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Criminal Code

s. 355 Possession of Stolen Property

Punishment

  • Theft, Fraud & Property Offences
  • Theft & Fraud
Maximum sentence
10 years (over $5,000, indictable) / 2 years ($5,000 or less, indictable) / summary
Classification
Hybrid

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

The law says

Criminal Code s. 355
Verify on justice.gc.ca(opens in a new tab)

Every one who commits an offence under section 354 (a) if the subject matter of the offence is a testamentary instrument or the value of the subject matter of the offence 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 the subject matter of the offence 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. 355
  • R.S., 1985, c. 27 (1st Supp.), s. 49
  • 1994, c. 44, s. 21
  • 2019, c. 25, s. 131

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

Immigration

Where this offence sits under IRPA

Having stolen property worth over $5,000 carries a top sentence of 10 years. That makes it serious criminality under IRPA s.36(1). At $5,000 or less, the offence is hybrid. On indictment the top sentence is 2 years, and a conviction is criminality under IRPA s.36(2) (foreign nationals only). On the summary track, it is also s.36(2). There is no deemed rehabilitation for the 10-year version. 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)).

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

IRPA sections involved

Related sections

Criminal Code s. 354Possession of Property Obtained by CrimeHybridCriminal Code s. 334Punishment for TheftHybridCriminal Code s. 344RobberyIndictable