5 years (indictable) / summary conviction
Identity theft is a hybrid offence with a 5-year indictable maximum. Under IRPA s.36(3)(a) it is deemed indictable, creating criminality inadmissibility under s.36(2). The 5-year maximum is below the serious-criminality threshold of s.36(1). Fraud-type offences also raise honesty concerns relevant to misrepresentation under s.40.
(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. (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.