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← Back to Law ExplorerLast verified: June 2026 · Source: laws-lois.justice.gc.ca
Theft, Fraud & PropertyHybrid
§380

Fraud

Theft & Fraud
Maximum Sentence

14 years (over $5,000) / 2 years (under $5,000)

Classification: Hybrid
🍁 Immigration Impact

Fraud over $5,000 carries a 14-year maximum: serious criminality under IRPA s.36(1). Fraud under $5,000 is a hybrid offence creating inadmissibility under s.36(2). Fraud convictions are viewed very seriously for immigration purposes as they relate to character and honesty.

🍁 In Simple Terms

Getting money, property, or a service out of someone by lying or deceit. Above $5,000 the ceiling is 14 years, comfortably serious criminality, while under $5,000 it is 2 years and ordinary criminality. Officers read a fraud record as a statement about honesty, which gives it more weight than the dollar figure suggests.

Legal Text, Criminal Code s. 380

(1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service, (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or (b) 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, where the value of the subject-matter of the offence does not exceed five thousand dollars. (1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars. (2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Amendment History (6)
R.S., 1985, c. C-46, s. 380
R.S., 1985, c. 27 (1st Supp.), s. 54
1994, c. 44, s. 25
1997, c. 18, s. 26
2004, c. 3, s. 2
2011, c. 6, s. 2
Related Sections
Official Source: Justice Canada: Criminal Code s. 380 (authoritative, may differ from this display)
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