Sentence

10 years (over $5,000) / 2 years (under $5,000)

Classification: Hybrid
🍁 Immigration Impact

The value of the stolen property determines the immigration impact. Over $5,000: serious criminality under IRPA s.36(1). Under $5,000: criminality under s.36(2): deemed rehabilitation available after 10 years.

🍁 In Simple Terms

This is where the price of a theft gets set, and the $5,000 line does all the work. Above it the ceiling is 10 years, which Canada reads as serious criminality. Below it the ceiling is 2 years, ordinary criminality, and deemed rehabilitation can become available 10 years after the sentence ended.

Legal Text, Criminal Code s. 334

Except where otherwise provided by law, every one who commits theft (a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or (ii) an offence punishable on summary conviction; or (b) if the value of what is stolen is not more than $5,000, 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.

Amendment History (4)
R.S., 1985, c. C-46, s. 334
R.S., 1985, c. 27 (1st Supp.), s. 43
1994, c. 44, s. 20
2019, c. 25, s. 122
Related Sections
Official Source: Justice Canada: Criminal Code s. 334 (authoritative, may differ from this display)
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