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← Back to Law ExplorerLast verified: June 2026 · Source: laws-lois.justice.gc.ca
Theft, Fraud & Property OffencesHybrid
§355

Possession of Stolen Property

Punishment

Theft & Fraud
Maximum Sentence

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

Classification: Hybrid
🍁 Immigration Impact

Possession of stolen property over $5,000 carries a 10-year maximum, constituting serious criminality under IRPA s.36(1). Under $5,000 is hybrid: if by indictment (2-year max), criminality under IRPA s.36(2); if summary, also s.36(2). No deemed rehabilitation for the 10-year variant.

🍁 In Simple Terms

The penalty side of holding stolen goods. Over $5,000 the ceiling is 10 years and the record counts as serious criminality, with no waiting period that clears it. Under $5,000 the case can take the 2 year indictable route or the summary route, and either way it reads as ordinary criminality.

Legal Text, Criminal Code s. 355

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
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