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← Back to Law ExplorerLast verified: June 2026 · Source: laws-lois.justice.gc.ca
Theft, Fraud & Property OffencesHybrid
§366

Forgery

Theft & Fraud
Maximum Sentence

10 years (indictable) / 2 years less a day (summary)

Classification: Hybrid
🍁 In Simple Terms

Making a fake document meant to be taken as the real thing. The serious route carries 14 years, so a conviction is serious criminality no matter how the case was actually handled. Forged passports, permits, and immigration forms are the version officers see most, and no amount of waiting clears a record at that level.

Legal Text, Criminal Code s. 366

(1) Every one commits forgery who makes a false document, knowing it to be false, with intent (a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or (b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not. (2) Making a false document includes (a) altering a genuine document in any material part; (b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or (c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way. (3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything. (4) Forgery is complete notwithstanding that the false document is incomplete or does not purport to be a document that is binding in law, if it is such as to indicate that it was intended to be acted on as genuine. (5) No person commits forgery by reason only that the person, in good faith, makes a false document at the request of a police force, the Canadian Forces or a department or agency of the federal government or of a provincial government.

Amendment History (2)
R.S., 1985, c. C-46, s. 366
2009, c. 28, s. 7
Related Sections
Official Source: Justice Canada: Criminal Code s. 366 (authoritative, may differ from this display)
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