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Criminal Code

s. 354 Possession of Property Obtained by Crime

Possession of property obtained by crime

  • Miscellaneous Immigration-Relevant
  • Theft & Fraud
  • Organized Crime
Maximum sentence
10 years (over $5,000) / 2 years ($5,000 or less)
Classification
Hybrid

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

The law says

Criminal Code s. 354
Verify on justice.gc.ca(opens in a new tab)
  • (1)Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment; or
  • (b)an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
  • (2)In proceedings in respect of an offence under subsection (1), evidence that a person has in their possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained, (a) by the commission in Canada of an offence punishable by indictment; or
  • (b)by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
  • (3)For the purposes of subsection (2), vehicle identification number means any number or other mark placed on a motor vehicle for the purpose of distinguishing the motor vehicle from other similar motor vehicles.
  • (4)A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
Amendment History (3)
  • R.S., 1985, c. C-46, s. 354
  • 1997, c. 18, s. 23
  • 2018, c. 29, s. 39

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

Immigration

Where this offence sits under IRPA

This offence is hybrid. Having proceeds of crime worth over $5,000 is serious criminality under IRPA s.36(1). If it is tied to organized crime, it may also bring in a second ground, organized criminality under IRPA s.37.

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

IRPA sections involved