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Criminal Code

s. 380 Fraud

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

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

The law says

Criminal Code s. 380
Verify on justice.gc.ca(opens in a new tab)
  • (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

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

Immigration

Where this offence sits under IRPA

Fraud over $5,000 has a top sentence of 14 years, which makes a conviction serious criminality under IRPA s.36(1). Fraud of $5,000 or less is hybrid, and it creates inadmissibility under s.36(2) (foreign nationals only). Officers take fraud very seriously. It speaks to character and honesty.

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

IRPA sections involved

Guides that explain this section