Criminal Code

s. 351 Possession of Break-in Instruments and Disguise with Intent

Possession of break-in instrument

Theft, Fraud & Property
Theft & Fraud

Maximum sentence: 10 years (indictable) / 2 years less a day (summary)
Classification: Hybrid

Last verified: June 2026 · Source: laws-lois.justice.gc.ca

The law says

Criminal Code s. 351

Verify on justice.gc.ca

(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.

Amendment History (5)

R.S., 1985, c. C-46, s. 351
R.S., 1985, c. 27 (1st Supp.), s. 48
2008, c. 18, s. 9
2018, c. 29, s. 37
2019, c. 25, s. 128

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Immigration

Where this offence sits under IRPA

This section has two offences. One is having tools for breaking in. The other is being masked or disguised with intent to commit an indictable offence. Both are hybrid. On indictment, the top sentence is 10 years. 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) treats the offence as indictable even when the Crown chose the summary track. Deemed rehabilitation is not available at a 10-year maximum. The route is a record suspension for a conviction in Canada (s.36(3)(b)), or an application to be found rehabilitated for one outside Canada (s.36(3)(c)). Neither offence needs a break-in, or the planned offence, to have actually happened.

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.