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Criminal Code

s. 366 Forgery

  • Theft, Fraud & Property Offences
  • 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. 366
Verify on justice.gc.ca(opens in a new tab)
  • (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

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

Immigration

Where this offence sits under IRPA

Forgery has a top sentence of 10 years on indictment. That makes a conviction serious criminality under IRPA s.36(1), for permanent residents and foreign nationals alike. A forged ID, travel document or immigration form can also raise misrepresentation under s.40. No deemed rehabilitation is available when the maximum is 10 years or more. 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