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Criminal Code

s. 402.2 Identity Theft

Identity theft

  • Theft, Fraud & Property
  • Theft & Fraud
Maximum sentence
5 years (indictable) / summary conviction
Classification
Hybrid

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

The law says

Criminal Code s. 402.2
Verify on justice.gc.ca(opens in a new tab)
  • (1)Every person commits an offence who obtains or possesses another person’s identity information with intent to use it to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.
  • (2)Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person’s identity information, or has it in their possession for any of those purposes, knowing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.
  • (3)For the purposes of subsections (1) and (2), an indictable offence referred to in either of those subsections includes an offence under any of the following sections:
  • (a)section 57 (forgery of or uttering forged passport);
  • (b)section 58 (fraudulent use of certificate of citizenship);
  • (c)section 130 (personating peace officer);
  • (d)section 131 (perjury);
  • (e)section 342 (theft, forgery, etc., of credit card);
  • (f)section 362 (false pretence or false statement);
  • (g)section 366 (forgery);
  • (h)section 368 (use, trafficking or possession of forged document);
  • (i)section 380 (fraud); and
  • (j)section 403 (identity fraud).
  • (4)An accused who is charged with an offence under subsection (1) or (2) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody. However, no proceeding in respect of the offence shall be commenced in a province without the consent of the Attorney General of that province if the offence is alleged to have been committed outside that province.
  • (5)Everyone who commits an offence under subsection (1) or (2) (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
  • (b)is guilty of an offence punishable on summary conviction.
Amendment History (2)
  • 2009, c. 28, s. 10
  • 2018, c. 29, s. 45

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

Immigration

Where this offence sits under IRPA

Identity theft means getting or holding another person’s identity information to commit a crime built on fraud, deceit or lies. It is hybrid. On indictment, the top sentence is 5 years. IRPA s.36(3)(a) treats it as indictable, so a conviction is criminality under s.36(2) (foreign nationals only). The 5-year maximum is below the serious criminality line in s.36(1). Fraud-type offences also raise concerns about honesty. Those concerns bear on misrepresentation under s.40. A sentence of more than six months in prison imposed in Canada would make it serious criminality (s.36(1)(a)).

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

IRPA sections involved

Guides on offences like this one

No guide cites this section directly. These guides cite related offences.

Theft & Shoplifting Conviction Entry to CanadaFraud & White-Collar Crime Entry to Canada

Related sections

Criminal Code s. 403Identity FraudHybridCriminal Code s. 380FraudHybridCriminal Code s. 368Use, Trafficking or Possession of Forged DocumentHybrid