10 years (indictable) / 2 years less a day (summary)
Both offences in this section, possession of break-in instruments and being masked or disguised with intent to commit an indictable offence, are hybrid with a 10-year indictable maximum. Ten years meets the at-least-10-years test in IRPA s.36(1)(a), so a conviction is serious criminality, and s.36(3)(a) deems the offence indictable even where it was prosecuted summarily. Deemed rehabilitation is not available at a 10-year maximum. Neither offence requires that a break-in or the intended offence actually occurred.
Carrying tools meant for breaking in, or going masked or disguised while planning a crime. Both versions carry 10 years, exactly where serious criminality begins. Nothing has to be broken into and no other crime has to happen, because the equipment and the intention are the whole offence.
(1) Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose, (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. (2) Every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction.